38 U.S.C. § 1114 (2024) — Title 38: VETERANS' BENEFITS / Chapter 11 / Subchapter II / Section 1114: Rates of wartime disability compensation
Rates of wartime disability compensation
Status: in_force

For the purposes of section 1110 of this title—

(a) if and while the disability is rated 10 percent the monthly compensation shall be $123;

(b) if and while the disability is rated 20 percent the monthly compensation shall be $243;

(c) if and while the disability is rated 30 percent the monthly compensation shall be $376;

(d) if and while the disability is rated 40 percent the monthly compensation shall be $541;

(e) if and while the disability is rated 50 percent the monthly compensation shall be $770;

(f) if and while the disability is rated 60 percent the monthly compensation shall be $974;

(g) if and while the disability is rated 70 percent the monthly compensation shall be $1,228;

(h) if and while the disability is rated 80 percent the monthly compensation shall be $1,427;

(i) if and while the disability is rated 90 percent the monthly compensation shall be $1,604;

(j) if and while the disability is rated as total the monthly compensation shall be $2,673;

(k) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, or, in the case of a woman veteran, has suffered the anatomical loss of 25 percent or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy) or has received radiation treatment of breast tissue, the rate of compensation therefor shall be $96 per month for each such loss or loss of use independent of any other compensation provided in subsections (a) through (j) or subsection (s) of this section but in no event to exceed $3,327 per month; and in the event the veteran has suffered one or more of the disabilities heretofore specified in this subsection, in addition to the requirement for any of the rates specified in subsections (l) through (n) of this section, the rate of compensation shall be increased by $96 per month for each such loss or loss of use, but in no event to exceed $4,667 per month;

(l) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of both feet, or of one hand and one foot, or is blind in both eyes, with 5/200 visual acuity or less, or is permanently bedridden or with such significant disabilities as to be in need of regular aid and attendance, the monthly compensation shall be $3,327;

(m) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of both hands, or of both legs with factors preventing natural knee action with prostheses in place, or of one arm and one leg with factors preventing natural elbow and knee action with prostheses in place, or has suffered blindness in both eyes having only light perception, or has suffered blindness in both eyes, rendering such veteran so significantly disabled as to be in need of regular aid and attendance, the monthly compensation shall be $3,671;

(n) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of both arms with factors preventing natural elbow action with prostheses in place, has suffered the anatomical loss of both legs with factors that prevent the use of prosthetic appliances, or has suffered the anatomical loss of one arm and one leg with factors that prevent the use of prosthetic appliances, or has suffered the anatomical loss of both eyes, or has suffered blindness without light perception in both eyes, the monthly compensation shall be $4,176;

(o) if the veteran, as the result of service-connected disability, has suffered disability under conditions which would entitle such veteran to two or more of the rates provided in one or more subsections (l) through (n) of this section, no condition being considered twice in the determination, or if the veteran has suffered bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 60 percent or more disabling and the veteran has also suffered service-connected total blindness with 20/200 visual acuity or less, or if the veteran has suffered service-connected total deafness in one ear or bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 40 percent or more disabling and the veteran has also suffered service-connected blindness having only light perception or less, or if the veteran has suffered the anatomical loss of both arms with factors that prevent the use of prosthetic appliances, the monthly compensation shall be $4,667;

(p) in the event the veteran's service-connected disabilities exceed the requirements for any of the rates prescribed in this section, the Secretary may allow the next higher rate or an intermediate rate, but in no event in excess of $4,667. In the event the veteran has suffered service-connected blindness with 5/200 visual acuity or less and (1) has also suffered bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at no less than 30 percent disabling, the Secretary shall allow the next higher rate, or (2) has also suffered service-connected total deafness in one ear or service-connected anatomical loss or loss of use of one hand or one foot, the Secretary shall allow the next intermediate rate, but in no event in excess of $4,667. In the event the veteran has suffered service-connected blindness, having only light perception or less, and has also suffered bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 10 or 20 percent disabling, the Secretary shall allow the next intermediate rate, but in no event in excess of $4,667. In the event the veteran has suffered the anatomical loss or loss of use, or a combination of anatomical loss and loss of use, of three extremities, the Secretary shall allow the next higher rate or intermediate rate, but in no event in excess of $4,667. Any intermediate rate under this subsection shall be established at the arithmetic mean, rounded down to the nearest dollar, between the two rates concerned.

[(q) Repealed. Pub. L. 90–493, §4(a), Aug. 19, 1968, 82 Stat. 809.]

(r) Subject to section 5503(c) of this title, if any veteran, otherwise entitled to compensation authorized under subsection (o) of this section, at the maximum rate authorized under subsection (p) of this section, or at the intermediate rate authorized between the rates authorized under subsections (n) and (o) of this section and at the rate authorized under subsection (k) of this section, is in need of regular aid and attendance, then, in addition to such compensation—

(1) the veteran shall be paid a monthly aid and attendance allowance at the rate of $2,002; or

(2) if the veteran, in addition to such need for regular aid and attendance, is in need of a higher level of care, such veteran shall be paid a monthly aid and attendance allowance at the rate of $2,983, in lieu of the allowance authorized in clause (1) of this subsection, if the Secretary finds that the veteran, in the absence of the provision of such care, would require hospitalization, nursing home care, or other residential institutional care.

For the purposes of clause (2) of this subsection, need for a higher level of care shall be considered to be need for personal health-care services provided on a daily basis in the veteran's home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional. The existence of the need for such care shall be determined by a physician employed by the Department or, in areas where no such physician is available, by a physician carrying out such function under contract or fee arrangement based on an examination by such physician. For the purposes of section 1134 of this title, such allowance shall be considered as additional compensation payable for disability.

(s) If the veteran has a service-connected disability rated as total, and (1) has additional service-connected disability or disabilities independently ratable at 60 percent or more, or, (2) by reason of such veteran's service-connected disability or disabilities, is permanently housebound, then the monthly compensation shall be $2,993. For the purpose of this subsection, the requirement of "permanently housebound" will be considered to have been met when the veteran is substantially confined to such veteran's house (ward or clinical areas, if institutionalized) or immediate premises due to a service-connected disability or disabilities which it is reasonably certain will remain throughout such veteran's lifetime.

(t) Subject to section 5503(c) of this title, if any veteran, as the result of service-connected disability, is in need of regular aid and attendance for the residuals of traumatic brain injury, is not eligible for compensation under subsection (r)(2), and in the absence of such regular aid and attendance would require hospitalization, nursing home care, or other residential institutional care, the veteran shall be paid, in addition to any other compensation under this section, a monthly aid and attendance allowance equal to the rate described in subsection (r)(2), which for purposes of section 1134 of this title shall be considered as additional compensation payable for disability. An allowance authorized under this subsection shall be paid in lieu of any allowance authorized by subsection (r)(1).

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1120, §314; Pub. L. 85–782, §2, Aug. 27, 1958, 72 Stat. 936; Pub. L. 86–663, §1, July 14, 1960, 74 Stat. 528; Pub. L. 87–645, §§1(a), 2(a), Sept. 7, 1962, 76 Stat. 441; Pub. L. 88–20, §1, May 15, 1963, 77 Stat. 17; Pub. L. 88–22, §1, May 15, 1963, 77 Stat. 18; Pub. L. 89–311, §§1(a), 3(d), (e), Oct. 31, 1965, 79 Stat. 1154, 1155; Pub. L. 90–77, title IV, §401, Aug. 31, 1967, 81 Stat. 190; Pub. L. 90–493, §§1(a), 4(a), Aug. 19, 1968, 82 Stat. 808, 809; Pub. L. 91–376, §1(a), Aug. 12, 1970, 84 Stat. 787; Pub. L. 92–328, title I, §101(a), June 30, 1972, 86 Stat. 393; Pub. L. 93–295, title I, §101(a), May 31, 1974, 88 Stat. 181; Pub. L. 94–71, title I, §101(a), Aug. 5, 1975, 89 Stat. 395; Pub. L. 94–433, title I, §101(a), title IV, §§401(4), (5), 404(6)–(8), Sept. 30, 1976, 90 Stat. 1374, 1377, 1378; Pub. L. 95–117, title I, §101(a), Oct. 3, 1977, 91 Stat. 1063; Pub. L. 95–479, title I, §101(a)–(d), Oct. 18, 1978, 92 Stat. 1560, 1561; Pub. L. 96–128, title I, §§101(a), 104, 105, Nov. 28, 1979, 93 Stat. 982, 984; Pub. L. 96–385, title I, §101(a), Oct. 7, 1980, 94 Stat. 1528; Pub. L. 97–66, title I, §§101(a), 104, Oct. 17, 1981, 95 Stat. 1026, 1027; Pub. L. 97–253, title IV, §§404(a), 405(b), Sept. 8, 1982, 96 Stat. 803; Pub. L. 97–306, title I, §§101(a), 107, 111(a), (b), Oct. 14, 1982, 96 Stat. 1429, 1431, 1432; Pub. L. 98–223, title I, §§101(a), 112, Mar. 2, 1984, 98 Stat. 37, 40; Pub. L. 98–543, title I, §101(a), Oct. 24, 1984, 98 Stat. 2735; Pub. L. 99–238, title I, §101(a), Jan. 13, 1986, 99 Stat. 1765; Pub. L. 99–576, title I, §§101(a), 109(b), Oct. 28, 1986, 100 Stat. 3250, 3253; Pub. L. 100–227, title I, §101(a), Dec. 31, 1987, 101 Stat. 1552; Pub. L. 100–687, div. B, title XI, §1101(a), Nov. 18, 1988, 102 Stat. 4123; Pub. L. 101–237, title I, §101(a), Dec. 18, 1989, 103 Stat. 2062; Pub. L. 102–3, §2(a), Feb. 6, 1991, 105 Stat. 7; Pub. L. 102–40, title IV, §402(d)(1), May 7, 1991, 105 Stat. 239; renumbered §1114 and amended Pub. L. 102–83, §§4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–152, §2(a), Nov. 12, 1991, 105 Stat. 985; Pub. L. 103–78, §1, Aug. 13, 1993, 107 Stat. 767; Pub. L. 103–140, §2, Nov. 11, 1993, 107 Stat. 1485; Pub. L. 105–98, §2(a), Nov. 19, 1997, 111 Stat. 2155; Pub. L. 106–118, §2(a), Nov. 30, 1999, 113 Stat. 1601; Pub. L. 106–419, title III, §302, Nov. 1, 2000, 114 Stat. 1853; Pub. L. 107–94, §2(a), Dec. 21, 2001, 115 Stat. 900; Pub. L. 107–103, title II, §204(b)(1), Dec. 27, 2001, 115 Stat. 990; Pub. L. 107–330, title I, §102, title III, §309(a), Dec. 6, 2002, 116 Stat. 2821, 2829; Pub. L. 108–454, title III, §307(a), Dec. 10, 2004, 118 Stat. 3612; Pub. L. 109–111, §2(a), Nov. 22, 2005, 119 Stat. 2362; Pub. L. 109–233, title V, §502(1), (2), June 15, 2006, 120 Stat. 415; Pub. L. 109–444, §9(a), Dec. 21, 2006, 120 Stat. 3314; Pub. L. 109–461, title X, §§1005(a), 1006(b), Dec. 22, 2006, 120 Stat. 3466, 3468; Pub. L. 110–157, title I, §101, Dec. 26, 2007, 121 Stat. 1831; Pub. L. 110–324, §3(a), Sept. 24, 2008, 122 Stat. 3550; Pub. L. 111–37, §3(a), June 30, 2009, 123 Stat. 1928; Pub. L. 111–275, title VI, §601(a), (b)(1), title X, §1001(b), Oct. 13, 2010, 124 Stat. 2884, 2896.)

Editorial Notes

Amendments

2010—Subsec. (m). Pub. L. 111–275, §601(a)(1), substituted "both legs with factors" for "both legs at a level, or with complications," and "one leg with factors" for "one leg at levels, or with complications,".

Subsec. (n). Pub. L. 111–275, §601(a)(2), substituted "both arms with factors" for "both arms at levels, or with complications,", "both legs with factors that" for "both legs so near the hip as to", and "one leg with factors that" for "one leg so near the shoulder and hip as to".

Subsec. (o). Pub. L. 111–275, §601(a)(3), substituted "with factors that" for "so near the shoulder as to".

Subsec. (p). Pub. L. 111–275, §601(b)(1)(A), substituted a period for the semicolon at end.

Subsec. (r)(2). Pub. L. 111–275, §1001(b), substituted "$2,983" for "$$2,983".

Subsec. (t). Pub. L. 111–275, §601(b)(1)(B), added subsec. (t).

2009—Subsec. (a). Pub. L. 111–37, §3(a)(1), substituted "$123" for "$117".

Subsec. (b). Pub. L. 111–37, §3(a)(2), substituted "$243" for "$230".

Subsec. (c). Pub. L. 111–37, §3(a)(3), substituted "$376" for "$356".

Subsec. (d). Pub. L. 111–37, §3(a)(4), substituted "$541" for "$512".

Subsec. (e). Pub. L. 111–37, §3(a)(5), substituted "$770" for "$728".

Subsec. (f). Pub. L. 111–37, §3(a)(6), substituted "$974" for "$921".

Subsec. (g). Pub. L. 111–37, §3(a)(7), substituted "$1,228" for "$1,161".

Subsec. (h). Pub. L. 111–37, §3(a)(8), substituted "$1,427" for "$1,349".

Subsec. (i). Pub. L. 111–37, §3(a)(9), substituted "$1,604" for "$1,517".

Subsec. (j). Pub. L. 111–37, §3(a)(10), substituted "$2,673" for "$2,527".

Subsec. (k). Pub. L. 111–37, §3(a)(11), substituted "$96" for "$91" in two places and substituted "$3,327" and "$4,667" for "$3,145" and "$4,412", respectively.

Subsec. (l). Pub. L. 111–37, §3(a)(12), substituted "$3,327" for "$3,145".

Subsec. (m). Pub. L. 111–37, §3(a)(13), substituted "$3,671" for "$3,470".

Subsec. (n). Pub. L. 111–37, §3(a)(14), substituted "$4,176" for "$3,948".

Subsecs. (o), (p). Pub. L. 111–37, §3(a)(15), substituted "$4,667" for "$4,412" wherever appearing.

Subsec. (r)(1). Pub. L. 111–37, §3(a)(16), substituted "$2,002" for "$1,893".

Subsec. (r)(2). Pub. L. 111–37, §3(a)(16), substituted "$2,983" for "$2,820".

Subsec. (s). Pub. L. 111–37, §3(a)(17), substituted "$2,993" for "$2,829".

2008—Subsec. (a). Pub. L. 110–324, §3(a)(1), substituted "$117" for "$115".

Subsec. (b). Pub. L. 110–324, §3(a)(2), substituted "$230" for "$225".

Subsec. (c). Pub. L. 110–324, §3(a)(3), substituted "$356" for "$348".

Subsec. (d). Pub. L. 110–324, §3(a)(4), substituted "$512" for "$501".

Subsec. (e). Pub. L. 110–324, §3(a)(5), substituted "$728" for "$712".

Subsec. (f). Pub. L. 110–324, §3(a)(6), substituted "$921" for "$901".

Subsec. (g). Pub. L. 110–324, §3(a)(7), substituted "$1,161" for "$1,135".

Subsec. (h). Pub. L. 110–324, §3(a)(8), substituted "$1,349" for "$1,319".

Subsec. (i). Pub. L. 110–324, §3(a)(9), substituted "$1,517" for "$1,483".

Subsec. (j). Pub. L. 110–324, §3(a)(10), substituted "$2,527" for "$2,471".

Subsec. (k). Pub. L. 110–324, §3(a)(11), substituted "$91" for "$89" in two places and substituted "$3,145" and "$4,412" for "$3,075" and "$4,313", respectively.

Subsec. (l). Pub. L. 110–324, §3(a)(12), substituted "$3,145" for "$3,075".

Subsec. (m). Pub. L. 110–324, §3(a)(13), substituted "$3,470" for "$3,392".

Subsec. (n). Pub. L. 110–324, §3(a)(14), substituted "$3,948" for "$3,860".

Subsecs. (o), (p). Pub. L. 110–324, §3(a)(15), substituted "$4,412" for "$4,313" wherever appearing.

Subsec. (r)(1). Pub. L. 110–324, §3(a)(16), substituted "$1,893" for "$1,851".

Subsec. (r)(2). Pub. L. 110–324, §3(a)(16), substituted "$2,820" for "$2,757".

Subsec. (s). Pub. L. 110–324, §3(a)(17), substituted "$2,829" for "$2,766".

2007—Subsec. (o). Pub. L. 110–157 substituted "20/200" for "5/200".

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, §1005(a)(1), substituted "$115" for "$112".

Pub. L. 109–444, §9(a)(1), which substituted "$115" for "$112", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (b). Pub. L. 109–461, §1005(a)(2), substituted "$225" for "$218".

Pub. L. 109–444, §9(a)(2), which substituted "$225" for "$218", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (c). Pub. L. 109–461, §1005(a)(3), substituted "$348" for "$337".

Pub. L. 109–444, §9(a)(3), which substituted "$348" for "$337", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (d). Pub. L. 109–461, §1005(a)(4), substituted "$501" for "$485".

Pub. L. 109–444, §9(a)(4), which substituted "$501" for "$485", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (e). Pub. L. 109–461, §1005(a)(5), substituted "$712" for "$690".

Pub. L. 109–444, §9(a)(5), which substituted "$712" for "$690", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (f). Pub. L. 109–461, §1005(a)(6), substituted "$901" for "$873".

Pub. L. 109–444, §9(a)(6), which substituted "$901" for "$873", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (g). Pub. L. 109–461, §1005(a)(7), substituted "$1,135" for "$1,099".

Pub. L. 109–444, §9(a)(7), which substituted "$1,135" for "$1,099", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (h). Pub. L. 109–461, §1005(a)(8), substituted "$1,319" for "$1,277".

Pub. L. 109–444, §9(a)(8), which substituted "$1,319" for "$1,277", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (i). Pub. L. 109–461, §1005(a)(9), substituted "$1,483" for "$1,436".

Pub. L. 109–444, §9(a)(9), which substituted "$1,483" for "$1,436", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (j). Pub. L. 109–461, §1005(a)(10), substituted "$2,471" for "$2,393".

Pub. L. 109–444, §9(a)(10), which substituted "$2,471" for "$2,393", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (k). Pub. L. 109–461, §1005(a)(11), substituted "$89" for "$87" in two places and substituted "$3,075" and "$4,313" for "$2,977" and "$4,176", respectively.

Pub. L. 109–444, §9(a)(11), which substituted "$89" for "$87" in two places and substituted "$3,075" and "$4,313" for "$2,977" and "$4,176", respectively, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (l). Pub. L. 109–461, §1005(a)(12), substituted "$3,075" for "$2,977".

Pub. L. 109–444, §9(a)(12), which substituted "$3,075" for "$2,977", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Pub. L. 109–233, §502(1), substituted "with such significant disabilities" for "so helpless".

Subsec. (m). Pub. L. 109–461, §1005(a)(13), substituted "$3,392" for "$3,284".

Pub. L. 109–444, §9(a)(13), which substituted "$3,392" for "$3,284", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Pub. L. 109–233, §502(2), substituted "so significantly disabled" for "so helpless".

Subsec. (n). Pub. L. 109–461, §1005(a)(14), substituted "$3,860" for "$3,737".

Pub. L. 109–444, §9(a)(14), which substituted "$3,860" for "$3,737", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsecs. (o), (p). Pub. L. 109–461, §1005(a)(15), substituted "$4,313" for "$4,176" wherever appearing.

Pub. L. 109–444, §9(a)(15), which substituted "$4,313" for "$4,176" wherever appearing, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (r). Pub. L. 109–461, §1005(a)(16), substituted "$1,851" and "$2,757" for "$1,792" and "2,669", respectively.

Pub. L. 109–444, §9(a)(16), which substituted "$1,851" and "$2,757" for "$1,792" and "2,669", respectively, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (s). Pub. L. 109–461, §1005(a)(17), substituted "$2,766" for "$2,678".

Pub. L. 109–444, §9(a)(17), which substituted "$2,766" for "$2,678", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

2005—Subsec. (a). Pub. L. 109–111, §2(a)(1), substituted "$112" for "$106".

Subsec. (b). Pub. L. 109–111, §2(a)(2), substituted "$218" for "$205".

Subsec. (c). Pub. L. 109–111, §2(a)(3), substituted "$337" for "$316".

Subsec. (d). Pub. L. 109–111, §2(a)(4), substituted "$485" for "$454".

Subsec. (e). Pub. L. 109–111, §2(a)(5), substituted "$690" for "$646".

Subsec. (f). Pub. L. 109–111, §2(a)(6), substituted "$873" for "$817".

Subsec. (g). Pub. L. 109–111, §2(a)(7), substituted "$1,099" for "$1,029".

Subsec. (h). Pub. L. 109–111, §2(a)(8), substituted "$1,277" for "$1,195".

Subsec. (i). Pub. L. 109–111, §2(a)(9), substituted "$1,436" for "$1,344".

Subsec. (j). Pub. L. 109–111, §2(a)(10), substituted "$2,393" for "$2,239".

Subsec. (k). Pub. L. 109–111, §2(a)(11), substituted "$87" for "$82" in two places and substituted "$2,977" and "$4,176" for "$2,785" and "$3,907", respectively.

Subsec. (l). Pub. L. 109–111, §2(a)(12), substituted "$2,977" for "$2,785".

Subsec. (m). Pub. L. 109–111, §2(a)(13), substituted "$3,284" for "$3,073".

Subsec. (n). Pub. L. 109–111, §2(a)(14), substituted "$3,737" for "$3,496".

Subsecs. (o), (p). Pub. L. 109–111, §2(a)(15), substituted "$4,176" for "$3,907" wherever appearing.

Subsec. (r). Pub. L. 109–111, §2(a)(16), substituted "$1,792" and "$2,669" for "$1,677" and "$2,497", respectively.

Subsec. (s). Pub. L. 109–111, §2(a)(17), substituted "$2,678" for "$2,506".

2004—Subsec. (a). Pub. L. 108–454, §307(a)(1), substituted "$106" for "$104".

Subsec. (b). Pub. L. 108–454, §307(a)(2), substituted "$205" for "$201".

Subsec. (c). Pub. L. 108–454, §307(a)(3), substituted "$316" for "$310".

Subsec. (d). Pub. L. 108–454, §307(a)(4), substituted "$454" for "$445".

Subsec. (e). Pub. L. 108–454, §307(a)(5), substituted "$646" for "$633".

Subsec. (f). Pub. L. 108–454, §307(a)(6), substituted "$817" for "$801".

Subsec. (g). Pub. L. 108–454, §307(a)(7), substituted "$1,029" for "$1,008".

Subsec. (h). Pub. L. 108–454, §307(a)(8), substituted "$1,195" for "$1,171".

Subsec. (i). Pub. L. 108–454, §307(a)(9), substituted "$1,344" for "$1,317".

Subsec. (j). Pub. L. 108–454, §307(a)(10), substituted "$2,239" for "$2,193".

Subsec. (k). Pub. L. 108–454, §307(a)(11), substituted "$82" for "$81" in two places and substituted "$2,785" and "$3,907" for "$2,728" and "$3,827", respectively.

Subsec. (l). Pub. L. 108–454, §307(a)(12), substituted "$2,785" for "$2,728".

Subsec. (m). Pub. L. 108–454, §307(a)(13), substituted "$3,073" for "$3,010".

Subsec. (n). Pub. L. 108–454, §307(a)(14), substituted "$3,496" for "$3,425".

Subsecs. (o), (p). Pub. L. 108–454, §307(a)(15), substituted "$3,907" for "$3,827" wherever appearing.

Subsec. (r). Pub. L. 108–454, §307(a)(16), substituted "$1,677" and "$2,497" for "$1,643" and "$2,446", respectively.

Subsec. (s). Pub. L. 108–454, §307(a)(17), substituted "$2,506" for "$2,455".

2002—Subsec. (a). Pub. L. 107–330, §309(a)(1), substituted "$104" for "$103".

Subsec. (b). Pub. L. 107–330, §309(a)(2), substituted "$201" for "$199".

Subsec. (c). Pub. L. 107–330, §309(a)(3), substituted "$310" for "$306".

Subsec. (d). Pub. L. 107–330, §309(a)(4), substituted "$445" for "$439".

Subsec. (e). Pub. L. 107–330, §309(a)(5), substituted "$633" for "$625".

Subsec. (f). Pub. L. 107–330, §309(a)(6), substituted "$801" for "$790".

Subsec. (g). Pub. L. 107–330, §309(a)(7), substituted "$1,008" for "$995".

Subsec. (h). Pub. L. 107–330, §309(a)(8), substituted "$1,171" for "$1,155".

Subsec. (i). Pub. L. 107–330, §309(a)(9), substituted "$1,317" for "$1,299".

Subsec. (j). Pub. L. 107–330, §309(a)(10), substituted "$2,193" for "$2,163".

Subsec. (k). Pub. L. 107–330, §309(a)(11), substituted "$81" for "$80" in two places and substituted "$2,728" and "$3,827" for "$2,691" and "$3,775", respectively.

Pub. L. 107–330, §102, substituted "25 percent or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy) or has received radiation treatment of breast tissue" for "one or both breasts (including loss by mastectomy)".

Subsec. (l). Pub. L. 107–330, §309(a)(12), substituted "$2,728" for "$2,691".

Subsec. (m). Pub. L. 107–330, §309(a)(13), substituted "$3,010" for "$2,969".

Subsec. (n). Pub. L. 107–330, §309(a)(14), substituted "$3,425" for "$3,378".

Subsecs. (o), (p). Pub. L. 107–330, §309(a)(15), substituted "$3,827" for "$3,775" wherever appearing.

Subsec. (r). Pub. L. 107–330, §309(a)(16), substituted "$1,643" and "$2,446" for "$1,621" and "$2,413", respectively.

Subsec. (s). Pub. L. 107–330, §309(a)(17), substituted "$2,455" for "$2,422".

2001—Subsec. (a). Pub. L. 107–94, §2(a)(1), substituted "$103" for "$98".

Subsec. (b). Pub. L. 107–94, §2(a)(2), substituted "$199" for "$188".

Subsec. (c). Pub. L. 107–94, §2(a)(3), substituted "$306" for "$288".

Subsec. (d). Pub. L. 107–94, §2(a)(4), substituted "$439" for "$413".

Subsec. (e). Pub. L. 107–94, §2(a)(5), substituted "$625" for "$589".

Subsec. (f). Pub. L. 107–94, §2(a)(6), substituted "$790" for "$743".

Subsec. (g). Pub. L. 107–94, §2(a)(7), substituted "$995" for "$937".

Subsec. (h). Pub. L. 107–94, §2(a)(8), substituted "$1,155" for "$1,087".

Subsec. (i). Pub. L. 107–94, §2(a)(9), substituted "$1,299" for "$1,224".

Subsec. (j). Pub. L. 107–94, §2(a)(10), substituted "$2,163" for "$2,036".

Subsec. (k). Pub. L. 107–94, §2(a)(11), substituted "$80" for "$76" in two places, "$2,691" for "$2,533", and "$3,775" for "$3,553".

Subsec. (l). Pub. L. 107–94, §2(a)(12), substituted "$2,691" for "$2,533".

Subsec. (m). Pub. L. 107–94, §2(a)(13), substituted "$2,969" for "$2,794".

Subsec. (n). Pub. L. 107–94, §2(a)(14), substituted "$3,378" for "$3,179".

Subsecs. (o), (p). Pub. L. 107–94, §2(a)(15), substituted "$3,775" for "$3,553" wherever appearing.

Subsec. (r). Pub. L. 107–103 substituted "section 5503(c)" for "section 5503(e)" in introductory provisions.

Subsec. (r)(1). Pub. L. 107–94, §2(a)(16), substituted "$1,621" for "$1,525".

Subsec. (r)(2). Pub. L. 107–94, §2(a)(16), substituted "$2,413" for "$2,271".

Subsec. (s). Pub. L. 107–94, §2(a)(17), substituted "$2,422" for "$2,280".

2000—Subsec. (k). Pub. L. 106–419 substituted "has suffered complete organic" for "or has suffered complete organic" and inserted "or, in the case of a woman veteran, has suffered the anatomical loss of one or both breasts (including loss by mastectomy)," after "air and bone conduction,".

1999—Subsec. (a). Pub. L. 106–118, §2(a)(1), substituted "$98" for "$95".

Subsec. (b). Pub. L. 106–118, §2(a)(2), substituted "$188" for "$182".

Subsec. (c). Pub. L. 106–118, §2(a)(3), substituted "$288" for "$279".

Subsec. (d). Pub. L. 106–118, §2(a)(4), substituted "$413" for "$399".

Subsec. (e). Pub. L. 106–118, §2(a)(5), substituted "$589" for "$569".

Subsec. (f). Pub. L. 106–118, §2(a)(6), substituted "$743" for "$717".

Subsec. (g). Pub. L. 106–118, §2(a)(7), substituted "$937" for "$905".

Subsec. (h). Pub. L. 106–118, §2(a)(8), substituted "$1,087" for "$1,049".

Subsec. (i). Pub. L. 106–118, §2(a)(9), substituted "$1,224" for "$1,181".

Subsec. (j). Pub. L. 106–118, §2(a)(10), substituted "$2,036" for "$1,964".

Subsec. (k). Pub. L. 106–118, §2(a)(11), substituted "$76" for "$75" in two places and substituted "$2,533" and "$3,553" for "$2,443" and "$3,426", respectively.

Subsec. (l). Pub. L. 106–118, §2(a)(12), substituted "$2,533" for "$2,443".

Subsec. (m). Pub. L. 106–118, §2(a)(13), substituted "$2,794" for "$2,694".

Subsec. (n). Pub. L. 106–118, §2(a)(14), substituted "$3,179" for "$3,066".

Subsecs. (o), (p). Pub. L. 106–118, §2(a)(15), substituted "$3,553" for "$3,426" wherever appearing.

Subsec. (r). Pub. L. 106–118, §2(a)(16), substituted "$1,525" and "$2,271" for "$1,471" and "$2,190", respectively.

Subsec. (s). Pub. L. 106–118, §2(a)(17), substituted "$2,280" for "$2,199".

1997—Subsec. (a). Pub. L. 105–98, §2(a)(1), substituted "$95" for "$87".

Subsec. (b). Pub. L. 105–98, §2(a)(2), substituted "$182" for "$166".

Subsec. (c). Pub. L. 105–98, §2(a)(3), substituted "$279" for "$253".

Subsec. (d). Pub. L. 105–98, §2(a)(4), substituted "$399" for "$361".

Subsec. (e). Pub. L. 105–98, §2(a)(5), substituted "$569" for "$515".

Subsec. (f). Pub. L. 105–98, §2(a)(6), substituted "$717" for "$648".

Subsec. (g). Pub. L. 105–98, §2(a)(7), substituted "$905" for "$819".

Subsec. (h). Pub. L. 105–98, §2(a)(8), substituted "$1,049" for "$948".

Subsec. (i). Pub. L. 105–98, §2(a)(9), substituted "$1,181" for "$1,067".

Subsec. (j). Pub. L. 105–98, §2(a)(10), substituted "$1,964" for "$1,774".

Subsec. (k). Pub. L. 105–98, §2(a)(11), substituted "$75" for "$70" in two places and substituted "$2,443" and "$3,426" for "$2,207" and "$3,093", respectively.

Subsec. (l). Pub. L. 105–98, §2(a)(12), substituted "$2,443" for "$2,207".

Subsec. (m). Pub. L. 105–98, §2(a)(13), substituted "$2,694" for "$2,432".

Subsec. (n). Pub. L. 105–98, §2(a)(14), substituted "$3,066" for "$2,768".

Subsecs. (o), (p). Pub. L. 105–98, §2(a)(15), substituted "$3,426" for "$3,093" wherever appearing.

Subsec. (r). Pub. L. 105–98, §2(a)(16), substituted "$1,471" and "$2,190" for "$1,328" and "$1,978", respectively.

Subsec. (s). Pub. L. 105–98, §2(a)(17), substituted "$2,199" for "$1,985".

1993—Subsec. (a). Pub. L. 103–140, §2(1), substituted "$87" for "$85".

Pub. L. 103–78, §1(1), substituted "$85" for "$83".

Subsec. (b). Pub. L. 103–140, §2(2), substituted "$166" for "$162".

Pub. L. 103–78, §1(2), substituted "$162" for "$157".

Subsec. (c). Pub. L. 103–140, §2(3), substituted "$253" for "$247".

Pub. L. 103–78, §1(3), substituted "$247" for "$240".

Subsec. (d). Pub. L. 103–140, §2(4), substituted "$361" for "$352".

Pub. L. 103–78, §1(4), substituted "$352" for "$342".

Subsec. (e). Pub. L. 103–140, §2(5), substituted "$515" for "$502".

Pub. L. 103–78, §1(5), substituted "$502" for "$487".

Subsec. (f). Pub. L. 103–140, §2(6), substituted "$648" for "$632".

Pub. L. 103–78, §1(6), substituted "$632" for "$614".

Subsec. (g). Pub. L. 103–140, §2(7), substituted "$819" for "$799".

Pub. L. 103–78, §1(7), substituted "$799" for "$776".

Subsec. (h). Pub. L. 103–140, §2(8), substituted "$948" for "$924".

Pub. L. 103–78, §1(8), substituted "$924" for "$897".

Subsec. (i). Pub. L. 103–140, §2(9), substituted "$1,067" for "$1,040".

Pub. L. 103–78, §1(9), substituted "$1,040" for "$1,010".

Subsec. (j). Pub. L. 103–140, §2(10), substituted "$1,774" for "$1,730".

Pub. L. 103–78, §1(10), substituted "$1,730" for "$1,680".

Subsec. (k). Pub. L. 103–140, §2(11), substituted "$2,207" and "$3,093" for "$2,152" and "$3,015", respectively.

Pub. L. 103–78, §1(11), which directed the substitution of "$70" for "$68", was executed by making the substitution in two places to reflect the probable intent of Congress.

Pub. L. 103–78, §1(11), substituted "$2,152" and "$3,015" for "$2,089" and "$2,927", respectively.

Subsec. (l). Pub. L. 103–140, §2(12), substituted "$2,207" for "$2,152".

Pub. L. 103–78, §1(12), substituted "$2,152" for "$2,089".

Subsec. (m). Pub. L. 103–140, §2(13), substituted "$2,432" for "$2,371".

Pub. L. 103–78, §1(13), substituted "$2,371" for "$2,302".

Subsec. (n). Pub. L. 103–140, §2(14), substituted "$2,768" for "$2,698".

Pub. L. 103–78, §1(14), substituted "$2,698" for "$2,619".

Subsec. (o). Pub. L. 103–140, §2(15), substituted "$3,093" for "$3,015".

Pub. L. 103–78, §1(15), substituted "$3,015" for "$2,927".

Subsec. (p). Pub. L. 103–140, §2(15), substituted "$3,093" for "$3,015" wherever appearing.

Pub. L. 103–78, §1(15), substituted "$3,015" for "$2,927" wherever appearing.

Subsec. (r). Pub. L. 103–140, §2(16), substituted "$1,328" for "$1,295" in par. (1) and "$1,978" for "$1,928" in par. (2).

Pub. L. 103–78, §1(16), substituted "$1,295" for "$1,257" in par. (1) and "$1,928" for "$1,872" in par. (2).

Subsec. (s). Pub. L. 103–140, §2(17), substituted "$1,985" for "$1,935".

Pub. L. 103–78, §1(17), substituted "$1,935" for "$1,879".

1991—Pub. L. 102–83, §5(a), renumbered section 314 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted "1110" for "310" in introductory provisions.

Subsec. (a). Pub. L. 102–152, §2(a)(1), substituted "$83" for "$80".

Pub. L. 102–3, §2(a)(1), substituted "$80" for "$76".

Subsec. (b). Pub. L. 102–152, §2(a)(2), substituted "$157" for "$151".

Pub. L. 102–3, §2(a)(2), substituted "$151" for "$144".

Subsec. (c). Pub. L. 102–152, §2(a)(3), substituted "$240" for "$231".

Pub. L. 102–3, §2(a)(3), substituted "$231" for "$220".

Subsec. (d). Pub. L. 102–152, §2(a)(4), substituted "$342" for "$330".

Pub. L. 102–3, §2(a)(4), substituted "$330" for "$314".

Subsec. (e). Pub. L. 102–152, §2(a)(5), substituted "$487" for "$470".

Pub. L. 102–3, §2(a)(5), substituted "$470" for "$446".

Subsec. (f). Pub. L. 102–152, §2(a)(6), substituted "$614" for "$592".

Pub. L. 102–3, §2(a)(6), substituted "$592" for "$562".

Subsec. (g). Pub. L. 102–152, §2(a)(7), substituted "$776" for "$748".

Pub. L. 102–3, §2(a)(7), substituted "$748" for "$710".

Subsec. (h). Pub. L. 102–152, §2(a)(8), substituted "$897" for "$865".

Pub. L. 102–3, §2(a)(8), substituted "$865" for "$821".

Subsec. (i). Pub. L. 102–152, §2(a)(9), substituted "$1,010" for "$974".

Pub. L. 102–3, §2(a)(9), substituted "$974" for "$925".

Subsec. (j). Pub. L. 102–152, §2(a)(10), substituted "$1,680" for "$1,620".

Pub. L. 102–3, §2(a)(10), substituted "$1,620" for "$1,537".

Subsec. (k). Pub. L. 102–152, §2(a)(11), substituted "$68" for "$66" in two places and "$2,089" and "$2,927" for "$2,014" and "$2,823", respectively.

Pub. L. 102–3, §2(a)(11), substituted "$2,014" for "$1,911" and "$2,823" for "$2,679".

Subsec. (l). Pub. L. 102–152, §2(a)(12), substituted "$2,089" for "$2,014".

Pub. L. 102–3, §2(a)(12), substituted "$2,014" for "$1,911".

Subsec. (m). Pub. L. 102–152, §2(a)(13), substituted "$2,302" for "$2,220".

Pub. L. 102–3, §2(a)(13), substituted "$2,220" for "$2,107".

Subsec. (n). Pub. L. 102–152, §2(a)(14), substituted "$2,619" for "$2,526".

Pub. L. 102–3, §2(a)(14), substituted "$2,526" for "$2,397".

Subsec. (o). Pub. L. 102–152, §2(a)(15), substituted "$2,927" for "$2,823".

Pub. L. 102–3, §2(a)(15), substituted "$2,823" for "$2,679".

Subsec. (p). Pub. L. 102–152, §2(a)(15), substituted "$2,927" for "$2,823" wherever appearing.

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

Pub. L. 102–3, §2(a)(15), substituted "$2,823" for "$2,679" wherever appearing.

Subsec. (r). Pub. L. 102–152, §2(a)(16), substituted "$1,257" for "$1,212" in par. (1) and "$1,872" for "$1,805" in par. (2).

Pub. L. 102–83, §5(c)(1), substituted "1134" for "334" in last sentence.

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

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

Pub. L. 102–40 substituted "5503(e)" for "3203(e)" in introductory provisions.

Pub. L. 102–3, §2(a)(16), substituted "$1,212" for "$1,150" in par. (1) and "$1,805" for "$1,713" in par. (2).

Subsec. (s). Pub. L. 102–152, §2(a)(17), substituted "$1,879" for "$1,812".

Pub. L. 102–3, §2(a)(17), substituted "$1,812" for "$1,720".

1989—Subsec. (a). Pub. L. 101–237, §101(a)(1), substituted "$76" for "$73".

Subsec. (b). Pub. L. 101–237, §101(a)(2), substituted "$144" for "$138".

Subsec. (c). Pub. L. 101–237, §101(a)(3), substituted "$220" for "$210".

Subsec. (d). Pub. L. 101–237, §101(a)(4), substituted "$314" for "$300".

Subsec. (e). Pub. L. 101–237, §101(a)(5), substituted "$446" for "$426".

Subsec. (f). Pub. L. 101–237, §101(a)(6), substituted "$562" for "$537".

Subsec. (g). Pub. L. 101–237, §101(a)(7), substituted "$710" for "$678".

Subsec. (h). Pub. L. 101–237, §101(a)(8), substituted "$821" for "$784".

Subsec. (i). Pub. L. 101–237, §101(a)(9), substituted "$925" for "$883".

Subsec. (j). Pub. L. 101–237, §101(a)(10), substituted "$1,537" for "$1,468".

Subsec. (k). Pub. L. 101–237, §101(a)(11), substituted "$66" for "$63" in two places and substituted "$1,911" and "$2,679" for "$1,825" and "$2,559", respectively.

Subsec. (l). Pub. L. 101–237, §101(a)(12), substituted "$1,911" for "$1,825".

Subsec. (m). Pub. L. 101–237, §101(a)(13), substituted "$2,107" for "$2,012".

Subsec. (n). Pub. L. 101–237, §101(a)(14), substituted "$2,397" for "$2,289".

Subsecs. (o), (p). Pub. L. 101–237, §101(a)(15), substituted "$2,679" for "$2,559" wherever appearing.

Subsec. (r). Pub. L. 101–237, §101(a)(16), substituted "$1,150" and "$1,713" for "$1,098" and "$1,636", respectively.

Subsec. (s). Pub. L. 101–237, §101(a)(17), substituted "$1,720" for "$1,643".

1988—Subsec. (a). Pub. L. 100–687, §1101(a)(1), substituted "$73" for "$71".

Subsec. (b). Pub. L. 100–687, §1101(a)(2), substituted "$138" for "$133".

Subsec. (c). Pub. L. 100–687, §1101(a)(3), substituted "$210" for "$202".

Subsec. (d). Pub. L. 100–687, §1101(a)(4), substituted "$300" for "$289".

Subsec. (e). Pub. L. 100–687, §1101(a)(5), substituted "$426" for "$410".

Subsec. (f). Pub. L. 100–687, §1101(a)(6), substituted "$537" for "$516".

Subsec. (g). Pub. L. 100–687, §1101(a)(7), substituted "$678" for "$652".

Subsec. (h). Pub. L. 100–687, §1101(a)(8), substituted "$784" for "$754".

Subsec. (i). Pub. L. 100–687, §1101(a)(9), substituted "$883" for "$849".

Subsec. (j). Pub. L. 100–687, §1101(a)(10), substituted "$1,468" for "$1,411".

Subsec. (k). Pub. L. 100–687, §1101(a)(11), substituted "$1,825" and "$2,559" for "$1,754" and "$2,459", respectively.

Subsec. (l). Pub. L. 100–687, §1101(a)(12), substituted "$1,825" for "$1,754".

Subsec. (m). Pub. L. 100–687, §1101(a)(13), substituted "$2,012" for "$1,933".

Subsec. (n). Pub. L. 100–687, §1101(a)(14), substituted "$2,289" for "$2,199".

Subsecs. (o), (p). Pub. L. 100–687, §1101(a)(15), substituted "$2,559" for "$2,459" wherever appearing.

Subsec. (r). Pub. L. 100–687, §1101(a)(16), substituted "$1,098" and "$1,636" for "$1,055" and "$1,572", respectively.

Subsec. (s). Pub. L. 100–687, §1101(a)(17), substituted "$1,643" for "$1,579".

1987—Subsec. (a). Pub. L. 100–227, §101(a)(1), substituted "$71" for "$69".

Subsec. (b). Pub. L. 100–227, §101(a)(2), substituted "$133" for "$128".

Subsec. (c). Pub. L. 100–227, §101(a)(3), substituted "$202" for "$194".

Subsec. (d). Pub. L. 100–227, §101(a)(4), substituted "$289" for "$278".

Subsec. (e). Pub. L. 100–227, §101(a)(5), substituted "$410" for "$394".

Subsec. (f). Pub. L. 100–227, §101(a)(6), substituted "$516" for "$496".

Subsec. (g). Pub. L. 100–227, §101(a)(7), substituted "$652" for "$626".

Subsec. (h). Pub. L. 100–227, §101(a)(8), substituted "$754" for "$724".

Subsec. (i). Pub. L. 100–227, §101(a)(9), substituted "$849" for "$815".

Subsec. (j). Pub. L. 100–227, §101(a)(10), substituted "$1,411" for "$1,355".

Subsec. (k). Pub. L. 100–227, §101(a)(11), substituted "$1,754" and "$2,459" for "$1,684" and "$2,360", respectively.

Subsec. (l). Pub. L. 100–227, §101(a)(12), substituted "$1,754" for "$1,684".

Subsec. (m). Pub. L. 100–227, §101(a)(13), substituted "$1,933" for "$1,856".

Subsec. (n). Pub. L. 100–227, §101(a)(14), substituted "$2,199" for "$2,111".

Subsecs. (o), (p). Pub. L. 100–227, §101(a)(15), substituted "$2,459" for "$2,360" wherever appearing.

Subsec. (r). Pub. L. 100–227, §101(a)(16), substituted "$1,055" and "$1,572" for "$1,013" and "$1,509", respectively.

Subsec. (s). Pub. L. 100–227, §101(a)(17), substituted "$1,579" for "$1,516".

1986—Subsec. (a). Pub. L. 99–576, §101(a)(1), substituted "$69" for "$68".

Pub. L. 99–238, §101(a)(1), substituted "$68" for "$66".

Subsec. (b). Pub. L. 99–576, §101(a)(2), substituted "$128" for "$126".

Pub. L. 99–238, §101(a)(2), substituted "$126" for "$122".

Subsec. (c). Pub. L. 99–576, §101(a)(3), substituted "$194" for "$191".

Pub. L. 99–238, §101(a)(3), substituted "$191" for "$185".

Subsec. (d). Pub. L. 99–576, §101(a)(4), substituted "$278" for "$274".

Pub. L. 99–238, §101(a)(4), substituted "$274" for "$266".

Subsec. (e). Pub. L. 99–576, §101(a)(5), substituted "$394" for "$388".

Pub. L. 99–238, §101(a)(5), substituted "$388" for "$376".

Subsec. (f). Pub. L. 99–576, §101(a)(6), substituted "$496" for "$489".

Pub. L. 99–238, §101(a)(6), substituted "$489" for "$474".

Subsec. (g). Pub. L. 99–576, §101(a)(7), substituted "$626" for "$617".

Pub. L. 99–238, §101(a)(7), substituted "$617" for "$598".

Subsec. (h). Pub. L. 99–576, §101(a)(8), substituted "$724" for "$713".

Pub. L. 99–238, §101(a)(8), substituted "$713" for "$692".

Subsec. (i). Pub. L. 99–576, §101(a)(9), substituted "$815" for "$803".

Pub. L. 99–238, §101(a)(9), substituted "$803" for "$779".

Subsec. (j). Pub. L. 99–576, §101(a)(10), substituted "$1,355" for "$1,335".

Pub. L. 99–238, §101(a)(10), substituted "$1,335" for "$1,295".

Subsec. (k). Pub. L. 99–576, §101(a)(11), substituted "$63", "$1,684", and "$2,360" for "$62", "$1,659", and "$2,325", respectively.

Pub. L. 99–238, §101(a)(11), substituted "$1,659" and "$2,325" for "$1,609" and "$2,255", respectively.

Subsec. (l). Pub. L. 99–576, §101(a)(12), substituted "$1,684" for "$1,659".

Pub. L. 99–238, §101(a)(12), substituted "$1,659" for "$1,609".

Subsec. (m). Pub. L. 99–576, §101(a)(13), substituted "$1,856" for "$1,829".

Pub. L. 99–238, §101(a)(13), substituted "$1,829" for "$1,774".

Subsec. (n). Pub. L. 99–576, §101(a)(14), substituted "$2,111" for "$2,080".

Pub. L. 99–238, §101(a)(14), substituted "$2,080" for "$2,017".

Subsecs. (o), (p). Pub. L. 99–576, §101(a)(15), substituted "$2,360" for "$2,325" wherever appearing.

Pub. L. 99–238, §101(a)(15), substituted "$2,325" for "$2,255" wherever appearing.

Subsec. (r). Pub. L. 99–576, §101(a)(16), substituted "$1,013" and "$1,509" for "$998" and "$1,487", respectively.

Pub. L. 99–238, §101(a)(16), substituted "$998" and "$1,487" for "$968" and "$1,442", respectively.

Subsec. (s). Pub. L. 99–576, §101(a)(17), substituted "$1,516" for "$1,494".

Pub. L. 99–238, §101(a)(17), substituted "$1,494" for "$1,449".

Subsec. (t). Pub. L. 99–576, §109(b), struck out subsec. (t) which read as follows:

"(1) If the veteran (A) is entitled to receive compensation at any rate provided for under subsections (a) through (i) of this section and compensation under subsection (k) of this section, (B) has suffered the loss or loss of use of an extremity as a result of a service-connected disability ratable at 40 percent or more, and (C) has suffered the loss or loss of use of the paired extremity as a result of a non-service-connected disability, not the result of the veteran's own willful misconduct, that would be rated, if service-connected, at 40 percent or more, the monthly rate of compensation payable to such veteran shall be increased by $289.

"(2) If a veteran described in paragraph (1) of this subsection receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the non-service-connected disability described in such paragraph, the increase in the rate of compensation otherwise payable under this subsection shall not be paid for any month following a month in which any such money or property is received until such time as the total of the amount of such increase that would otherwise have been payable equals the total of the amount of any such money received and the fair market value of any such property received."

Pub. L. 99–238, §101(a)(18), substituted "$289" for "$280" in par. (1).

1984—Subsec. (a). Pub. L. 98–543, §101(a)(1), substituted "$66" for "$64".

Pub. L. 98–223, §101(a)(1), substituted "$64" for "$62".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (b). Pub. L. 98–543, §101(a)(2), substituted "$122" for "$118".

Pub. L. 98–223, §101(a)(2), substituted "$118" for "$114".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (c). Pub. L. 98–543, §101(a)(3), substituted "$185" for "$179".

Pub. L. 98–223, §101(a)(3), substituted "$179" for "$173".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (d). Pub. L. 98–543, §101(a)(4), substituted "$266" for "$258".

Pub. L. 98–223, §101(a)(4), substituted "$258" for "$249".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (e). Pub. L. 98–543, §101(a)(5), substituted "376" for "364".

Pub. L. 98–223, §101(a)(5), substituted "$364" for "$352".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (f). Pub. L. 98–543, §101(a)(6), substituted "$474" for "$459".

Pub. L. 98–223, §101(a)(6), substituted "$459" for "$443".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (g). Pub. L. 98–543, §101(a)(7), substituted "$598" for "$579".

Pub. L. 98–223, §101(a)(7), substituted "$579" for "$559".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (h). Pub. L. 98–543, §101(a)(8), substituted "$692" for "$671".

Pub. L. 98–223, §101(a)(8), substituted "$671" for "$648".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (i). Pub. L. 98–543, §101(a)(9), substituted "$779" for "$755".

Pub. L. 98–223, §101(a)(9), substituted "$755" for "$729".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (j). Pub. L. 98–543, §101(a)(10), substituted "$1,295" for "$1,255".

Pub. L. 98–223, §101(a)(10), substituted "$1,255" for "$1,213".

Subsec. (k). Pub. L. 98–543, §101(a)(11), substituted "$1,609" and "$2,255" for "$1,559" and "$2,185", respectively.

Pub. L. 98–223, §101(a)(11), substituted "$1,559" and "$2,185" for "$1,506" and "$2,111", respectively.

Subsec. (l). Pub. L. 98–543, §101(a)(12), substituted "$1,609" for "$1,559".

Pub. L. 98–223, §101(a)(12), substituted "$1,559" for "$1,506".

Subsec. (m). Pub. L. 98–543, §101(a)(13), substituted "$1,774" for "$1,719".

Pub. L. 98–223, §101(a)(13), substituted "$1,719" for "$1,661".

Subsec. (n). Pub. L. 98–543, §101(a)(14), substituted "$2,017" for "$1,954".

Pub. L. 98–223, §101(a)(14), substituted "$1,954" for "$1,888".

Subsec. (o). Pub. L. 98–543, §101(a)(15), substituted "$2,255" for "$2,185".

Pub. L. 98–223, §101(a)(15), substituted "$2,185" for "$2,111".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Pub. L. 98–223, §112(a), inserted "or if the veteran has suffered service-connected total deafness in one ear or bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 40 percent or more disabling and the veteran has also suffered service-connected blindness having only light perception or less," after "5/200 visual acuity or less,".

Subsec. (p). Pub. L. 98–543, §101(a)(15), substituted "$2,255" for "$2,185" in four places.

Pub. L. 98–223, §101(a)(15), substituted "$2,185" for "$2,111" in three places.

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Pub. L. 98–223, §112(b)(1), substituted "30" for "40" in cl. (1).

Pub. L. 98–223, §112(b)(2), inserted provision authorizing the Administrator to allow the next intermediate rate, but in no event in excess of $2,185, in the event the veteran has suffered service-connected blindness, having only light perception or less, and has also suffered bilateral deafness, and the hearing impairment in either one or both ears is service connected, rated at 10 to 20 percent disabling.

Subsec. (r). Pub. L. 98–543, §101(a)(16), substituted "$968" and "$1,442" for "$938" and "$1,397", respectively.

Pub. L. 98–223, §101(a)(16), substituted "$938" and "$1,397" for "$906" and "$1,350", respectively.

Subsec. (s). Pub. L. 98–543, §101(a)(17), substituted "$1,449" for "$1,404".

Pub. L. 98–223, §101(a)(17), substituted "$1,404" for "$1,357".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (t)(1). Pub. L. 98–543, §101(a)(18), substituted "$280" for "$271".

Pub. L. 98–223, §101(a)(18), substituted "$271" for "$262".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum" in two places.

1982—Subsec. (a). Pub. L. 97–306, §§101(a)(1), 107, 108, substituted "$62" for "$58", and repealed amendment made by Pub. L. 97–253, §405(b)(1), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(1), (h), eff. Jan. 1, 1983, substituted "$57" for "$58".

Subsec. (b). Pub. L. 97–306, §101(a)(2), substituted "$114" for "$107".

Subsec. (c). Pub. L. 97–306, §§101(a)(3), 107, 108, substituted "$173" for "$162", and repealed amendment made by Pub. L. 97–253, §405(b)(2), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(2), (h), eff. Jan. 1, 1983, substituted "$161" for "$162".

Subsec. (d). Pub. L. 97–306, §101(a)(4), substituted "$249" for "$232".

Subsec. (e). Pub. L. 97–306, §101(a)(5), substituted "$352" for "$328".

Subsec. (f). Pub. L. 97–306, §§101(a)(6), 107, 108, substituted "$443" for "$413", and repealed amendment made by Pub. L. 97–253, §405(b)(3), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(3), (h), eff. Jan. 1, 1983, substituted "$412" for "$413".

Subsec. (g). Pub. L. 97–306, §101(a)(7), substituted "$559" for "$521".

Subsec. (h). Pub. L. 97–306, §§101(a)(8), 107, 108, substituted "$648" for "$604", and repealed amendment made by Pub. L. 97–253, §405(b)(4), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(4), (h), eff. Jan. 1, 1983, substituted "$603" for "$604".

Subsec. (i). Pub. L. 97–306, §101(a)(9), substituted "$729" for "$679".

Subsec. (j). Pub. L. 97–306, §101(a)(10), substituted "$1,213" for "$1,130".

Subsec. (k). Pub. L. 97–306, §§101(a)(11), 107, 108, substituted "$1,506" for "$1,403" and "$2,111" for "$1,966", and repealed amendment made by Pub. L. 97–253, §405(b)(5), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(5), (h), eff. Jan. 1, 1983, substituted "$61" for "$62", "$1,402" for "$1,403", "$61" for "$62", and "$1,965" for "$1,966".

Subsec. (l). Pub. L. 97–306, §§101(a)(12), 107, 108, substituted "$1,506" for "$1,403", and repealed amendment made by Pub. L. 97–253, §405(b)(6), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(6), (h), eff. Jan. 1, 1983, substituted "$1,402" for "$1,403".

Subsec. (m). Pub. L. 97–306, §§101(a)(13), 107, 108, substituted "$1,661" for "$1,547", and repealed amendment made by Pub. L. 97–253, §405(b)(7), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(7), (h), eff. Jan. 1, 1983, substituted "$1,546" for "$1,547".

Subsec. (n). Pub. L. 97–306, §§101(a)(14), 107, 108, 111(a), inserted "or has suffered blindness without light perception in both eyes," after "anatomical loss of both eyes,", substituted "$1,888" for "$1,758", and repealed amendment made by Pub. L. 97–253, §405(b)(8), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(8), (h), eff. Jan. 1, 1983, substituted "$1,757" for "$1,758".

Subsec. (o). Pub. L. 97–306, §§101(a)(15), 107, 108, substituted "$2,111" for "$1,966", and repealed amendment made by Pub. L. 97–253, §405(b)(9), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(9), (h), eff. Jan. 1, 1983, substituted "$1,965" for "$1,966".

Subsec. (p). Pub. L. 97–306, §§101(a)(15), 107, 108, 111(b), substituted "$2,111" for "$1,966" wherever appearing, inserted "or service-connected anatomical loss or loss of use of one hand or one foot" after "in one ear", and repealed amendment made by Pub. L. 97–253, §405(b)(9), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(9), (h), eff. Jan. 1, 1983, substituted "$1,965" for "$1,966" wherever appearing.

Pub. L. 97–253, §404(a), inserted "down" after "arithmetic mean, rounded".

Subsec. (r). Pub. L. 97–306, §§101(a)(16), 107, 108, substituted "$906" for "$844" in par. (1), "$1,350" for "$1,257" in par. (2), and repealed amendment made by Pub. L. 97–253, §405(b)(10), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(10), (h), eff. Jan. 1, 1983, substituted "$843" for "$844" in par. (1), and "$1,256" for "$1,257" in par. (2).

Subsec. (s). Pub. L. 97–306, §§101(a)(17), 107, 108, substituted "$1,357" for "$1,264", and repealed amendment made by Pub. L. 97–253, §405(b)(11), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(11), (h), eff. Jan. 1, 1983, substituted "$1,263" for "$1,264".

Subsec. (t)(1). Pub. L. 97–306, §§101(a)(18), 107, 108, substituted "$262" for "$244", and repealed amendment made by Pub. L. 97–253, §405(b)(12), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(12), (h), eff. Jan. 1, 1983, substituted "$243" for "$244".

1981—Subsecs. (a) to (k). Pub. L. 97–66, §101(a)(1)–(11), increased compensation in subsec. (a) from $54 to $58, subsec. (b) from $99 to $107, subsec. (c) from $150 to $162, subsec. (d) from $206 to $232, subsec. (e) from $291 to $328, subsec. (f) from $367 to $413, subsec. (g) from $434 to $521, subsec. (h) from $503 to $604, subsec. (i) from $566 to $679, subsec. (j) from $1,016 to $1,130, and subsec. (k) from $1,262 to $1,403 and from $1,768 to $1,966.

Subsec. (l). Pub. L. 97–66, §§101(a)(12), 104(1), substituted "loss of use of both feet" for "loss of use of both hands, or both feet" and "$1,403" for "$1,262".

Subsec. (m). Pub. L. 97–66, §§101(a)(13), 104(2), substituted "both hands, or of both legs at a level, or with complications, preventing natural knee action with prostheses in place, or of one arm and one leg at levels, or with complications, preventing natural elbow and knee action with prostheses" for "two extremities at a level, or with complications, preventing natural elbow or knee action with prosthesis" and "$1,547" for "$1,391".

Subsec. (n). Pub. L. 97–66, §§101(a)(14), 104(3), substituted "or loss of use of both arms at levels, or with complications, preventing natural elbow action with prostheses in place, has suffered the anatomical loss of both legs so near the hip as to prevent the use of prosthetic appliances, or has suffered the anatomical loss of one arm and one leg so near the shoulder and hip as to prevent the use of prosthetic appliances," for "of two extremities so near the shoulder or hip as to prevent the use of a prosthetic appliance" and "$1,758" for "$1,581".

Subsec. (o). Pub. L. 97–66, §§101(a)(15), 104(4), substituted "visual acuity or less, or if the veteran has suffered the anatomical loss of both arms so near the shoulder as to prevent the use of prosthetic appliances, the monthly compensation shall be $1,966" for "visual acuity or less, the monthly compensation shall be $1,768".

Subsec. (p). Pub. L. 97–66, §101(a)(15), substituted "$1,966" for "$1,768" in three places.

Subsec. (r). Pub. L. 97–66, §101(a)(16), substituted "$844" for "$759" in cl. (1) and "$1,257" for "$1,130" in cl. (2).

Subsec. (s). Pub. L. 97–66, §101(a)(17), increased compensation from $1,137 to $1,264.

Subsec. (t)(1). Pub. L. 97–66, §101(a)(18), increased compensation from $219 to $244.

1980—Subsecs. (a) to (o). Pub. L. 96–385, §101(a)(1)–(15), increased compensation in subsec. (a) from $48 to $54, subsec. (b) from $88 to $99, subsec. (c) from $133 to $150, subsec. (d) from $182 to $206, subsec. (e) from $255 to $291, subsec. (f) from $321 to $367, subsec. (g) from $380 to $434, subsec. (h) from $440 to $503, subsec. (i) from $495 to $566, subsec. (j) from $889 to $1,016, subsec. (k) from $1,104 and $1,547 to $1,262 and $1,768, subsec. (l) from $1,104 to $1,262, subsec. (m) from $1,217 to $1,391, subsec. (n) from $1,383 to $1,581, subsec. (o) from $1,547 to $1,768.

Subsec. (p). Pub. L. 96–385, §101(a)(15), substituted "$1,768" for "$1,547" in three places.

Subsec. (r). Pub. L. 96–385, §101(a)(16), substituted "$759" for "$664" in cl. (1) and "$1,130" for "$989" in cl. (2).

Subsec. (s). Pub. L. 96–385, §101(a)(17), increased compensation from $995 to $1,137.

Subsec. (t)(1). Pub. L. 96–385, §101(a)(18), increased compensation from $192 to $219.

1979—Subsecs. (a) to (o). Pub. L. 96–128, §101(a)(1)–(15), increased compensation in subsec. (a) from $44 to $48, subsec. (b) from $80 to $88, subsec. (c) from $121 to $133, subsec. (d) from $166 to $182, subsec. (e) from $232 to $255, subsec. (f) from $292 to $321, subsec. (g) from $346 to $380, subsec. (h) from $400 to $440, subsec. (i) from $450 to $495, subsec. (j) from $809 to $889, subsec. (k) from $56 to $62, from $1,005 to $1,104, and from $1,408 to $1,547, subsec. (l) from $1,005 to $1,104, subsec. (m) from $1,107 to $1,217, subsec. (n) from $1,258 to $1,383, and subsec. (o) from $1,408 to $1,547.

Subsec. (p). Pub. L. 96–128, §§101(a)(15), 105, inserted provisions respecting the establishment of any intermediate rate, and substituted "$1,547" for "$1,408" wherever appearing.

Subsec. (r). Pub. L. 96–128, §§101(a)(16), 104, inserted provisions relating to intermediate rates and struck out reference to subsections (o) or (p) of this section in introductory text, substituted "$664" for "$604" in cl. (1), and substituted "$989" for "$900" in cl. (2).

Subsec. (s). Pub. L. 96–128, §101(a)(17), increased compensation from $905 to $995.

Subsec. (t)(1). Pub. L. 96–128, §101(a)(18), increased compensation from $175 to $192.

1978—Subsecs. (a) to (o). Pub. L. 95–479, §101(a)(1)–(15), increased compensation in subsec. (a) from $41 to $44, subsec. (b) from $75 to $80, in subsec. (c) from $113 to $121, in subsec. (d) from $155 to $166, in subsec. (e) from $216 to $232, in subsec. (f) from $272 to $292, in subsec. (g) from $322 to $346, in subsec. (h) from $373 to $400, in subsec. (i) from $419 to $450, in subsec. (j) from $754 to $809, in subsec. (k) from $937 and $1,312 to $1,005 and $1,408, respectively, in subsec. (l) from $937 to $1,005, in subsec. (m) from $1,032 to $1,107, in subsec. (n) from $1,172 to $1,258, and in subsec. (o) from $1,312 to $1,408.

Subsec. (p). Pub. L. 95–479, §101(a)(15), (b), substituted "$1,408" for "$1,312" in two places, and inserted provision allowing next higher rate or intermediate rate but in no event in excess of $1,408 in event veteran has suffered anatomical loss or loss of use, or a combination thereof, of three extremities.

Subsec. (r). Pub. L. 95–479, §101(c), raised the monthly aid and attendance allowance from $563 to $604, and inserted provisions relating to need of higher level of care.

Subsec. (s). Pub. L. 95–479, §101(a)(16), substituted "$905" for "$843".

Subsec. (t). Pub. L. 95–479, §101(d), added subsec. (t).

1977—Subsecs. (a) to (p), (r), (s). Pub. L. 95–117 increased compensation in subsec. (a) from $38 to $41, subsec. (b) from $70 to $75, subsec. (c) from $106 to $113, subsec. (d) from $145 to $155, subsec. (e) from $203 to $216, subsec. (f) from $255 to $272, subsec. (g) from $302 to $322, subsec. (h) from $350 to $373, subsec. (i) from $393 to $419, subsec. (j) from $707 to $754, subsec. (k) from $879 and $1,231 to $937 and $1,312, respectively, subsec. (l) from $879 to $937, subsec. (m) from $968 to $1,032, subsec. (n) from $1,099 to $1,172, subsec. (o) from $1,231 to $1,312, subsec. (p) from $1,231 to $1,312, subsec. (r) from $528 to $563, and subsec. (s) from $791 to $843.

1976—Subsecs. (a) to (l). Pub. L. 94–433, §101(a)(1)–(12), increased compensation in subsec. (a) from $35 to $38, subsec. (b) from $65 to $70, subsec. (c) from $98 to $106, subsec. (d) from $134 to $145, subsec. (e) from $188 to $203, subsec. (f) from $236 to $255, subsec. (g) from $280 to $302, subsec. (h) from $324 to $350, subsec. (i) from $364 to $393, subsec. (j) from $655 to $707, subsec. (k) from $52, $814, and $1,139 to $56, $879, and $1,231, respectively, and subsec. (l) from $814 to $879.

Subsec. (m). Pub. L. 94–433, §101(a)(13), 404(6), increased compensation from $896 to $968 and substituted "such veteran" for "him", respectively.

Subsec. (n). Pub. L. 94–433, §101(a)(14), increased compensation from $1,018 to $1,099.

Subsec. (o). Pub. L. 94–433, §§101(a)(15), 401(4), 404(6), increased compensation from $1,139 to $1,231, struck out "in combination with total blindness with 5/200 visual acuity or less," before "the monthly compensation", and substituted "such veteran" for "him", respectively.

Subsec. (p). Pub. L. 94–433, §§101(a)(15), 404(7), increased compensation from $1,139 to $1,231 and struck out ", in his discretion," before "may allow", respectively.

Subsec. (r). Pub. L. 94–433, §§101(a)(16), 401(5), 404(8), increased compensation from $489 to $528 and substituted reference to section "3203(e)" for "3203(f)" of this title and "such veteran" for "he", respectively.

Subsec. (s). Pub. L. 94–433, §§101(a)(17), 404(8), increased compensation from $732 to $791 and substituted "such veteran's" for "his" after "by reason of" and before "house", respectively.

1975—Subsecs. (a) to (p), (r), (s). Pub. L. 94–71 increased compensation in subsec. (a) from $32 to $35, subsec. (b) from $59 to $65, subsec. (c) from $89 to $98, subsec. (d) from $122 to $134, subsec. (e) from $171 to $188, subsec. (f) from $211 to $236, subsec. (g) from $250 to $280, subsec. (h) from $289 to $324, subsec. (i) from $325 to $364, subsec. (j) from $584 to $655, subsec. (k) from $727 and $1,017 to $814 and $1,139, respectively, subsec. (l) from $727 to $814, subsec. (m) from $800 to $896, subsec. (n) from $909 to $1,018, subsec. (o) from $1,017 to $1,139, subsec. (p) from $1,017 to $1,139, subsec. (r) from $437 to $489, and subsec. (s) from $654 to $732.

1974—Subsecs. (a) to (p), (r), (s). Pub. L. 93–295 increased compensation in subsec. (a) from $28 to $32, subsec. (b) from $51 to $59, subsec. (c) from $77 to $89, subsec. (d) from $106 to $122, subsec. (e) from $149 to $171, subsec. (f) from $179 to $211, subsec. (g) from $212 to $250, subsec. (h) from $245 to $289, subsec. (i) from $275 to $325, subsec. (j) from $495 to $584, subsec. (k) from $47, $616 and $862 to $52, $727 and $1,017, respectively, subsec. (l) from $616 to $727, subsec. (m) from $678 to $800, subsec. (n) from $770 to $909, subsec. (o) from $862 to $1,017, subsec. (p) from $862 to $1,017, subsec. (r) from $370 to $437, and subsec. (s) from $554 to $654.

1972—Subsecs. (a) to (p), (r), (s). Pub. L. 92–328 increased compensation in subsec. (a) from $25 to $28, subsec. (b) from $46 to $51, subsec. (c) from $70 to $77, subsec. (d) from $96 to $106, subsec. (e) from $135 to $149, subsec. (f) from $163 to $179, subsec. (g) from $193 to $212, subsec. (h) from $223 to $245, subsec. (i) from $250 to $275, subsec. (j) from $450 to $495, subsec. (k) from $560 to $616 and $784 to $862, respectively, subsec. (l) from $560 to $616, subsec. (m) from $616 to $678, subsec. (n) from $700 to $770, subsec. (o) from $784 to $862, subsec. (p) from $784 to $862, subsec. (r) from $336 to $370, and subsec. (s) from $504 to $554.

1970—Subsecs. (a) to (p), (r), (s). Pub. L. 91–376 increased compensation in subsec. (a) from $23 to $25, subsec. (b) from $43 to $46, subsec. (c) from $65 to $70, subsec. (d) from $89 to $96, subsec. (e) from $122 to $135, subsec. (f) from $147 to $163, subsec. (g) from $174 to $193, subsec. (h) from $201 to $223, subsec. (i) from $226 to $250, subsec. (j) from $400 to $450, subsec. (k) from $500 and $700 to $560 and $784, respectively, subsec. (l) from $500 to $560, subsec. (m) from $550 to $616, subsec. (n) from $625 to $700, subsec. (o) from $700 to $784, subsec. (p) from $700 to $784, subsec. (r) from $300 to $336, and subsec. (s) from $450 to $504.

1968—Subsecs. (a) to (p). Pub. L. 90–493, §1(a)(1)–(14), (17), increased compensation in subsec. (a) from $21 to $23, subsec. (b) from $40 to $43, subsec. (c) from $60 to $65, subsec. (d) from $82 to $89, subsec. (e) from $113 to $122, subsec. (f) from $136 to $147, subsec. (g) from $161 to $174, subsec. (h) from $186 to $201, subsec. (i) from $209 to $226, subsec. (j) from $300 to $400, subsec. (k) from $600 and $400 to $700 and $500, respectively, subsec. (l) from $400 to $500, subsec. (m) from $450 to $550, subsec. (n) from $525 to $625, subsec. (o) from $600 to $700, and subsec. (p) from $600 to $700.

Subsec. (q). Pub. L. 90–493, §4(a), struck out provision that if the veteran is shown to have had a service-connected disability resulting from an active tuberculous disease, the monthly compensation shall be not less than $67, provided that, in the judgment of the Administrator, the disease has reached a condition of complete arrest.

Subsecs. (r), (s). Pub. L. 90–493, §1(a)(15), (16), increased compensation in subsec. (r) from $250 to $300, and in subsec. (s) from $350 to $450.

1967—Subsec. (k). Pub. L. 90–77 substituted "one or more creative organs" for "a creative organ" and "in the event the veteran has suffered one or more of the disabilities heretofore specified in this subsection" for "in the event of anatomical loss or loss of use of a creative organ, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, or has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction" and inserted following "$47 per month" where initially appearing "for each such loss or loss of use", reference to subsec. (s) of this section and limitation of compensation to $400 per month.

1965—Subsecs. (a) to (m). Pub. L. 89–311, §1(a)(1)–(14), increased compensation in subsec. (a) from $20 to $21, subsec. (b) from $38 to $40, subsec. (c) from $58 to $60, subsec. (d) from $77 to $82, subsec. (e) from $107 to $113, subsec. (f) from $128 to $136, subsec. (g) from $149 to $161, subsec. (h) from $170 to $186, subsec. (i) from $191 to $209, subsec. (j) from $250 to $300, subsec. (k) from $525 to $600, subsec. (l) from $340 to $400, subsec. (m) from $390 to $450, and subsec. (n) from $440 to $525.

Subsec. (o). Pub. L. 89–311, §§1(a)(11), 3(d), increased compensation from $525 to $600 and relaxed requirement of total deafness by requiring only bilateral deafness (if the hearing impairment in either one or both ears is service connected) rated at 60 per centum or more disabling.

Subsec. (p). Pub. L. 89–311, §3(e), increased from $525 to $600 the allowable maximum rates when service-connected disabilities exceed the requirements for any of the prescribed rates and inserted specific reference to an increase to the next higher rate in the case of service-connected blindness and bilateral deafness and an increase to the next intermediate rate in the case of service-connected total deafness in one ear.

Subsec. (r). Pub. L. 89–311, §1(a)(15), substituted "$250" for "$200".

Subsec. (s). Pub. L. 89–311, §1(a)(16), substituted "$350" for "$290".

1963—Subsec. (k). Pub. L. 88–22 provided increased compensation for veterans suffering complete organic aphonia with constant inability to communicate by speech.

Pub. L. 88–20 provided increased compensation for veterans suffering deafness of both ears, having absence of air and bone conduction.

1962—Subsecs. (a) to (p). Pub. L. 87–645, §1(a)(1)–(14), increased monthly compensation in subsec. (a) from $19 to $20, subsec. (b) from $36 to $38, subsec. (c) from $55 to $58, subsec. (d) from $73 to $77, subsec. (e) from $100 to $107, subsec. (f) from $120 to $128, subsec. (g) from $140 to $149, subsec. (h) from $160 to $170, subsec. (i) from $179 to $191, subsec. (j) from $225 to $250, subsec. (k) from $450 to $525, subsec. (l) from $309 to $340, subsec. (m) from $359 to $390, subsec. (n) from $401 to $440, and subsec. (o) and (p) from $450 to $525.

Subsec. (r). Pub. L. 87–645, §§1(a)(15), 2(a), increased monthly compensation from $150 to $200, and substituted ", subject to the limitations of section 3203(f) of this title" for "for all periods during which he is not hospitalized at Government expense".

Subsec. (s). Pub. L. 87–645, §1(a)(16), increased monthly compensation from $265 to $290.

1960—Subsec. (s). Pub. L. 86–663 added subsec. (s).

1958—Subsec. (r). Pub. L. 85–782 added subsec. (r).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–275, title VI, §601(c), Oct. 13, 2010, 124 Stat. 2884, provided that: "The amendments made by this section [amending this section and section 5503 of this title] shall take effect on October 1, 2011."

Effective Date of 2009 Amendment

Pub. L. 111–37, §3(g), June 30, 2009, 123 Stat. 1931, provided that: "The amendments made by this section [amending this section and sections 1115, 1162, 1311, and 1313 to 1315 of this title] shall take effect on December 1, 2008."

Effective Date of 2008 Amendment

Pub. L. 110–324, §3(f), Sept. 24, 2008, 122 Stat. 3552, provided that: "The amendments made by this section [amending this section and sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take effect on December 1, 2007."

Effective Date of 2005 Amendment

Pub. L. 109–111, §2(f), Nov. 22, 2005, 119 Stat. 2364, provided that: "The amendments made by this section [amending this section and sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take effect on December 1, 2005."

Effective Date of 2001 Amendment

Pub. L. 107–94, §7, Dec. 21, 2001, 115 Stat. 902, provided that: "The amendments made by this Act [amending this section and sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take effect on December 1, 2001."

Effective Date of 1999 Amendment

Pub. L. 106–118, §7, Nov. 30, 1999, 113 Stat. 1603, provided that: "The amendments made by this Act [amending this section and sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take effect on December 1, 1999."

Effective Date of 1997 Amendment

Pub. L. 105–98, §7, Nov. 19, 1997, 111 Stat. 2158, provided that: "The amendments made by this Act [amending this section and sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take effect on December 1, 1997."

Effective Date of 1993 Amendment

Pub. L. 103–140, §7, Nov. 11, 1993, 107 Stat. 1487, provided that: "The amendments made by this Act [amending this section and sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take effect on December 1, 1993."

Effective Date of 1991 Amendment

Pub. L. 102–152, §7, Nov. 12, 1991, 105 Stat. 988, provided that: "The amendments made by this Act [amending this section and sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take effect on December 1, 1991."

Pub. L. 102–3, §7, Feb. 6, 1991, 105 Stat. 10, provided that: "Section 2(b) [set out as a note below] and the amendments made by this Act [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title] shall take effect as of January 1, 1991."

Effective Date of 1989 Amendment

Pub. L. 101–237, title I, §106, Dec. 18, 1989, 103 Stat. 2064, provided that: "The amendments made by this part [part A (§§101–106) of title I of Pub. L. 101–237, amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title] shall take effect on December 1, 1989."

Effective Date of 1988 Amendment

Pub. L. 100–687, div. B, title XI, §1106, Nov. 18, 1988, 102 Stat. 4125, provided that: "The amendments made by this title [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title, and enacting provisions set out as a note below] shall take effect on December 1, 1988."

Effective Date of 1987 Amendment

Pub. L. 100–227, title I, §107, Dec. 31, 1987, 101 Stat. 1555, provided that: "The amendments made by this title [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title and enacting provisions set out as notes under this section and section 101 of this title] shall take effect as of December 1, 1987."

Effective Date of 1986 Amendment

Pub. L. 99–576, title I, §107, Oct. 28, 1986, 100 Stat. 3252, provided that: "The amendments made by sections 101 through 106 [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title] shall take effect on December 1, 1986, except that such amendments shall not take effect unless benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 1986, as a result of a determination under section 215(i) of such Act (42 U.S.C 415(i))."

Amendment by section 109(b) of Pub. L. 99–576 effective Oct. 28, 1986, see section 109(c)(1) of Pub. L. 99–576, set out as a note under section 1160 of this title.

Pub. L. 99–238, title I, §107, Jan. 13, 1986, 99 Stat. 1767, provided that: "The amendments made by this title [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title and enacting provisions set out as a note under this section] shall take effect as of December 1, 1985."

Effective Date of 1984 Amendment

Pub. L. 98–543, title I, §107, Oct. 24, 1984, 98 Stat. 2737, provided that: "Sections 101 through 106 [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title and enacting provisions set out as a note under this section] shall take effect on December 1, 1984."

Pub. L. 98–223, title I, §107, Mar. 2, 1984, 98 Stat. 39, provided that: "The amendments made by this part [part A (§§101–108) of title I of Pub. L. 98–223, see Tables for classification] shall take effect on April 1, 1984."

Amendment by section 112 of Pub. L. 98–223 effective Oct. 1, 1983, see section 114 of Pub. L. 98–223, set out as a note under section 1112 of this title.

Effective Date of 1982 Amendment

Pub. L. 97–306, title I, §108, Oct. 14, 1982, 96 Stat. 1432, provided that: "The amendments made by this part [part A (§§101–108) of title I of Pub. L. 97–306, see Tables for classification] shall take effect on October 1, 1982."

Pub. L. 97–306, title I, §111(c), Oct. 14, 1982, 96 Stat. 1432, provided that: "The amendments made by subsections (a) and (b) [amending this section] shall take effect on October 1, 1982."

Pub. L. 97–253, title IV, §404(c), Sept. 8, 1982, 96 Stat. 803, provided that: "The amendments made by this section [amending this section and section 315 [now 1115] of this title] shall take effect on October 1, 1982."

Effective Date of 1981 Amendment

Pub L. 97–66, title VII, §701, Oct. 17, 1981, 95 Stat. 1037, provided that:

"(a) The amendments made by titles I, II, and III [see Tables for classification] shall take effect as of October 1, 1981.

"(b)(1) Except as otherwise provided in this subsection, the amendments made by titles IV, V, and VI [see Tables for classification] shall take effect on the date of the enactment of this Act [Oct. 17, 1981].

"(2) The amendments made by section 401 [amending sections 767 and 777 [now 1967 and 1977] of this title] shall take effect on December 1, 1981.

"(3) The amendments made by section 504 [amending section 1826 [now 3726] of this title] shall take effect as of October 17, 1980.

"(4) The amendments made by section 601(b)(1) [amending section 5010 [now 8110] of this title] shall take effect as of October 1, 1981.

"(5) The amendments made by section 602 [amending section 3203 [now 5503] of this title] shall take effect on the date of the enactment of this Act [Oct. 17, 1981] and shall apply with respect to veterans admitted to a Veterans' Administration hospital or nursing home on or after such date.

"(6) The amendments made by section 603 [amending sections 906 and 1003 [now 2306 and 2403] of this title] shall apply with respect to veterans dying before, on, or after the date of the enactment of this Act [Oct. 17, 1981]."

Effective Date of 1980 Amendment

Pub. L. 96–385, title VI, §601, Oct. 7, 1980, 94 Stat. 1538, provided that:

"(a) The amendments made by titles I and II [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title] shall apply only to payments for months beginning after September 30, 1980.

"(b) The amendments made by title III [amending sections 801, 802, 804, and 805 [now 2101, 2102, 2104, and 2105] of this title] and by sections 402, 501, 503 [amending sections 230, 1810 [now 3710], 1811 [now 3711], 1819 [now 3712], 3104 [now 5304], and 3203 [now 5503] of this title], and 506 [amending section 121 of former Title 36, Patriotic Societies and Observances] shall take effect on October 1, 1980.

"(c) The amendments made by section 502 [amending section 906 [now 2306] of this title] shall apply only with respect to individuals who die after September 30, 1980.

"(d) The amendments made by sections 401, 504, 505 [enacting sections 1810, 1819, 3113, and 3305 [now 3710, 3712, 5313, and 5705] of this title and amending sections 1803 and 1811 [now 3703 and 3711] of this title] and 507 [not classified to the Code] shall take effect on the date of the enactment of this Act [Oct. 7, 1980].

"(e) The amendments made by section 508 [amending former sections 4107 and 4109 of this title] shall take effect as of August 26, 1980."

Effective Date of 1979 Amendment

Pub. L. 96–128, title VI, §601, Nov. 28, 1979, 93 Stat. 987, as amended by Pub. L. 96–151, title III, §306(a), Dec. 20, 1979, 93 Stat. 1097, provided that:

"(a)(1) Except as provided in paragraph (2) of this subsection, the amendments made by titles I and II [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title] and the provisions of section 101(b) [set out as a note below] shall take effect as of October 1, 1979.

"(2) With respect to the amendment made by clause (11) of section 101(a), that portion of the amendment amending subsection (k) of section 314 [now 1114] to increase certain monthly rates of compensation [substituting "$62" for "$56" in two places] shall take effect as of September 1, 1980, and that portion of the amendment amending such subsection to increase certain maximum monthly amounts of compensation [substituting "$1,104" for "$1,005" and "$1,547" for "$1,408"] shall take effect as of October 1, 1979.

"(b) The amendments made by titles III, IV, and V [see Tables for classification] shall take effect on the date of the enactment of this Act [Nov. 28, 1979]."

[Pub. L. 96–151, title III, §306(b), Dec. 20, 1979, 93 Stat. 1097, provided that the amendment made to section 601(a)(2) of Pub. L. 96–128 [substituting "clause (11)" for "clause (1)"], set out as a note above, shall take effect as of Nov. 28, 1979.]

Effective Date of 1978 Amendment

Pub. L. 95–479, title IV, §401, Oct. 18, 1978, 92 Stat. 1566, provided that:

"(a) Except as provided in subsection (b), the amendments made by this Act [see Tables for classification] shall take effect on October 1, 1978.

"(b) The amendment made by section 302 [amending section 562 [now 1562] of this title] shall take effect on January 1, 1979."

Effective Date of 1977 Amendment

Pub. L. 95–117, title V, §501, Oct. 3, 1977, 91 Stat. 1066, provided that: "Except as otherwise provided in this Act, the amendments made by this Act to title 38, United States Code [see Tables for classification], shall become effective on October 1, 1977."

Effective Date of 1976 Amendment

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

Effective Date of 1975 Amendment

Pub. L. 94–71, title III, §301, Aug. 5, 1975, 89 Stat. 398, provided that: "The provisions of this Act [see Tables for classification] shall become effective August 1, 1975."

Effective Date of 1974 Amendment

Pub. L. 93–295, title IV, §401, May 31, 1974, 88 Stat. 184, provided that: "The provisions of this Act [see Tables for classification] shall become effective on May 1, 1974, except that title III [amending sections 1701 and 3202 [now 3501 and 5502] of this title] shall become effective on the first day of the second calendar month following enactment [May 31, 1974]."

Effective Date of 1972 Amendment

Pub. L. 92–328, title III, §301(a), June 30, 1972, 86 Stat. 398, provided that: "Sections 101 through 107 of this Act [see Tables for classification] shall take effect on the first day of the second calendar month which begins after the date of enactment [June 30, 1972]."

Effective Date of 1970 Amendment

Pub. L. 91–376, §9, Aug. 12, 1970, 84 Stat. 790, provided that: "The first two sections of this Act [amending this section and section 315 [now 1115] of this title and enacting provision set out as a note under this section] take effect July 1, 1970. Sections 4, 5, 6, and 7 [amending sections 103, 3010 [now 5110], and 3104 [now 5304] of this title, and enacting provision set out as a note under section 103 of this title] take effect January 1, 1971."

Effective Date of 1968 Amendment

Pub. L. 90–493, §2, Aug. 19, 1968, 82 Stat. 809, provided that: "The compensation payable pursuant to the amendments made by this Act [amending this section] shall be payable beginning with the first day of January 1969."

Pub. L. 90–493, §4(b), Aug. 19, 1968, 82 Stat. 809, provided that: "The repeals made by subsection (a) of this section [repealing subsec. (q) of this section and section 356 of this title] shall not apply in the case of any veteran who, on the date of enactment of this Act [Aug. 19, 1968], was receiving or entitled to receive compensation for tuberculosis which in the judgment of the Administrator had reached a condition of complete arrest."

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.

Effective Date of 1965 Amendment

Pub. L. 89–311, §9, Oct. 31, 1965, 79 Stat. 1157, provided that: "The amendments made by the first section and sections 2, 3, and 4 of this Act [amending this section and sections 101, 315 [now 1115], 360 [now 1160], 414 [now 1314], and 560 [now 1560] of this title and enacting provisions set out as a note under this section] shall take effect on the first day of the second calendar month following the date of enactment of this Act [Oct. 31, 1965]."

Effective Date of 1963 Amendment

Pub. L. 88–22, §2, May 15, 1963, 77 Stat. 18, provided that: "The amendments made by this Act [amending this section] shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act [May 15, 1963]."

Pub. L. 88–20, §2, May 15, 1963, 77 Stat. 17, provided that: "The amendments made by this Act [amending this section] shall take effect on the first day of the second month which begins after the date of its enactment [May 15, 1963]."

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–645 effective first day of first calendar month which begins after Sept. 7, 1962, see section 4 of Pub. L. 87–645, set out as a note under section 1112 of this title.

Effective Date of 1960 Amendment

Pub. L. 86–663, §2, July 14, 1960, 74 Stat. 528, provided that: "This Act [amending this section] shall be effective on and after the first day of the second calendar month following the date of its enactment [July 14, 1960]."

Effective Date of 1958 Amendment

Pub. L. 85–782, §2, Aug. 27, 1958, 72 Stat. 936, provided that the amendment made by that section is effective Jan. 1, 1959.

Repeal of Temporary Changes in Fiscal Year 1983 Compensation

Pub. L. 97–253, title IV, §405, Sept. 8, 1982, 96 Stat. 803, [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title and enacting provisions set out as notes under this section] was repealed by Pub. L. 97–306, title I, §107, Oct. 14, 1982, 96 Stat. 1431. Section 405 of Pub. L. 97–253 had amended those sections relating to compensation to be effective Jan. 1, 1983, in contemplation of the later enactment of a law providing for cost-of-living increases for fiscal year 1983, with the intent that the increases provided for under section 405 of Pub. L. 97–253 be superseded by increases provided for in the later law. Pub. L. 97–306 provided for the anticipated increases and repealed section 405 of Pub. L. 97–253.

Disability Compensation and Dependency and Indemnity Compensation Rate Increases

Pub. L. 118–130, §§2(a)–(c), 3, Nov. 25, 2024, 138 Stat. 1639, 1640, provided that:

"SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION.

"(a) Rate Adjustment.—Effective on December 1, 2024, the Secretary of Veterans Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect on November 30, 2024, for the payment of disability compensation and dependency and indemnity compensation under the provisions specified in subsection (b).

"(b) Amounts To Be Increased.—The dollar amounts to be increased pursuant to subsection (a) are the following:

"(1) Wartime disability compensation.—Each of the dollar amounts under section 1114 of title 38, United States Code.

"(2) Additional compensation for dependents.—Each of the dollar amounts under section 1115(1) of such title.

"(3) Clothing allowance.—The dollar amount under section 1162 of such title.

"(4) Dependency and indemnity compensation to surviving spouse.—Each of the dollar amounts under subsections (a) through (d) of section 1311 of such title.

"(5) Dependency and indemnity compensation to children.—Each of the dollar amounts under sections 1313(a) and 1314 of such title.

"(c) Determination of Increase.—Each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2024, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)).

"SEC. 3. PUBLICATION OF ADJUSTED RATES.

"The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in section 2(b), as increased under that section, not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2025."

Similar provisions were contained in the following acts:

Pub. L. 118–6, §§2(a)–(c), 3, June 14, 2023, 137 Stat. 50, 51.

Pub. L. 117–191, §§2(a)–(c), 3, Oct. 10, 2022, 136 Stat. 2207, 2208.

Pub. L. 117–45, §§2(a)–(c), 3, Oct. 8, 2021, 135 Stat. 389, 390.

Pub. L. 116–178, §§2(a)–(c), 3, Oct. 20, 2020, 134 Stat. 853, 854.

Pub. L. 116–58, §§2(a)–(c), 3, Sept. 26, 2019, 133 Stat. 1091, 1092.

Pub. L. 115–258, §§2(a)–(c), 3, Oct. 9, 2018, 132 Stat. 3662, 3663.

Pub. L. 115–75, §§2(a)–(c), 3, Nov. 2, 2017, 131 Stat. 1244, 1245.

Pub. L. 114–197, §§2(a)–(c), 3, July 22, 2016, 130 Stat. 693, 694.

Pub. L. 113–181, §2(a)–(c), (e), Sept. 26, 2014, 128 Stat. 1916, 1917.

Pub. L. 113–52, §2(a)–(c), (e), Nov. 21, 2013, 127 Stat. 582, 583.

Pub. L. 112–198, §§2(a)–(c), 3, Nov. 27, 2012, 126 Stat. 1463, 1464.

Pub. L. 112–53, §2(a)–(c), (e), Nov. 9, 2011, 125 Stat. 548, 549.

Pub. L. 111–247, §§2(a)–(c), 3, Sept. 30, 2010, 124 Stat. 2623, 2624.

Pub. L. 111–37, §2(a)–(c), (e), June 30, 2009, 123 Stat. 1927, 1928.

Pub. L. 110–324, §2(a)–(c), (e), Sept. 24, 2008, 122 Stat. 3549, 3550.

Pub. L. 110–111, §§2(a)–(c), 3, Nov. 5, 2007, 121 Stat. 1035, 1036.

Pub. L. 109–361, §§2(a)–(c), 3, Oct. 16, 2006, 120 Stat. 2062, 2063.

Pub. L. 108–363, §§2(a)–(c), 3, Oct. 25, 2004, 118 Stat. 1705, 1706.

Pub. L. 108–147, §§2(a)–(c), 3, Dec. 3, 2003, 117 Stat. 1885, 1886.

Pub. L. 107–247, §§2(a)–(c), 3, Oct. 23, 2002, 116 Stat. 1517, 1518.

Pub. L. 106–413, §§2(a)–(c), 3, Nov. 1, 2000, 114 Stat. 1798, 1799.

Pub. L. 105–368, title XI, §§1101(a)–(c), 1102, Nov. 11, 1998, 112 Stat. 3366, 3367.

Pub. L. 104–263, §2(a), (c), Oct. 9, 1996, 110 Stat. 3212.

Pub. L. 104–57, §§2(a)–(c), 3, Nov. 22, 1995, 109 Stat. 555, 556.

Pub. L. 103–418, §§2(a)–(c), 3, Oct. 25, 1994, 108 Stat. 4336, 4337.

Pub. L. 102–510, §2(a), (c), Oct. 24, 1992, 106 Stat. 3318, 3319.

Administrative Adjustment of Disability Rates of Certain Persons Not Covered by This Chapter

Pub. L. 118–130, §2(d), Nov. 25, 2024, 138 Stat. 1639, provided that: "The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a) [set out as a note above], the rates of disability compensation payable to persons under section 10 of Public Law 85–857 (72 Stat. 1263) [set out as a note preceding section 101 of this title] who have not received compensation under chapter 11 of title 38, United States Code."

Similar provisions were contained in the following acts:

Pub. L. 118–6, §2(d), June 14, 2023, 137 Stat. 50.

Pub. L. 117–191, §2(d), Oct. 10, 2022, 136 Stat. 2207.

Pub. L. 117–45, §2(d), Oct. 8, 2021, 135 Stat. 389.

Pub. L. 116–178, §2(d), Oct. 20, 2020, 134 Stat. 853.

Pub. L. 116–58, §2(d), Sept. 26, 2019, 133 Stat. 1091.

Pub. L. 115–258, §2(d), Oct. 9, 2018, 132 Stat. 3662.

Pub. L. 115–75, §2(d), Nov. 2, 2017, 131 Stat. 1244.

Pub. L. 114–197, §2(d), July 22, 2016, 130 Stat. 693.

Pub. L. 113–181, §2(d), Sept. 26, 2014, 128 Stat. 1916.

Pub. L. 113–52, §2(d), Nov. 21, 2013, 127 Stat. 582.

Pub. L. 112–198, §2(d), Nov. 27, 2012, 126 Stat. 1464.

Pub. L. 112–53, §2(d), Nov. 9, 2011, 125 Stat. 549.

Pub. L. 111–247, §2(d), Sept. 30, 2010, 124 Stat. 2624.

Pub. L. 111–37, §2(d), June 30, 2009, 123 Stat. 1928.

Pub. L. 110–324, §2(d), Sept. 24, 2008, 122 Stat. 3550.

Pub. L. 110–111, §2(d), Nov. 5, 2007, 121 Stat. 1036.

Pub. L. 109–361, §2(d), Oct. 16, 2006, 120 Stat. 2063.

Pub. L. 109–111, §2(g), Nov. 22, 2005, 119 Stat. 2364.

Pub. L. 108–363, §2(d), Oct. 25, 2004, 118 Stat. 1706.

Pub. L. 108–147, §2(d), Dec. 3, 2003, 117 Stat. 1886.

Pub. L. 107–247, §2(d), Oct. 23, 2002, 116 Stat. 1518.

Pub. L. 107–94, §2(b), Dec. 21, 2001, 115 Stat. 901.

Pub. L. 106–413, §2(d), Nov. 1, 2000, 114 Stat. 1799.

Pub. L. 106–118, §2(b), Nov. 30, 1999, 113 Stat. 1602.

Pub. L. 105–368, title XI, §1101(d), Nov. 11, 1998, 112 Stat. 3366.

Pub. L. 105–98, §2(b), Nov. 19, 1997, 111 Stat. 2156.

Pub. L. 104–263, §2(b), Oct. 9, 1996, 110 Stat. 3212.

Pub. L. 104–57, §2(d), Nov. 22, 1995, 109 Stat. 556.

Pub. L. 103–418, §2(d), Oct. 25, 1994, 108 Stat. 4337.

Pub. L. 102–510, §2(b), Oct. 24, 1992, 106 Stat. 3318.

Pub. L. 102–152, §2(b), Nov. 12, 1991, 105 Stat. 986.

Pub. L. 102–3, §2(b), Feb. 6, 1991, 105 Stat. 8.

Pub. L. 101–237, title I, §101(b), Dec. 18, 1989, 103 Stat. 2063.

Pub. L. 100–687, div. B, title XI, §1101(b), Nov. 18, 1988, 102 Stat. 4123.

Pub. L. 100–227, title I, §101(b), Dec. 31, 1987, 101 Stat. 1553.

Pub. L. 99–576, title I, §101(b), Oct. 28, 1986, 100 Stat. 3251.

Pub. L. 99–238, title I, §101(b), Jan. 13, 1986, 99 Stat. 1766.

Pub. L. 98–543, title I, §101(b), Oct. 24, 1984, 98 Stat. 2736.

Pub. L. 98–223, title I, §101(b), Mar. 2, 1984, 98 Stat. 38.

Pub. L. 97–306, title I, §101(b), Oct. 14, 1982, 96 Stat. 1430.

Pub. L. 97–66, title I, §101(b), Oct. 17, 1981, 95 Stat. 1027.

Pub. L. 96–385, title I, §101(b), Oct. 7, 1980, 94 Stat. 1529.

Pub. L. 96–128, title I, §101(b), Nov. 28, 1979, 93 Stat. 983.

Pub. L. 95–479, title I, §101(e), Oct. 18, 1978, 92 Stat. 1562.

Pub. L. 95–117, title I, §101(b), Oct. 3, 1977, 91 Stat. 1063.

Pub. L. 94–433, title I, §101(b), Sept. 30, 1976, 90 Stat. 1374.

Pub. L. 94–71, title I, §101(b), Aug. 5, 1975, 89 Stat. 395.

Pub. L. 93–295, title I, §101(b), May 31, 1974, 88 Stat. 181.

Pub. L. 92–328, title I, §101(b), June 30, 1972, 86 Stat. 393.

Pub. L. 91–376, §1(b), Aug. 12, 1970, 84 Stat. 788.

Pub. L. 90–493, §1(b), Aug. 19, 1968, 82 Stat. 809.

Pub. L. 89–311, §1(b), Oct. 31, 1965, 79 Stat. 1154.

Pub. L. 87–645, §1(b), Sept. 7, 1962, 76 Stat. 441.
38 U.S.C. § 5701 (2024) — Title 38: VETERANS' BENEFITS / Chapter 57 / Subchapter I / Section 5701: Confidential nature of claims
Confidential nature of claims
Status: in_force

(a) All files, records, reports, and other papers and documents pertaining to any claim under any of the laws administered by the Secretary and the names and addresses of present or former members of the Armed Forces, and their dependents, in the possession of the Department shall be confidential and privileged, and no disclosure thereof shall be made except as provided in this section.

(b) The Secretary shall make disclosure of such files, records, reports, and other papers and documents as are described in subsection (a) of this section as follows:

(1) To a claimant or duly authorized agent or representative of a claimant as to matters concerning the claimant alone when, in the judgment of the Secretary, such disclosure would not be injurious to the physical or mental health of the claimant and to an independent medical expert or experts for an advisory opinion pursuant to section 5109 of this title.

(2) When required by process of a United States court to be produced in any suit or proceeding therein pending.

(3) When required by any department or other agency of the United States Government.

(4) In all proceedings in the nature of an inquest into the mental competency of a claimant.

(5) In any suit or other judicial proceeding when in the judgment of the Secretary such disclosure is deemed necessary and proper.

(6) In connection with any proceeding for the collection of an amount owed to the United States by virtue of a person's participation in any benefit program administered by the Secretary when in the judgment of the Secretary such disclosure is deemed necessary and proper.

(c)(1) The amount of any payment made by the Secretary to any person receiving benefits under a program administered by the Secretary shall be made known to any person who applies for such information.

(2) Any appraisal report or certificate of reasonable value submitted to or prepared by the Secretary in connection with any loan guaranteed, insured, or made under chapter 37 of this title shall be made available to any person who applies for such report or certificate.

(3) Subject to the approval of the President, the Secretary may publish at any time and in any manner any or all information of record pertaining to any claim filed with the Secretary if the Secretary determines that the public interest warrants or requires such publication.

(d) The Secretary as a matter of discretion may authorize an inspection of Department records by duly authorized representatives of recognized organizations.

(e) Except as otherwise specifically provided in this section with respect to certain information, the Secretary may release information, statistics, or reports to individuals or organizations when in the Secretary's judgment such release would serve a useful purpose.

(f) The Secretary may, pursuant to regulations the Secretary shall prescribe, release the name or address, or both, of any present or former member of the Armed Forces, or a dependent of a present or former member of the Armed Forces, (1) to any nonprofit organization if the release is directly connected with the conduct of programs and the utilization of benefits under this title, or (2) to any criminal or civil law enforcement governmental agency or instrumentality charged under applicable law with the protection of the public health or safety if a qualified representative of such agency or instrumentality has made a written request that such name or address be provided for a purpose authorized by law. Any organization or member thereof or other person who, knowing that the use of any name or address released by the Secretary pursuant to the preceding sentence is limited to the purpose specified in such sentence, willfully uses such name or address for a purpose other than those so specified, shall be guilty of a misdemeanor and be fined not more than $5,000 in the case of a first offense and not more than $20,000 in the case of any subsequent offense.

(g)(1) Subject to the provisions of this subsection, and under regulations which the Secretary shall prescribe, the Secretary may release the name or address, or both, of any person who is a present or former member of the Armed Forces, or who is a dependent of a present or former member of the Armed Forces, to a consumer reporting agency if the release of such information is necessary for a purpose described in paragraph (2) of this subsection.

(2) A release of information under paragraph (1) of this subsection concerning a person described in such paragraph may be made for the purpose of—

(A) locating such a person—

(i) who has been administratively determined to be indebted to the United States by virtue of the person's participation in a benefits program administered by the Secretary; or

(ii) if the Secretary has determined under such regulations that (I) it is necessary to locate such person in order to conduct a study pursuant to section 527 of this title or a study required by any other provision of law, and (II) all reasonable steps have been taken to assure that the release of such information to such reporting agency will not have an adverse effect on such person; or

(B) obtaining a consumer report in order to assess the ability of a person described in subparagraph (A)(i) of this paragraph to repay the indebtedness of such person to the United States, but the Secretary may release the name or address of such person for the purpose stated in this clause only if the Secretary determines under such regulations that such person has failed to respond appropriately to administrative efforts to collect such indebtedness.

(3) The Secretary may also release to a consumer reporting agency, for the purposes specified in subparagraph (A) or (B) of paragraph (2) of this subsection, such other information as the Secretary determines under such regulations is reasonably necessary to identify a person described in such paragraph, except that the Secretary may not release to a consumer reporting agency any information which indicates any indebtedness on the part of such person to the United States or any information which reflects adversely on such person. Before releasing any information under this paragraph, the Secretary shall, under such regulations, take reasonable steps to provide for the protection of the personal privacy of persons about whom information is proposed to be released under this paragraph.

(4)(A) If the Secretary determines, under regulations which the Secretary shall prescribe, that a person described in paragraph (1) of this subsection has failed to respond appropriately to reasonable administrative efforts to collect an indebtedness of such person described in paragraph (2)(A)(i) of this subsection, the Secretary may release information concerning the indebtedness, including the name and address of such person, to a consumer reporting agency for the purpose of making such information available for inclusion in consumer reports regarding such person and, if necessary, for the purpose of locating such person, if—

(i) the Secretary has (I) made reasonable efforts to notify such person of such person's right to dispute through prescribed administrative processes the existence or amount of such indebtedness and of such person's right to request a waiver of such indebtedness under section 5302 of this title, (II) afforded such person a reasonable opportunity to exercise such rights, and (III) made a determination with respect to any such dispute or request; and

(ii) thirty calendar days have elapsed after the day on which the Secretary has made a determination that reasonable efforts have been made to notify such person (I) that the Secretary intends to release such information for such purpose or purposes, and (II) that, upon the request of such person, the Secretary shall inform such person of whether such information has been so released and of the name and address of each consumer reporting agency to which such information was released by the Secretary and of the specific information so released.

(B) After release of any information under subparagraph (A) of this paragraph concerning the indebtedness of any person, the Secretary shall promptly notify—

(i) each consumer reporting agency to which such information has been released by the Secretary; and

(ii) each consumer reporting agency described in subsection (i)(3)(B)(i) of this section to which such information has been transmitted by the Secretary through a consumer reporting agency described in subsection (i)(3)(B)(ii)(I) of this section,

of any substantial change in the status or amount of such indebtedness and, upon the request of any such consumer reporting agency for verification of any or all information so released, promptly verify or correct, as appropriate, such information. The Secretary shall also, after the release of such information, inform such person, upon the request of such person, of the name and address of each consumer reporting agency described in clause (i) or (ii) of this subparagraph to which such information was released or transmitted by the Secretary and of the specific information so released or transmitted.

(h)(1) Under regulations which the Secretary shall prescribe, the Secretary may release the name or address, or both, of any person who is a present or former member of the Armed Forces, or who is a dependent of a present or former member of the Armed Forces (and other information relating to the identity of such person), to any person in a category of persons described in such regulations and specified in such regulations as a category of persons to whom such information may be released, if the release of such information is necessary for a purpose described in paragraph (2) of this subsection.

(2) A release of information under paragraph (1) of this subsection may be made for the purpose of—

(A) determining the creditworthiness, credit capacity, income, or financial resources of a person who has (i) applied for any benefit under chapter 37 of this title, or (ii) submitted an offer to the Secretary for the purchase of property acquired by the Secretary under section 3720(a)(5) of this title;

(B) verifying, either before or after the Secretary has approved a person's application for assistance in the form of a loan guaranty or loan insurance under chapter 37 of this title, information submitted by a lender to the Secretary regarding the creditworthiness, credit capacity, income, or financial resources of such person;

(C) offering for sale or other disposition by the Secretary, pursuant to section 3720 of this title, any loan or installment sale contract owned or held by the Secretary; or

(D) providing assistance to any applicant for benefits under chapter 37 of this title or administering such benefits if the Secretary promptly records the fact of such release in appropriate records pertaining to the person concerning whom such release was made.

(i)(1) No contract entered into for any of the purposes of subsection (g) or (h) of this section, and no action taken pursuant to any such contract or either such subsection, shall result in the application of section 552a of title 5 to any consumer reporting agency or any employee of a consumer reporting agency.

(2) The Secretary shall take reasonable steps to provide for the protection of the personal privacy of persons about whom information is disclosed under subsection (g) or (h) of this section.

(3) For the purposes of this subsection and of subsection (g) of this section—

(A) The term "consumer report" has the meaning provided such term in subsection (d) of section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a(d)).

(B) The term "consumer reporting agency" means—

(i) a consumer reporting agency as such term is defined in subsection (f) of section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)), or

(ii) any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of (I) obtaining credit or other information on consumers for the purpose of furnishing such information to consumer reporting agencies (as defined in clause (i) of this paragraph), or (II) serving as a marketing agent under arrangements enabling third parties to obtain such information from such reporting agencies.

(j) Except as provided in subsection (i)(1) of this section, any disclosure made pursuant to this section shall be made in accordance with the provisions of section 552a of title 5.

(k)(1)(A) Under regulations that the Secretary shall prescribe, the Secretary may disclose the name and address of any individual described in subparagraph (C) to an entity described in subparagraph (B) in order to facilitate the determination by such entity whether the individual is, or after death will be, a suitable organ, tissue, or eye donor if—

(i) the individual is near death (as determined by the Secretary) or is deceased; and

(ii) the disclosure is permitted under regulations promulgated pursuant to section 264 of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note).

(B) An entity described in this subparagraph is—

(i) an organ procurement organization, including eye and tissue banks; or

(ii) an entity that the Secretary has determined—

(I) is substantially similar in function, professionalism, and reliability to an organ procurement organization; and

(II) should be treated for purposes of this subsection in the same manner as an organ procurement organization.

(C) An individual described in this subparagraph is—

(i) a veteran; or

(ii) a dependent of veteran.

(2) In this subsection, the term "organ procurement organization" has the meaning given the term "qualified organ procurement organization" in section 371(b) of the Public Health Service Act (42 U.S.C. 273(b)).

(l)(1) Under regulations the Secretary shall prescribe, the Secretary shall disclose information about a covered individual to a State controlled substance monitoring program, including a program approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g–3), to the extent necessary to prevent misuse and diversion of prescription medicines.

(2) In this subsection, a "covered individual" is an individual who is dispensed medication prescribed by an employee of the Department or by a non-Department provider authorized to prescribe such medication by the Department.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1236, §3301; Pub. L. 87–671, §2, Sept. 19, 1962, 76 Stat. 557; Pub. L. 91–24, §11, June 11, 1969, 83 Stat. 34; Pub. L. 92–540, title IV, §412, Oct. 24, 1972, 86 Stat. 1093; Pub. L. 94–321, §1(a), June 29, 1976, 90 Stat. 713; Pub. L. 94–581, title II, §210(b), Oct. 21, 1976, 90 Stat. 2863; Pub. L. 96–466, title VI, §606, Oct. 17, 1980, 94 Stat. 2212; Pub. L. 101–94, title III, §302(a), Aug. 16, 1989, 103 Stat. 628; renumbered §5701 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §§2(c)(6), 4(a)(1), (2)(A)(xi), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 402–406; Pub. L. 107–14, §8(a)(13), June 5, 2001, 115 Stat. 35; Pub. L. 109–461, title II, §204(a), Dec. 22, 2006, 120 Stat. 3411; Pub. L. 112–74, div. H, title II, §230(a), Dec. 23, 2011, 125 Stat. 1159; Pub. L. 114–198, title IX, §914, July 22, 2016, 130 Stat. 765; Pub. L. 114–223, div. A, title II, §246, Sept. 29, 2016, 130 Stat. 884; Pub. L. 115–55, §2(u)(2), Aug. 23, 2017, 131 Stat. 1113; Pub. L. 115–86, §2, Nov. 21, 2017, 131 Stat. 1276.)

Editorial Notes

References in Text

Section 264 of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (k)(1)(A)(ii), is section 264 of title II of Pub. L. 104–191, Aug. 21, 1996, 110 Stat. 2033, which is set out as a note under section 1320d–2 of Title 42, The Public Health and Welfare.

Amendments

2017—Subsec. (b)(1). Pub. L. 115–55 struck out "or 7109" after "section 5109".

Subsec. (l). Pub. L. 115–86 designated existing provisions as par. (1), substituted "about a covered individual" for "about a veteran or the dependent of a veteran", and added par. (2).

2016—Subsec. (l). Pub. L. 114–198 and Pub. L. 114–223 amended subsec. (l) identically, substituting "shall disclose" for "may disclose".

2011—Subsec. (l). Pub. L. 112–74 added subsec. (l).

2006—Subsec. (k). Pub. L. 109–461 added subsec. (k).

2001—Subsec. (g)(2)(B). Pub. L. 107–14 substituted "subparagraph (A)(i)" for "clause (A)(i)".

Subsec. (g)(3). Pub. L. 107–14 substituted "subparagraph (A) or (B)" for "clause (A) or (B)".

1991—Pub. L. 102–40, §402(b)(1), renumbered section 3301 of this title as this section.

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

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

Subsec. (b). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in introductory provisions and in pars. (1), (5), and (6).

Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration" in par. (6).

Pub. L. 102–40, §402(d)(1), substituted "5109" and "7109" for "3009" and "4009", respectively, in par. (1).

Subsec. (c)(1). Pub. L. 102–83, §4(a)(2)(A)(xi), substituted "Secretary" for first reference to "Veterans' Administration".

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

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

Subsec. (c)(3). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in two places.

Pub. L. 102–83, §4(a)(2)(A)(xi), substituted "Secretary" for "Veterans' Administration" after "with the".

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

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

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

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

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

Subsec. (g)(2)(A)(i). Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".

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

Pub. L. 102–83, §2(c)(6), substituted "section 527" for "section 219".

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

Subsec. (g)(4)(A)(i). Pub. L. 102–40, §402(d)(1), substituted "5302" for "3102".

Subsec. (h). Pub. L. 102–83, §5(c)(1), substituted "3720(a)(5)" for "1820(a)(5)" in par. (2)(A) and "3720" for "1820" in par. (2)(C).

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

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

1989—Subsec. (b)(1). Pub. L. 101–94 substituted "section 3009 or 4009" for "section 4009".

1980—Subsec. (a). Pub. L. 96–466, §606(a), substituted "members of the Armed Forces" for "personnel of the armed services".

Subsec. (b)(6). Pub. L. 96–466, §606(b), added par. (6).

Subsec. (c). Pub. L. 96–466, §606(c), designated existing provisions as pars. (1) and (3) with minor changes in language, and in par. (1) as so designated, substituted reference to the amount of any payment made by the Veterans' Administration to any person receiving benefits under a program administered by the Veterans' Administration for reference to the amount of pension, compensation, or dependency and indemnity compensation of any beneficiary, and added par. (2).

Subsec. (f). Pub. L. 96–466, §606(d), substituted "name or address, or both, of any present or former member of the Armed Forces, or a dependent of a present or former member of the Armed Forces" for "names or addresses, or both, of any present or former members of the Armed Forces, and/or their dependents" and "written request that such name or address" for "written request that such names or addresses".

Subsecs. (g) to (i). Pub. L. 96–466, §606(e), added subsecs. (g) to (i). Former subsec. (g) redesignated (j).

Subsec. (j). Pub. L. 96–466, §606(e), (f), redesignated former subsec. (g) as (j) and substituted "Except as provided in subsection (i)(1) of this section, any" for "Any".

1976—Subsec. (a). Pub. L. 94–321, §1(a)(1), (2), designated introductory par. as subsec. (a) and as so designated, substituted "provided in this section." for "follows:".

Subsec. (b). Pub. L. 94–321, §1(a)(2), added subsec. (b). Pars. (1) to (5), formerly set out following introductory par., became part of such subsec. (b).

Subsec. (b)(1). Pub. L. 94–581, §210(b)(1), substituted "claimant or duly authorized agent or representative of a claimant as to matters concerning the claimant alone" for "claimant or his duly authorized agent or representative as to matters concerning himself alone".

Subsec. (c). Pub. L. 94–321, §1(a)(3), redesignated par. (6) as subsec. (c).

Subsec. (d). Pub. L. 94–581, §210(b)(2), substituted "as a matter of discretion" for "in his discretion".

Pub. L. 94–321, §1(a)(3), redesignated par. (7) as subsec. (d).

Subsec. (e). Pub. L. 94–581, §210(b)(3), substituted "in the Administrator's judgment" for "in his judgment".

Pub. L. 94–321, §1(a)(3), (4), redesignated par. (8) as subsec. (e) and substituted "Except as otherwise specifically provided in this section with respect to certain information, the" for "The".

Subsec. (f). Pub. L. 94–321, §1(a)(3), (5), redesignated par. (9) as subsec. (f) and inserted provision relating to the release of information pursuant to this subsection to criminal or civil law enforcement governmental agencies and increased the penalty for misuse of such information to the status of a misdemeanor, with a fine of not more than $5,000 for the first offense and not more than $20,000 for any subsequent offense.

Subsec. (g). Pub. L. 94–321, §1(a)(5), added subsec. (g).

1972—Pub. L. 92–540 in introductory provision inserted reference to the names and addresses of present or former personnel of the armed forces, and their dependents, in the possession of the Veterans' Administration, and added par. (9).

1969—Par. (1). Pub. L. 91–24 substituted "the claimant and to an independent" for "the claimant. And to an independent".

1962—Par. (1). Pub. L. 87–671 inserted provisions authorizing disclosure to an independent medical expert or experts for an advisory opinion pursuant to section 4009 of this title.

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 1989 Amendment

Pub. L. 101–94, title III, §302(c), Aug. 16, 1989, 103 Stat. 628, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 4092 [now 7292] of this title] shall take effect as if included in the Veterans' Judicial Review Act [div. A of Pub. L. 100–687]."

Effective Date of 1980 Amendment

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

Effective Date of 1976 Amendments

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

Pub. L. 94–321, §1(b), June 29, 1976, 90 Stat. 714, provided that: "The amendments made by subsection (a) of this section with respect to subsection (f) (as redesignated by subsection (a)(3) of this section) of section 3301 [now 5701] of title 38, United States Code (except for the increase in criminal penalties for a violation of the second sentence of such subsection (f)), shall be effective with respect to names or addresses released on and after October 24, 1972."

Effective Date of 1962 Amendment

Pub. L. 87–671, §4, Sept. 19, 1962, 76 Stat. 557, provided that: "The amendments made by this Act [enacting section 4009 [now 7109] of this title and amending this section] shall be effective January 1, 1963."

Regulations

Pub. L. 109–461, title II, §204(c), Dec. 22, 2006, 120 Stat. 3411, provided that: "The Secretary of Veterans Affairs shall prescribe regulations under subsection (k) of section 5701 of title 38, United States Code, as added by subsection (a), not later than 180 days after the date of the enactment of this Act [Dec. 22, 2006]."
38 U.S.C. § 3687 (2024) — Title 38: VETERANS' BENEFITS / Chapter 36 / Subchapter III / Section 3687: Apprenticeship or other on-job training
Apprenticeship or other on-job training
Status: in_force

(a) An eligible veteran (as defined in section 3452(a)(1) of this title) or an eligible person (as defined in section 3501(a) of this title) shall be paid a training assistance allowance as prescribed by subsection (b) of this section while pursuing a full-time—

(1) program of apprenticeship approved by a State approving agency as meeting the standards of apprenticeship published by the Secretary of Labor pursuant to section 2 of the Act of August 16, 1937 (popularly known as the "National Apprenticeship Act") (29 U.S.C. 50a), or

(2) program of other on-job training approved under provisions of section 3677 of this title,

subject to the conditions and limitations of chapters 34 and 35 of this title with respect to educational assistance.

(b)(1) The monthly training assistance allowance of an eligible veteran pursuing a program described under subsection (a) shall be as follows:

 

Column IColumn 
II
Column 
III
Column 
IV
Column V

Periods of 
training
No 
dependents
One 
dependent
Two 
dependents
More than 
two 

dependents

  
  
  
  
The amount in column IV, plus the following for each dependent in excess of two:

First 6 months 
$274 
$307 
$336 
     $14

Second 6 months 
205 
239 
267 
      14

Third 6 months 
136 
171 
198 
      14

Fourth and any succeeding 6-month periods 
68 
101 
131 
      14

(2) The monthly training assistance allowance of an eligible person pursuing a program described under subsection (a) shall be $574 for the first six months, $429 for the second six months, $285 for the third six months, and $144 for the fourth and any succeeding six-month period of training.

(3) In any month in which an eligible veteran or person pursuing a program of apprenticeship or a program of other on-job training fails to complete one hundred and twenty hours of training in such month, the monthly training assistance allowance set forth in subsection (b)(1) or (2) of this section, as applicable, shall be reduced proportionately in the proportion that the number of hours worked bears to one hundred and twenty hours rounded off to the nearest eight hours.

(c) For the purpose of this chapter, the terms "program of apprenticeship" and "program of other on-job training" shall have the same meaning as "program of education"; and the term "training assistance allowance" shall have the same meaning as "educational assistance allowance" as set forth in chapters 34 and 35 of this title.

(d) With respect to any fiscal year, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under subsection (b)(2) equal to the percentage by which—

(1) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds

(2) such Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1).

(e)(1) For each month that an individual (as defined in paragraph (3)) is paid a training assistance allowance under subsection (a), the entitlement of the individual shall be charged at a percentage rate (rounded to the nearest percent) that is equal to the ratio of—

(A) the training assistance allowance for the month involved, to

(B) the monthly educational assistance allowance otherwise payable for full-time enrollment in an educational institution.

(2)(A) Subject to subparagraphs (B) and (C), for any month in which an individual fails to complete 120 hours of training, the entitlement otherwise chargeable under paragraph (1) shall be reduced in the same proportion as the monthly training assistance allowance payable is reduced under subsection (b)(3).

(B) In the case of an individual who is unemployed by reason of an emergency situation during any month, the 120-hour requirement under subparagraph (A) for that month shall be reduced proportionately to reflect the individual's period of unemployment, except that the amount of monthly training assistance otherwise payable to the individual under subsection (b)(3) shall not be reduced.

(C) Any period during which an individual is unemployed by reason of an emergency situation shall not—

(i) be charged against any entitlement to educational assistance of the individual; or

(ii) be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual.

(D) Any amount by which the entitlement of an individual is reduced under subparagraph (A) shall not—

(i) be charged against any entitlement to educational assistance of the individual; or

(ii) be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual.

(E)(i) 1 In the case of an individual who fails to complete 120 hours of training during a month, but who completed more than 120 hours of training during the preceding month, the individual may apply the number of hours in excess of 120 that the individual completed for that month to the month for which the individual failed to complete 120 hours. If the addition of such excess hours results in a total of 120 hours or more, the individual shall be treated as an individual who has completed 120 hours of training for that month. Any excess hours applied to a different month under this subparagraph may only be applied to one such month.

(F) This paragraph applies to amounts described in section 3313(g)(3)(B)(iv) and section 3032(c)(2) of this title and section 16131(d)(2) of title 10.

(G) In this paragraph:

(i) The term "unemployed" includes being furloughed or being scheduled to work zero hours.

(ii) The term "fails to complete 120 hours of training" means, with respect to an individual, that during any month, the individual completes at least one hour, but fewer than 120 hours, of training, including in a case in which the individual is unemployed for part of, but not the whole, month.

(3) In this section, the term "individual" means—

(A) an eligible veteran who is entitled to monthly educational assistance allowances payable under section 3015(e) of this title, or

(B) an eligible person who is entitled to monthly educational assistance allowances payable under section 3532(a) of this title,

as the case may be.

(Added Pub. L. 92–540, title III, §316(1), Oct. 24, 1972, 86 Stat. 1085, §1787; amended Pub. L. 93–508, title I, §104(2), (3), Dec. 3, 1974, 88 Stat. 1580; Pub. L. 93–602, title II, §205(b), Jan. 2, 1975, 88 Stat. 1959; Pub. L. 94–502, title V, §501(2), Oct. 15, 1976, 90 Stat. 2398; Pub. L. 95–202, title I, §104(2), Nov. 23, 1977, 91 Stat. 1435; Pub. L. 96–466, title II, §§203(3), 213(3), Oct. 17, 1980, 94 Stat. 2189, 2191; Pub. L. 97–295, §4(57), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 98–543, title II, §204(2), Oct. 24, 1984, 98 Stat. 2742; Pub. L. 101–237, title IV, §403(b), Dec. 18, 1989, 103 Stat. 2080; renumbered §3687 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105–178, title VIII, §8210(d), as added Pub. L. 105–206, title IX, §9014(b), July 22, 1998, 112 Stat. 866; Pub. L. 106–419, title I, §111(d), (f)(2), Nov. 1, 2000, 114 Stat. 1830, 1831; Pub. L. 107–103, title I, §102(d), Dec. 27, 2001, 115 Stat. 978; Pub. L. 108–183, title III, §302(d), Dec. 16, 2003, 117 Stat. 2659; Pub. L. 108–454, title I, §102(a), Dec. 10, 2004, 118 Stat. 3600; Pub. L. 117–333, §7(a), Jan. 5, 2023, 136 Stat. 6129.)

Editorial Notes

Prior Provisions

Provisions similar to those comprising this section were contained in former section 1683, as added by Pub. L. 90–77, title III, §304(a), Aug. 31, 1967, 81 Stat. 186; amended Pub. L. 91–219, title I, §103(e), Mar. 26, 1970, 84 Stat. 77; Pub. L. 91–584, §7, Dec. 24, 1970, 84 Stat. 1576, prior to repeal by section 401(6) of Pub. L. 92–540.

Amendments

2023—Subsec. (e)(2). Pub. L. 117–333 added par. (2) and struck out former par. (2), which read as follows: "For any month in which an individual fails to complete 120 hours of training, the entitlement otherwise chargeable under paragraph (1) shall be reduced in the same proportion as the monthly training assistance allowance payable is reduced under subsection (b)(3)."

2004—Subsec. (e). Pub. L. 108–454 added subsec. (e).

2003—Subsec. (b)(2). Pub. L. 108–183 substituted "shall be $574 for the first six months, $429 for the second six months, $285 for the third six months, and $144 for the fourth and any succeeding six-month period of training." for "shall be $488 for the first six months, $365 for the second six months, $242 for the third six months, and $122 for the fourth and any succeeding six-month periods of training."

2001—Subsec. (b)(2). Pub. L. 107–103 substituted "$488" for "$428", "$365" for "$320", "$242" for "$212", and "$122" for "$107".

2000—Subsec. (b)(2). Pub. L. 106–419, §111(d), substituted "$428" for "$353", "$320" for "$264", "$212" for "$175", and "$107" for "$88".

Subsec. (d). Pub. L. 106–419, §111(f)(2), added subsec. (d).

1998—Subsec. (b)(2). Pub. L. 105–178, §8210(d), as added by Pub. L. 105–206, §9014(b), substituted "$353" for "$294", "$264" for "$220", "$175" for "$146", and "$88" for "$73".

1991—Pub. L. 102–83, §5(a), renumbered section 1787 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "3452(a)(1)" for "1652(a)(1)" and "3501(a)" for "1701(a)" in introductory provisions and "3677" for "1777" in par. (2).

1989—Subsec. (b)(2). Pub. L. 101–237 substituted "$294 for the first six months, $220 for the second six months, $146 for the third six months, and $73 for the fourth and any succeeding six-month periods of training" for "computed at the rate prescribed in paragraph (1) of this subsection for an eligible veteran with no dependents pursuing such a course".

1984—Subsec. (b)(1). Pub. L. 98–543 increased monthly training assistance allowance of eligible veterans in column II from $249, $186, $124 and $62 to $274, $205, $136, and $68; in column III from $279, $217, $155, and $92 to $307, $239, $171, and $101; in column IV from $305, $243, $180, and $119 to $336, $267, $198 and $131; in column V from $13, $13, $13 and $13 to $14, $14, $14 and $14, respectively.

1982—Subsec. (a). Pub. L. 97–295 substituted "section 2 of the Act of August 16, 1937 (popularly known as the 'National Apprenticeship Act') (29 U.S.C. 50a)" for "section 50a of title 29" in cl. (1), and inserted "of this title" after "34 and 35" in provisions following cl. (2).

1980—Subsec. (b)(1). Pub. L. 96–466, §213(3), increased monthly training assistance allowance of eligible veterans in column II from $237, $177, $119, and $59 to $249, $186, $124, and $62; in column III from $267, $207, $148, and $88 to $279, $217, $155, and $92; in column IV from $291, $232, $172, and $113 to $305, $243, $180, and $119, respectively.

Pub. L. 96–466, §203(3), increased monthly training assistance allowance of eligible veterans in column II from $226, $169, $113, and $56 to $237, $177, $119, and $59; in column III from $254, $197, $141, and $84 to $267, $207, $148, and $88; in column IV from $277, $221, $164, and $108 to $291, $232, $172, and $113; in column V from $12, $12, $12, and $12 to $13, $13, $13, and $13, respectively.

1977—Subsec. (b)(1). Pub. L. 95–202 increased monthly training assistance allowance of eligible veterans in column II from $212, $159, $106, and $53 to $226, $169, $113, and $56; in column III from $238, $185, $132, and $79 to $254, $197, $141, and $84; in column IV from $260, $207, $154, and $101 to $277, $221, $164, and $108; in column V from $11, $11, $11, and $11 to $12, $12, $12, and $12, respectively.

1976—Subsec. (b)(1). Pub. L. 94–502 increased monthly training assistance allowance of eligible veterans in column II from "$196", "$147", "$98", and "$49" to "$212", "$159", "$106", and "$53"; in column III from "$220", "$171", "$122", and "$73" to "$238", "$185", "$132", and "$79"; in column IV from "$240", "$191", "$142", and "$93" to "$260", "$207", "$154", and "$101"; and in column V from "$10", "$10", "$10", and "$10" to "$11", "$11", "$11", and "$11", respectively.

1975—Subsec. (b)(1). Pub. L. 93–602 increased monthly training assistance allowance of eligible veterans in column II from "$189", "$142", "$95", and "$47" to "$196", "$147", "$98", and "$49"; in column III from "$212", "$164", "$117", "$70" to "$220", "$171", "$122", and "$73"; in column IV from "$232", "$184", "$137", and "$90" to "$240", "$191", "$142", and "$93"; and in column V from "$9", "$9", "$9", and "$9" to "$10", "$10", "$10", and "$10", respectively.

1974—Subsec. (b)(1). Pub. L. 93–508, §104(2), increased monthly training assistance allowance of eligible veterans in column II from "$160, $120, $80, and $40" to "$189, $142, $95, and $47"; in column III from "$179, $139, $99, and $59" to "$212, $164, $117, and $70"; in column IV from "$196, $156, $116, and $76" to "$232, $184, $137, and $90"; and in column V from "$8, $8, $8, and $8" to "$9, $9, $9, and $9", respectively.

Subsec. (b)(2). Pub. L. 93–508, §104(3), substituted "computed at the rate prescribed in paragraph (1) of this subsection for an eligible veteran with no dependents pursuing such a course" for "(A) $160 during the first six-month period, (B) $120 during the second six-month period, (C) $80 during the third six-month period, and (D) $40 during the fourth and any succeeding six-month period".

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–454, title I, §102(b), Dec. 10, 2004, 118 Stat. 3600, provided that:"The amendment made by subsection (a) [amending this section] shall apply with respect to months beginning after September 30, 2005."

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–183 effective July 1, 2004, and applicable with respect to educational assistance allowances payable under chapter 35 and section 3687(b)(2) of this title for months beginning on or after that date, see section 302(e) of Pub. L. 108–183, set out as a note under section 3532 of this title.

Effective Date of 2001 Amendment

Amendment by Pub. L. 107–103 effective Jan. 1, 2002, and applicable with respect to educational assistance allowances payable under chapter 35 of this title and subsec. (b)(2) of this section for months beginning on or after that date, see section 102(e) of Pub. L. 107–103, set out as a note under section 3532 of this title.

Effective Date of 2000 Amendment

Amendment by section 111(d) of Pub. L. 106–419 effective Nov. 1, 2000, and applicable with respect to educational assistance allowances paid under chapter 35 of title 38 for months after October 2000, see section 111(e) of Pub. L. 106–419, set out as a note under section 3532 of this title.

Subsec. (d) of this section effective Oct. 1, 2001, see section 111(f)(3) of Pub. L. 106–419, set out as an Effective Date note under section 3564 of this title.

Effective Date of 1998 Amendments

Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Amendment by Pub. L. 105–178 effective Oct. 1, 1998, and applicable with respect to educational assistance allowances paid for months after September 1998, see section 8210(e) of Pub. L. 105–178, set out as a note under section 3532 of this title.

Effective Date of 1989 Amendment

Amendment by Pub. L. 101–237 effective Jan. 1, 1990, see section 403(c) of Pub. L. 101–237, set out as a note under section 3532 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–543 effective Oct. 1, 1984, see section 205 of Pub. L. 98–543, set out as a note under section 3108 of this title.

Effective Date of 1980 Amendment

Amendment by sections 203(3) and 213(3) of Pub. L. 96–466 effective Oct. 1, 1980, and Jan. 1, 1981, respectively, see section 802(b) of Pub. L. 96–466, set out as a note under section 3482 of this title.

Effective Date of 1977 Amendment

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

Effective Date of 1976 Amendment

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

Effective Date of 1975 Amendment

Amendment by Pub. L. 93–602 effective Jan. 1, 1975, see section 206 of Pub. L. 93–602, set out as a note under section 3482 of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–508 effective Sept. 1, 1974, see section 501 of Pub. L. 93–508, set out as a note under section 3482 of this title.

Effective Date

Section effective Oct. 1, 1972, except for those veterans and eligible persons in training on Oct. 24, 1972, see section 601(a) of Pub. L. 92–540, set out as an Effective Date of 1972 Amendment note under section 3482 of this title.

Apprenticeship or On-Job Training Requirements

Pub. L. 116–315, title I, §1106, Jan. 5, 2021, 134 Stat. 4965, as amended by Pub. L. 117–76, §5(e), Dec. 21, 2021, 135 Stat. 1520, which temporarily substituted provisions for subsec. (e)(2) of this section, regarding entitlement reduction requirements in cases of unemployed individuals who failed to complete 120 hours of training, was repealed by Pub. L. 117–333, §7(b), Jan. 5, 2023, 136 Stat. 6130. See subsec. (e)(2) of this section, as amended by section 7(a) of Pub. L. 117–333.

Increase in Benefit for Individuals Pursuing Apprenticeship or On-Job Training; Survivors and Dependents Educational Assistance

Pub. L. 108–454, title I, §103(c), Dec. 10, 2004, 118 Stat. 3601, provided that:

"(1) For months beginning on or after October 1, 2005, and before January 1, 2008, subsection (b)(2) of section 3687 of title 38, United States Code, shall be applied as if—

"(A) the reference to '$574 for the first six months' were a reference to '$650 for the first six months';

"(B) the reference to '$429 for the second six months' were a reference to '$507 for the second six months'; and

"(C) the reference to '$285 for the third six months' were a reference to '$366 for the third six months'.

"(2) Subsection (d) of such section 3687 shall not apply with respect to the provisions of paragraph (1) for months occurring during fiscal year 2006.

"(3) For months beginning on or after January 1, 2008, the Secretary shall carry out subsection (b)(2) of such section 3687 as if paragraphs (1) and (2) were not enacted into law."

Termination of Eligibility Period

Termination of eligibility period for a wife or widow, or an eligible person eight years from Oct. 24, 1972, see section 604 of Pub. L. 92–540.

1 So in original. No cl. (ii) was enacted.
38 U.S.C. § 1729A (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter III / Section 1729A: Department of Veterans Affairs Medical Care Collections Fund
Department of Veterans Affairs Medical Care Collections Fund
Status: in_force

(a) There is in the Treasury a fund to be known as the Department of Veterans Affairs Medical Care Collections Fund.

(b) Amounts recovered or collected under any of the following provisions of law shall be deposited in the fund:

(1) Section 1710(f) of this title.

(2) Section 1710(g) of this title.

(3) Section 1711 of this title.

(4) Section 1722A of this title.

(5) Section 1725 of this title.

(6) Section 1729 of this title.

(7) Section 1784 of this title.

(8) Section 8165(a) of this title.

(9) Section 113 of the Veterans Millennium Health Care and Benefits Act (Public Law 106–117; 38 U.S.C. 8111 note).

(10) Public Law 87–693, popularly known as the "Federal Medical Care Recovery Act" (42 U.S.C. 2651 et seq.), to the extent that a recovery or collection under that law is based on medical care or services furnished under this chapter.

(c)(1) Subject to the provisions of appropriations Acts, amounts in the fund shall be available, without fiscal year limitation, to the Secretary for the following purposes:

(A) Furnishing medical care and services under this chapter, to be available during any fiscal year for the same purposes and subject to the same limitations (other than with respect to the period of availability for obligation) as apply to amounts appropriated from the general fund of the Treasury for that fiscal year for medical care.

(B) Expenses of the Department for the identification, billing, auditing, and collection of amounts owed the United States by reason of medical care and services furnished under this chapter.

(2) Amounts available under paragraph (1) may not be used for any purpose other than a purpose set forth in subparagraph (A) or (B) of that paragraph.

(d) Of the total amount recovered or collected by the Department during a fiscal year under the provisions of law referred to in subsection (b) and made available from the fund, the Secretary shall make available to each Department health care facility of the Department an amount that bears the same ratio to the total amount so made available as the amount recovered or collected by such facility during that fiscal year under such provisions of law bears to such total amount recovered or collected during that fiscal year. The Secretary shall make available to each facility the entirety of the amount specified to be made available to such facility by the preceding sentence.

(e) Amounts recovered or collected under the provisions of law referred to in subsection (b) shall be treated for the purposes of sections 251 and 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901, 902) as offsets to discretionary appropriations (rather than as offsets to direct spending) to the extent that such amounts are made available for expenditure in appropriations Acts for the purposes specified in subsection (c).

(Added Pub. L. 105–33, title VIII, §8023(a)(1), Aug. 5, 1997, 111 Stat. 665; amended Pub. L. 106–117, title I, §111(b)(1), title II, §203, Nov. 30, 1999, 113 Stat. 1556, 1561; Pub. L. 107–135, title II, §208(e)(5), Jan. 23, 2002, 115 Stat. 2463; Pub. L. 108–7, div. K, title I, §113(b), Feb. 20, 2003, 117 Stat. 482; Pub. L. 108–183, title VII, §708(a)(2), Dec. 16, 2003, 117 Stat. 2673.)

Editorial Notes

References in Text

Public Law 87–693, popularly known as the Federal Medical Care Recovery Act, referred to in subsec. (b)(10), is Pub. L. 87–693, Sept. 25, 1962, 76 Stat. 593, which is classified generally to chapter 32 (§2651 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables.

Amendments

2003—Subsec. (b). Pub. L. 108–183, §708(a)(2)(A), struck out "after June 30, 1997," after "collected" in introductory provisions.

Subsec. (b)(8) to (10). Pub. L. 108–7 added pars. (8) and (9) and redesignated former par. (8) as (10).

Subsec. (c)(3). Pub. L. 108–183, §708(a)(2)(B), struck out par. (3) which related to duties of the Secretary for fiscal year 1998.

Subsecs. (e), (f). Pub. L. 108–183, §708(a)(2)(C), (D), redesignated subsec. (f) as (e) and struck out former subsec. (e) which required the Secretary to submit to the Committees on Veterans' Affairs of the Senate and House of Representatives quarterly reports on the operation of the section for fiscal years 1998, 1999, and 2000 and for the first quarter of fiscal year 2001.

2002—Subsec. (b)(7), (8). Pub. L. 107–135 added par. (7) and redesignated former par. (7) as (8).

1999—Subsec. (b)(5) to (7). Pub. L. 106–117, §111(b)(1), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively.

Subsec. (d). Pub. L. 106–117, §203, struck out par. (1) designation, substituted "each Department health care facility" for "each designated health care region" and "each facility" for "each region", substituted "such facility" for "such region" in two places, and struck out par. (2) which read as follows: "In this subsection, the term 'designated health care regions of the Department' means the geographic areas designated by the Secretary for purposes of the management of, and allocation of resources for, health care services provided by the Department."

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Amendment by section 111(b)(1) of Pub. L. 106–117 effective 180 days after Nov. 30, 1999, see section 111(c) of Pub. L. 106–117, set out as an Effective Date note under section 1725 of this title.

Effective Date

Section effective Oct. 1, 1997, see section 8023(g) of Pub. L. 105–33, set out as an Effective Date of 1997 Amendment note under section 1710 of this title.

Improvements for Recovery and Collection of Amounts for Department of Veterans Affairs Medical Care Collections Fund

Pub. L. 112–154, title I, §111, Aug. 6, 2012, 126 Stat. 1175, provided that:

"(a) Development and Implementation of Plan for Recovery and Collection.—

"(1) In general.—Not later than 270 days after the date of the enactment of this Act [Aug. 6, 2012], the Secretary of Veterans Affairs shall develop and implement a plan to ensure the recovery and collection of amounts under the provisions of law described in section 1729A(b) of title 38, United States Code, for deposit in the Department of Veterans Affairs Medical Care Collections Fund.

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

"(A) An effective process to identify billable fee claims.

"(B) Effective and practicable policies and procedures that ensure recovery and collection of amounts described in section 1729A(b) of such title.

"(C) The training of employees of the Department, on or before September 30, 2013, who are responsible for the recovery or collection of such amounts to enable such employees to comply with the process required by subparagraph (A) and the policies and procedures required by subparagraph (B).

"(D) Fee revenue goals for the Department.

"(E) An effective monitoring system to ensure achievement of goals described in subparagraph (D) and compliance with the policies and procedures described in subparagraph (B).

"(b) Monitoring of Third-party Collections.—The Secretary shall monitor the recovery and collection of amounts from third parties (as defined in section 1729(i) of such title) for deposit in such fund."

Medical Services Accounts

Pub. L. 108–447, div. I, title I, §115, Dec. 8, 2004, 118 Stat. 3293, provided that:

"(a) Hereafter receipts that would otherwise be credited to the accounts listed in subsection (c) shall be deposited into the Medical Care Collections Fund, and shall be transferred to and merged with the 'Medical services' account, in fiscal year 2005 and subsequent years, to remain available until expended, to carry out the purposes of the 'Medical services' account.

"(b) The unobligated balances in the accounts listed in subsection (c), shall be transferred to and merged with the 'Medical services' account in fiscal year 2005 and subsequent years, and remain available until expended, to carry out the purposes of the 'Medical services' account: Provided, That the obligated balances in these accounts may be transferred to the 'Medical services' account at the discretion of the Secretary of Veterans Affairs and shall remain available until expended.

"(c) Veterans Extended Care Revolving Fund; Medical Facilities Revolving Fund; Special Therapeutic and Rehabilitation Fund; Nursing Home Revolving Fund; Veterans Health Services Improvement Fund; and Parking Revolving Fund."

Similar provisions were contained in the following prior appropriation act:

Pub. L. 108–199, div. G, title I, §115, Jan. 23, 2004, 118 Stat. 370.

Report on Implementation of Section 8023 of Pub. L. 105–33

Pub. L. 105–33, title VIII, §8023(f), Aug. 5, 1997, 111 Stat. 667, provided that: "Not later than January 1, 1999, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of this section [enacting this section, amending sections 712, 1710, 1722A, and 1729 of this title, and enacting provisions set out as notes under sections 712 and 1729 of this title]. The report shall describe the collections under each of the provisions specified in section 1729A(b) of title 38, United States Code, as added by subsection (a). Information on such collections shall be shown for each of the health service networks (known as Veterans Integrated Service Networks) and, to the extent practicable for each facility within each such network. The Secretary shall include in the report an analysis of differences among the networks with respect to (A) the market in which the networks operates, (B) the effort expended to achieve collections, (C) the efficiency of such effort, and (D) any other relevant information."
38 U.S.C. § 3680 (2024) — Title 38: VETERANS' BENEFITS / Chapter 36 / Subchapter III / Section 3680: Payment of educational assistance or subsistence allowances
Payment of educational assistance or subsistence allowances
Status: in_force

(a) Period for Which Payment May Be Made.—(1) Except as provided in paragraphs (2) and (3), payment of educational assistance or subsistence allowances to eligible veterans or eligible persons pursuing a program of education or training, other than a program by correspondence, in an educational institution under chapter 31, 34, or 35 of this title shall be paid as provided in this section and, as applicable, in section 3108, 3482, 3491, or 3532 of this title. Such payments shall be paid only for the period of such veterans' or persons' enrollment in, and pursuit of, such program, but no amount shall be paid—

(A) to any eligible veteran or eligible person for any period when such veteran or person is not pursuing such veteran's or person's course in accordance with the regularly established policies and regulations of the educational institution, with the provisions of such regulations as may be prescribed by the Secretary pursuant to subsection (g) of this section, and with the requirements of this chapter or of chapter 34 or 35 of this title, but payment may be made for an actual period of pursuit of one or more unit subjects pursued for a period of time shorter than the enrollment period at the educational institution;

(B) to any eligible veteran or person for auditing a course; or

(C) to any eligible veteran or person for a course for which the grade assigned is not used in computing the requirements for graduation including a course from which the student withdraws unless—

(i) the eligible veteran or person withdraws because he or she is ordered to active duty; or

(ii) the Secretary finds there are mitigating circumstances, except that, in the first instance of withdrawal (without regard to withdrawals described in clause (i)) by the eligible veteran or person from a course or courses with respect to which the veteran or person has been paid assistance under this title, mitigating circumstances shall be considered to exist with respect to courses totaling not more than six semester hours or the equivalent thereof.

(2) Notwithstanding paragraph (1), the Secretary may, pursuant to such regulations as the Secretary shall prescribe, continue to pay allowances to eligible veterans and eligible persons enrolled in courses set forth in paragraph (1)(A)—

(A) during periods when educational institutions are temporarily closed under an established policy based on an Executive order of the President or due to an emergency situation, except that the total number of weeks for which allowances may continue to be so payable in any 12-month period may not exceed 4 weeks; or

(B) solely for the purpose of awarding a monthly housing stipend described in section 3313 of this title or a subsistence allowance described in section 3108, during periods following a permanent closure of an educational institution, or following the disapproval of a course of study described in section 3699(b)(1)(B) of this title, except that payment of such a stipend or allowance may only be continued until the earlier of—

(i) the date of the end of the term, quarter, or semester during which the closure or disapproval occurred; and

(ii) the date that is 120 days after the date of the closure or disapproval.

(3)(A) Notwithstanding paragraph (1), in the case of an eligible veteran or eligible person who is pursuing a program of education on less than a half-time basis during a period that is the last semester, term, or academic period the veteran or person will be enrolled in the program of education because the veteran or person will complete the program of education at the end of that semester, term, or academic period, the Secretary may, pursuant to such regulations as the Secretary shall prescribe, provide to the veteran or person educational assistance under chapter 30, 31, 32, 33, 34, or 35 of this title or under chapter 1606 of title 10 on the basis of the total number of credits or courses in which the veteran or person is enrolled, if—

(i) the number of credits the veteran or person needs to complete the program of education is less than the number of credits that would constitute enrollment on a more than half-time basis for that last semester, term, or academic period; and

(ii) the veteran or person—

(I) is enrolled in, or has completed, every course offered by the program of education during the last semester, term, or academic period in which the veteran or person is enrolled in the program of education; and

(II) enrolls in an additional course that is not required for the completion of such program of education and the enrollment in the non-required course in addition to the required course or courses in which the veteran or person is enrolled constitutes enrollment on more than a half-time basis.

(B) For purposes of providing a monthly housing stipend described in section 3313(c) to an eligible veteran or eligible person for whom the Secretary is providing educational assistance under chapter 33 of this title during a period that is the last semester, term, or academic period pursuant to subparagraph (A), the Secretary shall treat the veteran or person as pursuing a program of education on a full-time basis.

(b) Correspondence Training Certifications.—No educational assistance allowance shall be paid to an eligible veteran or spouse or surviving spouse enrolled in and pursuing a program of education exclusively by correspondence until the Secretary shall have received—

(1) from the eligible veteran or spouse or surviving spouse a certificate as to the number of lessons actually completed by the veteran or spouse or surviving spouse and serviced by the educational institution; and

(2) from the training establishment a certification or an endorsement on the veteran's or spouse's or surviving spouse's certificate, as to the number of lessons completed by the veteran or spouse or surviving spouse and serviced by the institution.

(c) Apprenticeship and Other On-Job Training.—No training assistance allowance shall be paid to an eligible veteran or eligible person enrolled in and pursuing a program of apprenticeship or other on-job training until the Secretary receives from the training establishment a certification that such veteran or person was enrolled in and pursuing a program of apprenticeship or other on-job training during such period.

(d) Advance Payment of Initial Educational Assistance or Subsistence Allowance.—(1) The educational assistance or subsistence allowance advance payment provided for in this subsection is based upon a finding by the Congress that eligible veterans and eligible persons may need additional funds at the beginning of a school term to meet the expenses of books, travel, deposits, and payment for living quarters, the initial installment of tuition, and the other special expenses which are concentrated at the beginning of a school term.

(2) Subject to the provisions of this subsection, and under regulations which the Secretary shall prescribe, an eligible veteran or eligible person shall be paid an educational assistance allowance or subsistence allowance, as appropriate, advance payment. Such advance payment shall be made in an amount equivalent to the allowance for the month or fraction thereof in which pursuit of the program will commence, plus the allowance for the succeeding month. In the case of a person on active duty, who is pursuing a program of education, the advance payment shall be in a lump sum based upon the amount payable for the entire quarter, semester, or term, as applicable. In no event shall an advance payment be made under this subsection to a veteran or person intending to pursue a program of education on less than a half-time basis. An advance payment may not be made under this subsection to any veteran or person unless the veteran or person requests such payment and the Secretary finds that the educational institution at which such veteran or person is accepted or enrolled has agreed to, and can satisfactorily, carry out the provisions of paragraphs (4)(B) and (C) and (5) of this subsection. The application for advance payment, to be made on a form prescribed by the Secretary, shall—

(A) in the case of an initial enrollment of a veteran or person in an educational institution, contain information showing that the veteran or person (i) is eligible for educational benefits, (ii) has been accepted by the institution, and (iii) has notified the institution of such veteran's or person's intention to attend that institution; and

(B) in the case of a re-enrollment of a veteran or person, contain information showing that the veteran or person (i) is eligible to continue such veteran's or person's program of education or training and (ii) intends to re-enroll in the same institution,

and, in either case, shall also state the number of semester or clock-hours to be pursued by such veteran or person.

(3) For purposes of the Secretary's determination whether any veteran or person is eligible for an advance payment under this section, the information submitted by the institution, the veteran or person, shall establish such veteran's or person's eligibility unless there is evidence in such veteran's or person's file in the processing office establishing that the veteran or person is not eligible for such advance payment.

(4) The advance payment authorized by paragraph (2) of this subsection shall, in the case of an eligible veteran or eligible person, be (A) drawn in favor of the veteran or person; (B) mailed to the educational institution listed on the application form for temporary care and delivery to the veteran or person by such institution; and (C) delivered to the veteran or person upon such veteran's or person's registration at such institution, but in no event shall such delivery be made earlier than thirty days before the program of education is to commence.

(5) Upon delivery of the advance payment pursuant to paragraph (4) of this subsection, the institution shall submit to the Secretary a certification of such delivery. If such delivery is not effected within thirty days after commencement of the program of education in question, such institution shall return such payment to the Secretary forthwith.

(e) Recovery of Erroneous Payments.—(1) Subject to paragraph (2), if an eligible veteran or eligible person fails to enroll in or pursue a course for which an educational assistance or subsistence allowance advance payment is made, the amount of such payment and any amount of subsequent payments which, in whole or in part, are due to erroneous information required to be furnished under subsection (d)(2) of this section, shall become an overpayment and shall constitute a liability of such veteran or person to the United States and may be recovered, unless waived pursuant to section 5302 of this title, from any benefit otherwise due such veteran or person under any law administered by the Department of Veterans Affairs or may be recovered in the same manner as any other debt due the United States.

(2) Paragraph (1) shall not apply to the recovery of an overpayment of an educational allowance or subsistence allowance advance payment to an eligible veteran or eligible person who fails to enroll in or pursue a course of education for which the payment is made if such failure is due to the death of the veteran or person.

(f) Payments for Less Than Half-Time Training.—Payment of educational assistance allowance in the case of any eligible veteran or eligible person pursuing a program of education on less than a half-time basis shall be made in an amount computed for the entire quarter, semester, or term not later than the last day of the month immediately following the month in which certification is received from the educational institution that such veteran or person has enrolled in and is pursuing a program at such institution. Such lump sum payment shall be computed at the rate provided in section 3482(b) or 3532(a)(2) of this title, as applicable.

(g) Determination of Enrollment, Pursuit, and Attendance.—(1) The Secretary may, pursuant to regulations which the Secretary shall prescribe, determine and define with respect to an eligible veteran and eligible person the following:

(A) Enrollment in a course or program of education or training.

(B) Pursuit of a course or program of education or training.

(C) Attendance at a course or program of education or training.

(2) The Secretary may withhold payment of benefits to an eligible veteran or eligible person until the Secretary receives such proof as the Secretary may require of enrollment in and satisfactory pursuit of a program of education by the eligible veteran or eligible person. The Secretary shall adjust the payment withheld, when necessary, on the basis of the proof the Secretary receives.

(3) In the case of an individual other than an individual described in paragraph (4), the Secretary may accept the individual's monthly certification of enrollment in and satisfactory pursuit of a program of education as sufficient proof of the certified matters.

(4) In the case of an individual who has received an accelerated payment of basic educational assistance under section 3014A of this title during an enrollment period for a program of education, the Secretary may accept the individual's certification of enrollment in and satisfactory pursuit of the program of education as sufficient proof of the certified matters if the certification is submitted after the enrollment period has ended.

(h) Payments During Emergency Situations.—(1) The Secretary may pay allowances to an eligible veteran or eligible person under subsection (a)(2)(A), if the veteran or person is enrolled in a program or course of education that—

(A) is provided by an educational institution or training establishment that is closed by reason of an emergency situation; or

(B) is suspended by reason of an emergency situation.

(2) The total number of weeks for which allowances may be paid by reason of this subsection may not exceed four weeks.

(3) Any amount paid under this subsection shall not be counted for purposes of the limitation on allowances under subsection (a)(2)(A).

(Added Pub. L. 92–540, title II, §201, Oct. 24, 1972, 86 Stat. 1076, §1780; amended Pub. L. 93–208, Dec. 28, 1973, 87 Stat. 907; Pub. L. 93–508, title II, §209, Dec. 3, 1974, 88 Stat. 1584; Pub. L. 94–502, title V, §§505, 506, 513(a)(5)–(12), Oct. 15, 1976, 90 Stat. 2400, 2402, 2403; Pub. L. 96–466, title III, §§341, 342, title VI, §§601(c), (d), 602(c), Oct. 17, 1980, 94 Stat. 2198, 2208, 2209; Pub. L. 97–35, title XX, §2003(c), Aug. 13, 1981, 95 Stat. 782; Pub. L. 97–295, §4(52), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 97–306, title II, §205(c), Oct. 14, 1982, 96 Stat. 1434; Pub. L. 99–576, title III, §§315(a)(1), 316, title VII, §701(59), Oct. 28, 1986, 100 Stat. 3274, 3296; Pub. L. 100–689, title I, §121(a), Nov. 18, 1988, 102 Stat. 4173; Pub. L. 101–237, title IV, §§412(a), 415(a), 423(b)(1), (2), Dec. 18, 1989, 103 Stat. 2085, 2086, 2092; Pub. L. 102–40, title IV, §402(d)(1), May 7, 1991, 105 Stat. 239; renumbered §3680 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–127, §6(a), Oct. 10, 1991, 105 Stat. 622; Pub. L. 102–568, title III, §314, Oct. 29, 1992, 106 Stat. 4333; Pub. L. 103–446, title VI, §605(a)(2)(B), title XII, §1201(i)(6), Nov. 2, 1994, 108 Stat. 4672, 4688; Pub. L. 106–419, title I, §121(a), Nov. 1, 2000, 114 Stat. 1833; Pub. L. 107–103, title I, §104(b), Dec. 27, 2001, 115 Stat. 981; Pub. L. 109–233, title V, §503(8)(A), June 15, 2006, 120 Stat. 416; Pub. L. 111–377, title II, §206(a), Jan. 4, 2011, 124 Stat. 4126; Pub. L. 115–48, title I, §109(b), Aug. 16, 2017, 131 Stat. 980; Pub. L. 115–89, §3, Nov. 21, 2017, 131 Stat. 1279; Pub. L. 116–315, title I, §1007(b), Jan. 5, 2021, 134 Stat. 4940; Pub. L. 117–76, §4(a), Dec. 21, 2021, 135 Stat. 1519; Pub. L. 117–333, §6(a), Jan. 5, 2023, 136 Stat. 6129; Pub. L. 118–210, title II, §208(a), Jan. 2, 2025, 138 Stat. 2765.)

Editorial Notes

Amendments

2025—Subsec. (a)(3). Pub. L. 118–210 designated existing provisions as subpar. (A), struck out ", including a monthly housing stipend described in section 3313(c) of this title," after "chapter 1606 of title 10", redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, redesignated cls. (i) and (ii) of former subpar. (B) as subcls. (I) and (II), respectively, of cl. (ii), and added subpar. (B).

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

2021—Subsec. (a)(1). Pub. L. 117–76, §4(a)(1), substituted "in paragraphs (2) and (3)" for "in paragraph (2)" in introductory provisions.

Subsec. (a)(2)(B). Pub. L. 116–315 inserted "or a subsistence allowance described in section 3108" before ", during" and "or allowance" after "such a stipend".

Subsec. (a)(3). Pub. L. 117–76, §4(a)(2), added par. (3).

2017—Subsec. (a). Pub. L. 115–48 designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1) and former subpars. (A) and (B) of par. (3) as cls. (i) and (ii), respectively, of subpar. (C), substituted "Except as provided in paragraph (2), payment of" for "Payment of" in introductory provisions of par. (1) and "described in clause (i)" for "described in subclause (A) of this clause" in cl. (ii) of par. (1)(C), added par. (2), and struck out concluding provisions which read as follows: "Notwithstanding the foregoing, the Secretary may, subject to such regulations as the Secretary shall prescribe, continue to pay allowances to eligible veterans and eligible persons enrolled in courses set forth in clause (1) of this subsection during periods when schools are temporarily closed under an established policy based on an Executive order of the President or due to an emergency situation. However, the total number of weeks for which allowances may continue to be so payable in any 12-month period may not exceed 4 weeks."

Subsec. (c). Pub. L. 115–89 substituted "receives from the training establishment a certification" for "shall have received—

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

"(2) from the training establishment a certification, or an endorsement on the veteran's or person's certificate,".

2011—Subsec. (a). Pub. L. 111–377, in concluding provisions, substituted "of this subsection during periods when schools are temporarily closed under an established policy based on an Executive order of the President or due to an emergency situation. However, the total number of weeks for which allowances may continue to be so payable in any 12-month period may not exceed 4 weeks." for "of this subsection—" and subcls. (A) to (C) which related to periods when schools are temporarily closed, periods of 30 days or less between consecutive school terms during which veterans or persons transfer to another approved educational institution, and periods of certified term-basis enrollment between school terms, respectively.

2006—Pub. L. 109–233 revised style of subsec. headings.

2001—Subsec. (g). Pub. L. 107–103 amended heading and text of subsec. (g) generally. Prior to amendment, text read as follows: "The Secretary may, pursuant to regulations which the Secretary shall prescribe, determine and define enrollment in, pursuit of, and attendance at, any program of education or training or course by an eligible veteran or eligible person for any period for which the veteran or person receives an educational assistance or subsistence allowance under this chapter for pursuing such program or course. Subject to such reports and proof as the Secretary may require to show an eligible veteran's or eligible person's enrollment in and satisfactory pursuit of such person's program, the Secretary may withhold payment of benefits to such eligible veteran or eligible person until the required proof is received and the amount of the payment is appropriately adjusted. The Secretary may accept such veteran's or person's monthly certification of enrollment in and satisfactory pursuit of such veteran's or person's program as sufficient proof of the certified matters."

2000—Subsec. (a)(C). Pub. L. 106–419 amended subcl. (C) generally. Prior to amendment, subcl. (C) read as follows: "during periods between a semester, term, or quarter where the educational institution certifies the enrollment of the eligible veteran or eligible person on an individual semester, term, or quarter basis if the interval between such periods does not exceed one full calendar month."

1994—Subsec. (a)(2) to (4). Pub. L. 103–446, §605(a)(2)(B), inserted "or" at end of par. (2), substituted period for "; or" at end of par. (3), and struck out par. (4) which read as follows: "to any eligible veteran or person for pursuit of a program of education exclusively by correspondence as authorized under section 3686 of this title or for the pursuit of a correspondence portion of a combination correspondence-residence course leading to a vocational objective where the normal period of time required to complete such correspondence course or portion is less than 6 months. A certification as to the normal period of time required to complete the course must be made to the Secretary by the educational institution."

Subsec. (a)(C). Pub. L. 103–446, §1201(i)(6), substituted "one full" for "1 full".

1992—Subsec. (e). Pub. L. 102–568 designated existing provisions as par. (1), substituted "Subject to paragraph (2), if" for "If", struck out comma after "eligible person", and added par. (2).

1991—Pub. L. 102–83, §5(a), renumbered section 1780 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "3108, 3482, 3491, or 3532" for "1508, 1682, 1691, or 1732" in introductory provisions.

Subsec. (a)(3). Pub. L. 102–127 amended cl. (3) generally. Prior to amendment, cl. (3) read as follows: "to any eligible veteran or person for a course for which the grade assigned is not used in computing the requirements for graduation including a course from which the student withdraws unless the Secretary finds there are mitigating circumstances, except that, in the first instance of withdrawal by an eligible veteran or person from a course or courses with respect to which such veteran or person has been paid assistance under this title, mitigating circumstances shall be considered to exist with respect to courses totaling not more than six semester hours or the equivalent thereof; or".

Subsec. (a)(4). Pub. L. 102–83, §5(c)(1), substituted "3686" for "1786".

Subsec. (e). Pub. L. 102–40 substituted "5302" for "3102".

Subsec. (f). Pub. L. 102–83, §5(c)(1), substituted "3482(b) or 3532(a)(2)" for "1682(b) or 1732(a)(2)".

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

Pub. L. 101–237, §412(a), struck out "enrolled in a course which leads to a standard college degree, or a course that meets the requirements of section 1788(a)(7) of this title," after "or eligible person" in cl. (1) of second sentence, redesignated cls. (3) to (5) as (2) to (4), respectively, and struck out former cl. (2) which read as follows: "to any eligible veteran or eligible person enrolled in a course which does not lead to a standard college degree (excluding courses that meet the requirements of section 1788(a)(7) of this title and programs of apprenticeship and programs of other on-job training authorized by section 1787 of this title) for any day of absence in excess of thirty days in a twelve-month period, not counting as absences weekends or legal holidays (or customary vacation periods connected therewith) established by Federal or State law (or in the case of the Republic of the Philippines, Philippine law) during which the institution is not regularly in session and periods (not to exceed five days in any twelve-month period) when the institution is not in session because of teacher conferences or teacher training sessions;", substituted "set forth in clause (1)" for "set forth in clause (1) or (2)" in third sentence, struck out ", and such periods shall not be counted as absences for the purposes of clause (2) of this subsection" before semicolon at end of subcl. (A), and struck out ", but such periods shall be counted as absences for the purposes of clause (2) of this subsection" before punctuation at end of subcls. (B) and (C).

Subsecs. (b), (c), (d)(2). Pub. L. 101–237, §423(b)(1)(A), substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (d)(3). Pub. L. 101–237, §423(b)(2), substituted "Secretary's" for "Administrator's".

Subsec. (d)(5). Pub. L. 101–237, §423(b)(1)(A), substituted "Secretary" for "Administrator" wherever appearing.

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

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

Pub. L. 101–237, §415(a), substituted "the Secretary may withhold payment of benefits to such eligible veteran or eligible person until the required proof is received and the amount of the payment is appropriately adjusted. The Secretary may accept such veteran's or person's monthly certification of enrollment in and satisfactory pursuit of such veteran's or person's program as sufficient proof of the certified matters." for "the Administrator is authorized to withhold the final payment of benefits to such person until the required proof is received and the amount of the final payment is appropriately adjusted."

1988—Subsec. (a)(4). Pub. L. 100–689 inserted ", except that, in the first instance of withdrawal by an eligible veteran or person from a course or courses with respect to which such veteran or person has been paid assistance under this title, mitigating circumstances shall be considered to exist with respect to courses totaling not more than six semester hours or the equivalent thereof" after "circumstances".

1986—Subsec. (a)(1). Pub. L. 99–576, §315(a)(1)(A), inserted "or a course that meets the requirements of section 1788(a)(7) of this title" after "degree".

Subsec. (a)(2). Pub. L. 99–576, §315(a)(1)(B), inserted "courses that meet the requirements of section 1788(a)(7) of this title and" after "excluding".

Subsec. (d)(2). Pub. L. 99–576, §701(59), substituted "person" for "serviceman" after "In the case of a".

Subsec. (f). Pub. L. 99–576, §316, substituted "not later than the last day of" for "during".

1982—Subsec. (a). Pub. L. 97–295, §4(52)(A), and Pub. L. 97–306, §205(c)(1), made identical amendments by substituting "section 1508" for "section 1504".

Subsec. (a)(5). Pub. L. 97–295, §4(52)(B), substituted "than 6 months" for "the 6 months" after "portion is less".

Subsec. (a)(6). Pub. L. 97–306, §205(c)(2)–(4), struck out cl. (6) which provided that no amount would be paid to any eligible veteran or person incarcerated in a Federal, State, or local prison or jail for any course to the extent the tuition and fees of the veteran or person were paid under any Federal program (other than a program administered by the Administrator) or under any State or local program, or for which there were no tuition and fees.

Subsec. (a)(A) to (C). Pub. L. 97–295, §4(52)(C), inserted "of this subsection" after "clause (2)" wherever appearing.

1981—Subsec. (a). Pub. L. 97–35 struck out applicability to flight training program.

1980—Subsec. (a). Pub. L. 96–466, §§341(a), 342, 602(c), in provisions preceding cl. (1) inserted "in, and pursuit of, such program" after "enrollment", in cl. (1) inserted reference to not pursuing a course in accordance with provisions of regulations prescribed by the Administrator pursuant to subsec. (g) of this section and reference to payment for an actual period of pursuit of one or more unit subjects pursued for a period of time shorter than the enrollment period at the educational institution, in cl. (2) inserted reference to periods when the institution is not in session because of teacher conferences or teacher training sessions, and added cl. (6).

Subsec. (d)(2). Pub. L. 96–466, §601(c)(1), struck out "(other than under subchapter VI of chapter 34)" after "who is pursuing a program of education" and substituted "paragraphs (4)(B) and (C) and (5)" for "paragraphs 5(B) and (C) and (6)".

Subsec. (d)(3). Pub. L. 96–466, §601(c)(2), (3), redesignated par. (4) as (3). Former par. (3), which related to the entitlement of a person eligible for education or training under the provisions of subchapter VI of chapter 34 of this title to a lump-sum educational assistance allowance advance payment, was struck out.

Subsec. (d)(4). Pub. L. 96–466, §601(c)(3), (4), redesignated par. (5) as (4) and substituted "paragraph (2)" for "paragraphs (2) and (3)". Former par. (4) redesignated (3).

Subsec. (d)(5), (6). Pub. L. 96–466, §601(c)(4), (5), redesignated par. (6) as (5) and substituted "paragraph (4)" for "paragraph (5)". Former par. (5) redesignated (4).

Subsec. (e). Pub. L. 96–466, §601(d)(1), substituted "under subsection (d)(2) of this section" for "under subsection (d)(2) and (3) of this section".

Subsec. (f). Pub. L. 96–466, §601(d)(2), struck out "(except as provided by subsection (d)(3) of this section)" after "half-time basis".

Subsec. (g). Pub. L. 96–466, §341(b), inserted "and define" after "determine".

1976—Subsec. (a). Pub. L. 94–502, §§505, 506, 513(a)(5), authorized the Administrator to continue allowances to eligible veterans and persons during periods between consecutive school terms where the veteran or person transfers from one approved school to another approved school, provided the period not exceed 30 days, and during periods between a semester, term, or quarter where the educational institution certifies the enrollment of the veteran or person on an individual semester, term, or quarter basis, provided that the period not exceed 1 full calendar month, substituted "such veteran's or person's" for "his", and added cls. (3) to (5).

Subsec. (b). Pub. L. 94–502, §513(a)(5), substituted "spouse or surviving spouse" for "wife or widow" wherever appearing, and "spouse's or surviving spouse's" for "wife's or widow's".

Subsec. (c). Pub. L. 94–502, §513(a)(6), substituted "such veteran's or person's" for "his".

Subsec. (d). Pub. L. 94–502, §513(a)(6)–(8), substituted "persons may need" for "persons need" in cl. (1), "such veteran's or person's" for "his" in two places and inserted provision prohibiting advance payments unless the veteran request them and the Administrator finds that the educational institution has agreed to and can carry out the requirements of cls. (5) (B), (C) and (6) of this subsection in cl. (2), substituted "such veteran's or person's" for "his" in two places and "the veteran or person" for "he" in cl. (4), and "such veteran's or person's" for "his" in cl. (5).

Subsec. (e). Pub. L. 94–502, §513(a)(9)–(11), struck out subsec. (e) which provided for prepayment of subsequent educational assistance or subsistence allowances, redesignated subsec. (f) as (e) and substituted "such veteran or person" for "him".

Subsec. (f). Pub. L. 94–502, §513(a)(10), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

Subsecs. (g), (h). Pub. L. 94–502, §513(a)(10), (12), redesignated subsec. (h) as (g), substituted "which the Administrator shall" for "which he shall", "the veteran or person" for "he", and authorized the Administrator to withhold final payment of benefits to the veteran or person until proof of the veteran's or person's enrollment in and satisfactory pursuit of the educational program is received. Former subsec. (g) redesignated (f).

1974—Subsec. (a)(2). Pub. L. 93–508 substituted "legal holidays (or customary vacation periods connected therewith)" for "legal holidays".

1973—Subsec. (a). Pub. L. 93–208 inserted provisions that the Administrator may continue to pay allowances to eligible veterans and eligible persons enrolled in courses set forth in cl. (1) or (2) of this subsection during periods when the schools are temporarily closed under an established policy based upon an Executive Order of the President or due to an emergency situation, and that such periods shall not be counted as absences for the purposes of cl. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Pub. L. 118–210, title II, §208(b), Jan. 2, 2025, 138 Stat. 2765, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Jan 2, 2025] and apply with respect to a quarter, semester, or term, as applicable, commencing on or after January 1, 2025."

Effective Date of 2021 Amendment

Pub. L. 117–76, §4(b), Dec. 21, 2021, 135 Stat. 1519, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on January 1, 2022, and apply with respect to any semester, term, or academic period that begins on or after that date."

Pub. L. 116–315, title I, §1007(d), Jan. 5, 2021, 134 Stat. 4940, provided that: "The amendments made by this section [amending this section and section 3699 of this title and repealing provisions set out as notes under this section and section 3699 of this title] shall apply as if included in the enactment of section 109 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48; 131 Stat. 978) [see Effective Date of 2017 Amendment note below and Effective Date note set out under section 3699 of this title]."

Effective Date of 2017 Amendment

Pub. L. 115–48, title I, §109(c)(2), Aug. 16, 2017, 131 Stat. 981, provided that: "The amendments made by subsection (b) [amending this section] shall take effect on August 1, 2018, and shall apply with respect to courses and programs of education discontinued as described in section 3699 of title 38, United States Code, as added by such subsection, on or after the date of the enactment of this Act [Aug. 16, 2017]."

Effective Date of 2011 Amendment

Pub. L. 111–377, title II, §206(b), Jan. 4, 2011, 124 Stat. 4127, provided that: "The amendment made by this section [amending this section] shall take effect on August 1, 2011."

Effective Date of 2001 Amendment

Amendment by Pub. L. 107–103 effective Oct. 1, 2002, and applicable with respect to enrollments in courses or programs of education or training beginning on or after that date, see section 104(c) of Pub. L. 107–103, set out as an Effective Date note under section 3014A of this title.

Effective Date of 2000 Amendment

Pub. L. 106–419, title I, §121(b), Nov. 1, 2000, 114 Stat. 1833, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to payments of educational assistance under title 38, United States Code, for months beginning on or after the date of the enactment of this Act [Nov. 1, 2000]."

Effective Date of 1994 Amendment

Amendment by section 605(a)(2)(B) of Pub. L. 103–446 applicable with respect to programs of education exclusively by correspondence and to correspondence-residence courses commencing more than 90 days after Nov. 2, 1994, see section 605(b) of Pub. L. 103–446, set out as a note under section 3672 of this title.

Effective Date of 1991 Amendment

Pub. L. 102–127, §6(b), Oct. 10, 1991, 105 Stat. 623, provided that: "The amendments made by subsection (a) [amending this section] shall take effect as of August 1, 1990."

Effective Date of 1988 Amendment

Pub. L. 100–689, title I, §121(b), Nov. 18, 1988, 102 Stat. 4174, provided that: "The amendment made by subsection (a) [amending this section] shall apply so as to require that mitigating circumstances be considered to exist only with respect to withdrawals from a course or courses being pursued with assistance under title 38, United States Code, that occur on or after June 1, 1989."

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–35 effective Oct. 1, 1981, except as otherwise provided, see section 2006 of Pub. L. 97–35, set out as a note under section 3231 of this title.

Effective Date of 1980 Amendment

Amendment by sections 341 and 342 of 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.

Amendment by sections 601(c), (d) and 602(c) of Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(f) of Pub. L. 96–466, set out as an Effective Date note under section 5314 of this title.

Effective Date of 1976 Amendment

Amendment by section 505 of Pub. L. 94–502 effective Dec. 1, 1976, and amendment by sections 506 and 513(a)(5), (6), (11), (12) of Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b), (c) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Pub. L. 94–502, title V, §513(b), Oct. 15, 1976, 90 Stat. 2404, provided that: "The amendments made by paragraphs (7), (8), (9), and (10) of subsection (a) [amending this section] shall take effect June 1, 1977, and shall apply with respect to educational assistance allowances and subsistence allowances paid under title 38, United States Code, for months after May 1977."

Effective Date of 1974 Amendment

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

Effective Date

Pub. L. 92–540, title VI, §603, Oct. 24, 1972, 86 Stat. 1099, provided that:

"(a) The prepayment provisions of subsection (e) of section 1780 [now 3680] of title 38, United States Code (as added by section 201 of this Act), shall become effective on November 1, 1972.

"(b) The advance payment provisions of section 1780 [now 3680] of title 38, United States Code (as added by section 201 of this Act), shall become effective on August 1, 1973, or at such time prior thereto as the Administrator of Veterans' Affairs shall specify in a certification filed with the Committees on Veterans' Affairs of the Congress."

Payment of VA Educational Assistance via Electronic Fund Transfer to a Foreign Institution of Higher Education

Pub. L. 118–210, title II, §214, Jan. 2, 2025, 138 Stat. 2774, provided that: "Not later than 90 days after the date of the enactment of this Act [Jan. 2, 2025], the Secretary of Veterans Affairs shall update the payment system of the Department of Veterans Affairs to allow for electronic fund transfer of educational assistance, administered by the Secretary, to a foreign institution of higher education that—

"(1) provides an approved course of education to an eligible recipient of such assistance; and

"(2) does not have—

"(A) an employer identification number; or

"(B) an account with a domestic bank."

Payment of Allowances to Veterans Enrolled in Educational Institutions Closed for Emergency Situations

Pub. L. 116–140, §4, Apr. 28, 2020, 134 Stat. 632, as amended by Pub. L. 116–315, title I, §§1107(b), 1108, Jan. 5, 2021, 134 Stat. 4966, which temporarily authorized payment of allowances to eligible veterans or persons enrolled in educational institutions or training establishments that were closed or suspended due to emergency situations, was repealed by Pub. L. 117–333, §6(b), Jan. 5, 2023, 136 Stat. 6129. See subsec. (h) of this section.

Restoration of Entitlement: Payment of Subsistence Allowances

Pub. L. 116–140, §7(b), Apr. 28, 2020, 134 Stat. 634, which provided that the Secretary of Veterans Affairs was to apply subsec. (a)(2)(B) of this section as if certain amendments had been made, was repealed by Pub. L. 116–315, title I, §1007(c), Jan. 5, 2021, 134 Stat. 4940. See 2021 Amendment note above.

Prompt Payments

Pub. L. 115–407, title I, §103(b), Dec. 31, 2018, 132 Stat. 5370, provided that:

"(1) In general.—The Secretary of Veterans Affairs shall take such actions as may be necessary to ensure that the Secretary makes a payment to an educational institution on behalf of an individual, who is entitled to educational assistance under chapter 31 or 33 of title 38, United States Code, and who is using such assistance to pursue a program of education at the educational institution, not later than 60 days after the date on which the educational institution certifies to the Secretary the applicable tuition and fees for the individual.

"(2) Semiannual reports.—Not later than May 1 and October 1 of each year, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a semiannual report summarizing any cases in which the Secretary failed to make a payment described in paragraph (1) within the period set forth in such paragraph and an explanation for each delayed disbursement of payment."

Study of Tuition Assistance Allowance Program Abuses

Pub. L. 93–508, title I, §105, Dec. 3, 1974, 88 Stat. 1581, authorized the Administrator to study the potential administrative difficulties and abuses that would arise if some form of variable tuition assistance allowance program were enacted after consideration of past difficulties and abuses which arose after the Second World War and such difficulties and abuses as were being experienced by the Veterans' Administration in managing certain current programs, and to report to the Congress and the President his findings and recommendations for legislative and administrative action no later than one year after Dec. 3, 1974.

Executive Documents

Ex. Ord. No. 12020. Payment of Benefits When Schools Are Temporarily Closed To Conserve Energy

Ex. Ord. No. 12020, Nov. 8, 1977, 42 F.R. 58509, provided:

By virtue of the authority vested in me by clause (A) of Section 1780(a) [now 3680(a)] of Title 38 of the United States Code, and as President of the United States of America, in order to establish a national policy in regard to payment of educational benefits to veterans and their dependents during periods in which schools are closed to conserve energy, it is hereby ordered as follows:

Section 1. Whenever an educational institution submits evidence which satisfies the Administrator of Veterans' Affairs that energy consumption will be abnormally high during the winter months or that available energy supplies will be inadequate to meet the needs of the school, and that, in the interest of energy conservation, the institution plans to close between semesters or terms for a period not to exceed 45 days, the Administrator may continue to pay monthly educational assistance benefits to veterans and eligible persons enrolled in such schools. Such authority may be exercised only once during any 12-month period with respect to any educational institution.

Sec. 2. The Administrator shall advise veterans and other eligible persons of the effect of accepting educational assistance benefits under the provisions of Section 1 of this Order on their period of entitlement.

Jimmy Carter.
38 U.S.C. § 1119 (2024) — Title 38: VETERANS' BENEFITS / Chapter 11 / Subchapter II / Section 1119: Presumptions of toxic exposure
Presumptions of toxic exposure
Status: in_force

(a) Consideration of Records.—If a veteran submits to the Secretary a claim for compensation for a service-connected disability under section 1110 of this title with evidence of a disability and a toxic exposure that occurred during active military, naval, air, or space service, the Secretary may, in adjudicating such claim, consider—

(1) any record of the veteran in an exposure tracking record system; and

(2) if no record of the veteran in an exposure tracking record system indicates that the veteran was subject to a toxic exposure during active military, naval, air, or space service, the totality of the circumstances of the service of the veteran.

(b) Presumption of Specific Toxic Exposure for Members Who Served in Certain Locations.—(1) The Secretary shall, for purposes of section 1110 and chapter 17 of this title, presume that any covered veteran was exposed to the substances, chemicals, and airborne hazards identified in the list under paragraph (2) during the service of the covered veteran specified in subsection (c)(1), unless there is affirmative evidence to establish that the covered veteran was not exposed to any such substances, chemicals, or hazards in connection with such service.

(2) The Secretary shall—

(A) establish and maintain a list that contains an identification of one or more such substances, chemicals, and airborne hazards as the Secretary, in collaboration with the Secretary of Defense, may determine appropriate for purposes of this section; and

(B) determine, using procedures consistent with section 1172 of this title and through the conduct of a formal evaluation under section 1173 of this title, whether to establish an end date for a covered veteran to qualify for presumptions of exposure under this section, if appropriate, but in no case establish an end date earlier than the last day of the period specified in section 101(33) for the Persian Gulf War.

(3) Beginning not later than two years after the date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, and not less frequently than once every two years thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report identifying any additions or removals to the list under paragraph (2) during the period covered by the report.

(c) Definitions.—In this section:

(1) The term "covered veteran" means any veteran who—

(A) on or after August 2, 1990, performed active military, naval, air, or space service while assigned to a duty station in, including airspace above—

(i) Bahrain;

(ii) Iraq;

(iii) Kuwait;

(iv) Oman;

(v) Qatar;

(vi) Saudi Arabia;

(vii) Somalia; or

(viii) United Arab Emirates; or

(B) on or after September 11, 2001, performed active military, naval, air, or space service while assigned to a duty station in, including airspace above—

(i) Afghanistan;

(ii) Djibouti;

(iii) Egypt;

(iv) Jordan;

(v) Lebanon;

(vi) Syria;

(vii) Yemen;

(viii) Uzbekistan; or

(ix) any other country determined relevant by the Secretary.

(2) The term "exposure tracking record system"—

(A) means any system, program, or pilot program used by the Secretary of Veterans Affairs or the Secretary of Defense to track how veterans or members of the Armed Forces have been exposed to various occupational or environmental hazards; and

(B) includes the Individual Longitudinal Exposure Record, or successor system.

(3) The term "toxic exposure risk activity" has the meaning given such term in section 1710(e)(4) of this title.

(Added Pub. L. 117–168, title III, §302, Aug. 10, 2022, 136 Stat. 1777.)

Editorial Notes

References in Text

The date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsec. (b)(3), is the date of enactment of Pub. L. 117–168, which was approved Aug. 10, 2022.