38 U.S.C. § 8103 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter I / Section 8103: Authority to construct and alter, and to acquire sites for, medical facilities
Authority to construct and alter, and to acquire sites for, medical facilities
Status: in_force

(a) Subject to section 8104 of this title, the Secretary—

(1) may construct or alter any medical facility and may acquire, by purchase, lease, condemnation, donation, exchange, or otherwise, such land or interests in land as the Secretary considers necessary for use as the site for such construction or alteration;

(2) may acquire, by purchase, lease, condemnation, donation, exchange, or otherwise, any facility (including the site of such facility) that the Secretary considers necessary for use as a medical facility; and

(3) in order to assure compliance with section 8110(a)(2) of this title, in the case of any outpatient medical facility for which it is proposed to lease space and for which a qualified lessor and an appropriate leasing arrangement are available, shall execute a lease for such facility within 12 months after funds are made available for such purpose.

(b) Whenever the Secretary considers it to be in the interest of the United States to construct a new medical facility to replace an existing medical facility, the Secretary (1) may demolish the existing facility and use the site on which it is located for the site of the new medical facility, or (2) if in the judgment of the Secretary it is more advantageous to construct such medical facility on a different site in the same locality, may exchange such existing facility and the site of such existing facility for the different site.

(c) Whenever the Secretary determines that any site acquired for the construction of a medical facility is not suitable for that purpose, the Secretary may exchange such site for another site to be used for that purpose or may sell such site.

(d)(1) The Secretary may provide for the acquisition of not more than three facilities for the provision of outpatient services or nursing home care through lease-purchase arrangements on real property under the jurisdiction of the Department of Veterans Affairs.

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

(B) Such real property shall be used as the site of a facility referred to in paragraph (1) of this subsection—

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

(ii) leased under paragraph (3)(A) of this subsection to the Department for such use and for such other activities as the Secretary determines are appropriate.

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

(B) Each agreement to lease a facility under subparagraph (A) of this paragraph shall include a provision that—

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

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

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

(i) the rental rate paid by the Secretary for such space under paragraph (3) of this subsection; plus

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

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

(5) The Secretary shall use the receipts of any payment for the lease of real property under paragraph (2) for the payment of the lease of a facility under paragraph (3).

(6) The authority to enter into an agreement under this subsection—

(A) shall not take effect until the Secretary has entered into agreements under section 316 of this title to carry out at least three collocations; and

(B) shall expire on October 1, 1993.

(e)(1) In the case of any super construction project, the Secretary shall enter into an agreement with an appropriate non-Department Federal entity to provide full project management services for the super construction project, including management over the project design, acquisition, construction, and contract changes.

(2) An agreement entered into under paragraph (1) with a Federal entity shall provide that the Secretary shall reimburse the Federal entity for all costs associated with the provision of project management services under the agreement.

(3) In this subsection, the term "super construction project" means a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100,000,000.

(f) To the maximum extent practicable, the Secretary shall use industry standards, standard designs, and best practices in carrying out the construction of medical facilities.

(g)(1)(A) Not later than September 30 of the fiscal year following the fiscal year during which the VA Asset and Infrastructure Review Act of 2018 is enacted, the Secretary shall implement the covered training curriculum and the covered certification program.

(B) In designing and implementing the covered training curriculum and the covered certification program under paragraph (1), the Secretary shall use as models existing training curricula and certification programs that have been established under chapter 87 of title 10, United States Code, as determined relevant by the Secretary.

(2) The Secretary may develop the training curriculum under paragraph (1)(A) in a manner that provides such training in any combination of—

(A) training provided in person;

(B) training provided over an internet website; or

(C) training provided by another department or agency of the Federal Government.

(3) The Secretary may develop the certification program under paragraph (1)(A) in a manner that uses—

(A) one level of certification; or

(B) more than one level of certification, as determined appropriate by the Secretary with respect to the level of certification for different grades of the General Schedule.

(4) The Secretary may enter into a contract with an appropriate entity to provide the covered training curriculum and the covered certification program under paragraph (1)(A).

(5)(A) Not later than September 30 of the second fiscal year following the fiscal year during which the VA Asset and Infrastructure Review Act of 2018 is enacted, the Secretary shall ensure that the majority of employees subject to the covered certification program achieve the certification or the appropriate level of certification pursuant to paragraph (3), as the case may be.

(B) After carrying out subparagraph (A), the Secretary shall ensure that each employee subject to the covered certification program achieves the certification or the appropriate level of certification pursuant to paragraph (3), as the case may be, as quickly as practicable.

(6) In this subsection:

(A) The term "covered certification program" means, with respect to employees of the Department of Veterans Affairs who are members of occupational series relating to construction or facilities management, or employees of the Department who award or administer contracts for major construction, minor construction, or nonrecurring maintenance, including as contract specialists or contracting officers' representatives, a program to certify knowledge and skills relating to construction or facilities management and to ensure that such employees maintain adequate expertise relating to industry standards and best practices for the acquisition of design and construction services.

(B) The term "covered training curriculum" means, with respect to employees specified in subparagraph (A), a training curriculum relating to construction or facilities management.

(h)(1) Notwithstanding any other provision of law requiring the use of competitive procedures, including section 3301 of title 41, when the Secretary determines it to be in the best interest of the Department, the Secretary may enter into a lease with an academic affiliate or covered entity to acquire space for the purpose of providing health-care resources to veterans.

(2) In this subsection:

(A) The term "academic affiliate" means an institution or organization described in section 7302(d) of this title.

(B) The term "covered entity" means a unit or subdivision of a State, local, or municipal government, public or nonprofit agency, institution, or organization, or other institution or organization as the Secretary considers appropriate that owns property controlled by an academic affiliate to be leased under this subsection.

(C) The term "health-care resource" has the meaning given that term in section 8152(1) of this title.

(D) The term "space" means any room, unit, floor, wing, building, parking facility, or other subdivision of a building or facility owned or controlled by an academic affiliate.

(Added Pub. L. 96–22, title III, §301(a), June 13, 1979, 93 Stat. 56, §5003; amended Pub. L. 101–237, title VI, §603(b), Dec. 18, 1989, 103 Stat. 2097; renumbered §8103 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103–446, title XII, §1201(d)(16), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 114–58, title V, §502(a), Sept. 30, 2015, 129 Stat. 537; Pub. L. 114–315, title VIII, §801(a), Dec. 16, 2016, 130 Stat. 1590; Pub. L. 115–182, title II, §211, June 6, 2018, 132 Stat. 1460; Pub. L. 117–168, title VII, §704, Aug. 10, 2022, 136 Stat. 1799; Pub. L. 117–263, div. E, title LI, §5124(c), Dec. 23, 2022, 136 Stat. 3211.)

Editorial Notes

References in Text

The fiscal year during which the VA Asset and Infrastructure Review Act of 2018 is enacted, referred to in subsec. (g)(1)(A), (5)(A), is the fiscal year during which Pub. L. 115–182, which was approved June 6, 2018, was enacted.

Amendments

2022—Subsec. (h). Pub. L. 117–168 added subsec. (h).

Subsec. (h)(1). Pub. L. 117–263 substituted "section 3301 of title 41" for "section 2304 of title 10".

2018—Subsec. (g). Pub. L. 115–182 amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: "The Secretary shall ensure that each employee of the Department with responsibilities, as determined by the Secretary, relating to the infrastructure construction or alteration of medical facilities, including such construction or alteration carried out pursuant to contracts or agreements, undergoes a program of ongoing professional training and development. Such program shall be designed to ensure that employees maintain adequate expertise relating to industry standards and best practices for the acquisition of design and construction services. The Secretary may provide the program under this subsection directly or through a contract or agreement with a non-Federal entity or with a non-Department Federal entity."

2016—Subsecs. (f), (g). Pub. L. 114–315 added subsecs. (f) and (g).

2015—Subsec. (e). Pub. L. 114–58 added subsec. (e).

1994—Subsec. (d)(6)(A). Pub. L. 103–446 substituted "section 316" for "section 230(c)".

1991—Pub. L. 102–40, §402(b)(1), renumbered section 5003 of this title as this section.

Subsec. (a). Pub. L. 102–83 substituted "Secretary" for "Administrator" wherever appearing.

Pub. L. 102–40, §402(d)(1), substituted "8104" for "5004" in introductory provisions and "8110(a)(2)" for "5010(a)(2)" in par. (3).

Subsecs. (b), (c). Pub. L. 102–83 substituted "Secretary" for "Administrator" wherever appearing.

1989—Subsec. (d). Pub. L. 101–237 added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Pub. L. 117–263 effective as if included in the enactment of the Honoring our PACT Act of 2022 (Public Law 117–168), see section 524(d) of Pub. L. 117–263, set out as a note under section 1120 of this title.

Effective Date of 2015 Amendment

Pub. L. 114–58, title V, §502(b), Sept. 30, 2015, 129 Stat. 538, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to the following:

"(1) The medical facility construction project in Denver, Colorado, specified in section 2 of the Construction Authorization and Choice Improvement Act (Public Law 114–19; 129 Stat. 215).

"(2) Any super construction project (as defined in section 8103(e)(3) of title 38, United States Code, as added by subsection (a)) that is authorized on or after the date of the enactment of this Act [Sept. 30, 2015]."

Effective Date

Section effective Oct. 1, 1979, but not applicable with respect to the acquisition, construction, or alteration of any medical facilities if the acquisition, construction, or alteration (not including exchange) was approved by the President before Oct. 1, 1979, see section 302 of Pub. L. 96–22, set out as a note under section 8101 of this title.

Communities Helping Invest Through Property and Improvements Needed for Veterans

Pub. L. 114–294, Dec. 16, 2016, 130 Stat. 1504, as amended by Pub. L. 117–42, §4, Sept. 30, 2021, 135 Stat. 342; Pub. L. 117–263, div. E, title LI, §5125(a), Dec. 23, 2022, 136 Stat. 3211, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016' or the 'CHIP IN for Vets Act of 2016'.

"SEC. 2. PILOT PROGRAM ON ACCEPTANCE BY THE DEPARTMENT OF VETERANS AFFAIRS OF DONATED FACILITIES AND RELATED IMPROVEMENTS.

"(a) Pilot Program Authorized.—

"(1) In general.—Notwithstanding sections 8103 and 8104 of title 38, United States Code, the Secretary of Veterans Affairs may carry out a pilot program under which the Secretary may accept donations of the following property from entities described in paragraph (2):

"(A) Real property (including structures and equipment associated therewith)—

"(i) that includes a constructed facility; or

"(ii) to be used as the site of a facility constructed by the entity.

"(B) A facility to be constructed by the entity on real property of the Department of Veterans Affairs.

"(2) Entities described.—Entities described in this paragraph are the following:

"(A) A State or local authority.

"(B) An organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)] and is exempt from taxation under section 501(a) of such Code [26 U.S.C. 501(a)].

"(C) A limited liability corporation.

"(D) A private entity.

"(E) A donor or donor group.

"(F) Any other non-Federal Government entity.

"(3) Limitation.—The Secretary may accept not more than five donations of real property and facility improvements under the pilot program and as described in this section.

"(b) Conditions for Acceptance of Property.—The Secretary may accept the donation of a property described in subsection (a)(1) under the pilot program only if—

"(1) the property is—

"(A) a property with respect to which funds have been appropriated for a Department facility project or for which funds are available from the Construction, Minor Projects, or Construction, Major Projects appropriations accounts; or

"(B) a property identified as—

"(i) meeting a need of the Department as part of the long-range capital planning process of the Department; and

"(ii) the location for a Department facility project that is included on the Strategic Capital Investment Planning process priority list in the most recent budget submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code; and

"(2) an entity described in subsection (a)(2) has entered into or is willing to enter into a formal agreement with the Secretary in accordance with subsection (c) under which the entity agrees to independently donate the real property, improvements, goods, or services, for the Department facility project in an amount acceptable to the Secretary and at no additional cost to the Federal Government.

"(c) Requirement To Enter Into an Agreement.—

"(1) In general.—The Secretary may accept real property and improvements donated under the pilot program by an entity described in subsection (a)(2) only if the entity enters into a formal agreement with the Secretary that provides for—

"(A) the donation of real property and improvements (including structures and equipment associated therewith) that includes a constructed facility; or

"(B) the construction by the entity of a facility on—

"(i) real property and improvements of the Department of Veterans Affairs; or

"(ii) real property and improvements donated to the Department by the entity.

"(2) Content of formal agreements.—With respect to an entity described in subsection (a)(2) that seeks to enter into a formal agreement under paragraph (1) of this subsection that includes the construction by the entity of a facility, the formal agreement shall provide for the following:

"(A) The entity shall conduct all necessary environmental and historic preservation due diligence, shall comply with all local zoning requirements (except for studies and consultations required of the Department under Federal law), and shall obtain all permits required in connection with the construction of the facility.

"(B) The entity shall use construction standards required of the Department when designing, repairing, altering, or building the facility, except to the extent the Secretary determines otherwise, as permitted by applicable law.

"(C) The entity shall provide the real property, improvements, goods, or services in a manner described in subsection (b)(2) sufficient to complete the construction of the facility, at no additional cost to the Federal Government.

"(d) No Payment of Rent or Usage Fees.—The Secretary may not pay rent, usage fees, or any other amounts to an entity described in subsection (a)(2) or any other entity for the use or occupancy of real property or improvements donated under this section.

"(e) Funding.—

"(1) From department.—

"(A) In general.—Except as otherwise provided in this paragraph, the Secretary may not provide funds to help the entity finance, design, or construct a facility in connection with real property and improvements donated under the pilot program by an entity described in subsection (a)(2) that are in addition to the funds appropriated for the facility or funds already generally available in the Construction, Minor Projects, or Construction, Major Projects appropriations accounts as of the date on which the Secretary and the entity enter into a formal agreement under subsection (c) for the donation of the real property and improvements.

"(B) Unobligated amounts.—The Secretary may provide additional funds to help an entity described in subsection (a)(2) finance, design, or construct a facility in connection with real property and improvements to be donated under the pilot program and proposed to be accepted by the Secretary under subsection (b)(1)(B) if—

"(i) the Secretary determines that doing so is in the best interest of the Department and consistent with the mission of the Department; and

"(ii) funding provided under this subparagraph—

     "(I) is in addition to amounts that have been appropriated for the facility before the date on which the Secretary and the entity enter into a formal agreement under subsection (c) for the construction and donation of the real property and improvements; and

     "(II) is derived only from amounts that—

"(aa) are unobligated balances available in the Construction, Minor Projects, or Construction, Major Projects appropriations accounts of the Department that—

 "(AA) are not associated with a specific project; or

 "(BB) are amounts that are associated with a specific project, but are unobligated because they are the result of bid savings; and

"(bb) were appropriated to such an account before the date described in subclause (I).

"(C) Escalation clauses.—

"(i) In general.—The Secretary may include an escalation clause in a formal agreement under subsection (c) that authorizes an escalation of not more than an annual amount based on a rate established in the formal agreement and mutually agreed upon by the Secretary and an entity to account for inflation for an area if the Secretary determines, after consultation with the head of an appropriate Federal entity that is not part of the Department, that such escalation is necessary and in the best interest of the Department.

"(ii) Use of existing amounts.—The Secretary may obligate funds pursuant to clause (i) in connection with a formal agreement under subsection (c) using amounts that—

     "(I) are unobligated balances available in the Construction, Minor Projects, or Construction, Major Projects appropriations accounts of the Department that—

"(aa) are not associated with a specific project; or

"(bb) are amounts that are associated with a specific project, but are unobligated because they are the result of bid savings; and

     "(II) were appropriated to such an account before the date on which the Secretary and the entity entered into the formal agreement.

"(D) Availability.—Unobligated amounts shall be available pursuant to subparagraphs (B) and (C) only to the extent and in such amounts as provided in advance in appropriations Acts subsequent to the date of the enactment of this subparagraph, subject to subparagraph (E).

"(E) Limitation.—Unobligated amounts made available pursuant to subparagraphs (B) and (C) may not exceed 40 percent of the amount appropriated for the facility before the date on which the Secretary and the entity entered into a formal agreement under subsection (c).

"(F) Terms and conditions.—The Secretary shall provide funds pursuant to this paragraph under such terms, conditions, and schedule as the Secretary determines appropriate.

"(2) From entity.—An entity described in subsection (a)(2) that is donating a facility constructed by the entity under the pilot program shall be required, pursuant to a formal agreement entered into under subsection (c), to provide other funds in addition to the amounts provided by the Department under paragraph (1) that are needed to complete construction of the facility.

"(f) Application.—An entity described in subsection (a)(2) that seeks to donate real property and improvements under the pilot program shall submit to the Secretary an application to address needs relating to facilities of the Department, including health care needs, identified in the Construction and Long-Range Capital Plan of the Department, at such time, in such manner, and containing such information as the Secretary may require.

"(g) Information on Donations and Related Projects.—

"(1) In general.—The Secretary shall include in the budget submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code, information regarding real property and improvements donated under the pilot program during the year preceding the submittal of the budget and the status of facility projects relating to that property.

"(2) Elements.—Information submitted under paragraph (1) shall provide a detailed status of donations of real property and improvements conducted under the pilot program and facility projects relating to that property, including the percentage completion of the donations and projects.

"(h) Biennial Report of Comptroller General of the United States.—Not less frequently than once every 2 years until the termination date set forth in subsection (i), the Comptroller General of the United States shall submit to Congress a report on the donation agreements entered into under the pilot program.

"(i) Termination.—The authority for the Secretary to accept donations under the pilot program shall terminate on December 16, 2026.

"(j) Rules of Construction.—

"(1) Entering arrangements and agreements.—Nothing in this section shall be construed as a limitation on the authority of the Secretary to enter into other arrangements or agreements that are authorized by law and not inconsistent with this section.

"(2) Treatment of assistance.—Nothing provided under this section shall be treated as Federal financial assistance as defined in section 200.40 of title 2, Code of Federal Regulations, as in effect on February 21, 2021."

[Pub. L. 117–263, div. E, title LI, §5125(b), Dec. 23, 2022, 136 Stat. 3213, provided that: "Each agreement entered into under section (2)(c) [probably means "section 2(c)"] of such Act [Pub. L. 114–294, set out above] before the date of the enactment of this Act [Dec. 23, 2022] that was in effect on the date of the enactment of this Act may be amended to incorporate terms authorized by subparagraphs (B) and (C) of section 2(e)(1) of such Act, as added by subsection (a)(2)(D) of this section."]

Designation of Construction Agent for Certain Construction Projects by Department of Veterans Affairs

Pub. L. 114–92, div. A, title X, §1096, Nov. 25, 2015, 129 Stat. 1020, provided that:

"(a) In General.—The Secretary of Veterans Affairs shall seek to enter into an agreement subject to subsections (b), (c), and (e) of section 1535 of title 31, United States Code, with the Army Corps of Engineers or another entity of the Federal Government to serve, on a reimbursable basis, as the construction agent for the construction, alteration, or acquisition of any medical facility of the Department of Veterans Affairs specifically authorized by Congress after the date of the enactment of this Act [Nov. 25, 2015] that involves a total expenditure of more than $100,000,000, excluding any acquisition by exchange.

"(b) Agreement.—Under the agreement entered into under subsection (a), the construction agent shall provide design, procurement, and construction management services for the construction, alteration, and acquisition of medical facilities of the Department."

Development of Medical-Facility Modular Components

Pub. L. 99–166, title III, §304, Dec. 3, 1985, 99 Stat. 956, directed Administrator of Veterans' Affairs, not later than one year after Dec. 3, 1985, to develop a modular approach to planning and design of an appropriate Veterans' Administration medical facility for furnishing of hospital care.
38 U.S.C. § 1720B (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter II / Section 1720B: Respite care
Respite care
Status: in_force

(a) The Secretary may furnish respite care services to a veteran who is enrolled to receive care under section 1710 of this title.

(b) For the purpose of this section, the term "respite care services" means care and services which—

(1) are of limited duration;

(2) are furnished on an intermittent basis to a veteran who is suffering from a chronic illness and who resides primarily at home; and

(3) are furnished for the purpose of helping the veteran to continue residing primarily at home.

(c) In furnishing respite care services, the Secretary may enter into contract arrangements.

(Added Pub. L. 99–576, title II, §201(a)(1), Oct. 28, 1986, 100 Stat. 3254, §620B; amended Pub. L. 101–237, title II, §201(a), Dec. 18, 1989, 103 Stat. 2066; renumbered §1720B 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. 102–585, title V, §502, Nov. 4, 1992, 106 Stat. 4955; Pub. L. 106–117, title I, §101(e), Nov. 30, 1999, 113 Stat. 1549.)

Editorial Notes

Amendments

1999—Subsec. (a). Pub. L. 106–117, §101(e)(1), substituted "enrolled" for "eligible".

Subsec. (b). Pub. L. 106–117, §101(e)(2), in introductory provisions, substituted "the term 'respite care services' means care and services" for "the term 'respite care' means hospital or nursing home care", in par. (1) substituted "are" for "is", in par. (2) substituted "are" for "is" and struck out "in a Department facility" after "furnished", and in par. (3) substituted "are" for "is".

Subsec. (c). Pub. L. 106–117, §101(e)(3), added subsec. (c).

1992—Subsec. (c). Pub. L. 102–585 struck out subsec. (c) which read as follows: "The authority provided by this section terminates on September 30, 1992."

1991—Pub. L. 102–83, §5(a), renumbered section 620B of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "1710" for "610".

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

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

1989—Subsec. (c). Pub. L. 101–237 substituted "September 30, 1992" for "September 30, 1989".

Statutory Notes and Related Subsidiaries

Ratification of Actions of Secretary of Veterans Affairs During Transition Periods

Pub. L. 101–237, title VI, §604, Dec. 18, 1989, 103 Stat. 2097, ratified actions of the Secretary of Veterans Affairs in carrying out this section, section 115 of Pub. L. 100–322 [38 U.S.C. 1712 note], section 618 of Pub. L. 100–440 [5 U.S.C. 6302 note], or section 1829 [now 3729] of this title, by contract or otherwise, during the period beginning Dec. 1, 1989, and ending Dec. 18, 1989.

Pub. L. 101–110, §3(b), Oct. 6, 1989, 103 Stat. 682, ratified actions of the Secretary of Veterans Affairs in carrying out this section, section 115 of Pub. L. 100–322 [38 U.S.C. 1712 note], section 618 of Pub. L. 100–440 [5 U.S.C. 6302 note], or section 1829 [now 3729] of this title, by contract or otherwise, during the period beginning Oct. 1, 1989, and ending Oct. 6, 1989.

Interim Extension of Respite Care Program

Pub. L. 101–110, §1(a), Oct. 6, 1989, 103 Stat. 682, provided that: "Notwithstanding the provisions of subsection (c) of section 620B [now 1720B] of title 38, United States Code, the authority provided by such section shall terminate on November 30, 1989."

Report

Pub. L. 99–576, title II, §201(b), Oct. 28, 1986, 100 Stat. 3254, provided that if the Administrator of Veterans' Affairs furnished respite care under this section, the Administrator was to conduct an evaluation of the health efficacy and cost-effectiveness of furnishing such care and submit to the Committees on Veterans' Affairs of the Senate and House of Representatives not later than Feb. 1, 1989, a report containing the results of such evaluation and appropriate recommendations.
38 U.S.C. § 8117 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter I / Section 8117: Emergency preparedness
Emergency preparedness
Status: in_force

(a) Readiness of Department Medical Centers.—(1) The Secretary shall take appropriate actions to provide for the readiness of Department medical centers to protect the patients and staff of such centers from a public health emergency (as defined in section 2801 of the Public Health Service Act) or otherwise to respond to such an emergency so as to enable such centers to fulfill their obligations as part of the Federal response to such emergencies.

(2) Actions under paragraph (1) shall include—

(A) the provision of decontamination equipment and personal protection equipment at Department medical centers;

(B) the provision of training in the use of such equipment to staff of such centers;

(C) organizing, training, and equipping the staff of such centers to support the activities carried out by the Secretary of Health and Human Services under section 2801 of the Public Health Service Act in the event of a public health emergency and incidents covered by the National Response Plan developed pursuant to section 502(6) 1 of the Homeland Security Act of 2002, or any successor plan; and

(D) providing medical logistical support to the National Disaster Medical System and the Secretary of Health and Human Services as necessary, on a reimbursable basis, and in coordination with other designated Federal agencies.

(b) Security at Department Medical and Research Facilities.—(1) The Secretary shall take appropriate actions to provide for the security of Department medical centers and research facilities, including staff and patients at such centers and facilities.

(2) In taking actions under paragraph (1), the Secretary shall take into account the results of the evaluation of the security needs at Department medical centers and research facilities required by section 154(b)(1) of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Public Law 107–188; 116 Stat. 631), including the results of such evaluation relating to the following needs:

(A) Needs for the protection of patients and medical staff during emergencies, including a chemical or biological attack or other terrorist attack.

(B) Needs, if any, for screening personnel engaged in research relating to biological pathogens or agents, including work associated with such research.

(C) Needs for securing laboratories or other facilities engaged in research relating to biological pathogens or agents.

(c) Tracking of Pharmaceuticals and Medical Supplies and Equipment.—The Secretary shall develop and maintain a centralized system for tracking the current location and availability of pharmaceuticals, medical supplies, and medical equipment throughout the Department health care system in order to permit the ready identification and utilization of such pharmaceuticals, supplies, and equipment for a variety of purposes, including response to a public health emergency. The Secretary shall, through existing medical procurement contracts, and on a reimbursable basis, make available as necessary, medical supplies, equipment, and pharmaceuticals in response to a public health emergency in support of the Secretary of Health and Human Services.

(d) Training.—The Secretary shall ensure that the Department medical centers, in consultation with the accredited medical school affiliates of such medical centers, implement curricula to train resident physicians and health care personnel in medical matters relating to public health emergencies or attacks from an incendiary or other explosive weapon consistent with section 319F(a) of the Public Health Service Act.

(e) Participation in National Disaster Medical System.—(1) The Secretary shall establish and maintain a training program to facilitate the participation of the staff of Department medical centers, and of the community partners of such centers, in the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11).

(2) The Secretary shall establish and maintain the training program under paragraph (1) in accordance with the recommendations of the working group on the prevention, preparedness, and response to public health emergencies established under section 319F of the Public Health Service Act (42 U.S.C. 247d–6).

(3) The Secretary shall establish and maintain the training program under paragraph (1) in consultation with the following:

(A) The Secretary of Defense.

(B) The Secretary of Health and Human Services.

(C) The Administrator of the Federal Emergency Management Agency.

(f) Mental Health Counseling.—(1) With respect to activities conducted by personnel serving at Department medical centers, the Secretary shall develop and maintain various strategies for providing mental health counseling and assistance, including counseling and assistance for post-traumatic stress disorder, following a bioterrorist attack or other public health emergency to the following persons:

(A) Veterans.

(B) Local and community emergency response providers.

(C) Active duty military personnel.

(D) Individuals seeking care at Department medical centers.

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

(A) Training and certification of providers of mental health counseling and assistance.

(B) Mechanisms for coordinating the provision of mental health counseling and assistance to emergency response providers referred to in paragraph (1).

(3) The Secretary shall develop and maintain the strategies under paragraph (1) in consultation with the Secretary of Health and Human Services, the American Red Cross, and the working group referred to in subsection (e)(2).

(g) Authorization of Appropriations.—There are authorized to be appropriated, $155,300,000 for each of fiscal years 2019 through 2028 to carry out this section.

(Added Pub. L. 107–287, §6(a)(1), Nov. 7, 2002, 116 Stat. 2030; amended Pub. L. 109–295, title VI, §612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 109–417, title III, §306, Dec. 19, 2006, 120 Stat. 2863; Pub. L. 110–387, title IX, §901(a)(7), Oct. 10, 2008, 122 Stat. 4142; Pub. L. 111–275, title X, §1001(p)(2), Oct. 13, 2010, 124 Stat. 2897; Pub. L. 113–5, title I, §105, Mar. 13, 2013, 127 Stat. 170; Pub. L. 116–22, title VII, §701(a), June 24, 2019, 133 Stat. 961; Pub. L. 118–19, §3, Oct. 6, 2023, 137 Stat. 106.)

Editorial Notes

References in Text

Section 2801 of the Public Health Service Act, referred to in subsec. (a)(1), is classified to section 300hh of Title 42, The Public Health and Welfare.

Section 502 of the Homeland Security Act of 2002, referred to in subsec. (a)(2)(C), probably means section 502 of Pub. L. 107–296 prior to its redesignation as section 504 by Pub. L. 109–295, §611(8), and reclassification as section 314 of Title 6, Domestic Security, and not section 506 of Pub. L. 107–296 which was redesignated section 502 by Pub. L. 109–295, §611(9), and is classified to section 312 of Title 6. Provisions relating to the National Response Plan are contained in section 314(a)(6) of Title 6.

Section 154(b)(1) of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, referred to in subsec. (b)(2), is section 154(b)(1) of Pub. L. 107–188, which is set out as a note below.

Amendments

2023—Subsec. (g). Pub. L. 118–19 substituted "2028" for "2023".

2019—Subsec. (g). Pub. L. 116–22 substituted "2019 through 2023" for "2014 through 2018".

2013—Subsec. (g). Pub. L. 113–5 substituted "$155,300,000 for each of fiscal years 2014 through 2018 to carry out this section" for "such sums as may be necessary to carry out this section for each of fiscal years 2007 through 2011".

2010—Subsec. (e)(1). Pub. L. 111–275, §1001(p)(2)(A), substituted "(42 U.S.C. 300hh–11)" for "(42 U.S.C. 300hh–11(b))".

Subsec. (e)(2). Pub. L. 111–275, §1001(p)(2)(B), substituted "(42 U.S.C. 247d–6)" for "(42 U.S.C. 247d–6(a))".

2008—Subsec. (a)(1). Pub. L. 110–387 substituted "respond to such" for "respond to such such".

2006—Subsec. (a)(1). Pub. L. 109–417, §306(a)(1)(A), substituted "a public health emergency (as defined in section 2801 of the Public Health Service Act)" for "chemical or biological attack", "such an emergency" for "an attack", and "such emergencies" for "public health emergencies".

Subsec. (a)(2)(C), (D). Pub. L. 109–417, §306(a)(1)(B), added subpars. (C) and (D).

Subsec. (c). Pub. L. 109–417, §306(a)(2), substituted "a public health emergency. The Secretary shall, through existing medical procurement contracts, and on a reimbursable basis, make available as necessary, medical supplies, equipment, and pharmaceuticals in response to a public health emergency in support of the Secretary of Health and Human Services." for "a chemical or biological attack or other terrorist attack."

Subsec. (d). Pub. L. 109–417, §306(a)(3), struck out "develop and" before "implement curricula", substituted "public health emergencies" for "biological, chemical, or radiological attacks", and inserted "consistent with section 319F(a) of the Public Health Service Act" before period at end.

Subsec. (e)(1). Pub. L. 109–417, §306(a)(4)(A), substituted "2812" for "2811(b)".

Subsec. (e)(2). Pub. L. 109–417, §306(a)(4)(B), struck out "bioterrorism and other" after "response to" and substituted "319F" for "319F(a)".

Subsec. (g). Pub. L. 109–417, §306(b), added subsec. (g).

Statutory Notes and Related Subsidiaries

Change of Name

"Administrator of the Federal Emergency Management Agency" substituted for "Director of the Federal Emergency Management Agency" in subsec. (e)(3)(C) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the National Disaster Medical System, including the functions of the Secretary of Homeland Security and the Under Secretary for Emergency Preparedness and Response relating thereto, to the Secretary of Health and Human Services, see title III of Pub. L. 109–295, set out in part as a note under section 300hh–11 of Title 42, The Public Health and Welfare, and section 301(b) of Pub. L. 109–417, set out as a note under section 300hh–11 of Title 42.

For transfer of functions, personnel, assets, and liabilities of the National Disaster Medical System of the Department of Health and Human Services, including the functions of the Secretary of Health and Human Services and the Assistant Secretary for Public Health Emergency Preparedness [now Assistant Secretary for Preparedness and Response] relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(5) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Enhancement of Emergency Preparedness of Department of Veterans Affairs

Pub. L. 107–188, title I, §154, June 12, 2002, 116 Stat. 631, as amended by Pub. L. 107–287, §6(b), (c), Nov. 7, 2002, 116 Stat. 2032, provided that:

"[(a) Repealed. Pub. L. 107–287, §6(b), Nov. 7, 2002, 116 Stat. 2032.]

"(b) Security at Department Medical and Research Facilities.—(1) Not later than 180 days after the date of the enactment of this Act [June 12, 2002], the Secretary [of Veterans Affairs] shall carry out an evaluation of the security needs at Department medical centers and research facilities. The evaluation shall address the following needs:

"(A) Needs for the protection of patients and medical staff during emergencies, including a chemical or biological attack or other terrorist attack.

"(B) Needs, if any, for screening personnel engaged in research relating to biological pathogens or agents, including work associated with such research.

"(C) Needs for securing laboratories or other facilities engaged in research relating to biological pathogens or agents.

"(D) Any other needs the Secretary considers appropriate.

"[(2) Repealed. Pub. L. 107–287, §6(b), Nov. 7, 2002, 116 Stat. 2032.]

"[(c) to (f) Repealed. Pub. L. 107–287, §6(b), Nov. 7, 2002, 116 Stat. 2032.]

"(g) Authorization of Appropriations.—There is hereby authorized to be appropriated for the Department of Veterans Affairs amounts as follows:

"(1) To carry out activities required by subsection (a) of section 8117 of title 38, United States Code—

"(A) $100,000,000 for fiscal year 2002; and

"(B) such sums as may be necessary for each of fiscal years 2003 through 2006.

"(2) To carry out activities required by subsection (b)(1) of this section and subsections (b) through (f) of section 8117 of title 38, United States Code—

"(A) $33,000,000 for fiscal year 2002; and

"(B) such sums as may be necessary for each of fiscal years 2003 through 2006."

1 See References in Text note below.
38 U.S.C. § 2404 (2024) — Title 38: VETERANS' BENEFITS / Chapter 24 / Section 2404: Administration
Administration
Status: in_force

(a) The Secretary is authorized to make all rules and regulations which are necessary or appropriate to carry out the provisions of this chapter, and may designate those cemeteries which are considered to be national cemeteries.

(b) In conjunction with the development and administration of cemeteries for which the Secretary is responsible, the Secretary shall provide all necessary facilities including, as necessary, superintendents' lodges, chapels, crypts, mausoleums, and columbaria.

(c)(1) Subject to paragraph (2), each grave in a national cemetery shall be marked with an appropriate marker. Such marker shall bear the name of the person buried, the number of the grave, and such other information as the Secretary shall by regulation prescribe.

(2) The grave markers referred to in paragraph (1) shall be upright for interments that occur on or after January 1, 1987, except that—

(A) in the case of any cemetery scheduled to be closed by September 30, 1991, as indicated in the documents submitted by the Administrator of Veterans' Affairs to the Congress in justification for the amounts included for Veterans' Administration programs in the President's Budget for fiscal year 1987, the Secretary may provide for flat grave markers;

(B) in the case of any cemetery with a section which has flat markers on October 28, 1986, the Secretary may continue to provide for flat grave markers in such section;

(C) in the case of any cemetery located on the grounds of or adjacent to a Department health-care facility, the Secretary may provide for flat grave markers;

(D) in the case of grave sites of cremated remains that are interred in the ground, the Secretary may provide for flat grave markers.1

(E) in the case of grave sites in a green burial section designated under subsection (i), the Secretary may provide for grave markers of such type as the Secretary considers appropriate; and

(F) in the case of Santa Fe National Cemetery, New Mexico, the Secretary may provide for flat grave markers in any section of such cemetery in which flat markers were in use on December 22, 2023.

(d) There shall be kept in each national cemetery, and at the main office of the Department, a register of burials in each cemetery setting forth the name of each person buried in the cemetery, the number of the grave in which the veteran is buried, and such other information as the Secretary by regulation may prescribe.

(e) In carrying out the Secretary's responsibilities under this chapter, the Secretary may contract with responsible persons, firms, or corporations for the care and maintenance of such cemeteries under the Secretary's jurisdiction as the Secretary shall choose, under such terms and conditions as the Secretary may prescribe.

(f)(1) The Secretary is authorized to convey to any State, or political subdivision thereof, in which any national cemetery is located, all right, title, and interest of the United States in and to any Government owned or controlled approach road to such cemetery if, prior to the delivery of any instrument of conveyance, the State or political subdivision to which such conveyance is to be made notifies the Secretary in writing of its willingness to accept and maintain the road included in such conveyance. Upon the execution and delivery of such a conveyance, the jurisdiction of the United States over the road conveyed shall cease and thereafter vest in the State or political subdivision concerned.

(2) The Secretary may, to the extent of appropriated funds available for such purpose, make a contribution to local authorities for the construction of road improvements or traffic controls or other devices on land adjacent to a national cemetery if the Secretary determines that such a contribution is essential to ensure safe ingress to or egress from the cemetery.

(g) Notwithstanding any other provision of law, the Secretary may at such time as the Secretary deems desirable, relinquish to the State in which any cemetery, monument, or memorial under the Secretary's jurisdiction is located, such portion of legislative jurisdiction over the lands involved as is necessary to establish concurrent jurisdiction between the Federal Government and the State concerned. Such partial relinquishment of jurisdiction under the authority of this subsection may be made by filing with the Governor of the State involved a notice of such relinquishment and shall take effect upon acceptance thereof by the State in such manner as its laws may prescribe.

(h)(1) With respect to the interment or funeral, memorial service, or ceremony of a deceased veteran at a national cemetery, the Secretary shall ensure that—

(A) the expressed wishes of the next of kin or other agent of the deceased veteran are respected and given appropriate deference when evaluating whether the proposed interment or funeral, memorial service, or ceremony affects the safety and security of the national cemetery and visitors to the cemetery;

(B) to the extent possible, all appropriate public areas of the cemetery, including committal shelters, chapels, and benches, may be used by the family of the deceased veteran for contemplation, prayer, mourning, or reflection; and

(C) during such interment or funeral, memorial service, or ceremony, the family of the deceased veteran may display any religious or other symbols chosen by the family.

(2) Subject to regulations prescribed by the Secretary under paragraph (4), including such regulations ensuring the security of a national cemetery, the Secretary shall, to the maximum extent practicable, provide to any military or volunteer veterans honor guard, including such guards belonging to a veterans service organization or other nongovernmental group that provides services to veterans, access to public areas of a national cemetery if such access is requested by the next of kin or other agent of a deceased veteran whose interment or funeral, memorial service, or ceremony is being held in such cemetery.

(3) With respect to the interment or funeral, memorial service, or ceremony of a deceased veteran at a national cemetery, the Secretary shall notify the next of kin or other agent of the deceased veteran of funeral honors available to the deceased veteran, including such honors provided by any military or volunteer veterans honor guard described in paragraph (2).

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

(i)(1) The Secretary may designate one or more sections in any national cemetery as green burial sections.

(2) In this subsection, the term "green burial section" means a section of a cemetery in which the remains of individuals interred in that section—

(A) have been prepared for interment in a manner that does not involve chemicals or embalming fluids; and

(B) have been interred in a natural manner or in completely biodegradable burial receptacles.

(Added Pub. L. 93–43, §2(a), June 18, 1973, 87 Stat. 76, §1004; amended Pub. L. 99–576, title IV, §411, title VII, §701(55), Oct. 28, 1986, 100 Stat. 3283, 3295; Pub. L. 100–322, title III, §§341(a), 342, May 20, 1988, 102 Stat. 539, 540; Pub. L. 101–237, title III, §313(b)(1), Dec. 18, 1989, 103 Stat. 2077; Pub. L. 102–54, §14(b)(21), June 13, 1991, 105 Stat. 284; renumbered §2404 and amended Pub. L. 102–83, §§4(a)(3), (4), (b)(7), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 112–260, title I, §102(a), Jan. 10, 2013, 126 Stat. 2418; Pub. L. 117–355, §3, Jan. 5, 2023, 136 Stat. 6278; Pub. L. 118–83, div. B, title III, §313, Sept. 26, 2024, 138 Stat. 1540.)

Editorial Notes

Amendments

2024—Subsec. (c)(2)(F). Pub. L. 118–83 added subpar. (F).

2023—Subsec. (c)(2)(E). Pub. L. 117–355, §3(1), added subpar. (E).

Subsec. (i). Pub. L. 117–355, §3(2), added subsec. (i).

2013—Subsec. (h). Pub. L. 112–260 added subsec. (h).

1991—Pub. L. 102–83, §5(a), renumbered section 1004 of this title as this section.

Subsec. (c)(2)(A). Pub. L. 102–83, §4(b)(7), substituted "Administrator of Veterans' Affairs" for "Secretary".

Subsec. (c)(2)(B). Pub. L. 102–54 substituted "October 28, 1986" for "the date of the enactment of the Veterans' Benefits Improvement and Health-Care Authorization Act of 1986".

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

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

1989—Pub. L. 101–237 substituted "Secretary" and "Secretary's" for "Administrator" and "Administrator's", respectively, wherever appearing.

1988—Subsec. (c)(2)(C), (D). Pub. L. 100–322, §341(a), added subpars. (C) and (D).

Subsec. (f). Pub. L. 100–322, §342, designated existing provisions as par. (1) and added par. (2).

1986—Subsec. (b). Pub. L. 99–576, §701(55)(B), substituted "the Administrator" for "he" before "is responsible".

Subsec. (c). Pub. L. 99–576, §411, designated existing provisions as par. (1), substituted "Subject to paragraph (2), each" for "Each", and added par. (2).

Subsec. (d). Pub. L. 99–576, §701(55)(A), substituted "the veteran" for "he".

Subsecs. (e), (g). Pub. L. 99–576, §701(55)(B), (C), substituted "the Administrator" and "the Administrator's" for "he" and "his", respectively, wherever appearing.

Statutory Notes and Related Subsidiaries

Transfer of Functions

Pub. L. 93–43, §6, June 18, 1973, 87 Stat. 81, provided that:

"[Jurisdiction] (a)(1) There are hereby transferred from the Secretary of the Army to the Administrator of Veterans' Affairs all jurisdiction over, and responsibility for, (A) all national cemeteries (except the cemetery at the United States Soldiers' and Airmen's Home and Arlington National Cemetery), and (B) any other cemetery (including burial plots), memorial, or monument under the jurisdiction of the Secretary of the Army immediately preceding the effective date of this section [see note hereunder] (except the cemetery located at the United States Military Academy at West Point) which the President determines would be appropriate in carrying out the purposes of this Act [see Tables for classification].

"(2) There are hereby transferred from the Secretary of the Navy and the Secretary of the Air Force to the Administrator of Veterans' Affairs all jurisdiction over, and responsibility for, any cemetery (including burial plots), memorial, or monument under the jurisdiction of either Secretary immediately preceding the effective date of this section [see note hereunder] (except those cemeteries located at the United States Naval Academy at Annapolis, the United States Naval Home Cemetery at Philadelphia, and the United States Air Force Academy at Colorado Springs) which the President determines would be appropriate in carrying out the purposes of this Act [see Tables for classification].

"[Personnel; property; records; and funds] (b) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available to, or under the jurisdiction of, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force, in connection with functions transferred by this Act, as determined by the Director of the Office of Management and Budget, are transferred to the Administrator of Veterans' Affairs.

"[Savings provision; offenses, penalties and forfeitures] (c) All offenses committed and all penalties an forfeitures incurred under any of the provisions of law amended or repealed by this Act may be prosecuted and punished in the same manner and with the same effect as if such amendments or repeals had not been made.

"[Same; rules; regulations, permits, and other privileges] (d) All rules, regulations, orders, permits, and other privileges issued or granted by the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force with respect to the cemeteries, memorials, and monuments transferred to the Veterans' Administration by this Act, unless contrary to the provisions of such Act, shall remain in full force and effect until modified, suspended, overruled, or otherwise changed by the Administrator of Veterans' Affairs, by any court of competent jurisdiction, or by operation of law.

"[Abatement of proceedings; proceedings against United States or officer of Veterans' Administration; judicial orders; continuation of suits by Administrator] (e) No suit, action, or other proceeding commenced by or against any officer in his official capacity as an official of the Department of the Army, the Department of the Navy, or the Department of the Air Force with respect to functions transferred under subsection (a) or (c) of this section shall abate by reason of the enactment of this section. No cause of action by or against any such department with respect to functions transferred under such subsection (a) or by or against any officer thereof in his official capacity, shall abate by reason of the enactment of this section. Causes of actions, suits, or other proceedings may be asserted by or against the United States or such officer of the Veterans' Administration as may be appropriate and, in any litigation pending when this section takes effect, the court may at any time, upon its own motion or that of any party, enter an order which will give effect to the provisions of this subsection. If before the date this section takes effect [see note hereunder], any such department, or officer thereof in his official capacity, is a party to a suit with respect to any function so transferred, such suit shall be continued by the Administrator of Veterans' Affairs."

[Section 6 of Pub. L. 93–43 effective Sept. 1, 1973, or such earlier date as the President may prescribe and publish in the Federal Register, see section 10(c) of Pub. L. 93–43, set out as an Effective Date note under section 2306 of this title.]

[The United States Soldiers' and Airmen's Home and the United States Naval Home were incorporated into the Armed Forces Retirement Home by section 411 of Title 24, Hospitals and Asylums.]

Interim Implementation of 2013 Amendment

Pub. L. 112–260, title I, §102(b), Jan. 10, 2013, 126 Stat. 2419, provided that: "The Secretary may carry out paragraphs (1) through (3) of section 2404(h) of such title [38 U.S.C. 2404(h)], as added by subsection (a), before the Secretary prescribes regulations pursuant to paragraph (4) of such section, as so added."

Use of Flat Grave Markers at Santa Fe National Cemetery, New Mexico

Pub. L. 106–117, title VI, §612, Nov. 30, 1999, 113 Stat. 1580, authorized the Secretary of Veterans Affairs to provide for flat grave markers at the Santa Fe National Cemetery, New Mexico, prior to repeal by Pub. L. 118–31, div. E, title L, §5002(a), Dec. 22, 2023, 137 Stat. 931.

Independent Study on Improvements to Veterans' Cemeteries

Pub. L. 106–117, title VI, §613, Nov. 30, 1999, 113 Stat. 1581, provided that:

"(a) Study.—Not later than 180 days after the date of the enactment of this Act [Nov. 30, 1999], the Secretary [of Veterans Affairs] shall enter into a contract with one or more qualified organizations to conduct a study of national cemeteries described in subsection (b). For purposes of this section, an entity of Federal, State, or local government is not a qualified organization.

"(b) Matters Studied.—(1) The study conducted pursuant to the contract entered into under subsection (a) shall include an assessment of each of the following:

"(A) The one-time repairs required at each national cemetery under the jurisdiction of the National Cemetery Administration of the Department of Veterans Affairs to ensure a dignified and respectful setting appropriate to such cemetery, taking into account the variety of age, climate, and burial options at individual national cemeteries.

"(B) The feasibility of making standards of appearance of active national cemeteries, and the feasibility of making standards of appearance of closed national cemeteries, commensurate with standards of appearance of the finest cemeteries in the world.

"(C) The number of additional national cemeteries that will be required for the interment and memorialization in such cemeteries of individuals qualified under chapter 24 of title 38, United States Code, who die after 2005.

"(D) The advantages and disadvantages of the use by the National Cemetery Administration of flat grave markers and upright grave markers.

"(E) The current condition of flat grave marker sections at each of the national cemeteries.

"(2) In presenting the assessment of additional national cemeteries required under paragraph (1)(C), the report shall identify by five-year period, beginning with 2005 and ending with 2020, the following:

"(A) The number of additional national cemeteries required during each such five-year period.

"(B) With respect to each such five-year period, the areas in the United States with the greatest concentration of veterans whose needs are not served by national cemeteries or State veterans' cemeteries.

"(c) Report.—(1) Not later than one year after the date on which a qualified organization enters into a contract under subsection (a), the organization shall submit to the Secretary a report setting forth the results of the study conducted and conclusions of the organization with respect to such results.

"(2) Not later than 120 days after the date on which a report is submitted under paragraph (1), the Secretary shall transmit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a copy of the report, together with any comments on the report that the Secretary considers appropriate."

Grave Markers in Certain Locations

Pub. L. 103–446, title VIII, §804, Nov. 2, 1994, 108 Stat. 4675, provided that: "Notwithstanding section 2404(c)(2) of title 38, United States Code, the Secretary of Veterans Affairs may provide for flat grave markers at the Willamette National Cemetery, Oregon."

Pub. L. 102–54, §11, June 13, 1991, 105 Stat. 273, as amended by Pub. L. 102–83, §5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: "Notwithstanding section 2404(c)(2) of title 38, United States Code, the Secretary may provide for flat grave markers in that section of the Florida National Cemetery in which preplaced grave liners were installed before July 30, 1988."

Pub. L. 100–322, title III, §341(b), May 20, 1988, 102 Stat. 539, as amended by Pub. L. 102–83, §5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: "Notwithstanding section 2404(c)(2) of title 38, United States Code, the Administrator may provide for flat grave markers in the cases of the national cemeteries in Riverside, California; Bourne, Massachusetts; Augusta, Michigan; and Indiantown Gap, Pennsylvania; and the proposed national cemetery approved by the Administrator, as of July 31, 1987, for Northern California."

Functions, Powers, and Duties of Secretaries Unaffected

Repeal of sections 271 to 276, 278 to 279d, 281 to 282, 286 to 290, and 296 of Title 24, Hospitals and Asylums, and enactment of provisions set out as notes under sections 271 to 276 of Title 24 without effect upon functions, powers, and duties of secretaries of the military departments with respect to cemeteries, memorials, or monuments under the jurisdiction of the secretary concerned to which the transfer provisions of section 6(a) of Pub. L. 93–43, set out as a note above, do not apply, see section 7(b) of Pub. L. 93–43, set out as a note under sections 271 to 276 of Title 24.

Studies; Recommendations to Congress

Pub. L. 93–43, §3, June 18, 1973, 87 Stat. 78, authorized the Administrator to conduct a comprehensive study concerning the criteria governing the development and operation of the National Cemetery System, including the concept of regional cemeteries, the relationship of the National Cemetery System to other burial benefits provided by Federal and State Governments to servicemen and veterans, steps taken to conform the existing system to the recommended criteria, private burial and funeral costs in the United States, current headstone and marker programs, and the marketing and sales practices of non-Federal cemeteries and interment facilities, and to submit his recommendations within twelve months after the convening of the first session of the Ninety-third Congress and also authorized the Administrator, in conjunction with the Secretary of Defense, to conduct a comprehensive study concerning the advisability of including Arlington National Cemetery within the National Cemetery System, the appropriateness of maintaining the present eligibility requirements for burial at Arlington National Cemetery and the advisability of establishing another national cemetery, and to submit the results of their joint recommendations within twelve months after the convening of the first session of the Ninety-third Congress.

1 So in original. The period probably should be a semicolon.
38 U.S.C. § 3696 (2024) — Title 38: VETERANS' BENEFITS / Chapter 36 / Subchapter III / Section 3696: Prohibition on certain advertising, sales, and enrollment practices
Prohibition on certain advertising, sales, and enrollment practices
Status: in_force

(a) Prohibition on Engaging in Substantial Misrepresentation.—An educational institution with a course or program of education approved under this chapter, and an entity that owns such an educational institution, shall not engage in substantial misrepresentation described in subsection (b).

(b) Substantial Misrepresentation Described.—(1) Substantial misrepresentation described in this paragraph is substantial misrepresentation by an educational institution, a representative of the institution, or any person with whom the institution has an agreement to provide educational programs, marketing, advertising, recruiting or admissions services, concerning any of the following:

(A) The nature of the educational program of the institution, including misrepresentation regarding—

(i) the particular type, specific source, or nature and extent, of the accreditation of the institution or a course of education at the institution;

(ii) whether a student may transfer course credits to another institution;

(iii) conditions under which the institution will accept transfer credits earned at another institution;

(iv) whether successful completion of a course of instruction qualifies a student—

(I) for acceptance to a labor union or similar organization; or

(II) to receive, to apply to take, or to take an examination required to receive a local, State, or Federal license, or a nongovernmental certification required as a precondition for employment, or to perform certain functions in the States in which the educational program is offered, or to meet additional conditions that the institution knows or reasonably should know are generally needed to secure employment in a recognized occupation for which the program is represented to prepare students;

(v) the requirements for successfully completing the course of study or program and the circumstances that would constitute grounds for terminating the student's enrollment;

(vi) whether the courses of education at the institution are recommended or have been the subject of unsolicited testimonials or endorsements by—

(I) vocational counselors, high schools, colleges, educational organizations, employment agencies, members of a particular industry, students, former students, or others; or

(II) officials of a local or State government or the Federal Government;

(vii) the size, location, facilities, or equipment of the institution;

(viii) the availability, frequency, and appropriateness of the courses of education and programs to the employment objectives that the institution states the courses and programs are designed to meet;

(ix) the nature, age, and availability of the training devices or equipment of the institution and the appropriateness to the employment objectives that the institution states the courses and programs are designed to meet;

(x) the number, availability, and qualifications, including the training and experience, of the faculty and other personnel of the institution;

(xi) the availability of part-time employment or other forms of financial assistance;

(xii) the nature and availability of any tutorial or specialized instruction, guidance and counseling, or other supplementary assistance the institution will provide students before, during, or after the completion of a course of education;

(xiii) the nature or extent of any prerequisites established for enrollment in any course of education;

(xiv) the subject matter, content of the course of education, or any other fact related to the degree, diploma, certificate of completion, or any similar document that the student is to be, or is, awarded upon completion of the course of education; and

(xv) whether the degree that the institution will confer upon completion of the course of education has been authorized by the appropriate State educational agency, including with respect to cases where the institution fails to disclose facts regarding the lack of such authorization in any advertising or promotional materials that reference such degree.

(B) The financial charges of the institution, including misrepresentation regarding—

(i) offers of scholarships to pay all or part of a course charge;

(ii) whether a particular charge is the customary charge at the institution for a course;

(iii) the cost of the program and the refund policy of the institution if the student does not complete the program;

(iv) the availability or nature of any financial assistance offered to students, including a student's responsibility to repay any loans, regardless of whether the student is successful in completing the program and obtaining employment; and

(v) the student's right to reject any particular type of financial aid or other assistance, or whether the student must apply for a particular type of financial aid, such as financing offered by the institution.

(C) The employability of the graduates of the institution, including misrepresentation regarding—

(i) the relationship of the institution with any organization, employment agency, or other agency providing authorized training leading directly to employment;

(ii) the plans of the institution to maintain a placement service for graduates or otherwise assist graduates to obtain employment;

(iii) the knowledge of the institution about the current or likely future conditions, compensation, or employment opportunities in the industry or occupation for which the students are being prepared;

(iv) job market statistics maintained by the Federal Government in relation to the potential placement of the graduates of the institution; and

(v) other requirements that are generally needed to be employed in the fields for which the training is provided, such as requirements related to commercial driving licenses or permits to carry firearms, and failing to disclose factors that would prevent an applicant from qualifying for such requirements, such as prior criminal records or preexisting medical conditions.

(2) In this subsection:

(A) The term "misleading statement" includes any communication, action, omission, or intimation made in writing, visually, orally, or through other means, that has the likelihood or tendency to mislead the intended recipient of the communication under the circumstances in which the communication is made. Such term includes the use of student endorsements or testimonials for an educational institution that a student gives to the institution either under duress or because the institution required the student to make such an endorsement or testimonial to participate in a program of education.

(B) The term "misrepresentation" means any false, erroneous, or misleading statement, action, omission, or intimation made directly or indirectly to a student, a prospective student, the public, an accrediting agency, a State agency, or to the Secretary by an eligible institution, one of its representatives, or any person with whom the institution has an agreement to provide educational programs, marketing, advertising, recruiting or admissions services.

(C) The term "substantial misrepresentation" means misrepresentation in which the person to whom it was made could reasonably be expected to rely, or has reasonably relied, to that person's detriment.

(c) Limitation on Certain Commissions, Bonuses, and Other Incentive Payments.—(1) An educational institution with a course or program of education approved under this chapter, and an entity that owns such an educational institution, shall not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance.

(2) In determining whether a violation of paragraph (1) has occurred, the Under Secretary for Benefits shall construe the requirements of this paragraph in accordance with the regulations and guidance prescribed by the Secretary of Education under section 487(a)(20) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(20)).

(d) Requirement to Maintain Records.—(1) To ensure compliance with this section, any educational institution offering courses approved for the enrollment of eligible persons or veterans shall maintain a complete record of all advertising, sales, or enrollment materials (and copies thereof) utilized by or on behalf of the institution during the preceding two-year period. Such record shall be available for inspection by the State approving agency or the Secretary.

(2) Such materials shall include but are not limited to any direct mail pieces, brochures, printed literature used by sales persons, films, video tapes, and audio tapes disseminated through broadcast media, material disseminated through print, digital, or electronic media, tear sheets, leaflets, handbills, fliers, and any sales or recruitment manuals used to instruct sales personnel, agents, or representatives of such institution.

(e) Agreement With Federal Trade Commission.—(1) The Secretary shall, pursuant to section 3694 of this title, enter into an agreement with the Federal Trade Commission to utilize, where appropriate, its services and facilities, consistent with its available resources, in carrying out investigations and making the Under Secretary of 1 Benefit's 2 preliminary findings under subsection (g)(1).

(2) Such agreement shall provide that cases arising under subsection (a) of this section or any similar matters with respect to any of the requirements of this chapter or chapters 34 and 35 of this title may be referred to the Federal Trade Commission which in its discretion will conduct an investigation and make preliminary findings.

(3) The findings and results of any investigation under paragraph (2) shall be referred to the Under Secretary for Benefits, who shall take appropriate action under subsection (g) in such cases not later than 60 days after the date of such referral.

(f) Final Judgments From Other Federal Agencies.—Whenever the Secretary becomes aware of a final judgment by a Federal agency against an educational institution or owner of an educational institution pertaining to substantial misrepresentation described in subsection (b) or of other credible evidence relating to a violation of subsection (a), the Secretary, in partnership with the applicable State approving agency, shall—

(1) within 30 days, alert the educational institution or owner that it is at risk of losing approval under this chapter of its courses or programs of education;

(2) provide the educational institution or owner 60 days to provide any information it wishes to the Secretary;

(3) require the educational institution or owner to submit to the Secretary a report prepared by an approved third-party auditor of the advertising and enrollment practices of the educational institution or owner; and

(4) refer the matter to the Under Secretary of 1 Benefits, who may thereafter make a preliminary finding under subsection (g).

(g) Preliminary Findings, Final Determinations, and Processes.—(1) The Under Secretary for Benefits shall make preliminary findings and final determinations on violations of subsections (a), (c), and (d).

(2)(A) The Under Secretary shall establish a process for making preliminary findings and final determinations under paragraph (1).

(B) The process established under subparagraph (A) shall—

(i) clearly define what triggers an oversight visit by the Under Secretary for purposes of enforcing subsections (a), (c), and (d);

(ii) set forth factors an educational institution, or the owner of the educational institution, must meet in order to retain approval status under this section, including with respect to the factors set forth under subsection (h)(2);

(iii) include a process for the provision of notice to an educational institution, or the owner of the educational institution, that the Under Secretary has made a preliminary finding under paragraph (1) that the education institution or owner has violated subsection (a), (c), or (d), which the Under Secretary shall provide to the educational institution or owner within such period after making the preliminary finding as the Under Secretary shall establish for purposes of this clause, except that, in every case, such period shall end before the date on which the Under Secretary makes a final determination under such paragraph; and

(iv) include—

(I) a process for receipt of findings from a third-party pertinent to this section; and

(II) a process for an educational institution or an owner to provide such information as the educational institution or owner determines appropriate to the Secretary, including information about corrective actions the educational institution or owner may have taken in response to preliminary findings under paragraph (1).

(C) The process established under subparagraph (A) shall not prohibit a State approving agency from—

(i) independently investigating a potential violation of subsection (a), (c), or (d); or

(ii) taking action if the State approving agency finds a violation of subsection (a), (c), or (d).

(3) Upon a preliminary finding under this subsection of a violation of subsection (a), (c), or (d) by an educational institution, or the owner of an educational institution, the Under Secretary shall require the educational institution or owner to submit to the Under Secretary a report prepared by an approved third-party auditor of the advertising and enrollment practices of the educational institution or owner.

(4)(A) Before making a final determination under this subsection regarding a violation of subsection (a), (c), or (d) by an educational institution or owner of an educational institution, the Under Secretary shall—

(i) review the practices of the educational institution or owner that pertain to activities and practices covered by subsections (a), (c), and (d);

(ii) consider the results of a risk-based survey conducted by a State approving agency, if available; and

(iii) review—

(I) the findings and information received pursuant to the processes established under paragraph (2)(B)(iii);

(II) in a case in which a report was submitted under subsection (f)(3), such report;

(III) the report submitted under paragraph (3);

(IV) any findings and results submitted under subsection (e)(3);

(V) the marketing and outreach material of the educational institution and the contractors of the educational institution.

(B) The Under Secretary may not make a final determination under this subsection solely based on preliminary findings.

(5) The Under Secretary may not delegate authority to make a final determination under this subsection, including to any employee of the Department or to the Federal Trade Commission.

(h) Enforcement.—(1)(A) Upon a final determination by the Under Secretary for Benefits under subsection (g) that an educational institution or the owner of an educational institution violated subsection (a), (c), or (d), the Under Secretary shall, but subject to subparagraphs (B), (C), and (D) of this paragraph, take one of the following actions independent of any actions taken under section 3690 of this title:

(i) Publish a caution flag on the GI Bill Comparison Tool, or successor tool, about that educational institution and alert its currently enrolled eligible veterans and eligible persons.

(ii) Suspend the approval of the courses and programs of education offered by the educational institution by disapproving new enrollments of eligible veterans and eligible persons in each course or program of education offered by that educational institution.

(iii) Revoke the approval of the courses and programs of education offered by the educational institution by disapproving all enrollments of eligible veterans and eligible persons in each course or program of education offered by that educational institution.

(B) In deciding upon a course of action under subparagraph (A), for the first violation of this section, the Secretary shall consider the factors set forth in paragraph (2).

(C) Subject to subsection (i), any repeat violation and final finding within five years of the first violation of this section shall result in—

(i) a suspension of approval of new enrollments as described in subparagraph (A)(ii) of this paragraph until reinstatement under subsection (j); or

(ii) a revocation of approval under this chapter as described in subparagraph (A)(iii) of this paragraph until reinstatement under subsection (j).

(D) Subject to subsection (i), any third violation within three years of the second violation of this section shall result in revocation of approval under this chapter as described in subparagraph (A)(iii) of this paragraph until reinstatement under subsection (j).

(E) Any action taken under subparagraph (A) of this paragraph regarding a violation of subsection (a), (c), or (d) by an educational institution or the owner of an educational institution shall be taken on or before the date that is 180 days after the date on which the Under Secretary provided notice to the educational institution or owner regarding the violation in accordance with the process established under subsection (g)(2)(B)(iii).

(2) The factors set forth in this paragraph are the following:

(A) That the Secretary's action brings sufficient deterrence for future fraud against students and the programs of education carried out under this title. Fraud against veterans must be met with a repercussion strong enough to send a deterrent message to this and other educational institutions and owners.

(B) That the educational institution has secured an approved third-party auditor to verify the educational institution's, or owner's, advertising and enrollment practices for at least three years going forward.

(C) That the educational institution or owner has repudiated the deceptive practices and has communicated to all employees that deceptive practices will not be tolerated, and has instituted strong governance procedures to prevent recurrence.

(D) That the educational institution has taken steps to remove any pressure on its enrollment recruiters, including by removing enrollment quotas and incentives for enrollment.

(E) That the State approving agency or the Secretary acting in the role of the State approving agency, has completed a risk-based survey and determined the educational institution is worthy of serving eligible veterans and eligible persons.

(3) Enforcement action under this section shall not preclude enforcement action under section 3690 of this title.

(4) No action may be carried out under this subsection with respect to a final determination by the Under Secretary under subsection (g) while such final determination is pending review under subsection (i).

(i) Appeals.—(1) The Secretary shall establish a process by which an educational institution or the owner of an educational institution that is the subject of more than one final determination by the Under Secretary under subsection (g)(1) that the educational institution or owner violated subsection (a), may request a review of the most recent final determination.

(2)(A) The Secretary shall—

(i) review each final determination for which a review is requested under paragraph (1); and

(ii) pursuant to such review, issue a final decision sustaining, modifying, or overturning the final determination.

(B) The Secretary may not delegate any decision under subparagraph (A).

(C)(i) Review under subparagraph (A)(i) of this paragraph shall be the exclusive avenue for review of a final determination under subsection (g)(1).

(ii) A decision issued pursuant to a review under subparagraph (A)(i) may not be appealed to the Secretary for review under section 7104(a) of this title.

(3)(A) Not later than 30 days after the date on which the Secretary issues a final decision under paragraph (2)(A)(ii), the Secretary shall submit to Congress a report on such final decision.

(B) A report submitted under subparagraph (A) shall include the following:

(i) An outline of the decisionmaking process of the Secretary that led to the final decision described in subparagraph (A).

(ii) Any relevant material used to make the final decision under paragraph (2)(A)(ii), including risk-based surveys and documentation from the educational institution or the owners of the educational institution.

(iii) Materials that were submitted to the Secretary after the date of the final determination under subsection (g) that was the subject of the final decision under paragraph (2)(A)(ii) of this subsection and before the date on which the Secretary issued such final decision.

(j) Reinstatement of Approval.—(1) If an educational institution or the owner of an educational institution has had the approval of the courses or programs of education of the educational institution suspended as described in clause (ii) of subsection (h)(1)(A) or revoked as described in clause (iii) of such subsection for a violation of subsection (a), (c), or (d) pursuant to subparagraph (C) or (D) of subsection (h)(1), the educational institution or owner may submit to the applicable State approving agency or the Secretary when acting as a State approving agency an application for reinstatement of approval under this subsection.

(2) Approval under this chapter may not be reinstated under this subsection until—

(A) the educational institution or owner submits to the applicable State approving agency or the Secretary when acting as a State approving agency an application for reinstatement of approval under paragraph (1);

(B) the date that is 540 days after the date of the most recent suspension or revocation described in paragraph (1) of the educational institution or owner;

(C) the educational institution submits a report by an approved third-party auditor on the advertising and enrollment practices of the educational institution, including those of its third-party contractors;

(D) procedures are in place to prevent any future violation of subsection (a), (c), or (d);

(E) that the educational institution has met all factors set forth in subsection (h)(2); and

(F) the Secretary agrees to such reinstatement.

(k) Rule of Construction Regarding State Approving Agencies and Risk-based Surveys.—Nothing in this section shall be construed to prohibit a State approving agency from conducting any risk-based survey the State approving agency considers appropriate at any educational institution that it considers appropriate for oversight purposes.

(l) Definitions.—In this section:

(1) The term "approved third-party auditor" means an independent third-party auditor that is approved by the Secretary for purposes of third-party audits under this section.

(2) The term "risk-based survey" means the risk-based survey developed under section 3673A of this title.

(Added Pub. L. 93–508, title II, §212(a), Dec. 3, 1974, 88 Stat. 1585, §1796; amended Pub. L. 94–502, title V, §§512, 513(a)(22), Oct. 15, 1976, 90 Stat. 2402, 2403; Pub. L. 98–543, title IV, §401, Oct. 24, 1984, 98 Stat. 2749; Pub. L. 101–237, title IV, §423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered §3696 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 112–249, §2, Jan. 10, 2013, 126 Stat. 2401; Pub. L. 116–315, title I, §1020(a)(1), Jan. 5, 2021, 134 Stat. 4950; Pub. L. 117–16, §7(a)(5), June 8, 2021, 135 Stat. 285; Pub. L. 117–76, §3(b)(3), Dec. 21, 2021, 135 Stat. 1518.)

Editorial Notes

Amendments

2021—Pub. L. 116–315 amended section generally. Prior to amendment, section related to limitation on certain advertising, sales, and enrollment practices.

Subsec. (c). Pub. L. 117–76 designated existing provisions as par. (1), inserted ", except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance" after "assistance", and added par. (2).

Subsec. (g)(4)(A)(iii)(III). Pub. L. 117–16 substituted "paragraph (3)" for "paragraph (3)(B) of this subsection".

2013—Subsec. (d). Pub. L. 112–249 added subsec. (d).

1991—Pub. L. 102–83, §5(a), renumbered section 1796 of this title as this section.

Subsec. (c). Pub. L. 102–83, §5(c)(1), substituted "3694" for "1794".

1989—Pub. L. 101–237 substituted "Secretary" for "Administrator" wherever appearing and "Secretary's" for "Administrator's" in subsec. (c).

1984—Subsec. (d). Pub. L. 98–543 struck out subsec. (d) which provided that not later than 60 days after the end of each fiscal year the Administrator would be required to report to Congress regarding the disposition of cases under this section.

1976—Subsec. (b). Pub. L. 94–502, §512, added subsec. (b) and redesignated former subsec. (b) as (c).

Subsec. (c). Pub. L. 94–502, §§512(1), 513(a)(22), redesignated former subsec. (b) as (c) and substituted "making the Administrator's determinations" for "making his determinations". Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 94–502, §512(1), redesignated former subsec. (c) as (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 116–315 effective on Aug. 1, 2021, see section 1020(c) of Pub. L. 116–315, set out as a note under section 3676 of this title.

Effective Date of 1976 Amendment

Amendment by sections 512 and 513(a)(22) of Pub. L. 94–502 effective Dec. 1, 1976, and Oct. 15, 1976, respectively, see section 703(b), (c) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Effective Date

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

1 So in original. Probably should be "for".

2 So in original. Probably should be "Benefits' ".
38 U.S.C. § 2301 (2024) — Title 38: VETERANS' BENEFITS / Chapter 23 / Section 2301: Flags
Flags
Status: in_force

(a) The Secretary shall furnish a flag to drape the casket of each—

(1) deceased veteran who—

(A) was a veteran of any war, or of service after January 31, 1955;

(B) had served at least one enlistment; or

(C) had been discharged or released from the active military, naval, air, or space service for a disability incurred or aggravated in line of duty; and

(2) deceased individual who at the time of death was entitled to retired pay under chapter 67 1 of title 10 or would have been entitled to retired pay under that chapter but for the fact that the person was under 60 years of age.

(b) After the burial of the veteran the flag so furnished shall be given to the veteran's next of kin. If no claim is made for the flag by the next of kin, it may be given, upon request, to a close friend or associate of the deceased veteran. If a flag is given to a close friend or associate of the deceased veteran, no flag shall be given to any other person on account of the death of such veteran.

(c) For the purpose of this section, the term "Mexican border period" as defined in paragraph (30) of section 101 of this title includes the period beginning on January 1, 1911, and ending on May 8, 1916.

(d) In the case of any person who died while in the active military, naval, air, or space service after May 27, 1941, the Secretary shall furnish a flag to the next of kin, or to such other person as the Secretary considers most appropriate, if such next of kin or other person is not otherwise entitled to receive a flag under this section or under section 1482(a) of title 10.

(e) The Secretary shall furnish a flag to drape the casket of each deceased person who is buried in a national cemetery by virtue of eligibility for burial in such cemetery under section 2402(a)(6) of this title. After the burial, the flag shall be given to the next of kin or to such other person as the Secretary considers appropriate.

(f)(1) The Secretary shall furnish a flag to drape the casket of each deceased member or former member of the Selected Reserve (as described in section 10143 of title 10) who is not otherwise eligible for a flag under this section or section 1482(a) of title 10—

(A) who completed at least one enlistment as a member of the Selected Reserve or, in the case of an officer, completed the period of initial obligated service as a member of the Selected Reserve;

(B) who was discharged before completion of the person's initial enlistment as a member of the Selected Reserve or, in the case of an officer, period of initial obligated service as a member of the Selected Reserve, for a disability incurred or aggravated in line of duty; or

(C) who died while a member of the Selected Reserve.

(2) A flag may not be furnished under subparagraph (A) or (B) of paragraph (1) in the case of a person whose last discharge from service in the Armed Forces was under conditions less favorable than honorable.

(3) After the burial, a flag furnished under paragraph (1) shall be given to the next of kin or to such other person as the Secretary considers appropriate.

(g) A flag may not be furnished under this section in the case of a person described in section 2411(b) of this title.

(h)(1) The Secretary may not procure any flag for the purposes of this section that is not wholly produced in the United States.

(2)(A) The Secretary may waive the requirement of paragraph (1) if the Secretary determines—

(i) that the requirement cannot be reasonably met; or

(ii) that compliance with the requirement would not be in the national interest of the United States.

(B) The Secretary shall submit to Congress in writing notice of a determination under subparagraph (A) not later than 30 days after the date on which such determination is made.

(3) For the purpose of paragraph (1), a flag shall be considered to be wholly produced in the United States only if—

(A) the materials and components of the flag are entirely grown, manufactured, or created in the United States;

(B) the processing (including spinning, weaving, dyeing, and finishing) of such materials and components is entirely performed in the United States; and

(C) the manufacture and assembling of such materials and components into the flag is entirely performed in the United States.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, §901; Pub. L. 87–240, Sept. 14, 1961, 75 Stat. 512; Pub. L. 89–358, §9, Mar. 3, 1966, 80 Stat. 28; Pub. L. 90–77, title IV, §402, Aug. 31, 1967, 81 Stat. 190; Pub. L. 91–588, §9(g), Dec. 24, 1970, 84 Stat. 1585; Pub. L. 97–306, title IV, §402(a), Oct. 14, 1982, 96 Stat. 1442; Pub. L. 99–576, title VII, §701(50), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101–237, title III, §313(b)(1), Dec. 18, 1989, 103 Stat. 2077; Pub. L. 102–54, §14(b)(20), June 13, 1991, 105 Stat. 284; renumbered §2301 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–547, §11(a), Oct. 28, 1992, 106 Stat. 3644; Pub. L. 105–261, div. A, title V, §517, title X, §1073(a), Oct. 17, 1998, 112 Stat. 2009, 2137; Pub. L. 107–14, §8(a)(3), June 5, 2001, 115 Stat. 34; Pub. L. 107–330, title II, §201(b), Dec. 6, 2002, 116 Stat. 2823; Pub. L. 111–275, title V, §502(d)(2), Oct. 13, 2010, 124 Stat. 2883; Pub. L. 116–283, div. A, title IX, §926(a)(35), Jan. 1, 2021, 134 Stat. 3830.)

Editorial Notes

References in Text

Chapter 67 of title 10, referred to in subsec. (a)(2), was transferred to part II of subtitle E of Title 10, Armed Forces, renumbered as chapter 1223, and amended generally by Pub. L. 103–337, div. A, title XVI, §1662(j)(1), Oct. 5, 1994, 108 Stat. 2998. A new chapter 67 (§1331) of Title 10 was added by section 1662(j)(7) of Pub. L. 103–337.

Amendments

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

2010—Subsec. (e). Pub. L. 111–275 substituted "section 2402(a)(6)" for "section 2402(6)".

2002—Subsecs. (g), (h). Pub. L. 107–330 added subsec. (g) and redesignated former subsec. (g) as (h).

2001—Subsec. (f)(1). Pub. L. 107–14, §8(a)(3)(A), directed the substitution of "(as described in section" for "(as described in section" in introductory provisions, requiring no change in text.

Subsec. (f)(2). Pub. L. 107–14, §8(a)(3)(B), substituted "subparagraph" for "subparagraphs".

1998—Subsec. (f). Pub. L. 105–261, §517, added subsec. (f).

Subsec. (g). Pub. L. 105–261, §1073(a), added subsec. (g).

1992—Subsec. (a). Pub. L. 102–547 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Secretary shall furnish a flag to drape the casket of each deceased veteran who—

"(1) was a veteran of any war, or of service after January 31, 1955;

"(2) had served at least one enlistment; or

"(3) had been discharged or released from the active military, naval, or air service for a disability incurred or aggravated in line of duty."

1991—Pub. L. 102–83, §5(a), renumbered section 901 of this title as this section.

Subsec. (d). Pub. L. 102–54 substituted "considers" for "deems", struck out comma after "this section", and struck out ", United States Code" after "title 10".

Subsec. (e). Pub. L. 102–83, §5(c)(1), substituted "2402(6)" for "1002(6)".

1989—Subsecs. (a), (d), (e). Pub. L. 101–237 substituted "Secretary" for "Administrator" wherever appearing.

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

1982—Subsec. (e). Pub. L. 97–306 added subsec. (e).

1970—Subsec. (a). Pub. L. 91–588, §9(g)(1), struck out reference to the Mexican border service.

Subsec. (c). Pub. L. 91–588, §9(g)(2), substituted "For the purpose of this section, the term 'Mexican border period' as defined in paragraph (30) of section 101 of this title includes the period beginning on January 1, 1911, and ending on May 8, 1916" for "For the purpose of this section, the term 'Mexican border service' means active military, naval, or air service during the period beginning on January 1, 1911, and ending on April 5, 1917, in Mexico, on the borders thereof, or in the waters adjacent thereto".

1967—Subsec. (d). Pub. L. 90–77 added subsec. (d).

1966—Subsec. (a)(1). Pub. L. 89–358 required a flag to be furnished to drape the casket of a deceased veteran who served after Jan. 31, 1955.

1961—Subsec. (a). Pub. L. 87–240, §1(1), inserted "or of Mexican border service" after "veteran of any war".

Subsec. (c). Pub. L. 87–240, §1(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–275 applicable with respect to the death, on or after Oct. 13, 2010, of the parent of a person described in section 2402(a)(9)(B) of this title, who dies on or after October 7, 2001, see section 502(e) of Pub. L. 111–275, set out as a note under section 107 of this title.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–330 applicable with respect to deaths occurring on or after Dec. 6, 2002, see section 201(d) of Pub. L. 107–330, set out as a note under section 112 of this title.

Effective Date of 1998 Amendment

Pub. L. 105–261, div. A, title X, §1073(b), Oct. 17, 1998, 112 Stat. 2138, provided that: "Subsection (g) of section 2301 of title 38, United States Code, as added by subsection (a), shall apply to flags procured by the Secretary of Veterans Affairs for the purposes of section 2301 of title 38, United States Code, after the end of the 30-day period beginning on the date of the enactment of this Act [Oct. 17, 1998]."

Effective Date of 1982 Amendment

Pub. L. 97–306, title IV, §402(b), Oct. 14, 1982, 96 Stat. 1443, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to burials after September 30, 1982."

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91–588, set out as a note under section 1521 of this title.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.

1 See References in Text note below.
38 U.S.C. § 5711 (2024) — Title 38: VETERANS' BENEFITS / Chapter 57 / Subchapter II / Section 5711: Authority to issue subpoenas
Authority to issue subpoenas
Status: in_force

(a) For the purposes of the laws administered by the Secretary, the Secretary, and those employees to whom the Secretary may delegate such authority, to the extent of the authority so delegated, shall have the power to—

(1) issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles from the place of hearing;

(2) require the production of books, papers, documents, and other evidence;

(3) take affidavits and administer oaths and affirmations;

(4) aid claimants in the preparation and presentation of claims; and

(5) make investigations and examine witnesses upon any matter within the jurisdiction of the Department.

(b) Any person required by such subpoena to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1237, §3311; renumbered §5711, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–54, §14(d)(5)(A), June 13, 1991, 105 Stat. 286.)

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 3311 of this title as this section.

Pub. L. 102–54 amended section as in effect immediately before the enactment of Pub. L. 102–40 by substituting "subpoenas" for "subpenas" in section catchline and amending text generally. Prior to amendment, text read as follows: "For the purposes of the laws administered by the Veterans' Administration, the Administrator, and those employees to whom the Administrator may delegate such authority, to the extent of the authority so delegated, shall have the power to issue subpenas for and compel the attendance of witnesses within a radius of one hundred miles from the place of hearing, to require the production of books, papers, documents, and other evidence, to take affidavits, to administer oaths and affirmations, to aid claimants in the preparation and presentation of claims, and to make investigations and examine witnesses upon any matter within the jurisdiction of the Veterans' Administration. Any person required by such subpena to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States."
38 U.S.C. § 3537 (2024) — Title 38: VETERANS' BENEFITS / Chapter 35 / Subchapter IV / Section 3537: Work-study allowance
Work-study allowance
Status: in_force

(a) Subject to subsection (b) of this section, the Secretary shall utilize, in connection with the activities described in section 3485(a) of this title, the services of any eligible person who is pursuing, in a State, at least a three-quarter-time program of education (other than a course of special restorative training) and shall pay to such person an additional educational assistance allowance (hereinafter in this section referred to as "work-study allowance") in return for such eligible person's agreement to perform such services. The amount of the work-study allowance shall be determined in accordance with section 3485(a) of this title.

(b) The Secretary's utilization of, and payment of a work-study allowance for, the services of an eligible person pursuant to subsection (a) of this section shall be subject to the same requirements, terms, and conditions as are set out in section 3485 of this title with regard to individuals pursuing at least three-quarter-time programs of education referred to in subsection (b) of such section.

(Added Pub. L. 101–237, title IV, §406(a)(1), Dec. 18, 1989, 103 Stat. 2082, §1737; renumbered §3537 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107–14, §8(a)(16), June 5, 2001, 115 Stat. 35.)

Editorial Notes

Amendments

2001—Subsec. (a). Pub. L. 107–14 substituted "hereinafter" for "hereafter".

1991—Pub. L. 102–83, §5(a), renumbered section 1737 of this title as this section.

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

Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "3485" for "1685".

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 101–237, title IV, §406(b), Dec. 18, 1989, 103 Stat. 2082, provided that: "The amendments made by this section [enacting this section] shall take effect on May 1, 1990."
38 U.S.C. § 3705 (2024) — Title 38: VETERANS' BENEFITS / Chapter 37 / Subchapter I / Section 3705: Warranties
Warranties
Status: in_force

(a) The Secretary shall require that in connection with any property upon which there is located a dwelling designed principally for not more than a four-family residence and which is appraised for guaranty or insurance before the beginning of construction, the seller or builder, and such other person as may be required by the Secretary to become warrantor, shall deliver to the purchaser or owner of such property a warranty that the dwelling is constructed in substantial conformity with the plans and specifications (including any amendments thereof, or changes and variations therein, which have been approved in writing by the Secretary) on which the Secretary based the Secretary's valuation of the dwelling. The Secretary shall deliver to the builder, seller, or other warrantor the Secretary's written approval (which shall be conclusive evidence of such appraisal) of any amendment of, or change or variation in, such plans and specifications which the Secretary deems to be a substantial amendment thereof, or change or variation therein, and shall file a copy of such written approval with such plans and specifications. Such warranty shall apply only with respect to such instances of substantial nonconformity to such approved plans and specifications (including any amendments thereof, or changes or variations therein, which have been approved in writing, as provided in this section, by the Secretary) as to which the purchaser or home owner has given written notice to the warrantor within one year from the date of conveyance of title to, or initial occupancy of, the dwelling, whichever first occurs. Such warranty shall be in addition to, and not in derogation of, all other rights and privileges which such purchaser or owner may have under any other law or instrument. The provisions of this section shall apply to any such property covered by a mortgage insured or guaranteed by the Secretary on and after October 1, 1954, unless such mortgage is insured or guaranteed pursuant to a commitment therefor made before October 1, 1954.

(b) The Secretary shall permit copies of the plans and specifications (including written approvals of any amendments thereof, or changes or variations therein, as provided in this section) for dwellings in connection with which warranties are required by subsection (a) of this section to be made available in their appropriate local offices for inspection or for copying by any purchaser, home owner, or warrantor during such hours or periods of time as the Secretary may determine to be reasonable.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1206, §1805; Pub. L. 94–324, §7(9), June 30, 1976, 90 Stat. 721; Pub. L. 101–237, title III, §313(b)(1), Dec. 18, 1989, 103 Stat. 2077; Pub. L. 102–54, §15(a)(1), June 13, 1991, 105 Stat. 288; renumbered §3705, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title XII, §1202(a)(2), Nov. 2, 1994, 108 Stat. 4689.)

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–446 made technical correction to directory language of Pub. L. 102–54, §15(a)(1)(A). See 1991 Amendment note below.

1991—Pub. L. 102–83, §5(a), renumbered section 1805 of this title as this section.

Subsec. (a). Pub. L. 102–54, §15(a)(1)(B), substituted "appraisal)" for "approval)" in second sentence.

Pub. L. 102–54, §15(a)(1)(A), as amended by Pub. L. 103–446, substituted "appraised" for "approved" before "for guaranty" in first sentence.

1989—Pub. L. 101–237 substituted "Secretary" and "Secretary's" for "Administrator" and "Administrator's", respectively, wherever appearing.

1976—Subsec. (a). Pub. L. 94–324 substituted "the Administrator's" for "his" wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–446, title XII, §1202(a), Nov. 2, 1994, 108 Stat. 4689, provided that the amendment made by that section is effective June 13, 1991, and as if included in the enactment of Pub. L. 102–54.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–324 effective June 30, 1976, see section 9(a) of Pub. L. 94–324, set out as a note under section 3701 of this title.
38 U.S.C. § 1922 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter I / Section 1922: Legacy service disabled veterans' insurance
Legacy service disabled veterans' insurance
Status: in_force

(a) Any person who is released from active military, naval, air, or space service, under other than dishonorable conditions on or after April 25, 1951, and is found by the Secretary to be suffering from a disability or disabilities for which compensation would be payable if 10 per centum or more in degree and except for which such person would be insurable according to the standards of good health established by the Secretary, shall, upon application in writing made within two years from the date service-connection of such disability is determined by the Secretary and payment of premiums as provided in this subchapter, be granted insurance by the United States against the death of such person occurring while such insurance is in force. If such a person is shown by evidence satisfactory to the Secretary to have been mentally incompetent during any part of the two-year period, application for insurance under this section may be filed within two years after a guardian is appointed or within two years after the removal of such disability as determined by the Secretary, whichever is the earlier date. If the guardian was appointed or the removal of the disability occurred before January 1, 1959, application for insurance under this section may be made within two years after that date. Insurance granted under this section shall be issued upon the same terms and conditions as are contained in the standard policies of National Service Life Insurance except (1) the premium rates for such insurance shall be based on the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2¼ per centum per annum; (2) all cash, loan, paid-up, and extended values shall be based upon the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2¼ per centum per annum; (3) all settlements on policies involving annuities shall be calculated on the basis of The Annuity Table for 1949, and interest at the rate of 2¼ per centum per annum; (4) insurance granted under this section shall be on a nonparticipating basis and all premiums and other collections therefor shall be credited directly to a revolving fund in the Treasury of the United States, and any payments on such insurance shall be made directly from such fund; and (5) administrative support financed by the appropriations for "General Operating Expenses, Department of Veterans Affairs" and "Information Technology Systems, Department of Veterans Affairs" for the program of insurance under this section shall be paid from premiums credited to the fund under paragraph (4), and payments for claims against the fund under paragraph (4) for amounts in excess of amounts credited to such fund under that paragraph (after such administrative costs have been paid) shall be paid from appropriations to the fund. Appropriations to such fund are hereby authorized. As to insurance issued under this section, waiver of premiums pursuant to section 602(n) of the National Service Life Insurance Act of 1940 and section 1912 of this title shall not be denied on the ground that the service-connected disability became total before the effective date of such insurance.

(b)(1) Any person who, on or after April 25, 1951, was otherwise qualified for insurance under the provisions of section 620 of the National Service Life Insurance Act of 1940, or under subsection (a) of this section, but who did not apply for such insurance and who is shown by evidence satisfactory to the Secretary (A) to have been mentally incompetent from a service-connected disability, (i) at the time of release from active service, or (ii) during any part of the two-year period from the date the service connection of a disability is first determined by the Secretary, or (iii) after release from active service but is not rated service-connected disabled by the Secretary until after death; and (B) to have remained continuously so mentally incompetent until date of death; and (C) to have died before the appointment of a guardian, or within two years after the appointment of a guardian; shall be deemed to have applied for and to have been granted such insurance, as of the date of death, in an amount which, together with any other United States Government or National Service life insurance in force, shall aggregate $10,000. The date to be used for determining whether such person was insurable according to the standards of good health established by the Secretary, except for the service-connected disability, shall be the date of release from active service or the date the person became mentally incompetent, whichever is the later.

(2) Payments of insurance granted under subsection (b)(1) of this section shall be made only to the following beneficiaries and in the order named—

(A) to the widow or widower of the insured, if living and while unremarried;

(B) if no widow or widower entitled thereto, to the child or children of the insured, if living, in equal shares;

(C) if no widow or widower or child entitled thereto, to the parent or parents of the insured who last bore that relationship, if living, in equal shares.

(3) No application for insurance payments under this subsection shall be valid unless filed with the Secretary within two years after the date of death of the insured or before January 1, 1961, whichever is the later, and the relationship of the applicant shall be proved as of the date of death of the insured by evidence satisfactory to the Secretary. Persons shown by evidence satisfactory to the Secretary to have been mentally or legally incompetent at the time the right to apply for death benefits expires, may make such application at any time within one year after the removal of such disability.

(4) Notwithstanding section 1917 of this title, insurance under this subsection shall be payable to the beneficiary determined under paragraph (2) of this subsection in a lump sum.

(c) The premium rate of any term insurance issued under this section shall not exceed the renewal age 70 premium rate.

(d)(1) The Secretary may not accept any application by a veteran to be insured under this section after December 31, 2022.

(2)(A) During the period beginning January 1, 2023, and ending December 31, 2025, a veteran who is insured under this section may elect to instead be insured under section 1922B of this title based on the age of the veteran at the time of such election.

(B)(i) A veteran who elects under subparagraph (A) to be insured under section 1922B of this title shall be subject to the two-year waiting period specified in subsection (c) of such section.

(ii) If the veteran dies during such period, the Secretary shall pay the beneficiary under this section, and, if applicable, under section 1922A, plus the amount of premiums paid by the veteran under such section 1922B, plus interest.

(3) Except as provided by paragraph (2)(B), a veteran may not be insured under this section and section 1922B simultaneously.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1155, §722; renumbered §1922 and amended Pub. L. 102–83, §§4(a)(2)(A)(iii)(IV), (D)(i), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 102–86, title II, §§201(a), 202(a), Aug. 14, 1991, 105 Stat. 415, 416; Pub. L. 103–446, title XII, §1201(i)(2), Nov. 2, 1994, 108 Stat. 4688; Pub. L. 106–419, title III, §311(a), Nov. 1, 2000, 114 Stat. 1854; Pub. L. 110–389, title IV, §404, Oct. 10, 2008, 122 Stat. 4175; Pub. L. 111–117, div. E, title II, §226, Dec. 16, 2009, 123 Stat. 3307; Pub. L. 116–283, div. A, title IX, §926(a)(32), Jan. 1, 2021, 134 Stat. 3830; Pub. L. 116–315, title II, §2004(b)(1), (c)(1), Jan. 5, 2021, 134 Stat. 4974.)

Editorial Notes

References in Text

Section 602(n) of the National Service Life Insurance Act of 1940, referred to in subsec. (a), is section 602(n) of act Oct. 8, 1940, ch. 757, title VI, pt. I, 54 Stat. 1009, which enacted section 802(n) of former Title 38, Pensions, Bonuses, and Veterans' Relief, and which was repealed and the provisions thereof reenacted as section 712 [now 1912] of this title by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105.

Section 620 of the National Service Life Insurance Act of 1940, referred to in subsec. (b)(1), is section 620 of act Oct. 8, 1940, ch. 757, title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt. II, §10, 65 Stat. 36, which enacted section 821 of former Title 38, Pensions, Bonuses, and Veterans' Relief, and which was repealed and the provisions thereof reenacted as this section by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105.

Amendments

2021—Pub. L. 116–315, §2004(c)(1), substituted "Legacy service" for "Service" in section catchline.

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

Subsec. (d). Pub. L. 116–315, §2004(b)(1), added subsec. (d).

2009—Subsec. (a)(5). Pub. L. 111–117 substituted "administrative support financed by the appropriations for 'General Operating Expenses, Department of Veterans Affairs' and 'Information Technology Systems, Department of Veterans Affairs' for" for "administrative costs to the Government for the costs of".

2008—Subsec. (a). Pub. L. 110–389 substituted "directly from such fund; and (5) administrative costs to the Government for the costs of the program of insurance under this section shall be paid from premiums credited to the fund under paragraph (4), and payments for claims against the fund under paragraph (4) for amounts in excess of amounts credited to such fund under that paragraph (after such administrative costs have been paid) shall be paid from appropriations to the fund" for "directly from such fund".

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

1994—Subsec. (b)(4). Pub. L. 103–446 substituted "Notwithstanding section 1917 of this title," for "Notwithstanding the provisions of section 1917 of this title,".

1991—Pub. L. 102–83, §5(a), renumbered section 722 of this title as this section.

Subsec. (a). Pub. L. 102–86, §201(a), amended subsec. (a) of this section as in effect before the redesignations made by Pub. L. 102–83, §5, by substituting "two years" for "one year" wherever appearing and "two-year" for "one-year".

Pub. L. 102–83, §5(c)(1), substituted "1912" for "712".

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

Pub. L. 102–83, §4(a)(2)(A)(iii)(IV), substituted "Secretary" for "Veterans' Administration" after first reference to "determined by the".

Subsec. (b)(1). Pub. L. 102–86, §201(a), amended subsec. (b)(1) of this section as in effect before the redesignations made by Pub. L. 102–83, §5, by substituting "two-year" for "one-year" and "two years" for "one year".

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

Pub. L. 102–83, §4(a)(2)(A)(iii)(IV), substituted "Secretary" for "Veterans' Administration" in two places.

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

Pub. L. 102–83, §4(a)(2)(D)(i), substituted "with the Secretary" for "in the Veterans' Administration".

Subsec. (b)(4). Pub. L. 102–86, §202(a)(1), amended subsec. (b) of this section as in effect before the redesignations made by Pub. L. 102–83, §5, by amending par. (4) generally. Prior to amendment, par. (4) read as follows: "Notwithstanding the provisions of section 717 of this title, insurance under this subsection shall be payable at the election of the first beneficiary in 240 equal monthly installments or under the options specified in section 717(b)(3) or (4) of this title. Any installments certain of insurance remaining unpaid at the death of any beneficiary shall be paid in equal monthly installments in an amount equal to the monthly installments paid to the first beneficiary, to the person or persons then in being within the classes specified in subsection (b)(2) of this section and in the order named."

Pub. L. 102–83, §5(c)(1), amended par. (4) as amended by Pub. L. 102–86, §202(a)(1), by substituting "1917" for "717". See above.

Subsec. (b)(5). Pub. L. 102–86, §202(a)(2), amended subsec. (b) of this section as in effect before the redesignations by Pub. L. 102–83, §5, by striking out par. (5) which read as follows: "The right of any beneficiary to payment of any installments shall be conditioned upon his or her being alive to receive such payments. No person shall have a vested right to any installment or installments of any such insurance and any installments not paid to a beneficiary during such beneficiary's lifetime shall be paid to the beneficiary or beneficiaries within the permitted class next entitled to priority, as provided in subsection (b)(2) of this section. No installments of such insurance shall be paid to the heirs or legal representatives as such of the insured or of any beneficiary, and if no person within the permitted class survives to receive the insurance or any part thereof no payment of the unpaid installments shall be made."

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Pub. L. 102–86, title II, §201(b), Aug. 14, 1991, 105 Stat. 415, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to any person who, on or after September 1, 1991, is found by the Secretary of Veterans Affairs to be eligible for insurance under section 722 [now 1922] of title 38, United States Code."

Pub. L. 102–86, title II, §202(b), Aug. 14, 1991, 105 Stat. 416, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to deaths occurring before, on, or after the date of the enactment of this Act [Aug. 14, 1991]. In the case of insurance under section 722(b) [now 1922(b)] of title 38, United States Code, payable by reason of a death before the date of the enactment of this Act, the Secretary shall pay the remaining balance of such insurance in a lump sum as soon as practicable after the date of the enactment of this Act."
38 U.S.C. § 1720L (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter II / Section 1720L: Home- and community-based services: programs
Home- and community-based services: programs
Status: in_force

(a) In General.—In furnishing noninstitutional alternatives to nursing home care pursuant to the authority of section 1720C of this title (or any other authority under this chapter or other provision of law administered by the Secretary of Veterans Affairs), the Secretary shall carry out each of the programs specified in this section in accordance with such relevant authorities except as otherwise provided in this section.

(b) Veteran-Directed Care Program.—(1) The Secretary of Veterans Affairs, in collaboration with the Secretary of Health and Human Services, shall carry out a program to be known as the "Veteran-Directed Care program". Under such program, the Secretary of Veterans Affairs may enter into agreements with the providers described in paragraph (2) to provide to eligible veterans funds, to the extent practicable, to obtain such in-home care services and related items that support clinical need and improve quality of life, as may be determined appropriate by the Secretary of Veterans Affairs and selected by the veteran, including through the veteran hiring individuals to provide such services and items or directly purchasing such services and items.

(2) The providers described in this paragraph are the following:

(A) An Aging and Disability Resource Center, an area agency on aging, or a State agency.

(B) A center for independent living.

(C) An Indian tribe or tribal organization receiving assistance under title VI of the Older Americans Act of 1965 (42 U.S.C. 3057 et seq.).

(D) Any other entity that the Secretary, in consultation with the Secretary of Health and Human Services, determines appropriate.

(3) In carrying out the Veteran-Directed Care program, the Secretary of Veterans Affairs shall—

(A) administer such program through each medical center of the Department of Veterans Affairs;

(B) seek to ensure the availability of such program in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States, to the extent practicable; and

(C) seek to ensure the availability of such program for eligible veterans who are Native American veterans receiving care and services furnished by the Indian Health Service, a tribal health program, an Urban Indian organization, or (in the case of a Native Hawaiian veteran) a Native Hawaiian health care system, to the extent practicable.

(4) If a veteran participating in the Veteran-Directed Care program is hospitalized, the veteran may continue to use funds under the program during a period of hospitalization in the same manner that the veteran would be authorized to use such funds under the program if the veteran were not hospitalized.

(c) Homemaker and Home Health Aide Program.—(1) The Secretary shall carry out a program to be known as the "Homemaker and Home Health Aide program" under which the Secretary may enter into agreements with home health agencies to provide to eligible veterans such home health aide services as may be determined appropriate by the Secretary.

(2) In carrying out the Homemaker and Home Health Aide program, the Secretary shall—

(A) administer such program in the locations specified in subparagraph (A) of subsection (b)(3);

(B) seek to ensure the availability of such program in the locations specified in subparagraph (B) of subsection (b)(3); and

(C) seek to ensure the availability of such program for the veteran populations specified in subparagraph (C) of subsection (b)(3).

(d) Home-Based Primary Care Program.—The Secretary shall carry out a program to be known as the "Home-Based Primary Care program" under which the Secretary may furnish to eligible veterans in-home health care, the provision of which is overseen by a provider of the Department.

(e) Purchased Skilled Home Care Program.—The Secretary shall carry out a program to be known as the "Purchased Skilled Home Care program" under which the Secretary may furnish to eligible veterans such in-home care services as may be determined appropriate and selected by the Secretary for the veteran.

(f) Caregiver Support.—(1) With respect to a resident eligible caregiver of a veteran participating in a program under this section, the Secretary shall—

(A) if the veteran meets the requirements of a covered veteran under section 1720G(b) of this title, provide to such caregiver the option of enrolling in the program of general caregiver support services under such section;

(B) provide to such caregiver covered respite care of not less than 30 days annually; and

(C) conduct on an annual basis (and, to the extent practicable, in connection with in-person services provided under the program in which the veteran is participating), a wellness contact of such caregiver.

(2) Covered respite care provided to a resident eligible caregiver of a veteran under paragraph (1) may exceed 30 days annually if such extension is requested by the resident eligible caregiver or veteran and determined medically appropriate by the Secretary.

(g) Rule of Construction.—Nothing in this section shall be construed to limit the authority of the Secretary to carry out programs providing home- and community-based services under any other provision of law.

(h) Definitions.—In this section:

(1) The terms "Aging and Disability Resource Center", "area agency on aging", and "State agency" have the meanings given those terms in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002).

(2) The terms "caregiver" and "family caregiver", with respect to a veteran, have the meanings given those terms, respectively, under subsection (e) 1 of section 1720G of this title with respect to an eligible veteran under subsection (a) of such section or a covered veteran under subsection (b) of such section, as the case may be.

(3) The term "center for independent living" has the meaning given that term in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a).

(4) The term "covered respite care" has the meaning given such term in section 1720G(d) of this title.

(5) The term "eligible veteran" means any veteran—

(A) for whom the Secretary determines participation in a specific program under this section is medically necessary to promote, preserve, or restore the health of the veteran; and

(B) who absent such participation would be at increased risk for hospitalization, placement in a nursing home, or emergency room care.

(6) The term "home health aide" means an individual employed by a home health agency to provide in-home care services.

(7) The term "in-home care service" means any service, including a personal care service, provided to enable the recipient of such service to live at home.

(8) The terms "Indian tribe" and "tribal organization" have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(9) The terms "Native American" and "Native American veteran" have the meanings given those terms in section 3765 of this title.

(10) The terms "Native Hawaiian" and "Native Hawaiian health care system" have the meanings given those terms in section 12 of the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11711).

(11) The terms "tribal health programs" and "Urban Indian organizations" have the meanings given those terms in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).

(12) The term "resident eligible caregiver" means an individual who—

(A) is a caregiver, or a family caregiver, of a veteran and resides with that veteran; and

(B) has not entered into a contract, agreement, or other arrangement for such individual to act as a caregiver for that veteran unless such individual is a family member of the veteran or is furnishing caregiver services through a medical foster home.

(Added Pub. L. 118–210, title I, §123(a), Jan. 2, 2025, 138 Stat. 2726.)

Statutory Notes and Related Subsidiaries

Deadline for Improved Administration

Pub. L. 118–210, title I, §123(b), Jan. 2, 2025, 138 Stat. 2729, provided that: "The Secretary of Veterans Affairs shall ensure that the Veteran-Directed Care program and the Homemaker and Home Health Aide program are administered through each medical center of the Department of Veterans Affairs in accordance with section 1720L of title 38, United States Code (as added by subsection (a)), by not later than two years after the date of the enactment of this Act [Jan. 2, 2025]."

[For definitions of "Veteran-Directed Care program" and "Homemaker and Home Health Aide program" as used in section 123(b) of Pub. L. 118–210, set out above, see section 133 of Pub. L. 118–210, set out below.]

Administration of Veteran-Directed Care Program

Pub. L. 118–210, title I, §123(c), Jan. 2, 2025, 138 Stat. 2729, provided that:

"(1) Procedures.—

"(A) The Secretary [probably means the Secretary of Veterans Affairs] shall establish procedures to—

"(i) identify the staffing needs for the Veteran-Directed Care program of the Department of Veterans Affairs under such section [section 1720L of this title] (as added by subsection (a)); and

"(ii) define the roles and responsibilities for personnel of the Department responsible for the administration of such program, including such personnel employed at the national, Veterans Integrated Service Network, or medical facility level.

"(B) The responsibilities described in clause (ii) of subparagraph (A) shall include responsibilities for engagement with—

"(i) veterans participating in such program;

"(ii) veterans interested in participating in such program; and

"(iii) providers described in section 1720L(b)(2) [of this title] (as added by subsection (a)).

"(2) Staffing model; report.—Not later than two years after enactment of this Act [Jan. 2, 2025], the Secretary of Veterans Affairs shall—

"(A) establish a staffing model for the administration of such program at each medical facility of the Department of Veterans Affairs; and

"(B) submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report containing the following:

"(i) A description of—

"(I) the staffing model described in subparagraph (A); and

"(II) the rationale for such staffing model.

"(ii) An identification of the ratio of staff required to administer such program to the number of veterans served by such program, disaggregated by each medical facility of the Department of Veterans Affairs.

"(iii) A description of budgetary resources or other support, if any, required to accommodate an increase in staffing at medical facilities of the Department of Veterans Affairs pursuant to the requirements of the staffing model described in subparagraph (A).

"(iv) Such other matters as the Secretary of Veterans Affairs determines appropriate."

[For definition of "Veteran-Directed Care program" as used in section 123(c) of Pub. L. 118–210, set out above, see section 133 of Pub. L. 118–210, set out below.]

Improvements Relating to Homemaker and Home Health Aide Program

Pub. L. 118–210, title I, §126, Jan. 2, 2025, 138 Stat. 2733, provided that:

"(a) Pilot Program for Communities With Shortage of Home Health Aides.—

"(1) Program.—Beginning not later than 18 months after the date of the enactment of this Act [Jan. 2, 2025], the Secretary [probably means the Secretary of Veterans Affairs] shall carry out a three-year pilot program under which the Secretary shall provide homemaker and home health aide services to veterans who reside in communities with a shortage of home health aides.

"(2) Locations.—The Secretary shall select not fewer than five geographic locations in which the Secretary determines there is a shortage of home health aides at which to carry out the pilot program under paragraph (1).

"(3) Nursing assistants.—

"(A) In general.—In carrying out the pilot program under paragraph (1), the Secretary may hire nursing assistants as new employees of the Department of Veterans Affairs, or reassign nursing assistants who are existing employees of the Department, to provide to veterans in-home care services (including basic tasks authorized by the State certification of the nursing assistant) under the pilot program, in lieu of or in addition to the provision of such services through non-Department home health aides.

"(B) Relationship to home-based primary care program.—Nursing assistants hired or reassigned under subparagraph (A) may provide services to a veteran under the pilot program under paragraph (1) while serving as part of a health care team for the veteran under the Home-Based Primary Care program.

"(4) Report to congress.—Not later than one year before the date of the termination of the pilot program under paragraph (1), the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report that includes—

"(A) a statement of the results of such pilot program; and

"(B) an assessment of the feasibility and advisability of—

"(i) extending such pilot program; or

"(ii) making such pilot program a permanent program of the Department of Veterans Affairs.

"(b) Report on Use of Funds.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report containing, with respect to the period beginning in fiscal year 2012 and ending in fiscal year 2024, the following:

"(1) An identification of the amount of funds that were included in a budget of the Department of Veterans Affairs during such period for the provision of in-home care to veterans under the Homemaker and Home Health Aide program but were not expended for such provision, disaggregated by [the] medical center of the Department for which such unexpended funds were budgeted (if such disaggregation is possible).

"(2) To the extent practicable, an identification of the number of veterans for whom, during such period, the hours during which a home health aide was authorized to provide services to the veteran under the Homemaker and Home Health Aide program were reduced for a reason other than a change in the health care needs of the veteran, and a detailed description of the reasons why any such reductions may have occurred.

"(c) Updated Guidance on Program.—Not later than one year after the date of the enactment of this Act, the Secretary shall issue updated guidance for the Homemaker and Home Health Aide program. Such updated guidance shall include the following:

"(1) A process for the transition of veterans from the Homemaker and Home Health Aide program to other covered programs.

"(2) A requirement for the directors of the medical facilities of the Department to complete such process whenever a veteran with care needs has been denied services from home health agencies under the Homemaker and Home Health Aide program as a result of the clinical needs or behavioral issues of the veteran."

[For definitions of "home health aide", "Homemaker and Home Health Aide program", and "Home-Based Primary Care program" as used in section 126 of Pub. L. 118–210, set out above, see section 133 of Pub. L. 118–210, set out below.]

Reviews and Other Improvements Relating to Home- and Community-Based Services

Pub. L. 118–210, title I, §130, Jan. 2, 2025, 138 Stat. 2738, provided that:

"(a) Office of Geriatric and Extended Care.—

"(1) Review of programs.—The Under Secretary for Health of the Department of Veterans Affairs shall conduct a review of each program administered through the Office of Geriatric and Extended Care of the Department and the Caregiver Support Program Office of the Department, or any successor offices, to—

"(A) eliminate service gaps at the medical center level; and

"(B) ensure—

"(i) the clinical needs of veterans are met;

"(ii) consistency in program management;

"(iii) the availability of, and the access by veterans to, home- and community-based services, including for veterans living in rural areas; and

"(iv) proper coordination between covered programs.

"(2) Assessment of staffing needs.—The Secretary of Veterans Affairs shall conduct an assessment of the staffing needs of the Office of Geriatric and Extended Care of the Department and the Caregiver Support Program Office of the Department, or any successor offices.

"(3) Goals for geographic alignment of care.—

"(A) Establishment of goals.—The Director of the Office of Geriatric and Extended Care, or successor office, shall establish quantitative goals to enable aging or disabled veterans who are not located near medical centers of the Department to access extended care services (including by improving access to home- and community-based services for such veterans).

"(B) Implementation timeline.—Each goal established under subparagraph (A) shall include a timeline for the implementation of the goal at each medical center of the Department.

"(4) Goals for in-home specialty care.—The Director of the Office of Geriatric and Extended Care, or successor office, shall establish quantitative goals to address the specialty care needs of veterans through in-home care, including by ensuring the education of home health aides and caregivers of veterans in the following areas:

"(A) Dementia care.

"(B) Care for spinal cord injuries and diseases.

"(C) Ventilator care.

"(D) Other speciality [sic] care areas as determined by the Secretary.

"(5) Input on goals.—To the extent practicable, the head of the Caregiver Support Program Office, or successor office, shall provide to the Director of the Office of Geriatric and Extended Care, or successor office, input with respect to the establishment of the goals under paragraphs (3) and (4).

"(6) Report to congress.—Not later than one year after the date of the enactment of this Act [Jan. 2, 2025], the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report containing the findings of the review under paragraph (1), the results of the assessment under paragraph (2), and the goals established under paragraphs (3) and (4).

"(b) Review of Incentives and Efforts Relating to Home- and Community-based Services.—

"(1) Review.—The Secretary of Veterans Affairs shall conduct a review of the following:

"(A) The financial and organizational incentives or disincentives for the directors of medical centers of the Department to establish or expand covered programs at such medical centers.

"(B) Any incentives or disincentives for such directors to provide to veterans home- and community-based services in lieu of institutional care.

"(C) The efforts taken by the Secretary to enhance spending of the Department for extended care by balancing spending between institutional care and home- and community-based services consistent with the demand for such services.

"(D) The plan of the Under Secretary for Health of the Department to accelerate efforts to enhance spending as specified in subparagraph (C), to match the progress of similar efforts taken by the Administrator of the Centers for Medicare & Medicaid Services with respect to spending of the Centers for Medicare & Medicaid Services for extended care.

"(2) Report to congress.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the findings of the review under paragraph (1).

"(c) Review of Respite Care Services.—Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall conduct a review of the use, availability, cost, and effectiveness, of the respite care services furnished by the Secretary under chapter 17 of title 38, United States Code, including—

"(1) the frequency at which the Department of Veterans Affairs is unable to meet demand for such services;

"(2) a detailed description of—

"(A) the reasons the Department of Veterans Affairs is unable to meet the demand for such services; and

"(B) any actions, or planned actions, of the Secretary of Veterans Affairs to ensure such demand is met.

"(d) Collaboration to Improve Home- and Community-based Services.—

"(1) Recommendations.—

"(A) Development.—The Secretary of Veterans Affairs shall develop recommendations as follows:

"(i) With respect to home- and community-based services for veterans, the Secretary of Veterans Affairs shall develop recommendations regarding new services (in addition to those furnished as of the date of enactment of this Act) in collaboration with the Secretary of Health and Human Services.

"(ii) With respect to the national shortage of home health aides, the Secretary of Veterans Affairs shall develop recommendations regarding methods to address such shortage in collaboration with the Secretary of Health and Human Services and the Secretary of Labor.

"(B) Submission to congress.—The Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report containing the recommendations developed under subparagraph (A) and an identification of any changes in existing law or new statutory authority necessary to implement the recommendations, as determined by the Secretary.

"(C) Consultation with secretary of labor.—In carrying out this paragraph, the Secretary of Veterans Affairs shall consult with the Secretary of Labor.

"(2) Feedback and recommendations on caregiver support.—

"(A) Feedback and recommendations.—The Secretary of Veterans Affairs shall solicit from the entities described in subparagraph (B) feedback and recommendations regarding opportunities for the Secretary to enhance home- and community-based services for veterans and the caregivers of veterans, including through the potential provision by the entity of care and respite services to veterans and caregivers who may not be eligible for any program under section 1720G of title 38, United States Code, or section 1720L of such title (as added by section 123), but have a need for assistance.

"(B) Covered entities.—The entities described in this subparagraph are veterans service organizations and nonprofit organizations with a focus on caregiver support or long term care (as determined by the Secretary).

"(3) Collaboration for certain veterans.—The Secretary of Veterans Affairs shall collaborate with the Director of the Indian Health Service and representatives from tribal health programs and Urban Indian organizations to ensure the availability of home- and community-based services for—

"(A) Native American veterans, including Native American veterans receiving health care and medical services under multiple health care systems; and

"(B) Native Hawaiian veterans, including Native Hawaiian veterans receiving health care and medical services under the Native Hawaiian health care system."

[For definitions of "home- and community-based services", "covered programs", "home health aides", "caregivers", "veterans service organizations", "tribal health programs", "Urban Indian organizations", and "Native American veterans" as used in section 130 of Pub. L. 118–210, set out above, see section 133 of Pub. L. 118–210, set out below.]

Development of Centralized Website for Program Information

Pub. L. 118–210, title I, §132, Jan. 2, 2025, 138 Stat. 2742, provided that:

"(a) Centralized Website.—The Secretary [probably means the Secretary of Veterans Affairs] shall develop and maintain a centralized and publically accessible internet website of the Department [probably means the Department of Veterans Affairs] as a clearinghouse for information and resources relating to covered programs.

"(b) Contents.—The website under subsection (a) shall contain the following:

"(1) A description of each covered program.

"(2) An informational assessment tool that—

"(A) explains the administrative eligibility, if applicable, of a veteran, or a caregiver of a veteran, for any covered program; and

"(B) provides information, as a result of such explanation, on any covered program for which the veteran or caregiver (as the case may be) may be eligible.

"(3) A list of required procedures for the directors of the medical facilities of the Department to follow in determining the eligibility and suitability of veterans for participation in a covered program, including procedures applicable to instances in which the resource constraints of a facility (or of a community in which a facility is located) may result in the inability to address the health needs of a veteran under a covered program in a timely manner.

"(c) Updates.—The Secretary shall ensure the website under subsection (a) is updated on a periodic basis."

[For definitions of "covered program" and "caregiver" as used in section 132 of Pub. L. 118–210, set out above, see section 133 of Pub. L. 118–210, set out below.]

Definitions

Pub. L. 118–210, title I, §133, Jan. 2, 2025, 138 Stat. 2742, provided that:

"In this subtitle [subtitle B (§§120–133) of title I of Pub. L. 118–210, enacting sections 1720K and 1720L of this title, amending sections 1720C and 1720G of this title, and enacting provisions set out as notes under this section and section 1710B, 1720C, 1720G, 1720K, and 1741 of this title]:

"(1) The terms 'caregiver' and 'family caregiver' have the meanings given those terms under section 1720L(h) of title 38, United States Code (as added by section 123).

"(2) The term 'covered program'—

"(A) means any program of the Department of Veterans Affairs for home- and community-based services; and

"(B) includes the programs specified in section 1720L of title 38, United States Code (as added by section 123).

"(3) The term 'home- and community-based services'—

"(A) means the services referred to in section 1701(6)(E) of title 38, United States Code; and

"(B) includes services furnished under a program specified in section 1720L of such title (as added by section 123).

"(4) The terms 'Home-Based Primary Care program', 'Homemaker and Home Health Aide program', and 'Veteran-Directed Care program' mean the programs of the Department of Veterans Affairs specified in subsection (d), (c), and (b) of such section 1720L, respectively.

"(5) The terms 'home health aide', 'Native American', 'Native American veteran', 'tribal health programs', and "Urban Indian organizations" have the meanings given those terms in subsection (h) of such section 1720L.

"(6) The term 'veterans service organization' means any organization recognized by the Secretary under section 5902 of such title."

1 So in original. Probably should be "subsection (d)".
38 U.S.C. § 2101 (2024) — Title 38: VETERANS' BENEFITS / Chapter 21 / Section 2101: Acquisition and adaptation of housing: eligible veterans
Acquisition and adaptation of housing: eligible veterans
Status: in_force

(a) Acquisition of Housing With Special Features.—(1) Subject to paragraphs (3) and (4), the Secretary may assist a disabled veteran described in paragraph (2) in acquiring a suitable housing unit with special fixtures or movable facilities made necessary by the nature of the veteran's disability, and necessary land therefor.

(2)(A) A veteran is described in this paragraph if the veteran—

(i) is entitled to compensation under chapter 11 of this title for a service-connected disability that meets any of the criteria described in subparagraph (B); or

(ii) served in the Armed Forces on or after September 11, 2001, and is entitled to compensation under chapter 11 of this title for a permanent service-connected disability that meets the criterion described in subparagraph (C).

(B) The criteria described in this subparagraph are as follows:

(i) The permanent and total disability is due to the loss, or loss of use, of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.

(ii) The permanent disability is due to blindness in both eyes, having central visual acuity of 20/200 or less in the better eye with the use of a standard correcting lens. For the purposes of this clause, an eye with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less.

(iii) The permanent and total disability is due to the loss or loss of use of one lower extremity together with—

(I) residuals of organic disease or injury; or

(II) the loss or loss of use of one upper extremity,

which so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.

(iv) The permanent and total disability is due to the loss, or loss of use, of both upper extremities such as to preclude use of the arms at or above the elbows.

(v) The permanent and total disability is due to a severe burn injury (as determined pursuant to regulations prescribed by the Secretary).

(C) The criterion described in this subparagraph is that the disability—

(i) was incurred on or after September 11, 2001; and

(ii) is due to the loss or loss of use of one or more lower extremities which so affects the functions of balance or propulsion as to preclude ambulating without the aid of braces, crutches, canes, or a wheelchair.

(3) The regulations prescribed under subsection (d) shall require that assistance under paragraph (1) may be provided to a veteran only if the Secretary finds that—

(A) it is medically feasible for the veteran to reside in the proposed housing unit and in the proposed locality;

(B) the proposed housing unit bears a proper relation to the veteran's present and anticipated income and expenses; and

(C) the nature and condition of the proposed housing unit are such as to be suitable to the veteran's needs for dwelling purposes.

(4) In any fiscal year, the Secretary may not approve more than 120 applications for assistance under paragraph (1) for disabled veterans described in paragraph (2)(A)(ii).

(b) Adaptations to Residence of Veteran.—(1) Subject to paragraph (3), the Secretary shall assist any disabled veteran described in paragraph (2) (other than a veteran who is eligible for assistance under subsection (a))—

(A) in acquiring such adaptations to such veteran's residence as are determined by the Secretary to be reasonably necessary because of such disability; or

(B) in acquiring a residence already adapted with special features determined by the Secretary to be reasonably necessary for the veteran because of such disability.

(2) A veteran is described in this paragraph if the veteran is entitled to compensation under chapter 11 of this title for a service-connected disability that meets any of the following criteria:

(A) A permanent and total disability that includes the anatomical loss or loss of use of both hands.

(B) A permanent and total disability that is due to a severe burn injury (as so determined).

(3) Assistance under paragraph (1) may be provided only to a veteran who the Secretary determines—

(A) is residing in and reasonably intends to continue residing in a residence owned by such veteran or by a member of such veteran's family; or

(B) if the veteran's residence is to be constructed or purchased, will be residing in and reasonably intends to continue residing in a residence owned by such veteran or by a member of such veteran's family.

(c) Regulations.—Assistance under this section shall be provided in accordance with such regulations as the Secretary may prescribe.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1168, §801; Pub. L. 86–239, Sept. 8, 1959, 73 Stat. 472; Pub. L. 88–401, Aug. 4, 1964, 78 Stat. 380; Pub. L. 91–22, §1, June 6, 1969, 83 Stat. 32; Pub. L. 95–117, title IV, §401, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 96–385, title III, §301(a), Oct. 7, 1980, 94 Stat. 1531; Pub. L. 99–576, title IV, §401(a), title VII, §§701(48), 702(7), Oct. 28, 1986, 100 Stat. 3280, 3295, 3302; renumbered §2101 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 108–183, title IV, §401, Dec. 16, 2003, 117 Stat. 2664; Pub. L. 108–454, title IV, §401, Dec. 10, 2004, 118 Stat. 3614; Pub. L. 109–233, title I, §105(a), June 15, 2006, 120 Stat. 402; Pub. L. 110–289, div. B, title VI, §§2602(b)(1), (7)(A), 2603, July 30, 2008, 122 Stat. 2859, 2860; Pub. L. 112–154, title II, §§202(a), (c), 203(a), Aug. 6, 2012, 126 Stat. 1176, 1177; Pub. L. 113–37, §2(g), Sept. 30, 2013, 127 Stat. 524; Pub. L. 113–175, title IV, §405, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, §407, title VI, §601(10), (11), Sept. 30, 2015, 129 Stat. 535, 538; Pub. L. 114–228, title IV, §408, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, §407, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, §121, Sept. 29, 2018, 132 Stat. 3169; Pub. L. 116–154, §§2, 3(b), Aug. 8, 2020, 134 Stat. 690, 691.)

Editorial Notes

Prior Provisions

Prior section 2101, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1222, related to eligibility for mustering-out payments, prior to repeal by Pub. L. 89–50, §1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966.

Amendments

2020—Subsec. (a)(2)(A)(i). Pub. L. 116–154, §2(1)(A), struck out "permanent and total" before "service-connected disability".

Subsec. (a)(2)(B)(i). Pub. L. 116–154, §2(1)(B)(i), inserted "permanent and total" before "disability".

Subsec. (a)(2)(B)(ii). Pub. L. 116–154, §2(1)(B)(ii), inserted "permanent" before "disability", substituted "due to blindness in both eyes, having central visual acuity of 20/200 or less in the better eye with the use of a standard correcting lens. For the purposes of this clause, an eye with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less." for "due to—", and struck out subcls. (I) and (II) which read as follows:

"(I) blindness in both eyes, having only light perception, plus

"(II) loss or loss of use of one lower extremity."

Subsec. (a)(2)(B)(iii) to (v). Pub. L. 116–154, §2(1)(B)(i), inserted "permanent and total" before "disability".

Subsec. (a)(4). Pub. L. 116–154, §3(b), substituted "120 applications" for "30 applications".

Subsec. (b)(2). Pub. L. 116–154, §2(2), redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: "The disability is due to blindness in both eyes, having central visual acuity of 20/200 or less in the better eye with the use of a standard correcting lens. For the purposes of this subparagraph, an eye with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less."

2018—Subsec. (a)(4). Pub. L. 115–251 substituted "In any fiscal year, the Secretary" for "(B) In each of fiscal years 2014 through 2018, the Secretary" and struck out subpar. (A) which read as follows: "Except as provided in subparagraph (B), the Secretary's authority to furnish assistance under paragraph (1) to a disabled veteran described in paragraph (2)(A)(ii) shall apply only with respect to applications for such assistance approved by the Secretary on or before September 30, 2018."

2017—Subsec. (a)(4)(A). Pub. L. 115–62, §407(1), substituted "September 30, 2018" for "September 30, 2017".

Subsec. (a)(4)(B). Pub. L. 115–62, §407(2), substituted "2018" for "2017".

2016—Subsec. (a)(4)(A). Pub. L. 114–228, §408(1), substituted "September 30, 2017" for "September 30, 2016".

Subsec. (a)(4)(B). Pub. L. 114–228, §408(2), substituted "2017" for "2016".

2015—Subsec. (a)(2). Pub. L. 114–58, §601(10), realigned margins.

Subsec. (a)(2)(B)(ii). Pub. L. 114–58, §601(11), added cl. (ii) and struck out former cl. (ii) which read as follows: "The disability is due to—

"(I) blindness in both eyes, having only light perception, plus (ii) loss or loss of use of one lower extremity."

Subsec. (a)(4)(A). Pub. L. 114–58, §407(1), substituted "September 30, 2016" for "September 30, 2015".

Subsec. (a)(4)(B). Pub. L. 114–58, §407(2), substituted "each of fiscal years 2014 through 2016" for "each of fiscal years 2014 and 2015".

2014—Subsec. (a)(4)(A). Pub. L. 113–175, §405(1), substituted "September 30, 2015" for "September 30, 2014".

Subsec. (a)(4)(B). Pub. L. 113–175, §405(2), substituted "each of fiscal years 2014 and 2015" for "fiscal year 2014".

2013—Subsec. (a)(4). Pub. L. 113–37 designated existing provisions as subpar. (A), substituted "Except as provided in subparagraph (B), the Secretary's" for "The Secretary's" and "September 30, 2014" for "September 30, 2013", and added subpar. (B).

2012—Subsec. (a)(1). Pub. L. 112–154, §202(c)(1), substituted "to paragraphs (3) and (4)" for "to paragraph (3)".

Subsec. (a)(2). Pub. L. 112–154, §202(a), amended par. (2) generally. Prior to amendment, par. (2) provided description of disabled veteran whom Secretary may assist in acquiring suitable housing.

Subsec. (a)(4). Pub. L. 112–154, §202(c)(2), added par. (4).

Subsec. (b)(2). Pub. L. 112–154, §203(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "A veteran is described in this paragraph if the veteran is entitled to compensation under chapter 11 of this title for a permanent and total service-connected disability that meets any of the following criteria:

"(A) The disability is due to blindness in both eyes with 5/200 visual acuity or less.

"(B) The disability includes the anatomical loss or loss of use of both hands.

"(C) The disability is due to a severe burn injury (as so determined)."

2008—Pub. L. 110–289, §2602(b)(7)(A), amended section catchline generally. Prior to amendment, catchline read as follows: "Veterans eligible for assistance".

Subsec. (a)(2)(E). Pub. L. 110–289, §2603(1), added subpar. (E).

Subsec. (b)(2). Pub. L. 110–289, §2603(2)(A), substituted "any" for "either" in introductory provisions.

Subsec. (b)(2)(C). Pub. L. 110–289, §2603(2)(B), added subpar. (C).

Subsecs. (c), (d). Pub. L. 110–289, §2602(b)(1), redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to provision of specially adapted housing to a member of the Armed Forces serving on active duty and suffering from a disability whose disability was the result of an injury incurred or disease contracted in or aggravated in the line of duty. See section 2101A of this title.

2006—Subsec. (a)(3). Pub. L. 109–233, §105(a)(3), substituted "subsection (d)" for "subsection (c)" in introductory provisions.

Subsec. (c). Pub. L. 109–233, §105(a)(2), added subsec. (c) consisting of the text of subsec. (c) of this section as in effect immediately before the enactment of Pub. L. 108–454, as modified by amendments to pars. (1) and (2) below. See 2004 Amendment note below. Former subsec. (c) redesignated (d).

Subsec. (c)(1). Pub. L. 109–233, §105(a)(2)(A), substituted "subparagraph (A), (B), (C), or (D) of paragraph (2)" for "paragraph (1), (2), or (3)" and "paragraph (3)" for "the second sentence".

Subsec. (c)(2). Pub. L. 109–233, §105(a)(2)(B), substituted "paragraph (2)" for "paragraph (1)" in first sentence and "paragraph (3)" for "paragraph (2)" in second sentence.

Subsec. (d). Pub. L. 109–233, §105(a)(1), redesignated subsec. (c) as (d).

2004—Pub. L. 108–454 amended text of section generally. Prior to amendment, section consisted of subsecs. (a) and (b) authorizing the Secretary to assist veterans entitled to compensation under chapter 11 of this title for permanent and total service-connected disability due to loss or loss of use of lower extremities, blindness, or loss or loss of use of both hands and subsec. (c) authorizing similar assistance to members of the Armed Forces serving on active duty.

2003—Subsec. (c). Pub. L. 108–183 added subsec. (c).

1991—Pub. L. 102–83 renumbered section 801 of this title as this section and substituted "Secretary" for "Administrator" wherever appearing.

1986—Subsec. (a). Pub. L. 99–576, §§701(48), 702(7), substituted "the Administrator" for "he" and "veteran who" for "veteran, who", and struck out ", based on service after April 20, 1898," after "chapter 11 of this title".

Subsec. (b)(1). Pub. L. 99–576, §401(a), inserted at end "or in acquiring a residence already adapted with special features determined by the Administrator to be reasonably necessary for the veteran because of such disability".

1980—Pub. L. 96–385 designated existing provisions as subsec. (a) and added subsec. (b).

1978—Pub. L. 95–117 in cl. (3) inserted reference to loss or loss of use of one upper extremity and reference to braces, crutches, and canes.

1969—Pub. L. 91–22 added cl. (3) which authorized the Administrator to provide housing assistance to veterans whose permanent and total disability consists of loss or loss of use of one lower extremity when such loss precludes locomotion without a wheelchair.

1964—Pub. L. 88–401 struck out provisions from cl. (2)(B) which required such permanent and total disability to be such as to preclude locomotion without the aid of a wheelchair.

1959—Pub. L. 86–239 designated existing provisions of first sentence as cl. (1), struck out "by reason of amputation, ankylosis, progressive muscular dystrophies, or paralysis" after "loss of use", and added cl. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–154, §3(f), Aug. 8, 2020, 134 Stat. 691, provided that: "The amendments made by this section [amending this section and section 2102 of this title] shall take effect on October 1, 2020."

Effective Date of 2013 Amendment

Amendment by Pub. L. 113–37 effective Oct. 1, 2013, see section 4(a) of Pub. L. 113–37, set out as a note under section 322 of this title.

Effective Date of 2012 Amendment

Pub. L. 112–154, title II, §202(b), Aug. 6, 2012, 126 Stat. 1177, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2012."

Pub. L. 112–154, title II, §203(b), Aug. 6, 2012, 126 Stat. 1177, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2012."

Effective Date of 2006 Amendment

Pub. L. 109–233, title I, §105(b), June 15, 2006, 120 Stat. 402, provided that: "The amendments made by subsection (a) [amending this section] shall take effect as of December 10, 2004, as if enacted immediately after the enactment of the Veterans Benefits Improvement Act of 2004 [Pub. L. 108–454] on that date."

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96–385, set out as a note under section 1114 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–117 effective Oct. 1, 1977, see section 501 of Pub. L. 95–117, set out as a note under section 1114 of this title.

Pilot Program to Rehabilitate and Modify Homes of Disabled and Low-Income Veterans

Pub. L. 113–291, div. A, title X, §1079, Dec. 19, 2014, 128 Stat. 3521, as amended by Pub. L. 114–92, div. A, title X, §1081(b)(4), Nov. 25, 2015, 129 Stat. 1001, provided that:

"(a) Definitions.—In this section:

"(1) Disabled.—The term 'disabled' means an individual with a disability, as defined by section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).

"(2) Eligible veteran.—The term 'eligible veteran' means a disabled or low-income veteran.

"(3) Energy efficient features or equipment.—The term 'energy efficient features or equipment' means features of, or equipment in, a primary residence that help reduce the amount of electricity used to heat, cool, or ventilate such residence, including insulation, weatherstripping, air sealing, heating system repairs, duct sealing, or other measures.

"(4) Low-income veteran.—The term 'low-income veteran' means a veteran whose income does not exceed 80 percent of the median income for an area, as determined by the Secretary.

"(5) Nonprofit organization.—The term 'nonprofit organization' means an organization that is—

"(A) described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3), (19)]; and

"(B) exempt from tax under section 501(a) of such Code [26 U.S.C. 501(a)].

"(6) Primary residence.—

"(A) In general.—The term 'primary residence' means a single family house, a duplex, or a unit within a multiple-dwelling structure that is the principal dwelling of an eligible veteran and is owned by such veteran or a family member of such veteran.

"(B) Family member defined.—For purposes of this paragraph, the term 'family member' includes—

"(i) a spouse, child, grandchild, parent, or sibling;

"(ii) a spouse of such a child, grandchild, parent, or sibling; or

"(iii) any individual related by blood or affinity whose close association with a veteran is the equivalent of a family relationship.

"(7) Qualified organization.—The term 'qualified organization' means a nonprofit organization that provides nationwide or statewide programs that primarily serve veterans or low-income individuals.

"(8) Secretary.—The term 'Secretary' means the Secretary of Housing and Urban Development.

"(9) Veteran.—The term 'veteran' has the meaning given the term in section 101 of title 38, United States Code.

"(10) Veterans service organization.—The term 'veterans service organization' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code.

"(b) Establishment of a Pilot Program.—

"(1) Grant.—

"(A) In general.—The Secretary shall establish a pilot program to award grants to qualified organizations to rehabilitate and modify the primary residence of eligible veterans.

"(B) Coordination.—The Secretary shall work in conjunction with the Secretary of Veterans Affairs to establish and oversee the pilot program and to ensure that such program meets the needs of eligible veterans.

"(C) Maximum grant.—A grant award under the pilot program to any one qualified organization shall not exceed $1,000,000 in any one fiscal year, and such an award shall remain available until expended by such organization.

"(2) Application.—

"(A) In general.—Each qualified organization that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and, in addition to the information required under subparagraph (B), accompanied by such information as the Secretary may reasonably require.

"(B) Contents.—Each application submitted under subparagraph (A) shall include—

"(i) a plan of action detailing outreach initiatives;

"(ii) the approximate number of veterans the qualified organization intends to serve using grant funds;

"(iii) a description of the type of work that will be conducted, such as interior home modifications, energy efficiency improvements, and other similar categories of work; and

"(iv) a plan for working with the Department of Veterans Affairs and veterans service organizations to identify veterans who are not eligible for programs under chapter 21 of title 38, United States Code, and meet their needs.

"(3) Use of funds.—A grant award under the pilot program shall be used—

"(A) to modify and rehabilitate the primary residence of an eligible veteran, and may include—

"(i) installing wheelchair ramps, widening exterior and interior doors, reconfigurating and re-equipping bathrooms (which includes installing new fixtures and grab bars), removing doorway thresholds, installing special lighting, adding additional electrical outlets and electrical service, and installing appropriate floor coverings to—

     "(I) accommodate the functional limitations that result from having a disability; or

     "(II) if such residence does not have modifications necessary to reduce the chances that an elderly, but not disabled person, will fall in their home, reduce the risks of such an elderly person from falling;

"(ii) rehabilitating such residence that is in a state of interior or exterior disrepair; and

"(iii) installing energy efficient features or equipment if—

     "(I) an eligible veteran's monthly utility costs for such residence is more than 5 percent of such veteran's monthly income; and

     "(II) an energy audit of such residence indicates that the installation of energy efficient features or equipment will reduce such costs by 10 percent or more; and

"(B) in connection with modification and rehabilitation services provided under the pilot program, to provide technical, administrative, and training support to an affiliate of a qualified organization receiving a grant under such pilot program.

"(4) Limitation on use of funds.—Funds may be expended under the pilot program only for the benefit of an eligible veteran who the Secretary determines is residing in and reasonably intends to continue residing in a primary residence owned by such veteran or by a member of such veteran's family. The Secretary shall make this determination on the basis of a certification by the veteran or a member of the veteran's family that the veteran intends to continue residing in the primary residence for a sufficient period of time to be determined by the Secretary.

"(5) Oversight.—The Secretary shall direct the oversight of the grant funds for the pilot program so that such funds are used efficiently until expended to fulfill the purpose of addressing the adaptive housing needs of eligible veterans.

"(6) Matching funds.—

"(A) In general.—A qualified organization receiving a grant under the pilot program shall contribute towards the housing modification and rehabilitation services provided to eligible veterans an amount equal to not less than 50 percent of the grant award received by such organization.

"(B) In-kind contributions.—In order to meet the requirement under subparagraph (A), such organization may arrange for in-kind contributions.

"(7) Limitation cost to the veterans.—A qualified organization receiving a grant under the pilot program shall modify or rehabilitate the primary residence of an eligible veteran at no cost to such veteran (including application fees) or at a cost such that such veteran pays no more than 30 percent of his or her income in housing costs during any month.

"(8) Reports.—

"(A) Annual report.—The Secretary shall submit to Congress, on an annual basis, a report that provides, with respect to the year for which such report is written—

"(i) the number of eligible veterans provided assistance under the pilot program;

"(ii) the socioeconomic characteristics of such veterans, including their gender, age, race, and ethnicity;

"(iii) the total number, types, and locations of entities contracted under such program to administer the grant funding;

"(iv) the amount of matching funds and in-kind contributions raised with each grant;

"(v) a description of the housing rehabilitation and modification services provided, costs saved, and actions taken under such program;

"(vi) a description of the outreach initiatives implemented by the Secretary to educate the general public and eligible entities about such program;

"(vii) a description of the outreach initiatives instituted by grant recipients to engage eligible veterans and veteran service organizations in projects utilizing grant funds under such program;

"(viii) a description of the outreach initiatives instituted by grant recipients to identify eligible veterans and their families; and

"(ix) any other information that the Secretary considers relevant in assessing such program.

"(B) Final report.—Not later than 6 months after the completion of the pilot program, the Secretary shall submit to Congress a report that provides such information that the Secretary considers relevant in assessing the pilot program.

"(C) Inspector general report.—Not later than March 31, 2019, the Inspector General of the Department of Housing and Urban Development shall submit to the Chairmen and Ranking Members of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing a review of—

"(i) the use of appropriated funds by the Secretary and by grantees under the pilot program; and

"(ii) oversight and accountability of grantees under the pilot program.

"(9) Authorization of appropriations.—There are authorized to be appropriated for the Department of Housing and Urban Development for carrying out this section $4,000,000 for each of fiscal years 2015 through 2019."
38 U.S.C. § 1923 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter I / Section 1923: Veterans' Special Life Insurance
Veterans' Special Life Insurance
Status: in_force

(a) Insurance heretofore granted under the provisions of section 621 of the National Service Life Insurance Act of 1940, against the death of the policyholder occurring while such insurance is in force, is subject to the same terms and conditions as are contained in standard policies of National Service Life Insurance on the five-year level premium term plan except (1) such insurance may not be exchanged for or converted to insurance on any other plan; (2) the premium rates for such insurance shall be based on the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2¼ per centum per annum; (3) all settlements on policies involving annuities shall be calculated on the basis of The Annuity Table for 1949, and interest at the rate of 2¼ per centum per annum; (4) all premiums and other collections on such insurance and any total disability provisions added thereto shall be credited to a revolving fund in the Treasury of the United States, which, together with interest earned thereon, shall be available for the payment of liabilities under such insurance and any total disability provisions added thereto, including payments of dividends and refunds of unearned premiums, and for the reimbursement of administrative costs under subsection (d).

(b) Any term insurance heretofore issued under section 621 of the National Service Life Insurance Act of 1940, may be converted to a permanent plan of insurance or exchanged for a policy of limited convertible five-year level premium term insurance issued under this subsection. Insurance issued under this subsection shall be issued upon the same terms and conditions as are contained in the standard policies of National Service Life Insurance except (1) after September 1, 1960, limited convertible term insurance may not be issued or renewed on the term plan after the insured's fiftieth birthday; (2) the premium rates for such limited convertible term or permanent plan insurance shall be based on table X–18 (1950–54 Intercompany Table of Mortality) and interest at the rate of 2½ per centum per annum; (3) all settlements on policies involving annuities on insurance issued under this subsection shall be calculated on the basis of The Annuity Table for 1949, and interest at the rate of 2½ per centum per annum; (4) all cash, loan, paid-up, and extended values, and, except as otherwise provided in this subsection, all other calculations in connection with insurance issued under this subsection shall be based on table X–18 (1950–54 Intercompany Table of Mortality) and interest at the rate of 2½ per centum per annum; (5) all premiums and other collections on insurance issued under this subsection and any total disability income provisions added thereto shall be credited directly to the revolving fund referred to in subsection (a) of this section, which together with interest earned thereon, shall be available for the payment of liabilities under such insurance and any total disability provisions added thereto, including payments of dividends and refunds of unearned premiums.

(c) The Secretary is authorized to invest in, and the Secretary of the Treasury is authorized to sell and retire, special interest-bearing obligations of the United States for the account of the revolving fund with a maturity date as may be agreed upon by the two Secretaries. The rate of interest on such obligations shall be fixed by the Secretary of the Treasury at a rate equal to the rate of interest, computed as of the end of the month preceding the date of issue of such obligations, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt that are not due or callable until after the expiration of five years from the date of original issue; except that where such average rate is not a multiple of one-eighth of 1 per centum, the rate of interest of such obligations shall be the multiple of one-eighth of 1 per centum nearest such average rate.

(d)(1) For each fiscal year for which this subsection is in effect, the Secretary shall, from the Veterans' Special Life Insurance Fund, reimburse the "General operating expenses" account of the Department for the amount of administrative costs determined under paragraph (2) for that fiscal year. Such reimbursement shall be made from any surplus earnings for that fiscal year that are available for dividends on such insurance after claims have been paid and actuarially determined reserves have been set aside. However, if the amount of such administrative costs exceeds the amount of such surplus earnings, such reimbursement shall be made only to the extent of such surplus earnings.

(2) The Secretary shall determine the administrative costs to the Department for a fiscal year for which this subsection is in effect which, in the judgment of the Secretary, are properly allocable to the provision of Veterans' Special Life Insurance (and to the provision of any total disability income insurance added to the provision of such insurance).

(3) This subsection shall be in effect only with respect to fiscal year 1996.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1157, §723; Pub. L. 85–896, Sept. 2, 1958, 72 Stat. 1716; Pub. L. 87–223, Sept. 13, 1961, 75 Stat. 495; Pub. L. 93–289, §2(a), May 24, 1974, 88 Stat. 165; renumbered §1923 and amended Pub. L. 102–83, §§4(b)(1), (2)(C), (E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 104–99, title II, §201(b), Jan. 26, 1996, 110 Stat. 36.)

Editorial Notes

References in Text

Section 621 of the National Service Life Insurance Act of 1940, referred to in subsecs. (a) and (b), is section 621 of act Oct. 8, 1940, ch. 757, title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt. II, §10, 65 Stat. 36, which enacted section 822 of former Title 38, Pensions, Bonuses, and Veterans' Relief, and which was repealed and the provisions thereof reenacted as this section by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105.

Codification

Amendment by Pub. L. 104–99 is based on section 107(2) of H.R. 2099, One Hundred Fourth Congress, as passed by the House of Representatives on Dec. 7, 1995, which was enacted into law by Pub. L. 104–99.

Amendments

1996—Subsec. (a). Pub. L. 104–99 inserted ", and for the reimbursement of administrative costs under subsection (d)" before period at end.

Subsec. (d). Pub. L. 104–99 added subsec. (d).

1991—Pub. L. 102–83, §5(a), renumbered section 723 of this title as this section.

Subsec. (c). Pub. L. 102–83, §4(b)(2)(C), substituted "two Secretaries" for "Administrator and Secretary".

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

1974—Pub. L. 93–289, §2(a)(1), substituted "Veterans' Special Life Insurance" for "Veterans' special term insurance" in section catchline.

Subsec. (a). Pub. L. 93–289, §2(a)(2), substituted "all premiums and other collections on such insurance and any total disability provisions added thereto shall be credited to a revolving fund in the Treasury of the United States, which, together with interest earned thereof, shall be available for the payment of liabilities under such insurance and any total disability provisions added thereto, including payments of dividends and refunds of unearned premiums" for "such insurance and any total disability provision added thereto shall be on a nonparticipating basis and all premiums and other collections therefor shall be credited to a revolving fund in the Treasury of the United States and the payments on such term insurance and any total disability provision added thereto shall be made directly from such fund" in cl. (4).

Subsec. (b). Pub. L. 93–289, §2(a)(3), substituted "all premiums and other collections on insurance issued under this subsection and any total disability income provisions added thereto shall be credited directly to the revolving fund referred to in subsection (a) of this section, which together with interest earned thereon, shall be available for the payment of liabilities under such insurance and any total disability provisions added thereto, including payments of dividends and refunds of unearned premiums" for "insurance and any total disability provision added thereto issued under this subsection shall be on a nonparticipating basis and all premiums and other collections therefor shall be credited directly to the revolving fund referred to in subsection (a) and payments on such insurance and any total disability provision added thereto shall be made directly from such fund" in cl. (5).

Subsecs. (d), (e). Pub. L. 93–289, §2(a)(4), repealed subsecs. (d) and (e) which related to the payment of dividends from the excess funds in the revolving fund, and to the transfer of funds from the revolving fund to general fund receipts in the Treasury.

1961—Subsecs. (d), (e). Pub. L. 87–223 added subsecs. (d) and (e).

1958—Subsec. (b). Pub. L. 85–896, §1(2), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 85–896, §1(1), redesignated former subsec. (b) as (c) and substituted "equal to the rate of interest, computed as of the end of the month preceding the date of issue of such obligations, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt that are not due or callable until after the expiration of five years from the date of original issue; except that where such average rate is not a multiple of one-eighth of 1 per centum, the rate of interest of such obligations shall be the multiple of one-eighth of 1 per centum nearest such average rate" for "not exceeding the average interest rate on all marketable obligations of the United States Treasury outstanding as of the end of the month preceding the date of issue of this special obligation".

Statutory Notes and Related Subsidiaries

Effective Date of 1974 Amendment

Pub. L. 93–289, §12(1), May 24, 1974, 88 Stat. 173, provided that: "The amendments made by section 2 [amending this section], relating to Veterans' Special Life Insurance, shall become effective upon the date of enactment of this Act [May 24, 1974] except that no dividend on such insurance shall be paid prior to January 1, 1974."
38 U.S.C. § 4323 (2024) — Title 38: VETERANS' BENEFITS / Chapter 43 / Subchapter III / Section 4323: Enforcement of rights with respect to a State or private employer
Enforcement of rights with respect to a State or private employer
Status: in_force

(a) Action for Relief.—(1) A person who receives from the Secretary a notification pursuant to section 4322(e) of this title of an unsuccessful effort to resolve a complaint relating to a State (as an employer) or a private employer may request that the Secretary refer the complaint to the Attorney General. Not later than 60 days after the Secretary receives such a request with respect to a complaint, the Secretary shall refer the complaint to the Attorney General. If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and commence an action for relief under this chapter for such person. In the case of such an action against a State (as an employer), the action shall be brought in the name of the United States as the plaintiff in the action.

(2) Not later than 60 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall—

(A) make a decision whether to appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted; and

(B) notify such person in writing of such decision.

(3) A person may commence an action for relief with respect to a complaint against a State (as an employer) or a private employer if the person—

(A) has chosen not to apply to the Secretary for assistance under section 4322(a) of this title;

(B) has chosen not to request that the Secretary refer the complaint to the Attorney General under paragraph (1); or

(C) has been refused representation by the Attorney General with respect to the complaint under such paragraph.

(b) Jurisdiction.—(1) In the case of an action against a State (as an employer) or a private employer commenced by the United States, the district courts of the United States shall have jurisdiction over the action.

(2) In the case of an action against a State (as an employer) by a person, the action may be brought in a State court of competent jurisdiction in accordance with the laws of the State.

(3) In the case of an action against a private employer by a person, the district courts of the United States shall have jurisdiction of the action.

(c) Venue.—(1) In the case of an action by the United States against a State (as an employer), the action may proceed in the United States district court for any district in which the State exercises any authority or carries out any function.

(2) In the case of an action against a private employer, the action may proceed in the United States district court for any district in which the private employer of the person maintains a place of business.

(d) Remedies.—(1) In any action under this section, the court may award relief as follows:

(A) The court may require the employer to comply with the provisions of this chapter.

(B) The court may require the employer to compensate the person for any loss of wages or benefits suffered by reason of such employer's failure to comply with the provisions of this chapter.

(C) The court may require the employer to pay the person the amount referred to in subparagraph (B) and interest on such amount, calculated at a rate of 3 percent per year.

(D) The court may require the employer to pay the person the greater of $50,000 or the amount equal to the amounts referred to in subparagraphs (B) and (C) as liquidated damages, if the court determines that the employer knowingly failed to comply with the provisions of this chapter.

(2)(A) Any compensation awarded under subparagraph (B) or (C) of paragraph (1) shall be in addition to, and shall not diminish, any of the other rights and benefits provided for under this chapter.

(B) In the case of an action commenced in the name of the United States for which the relief includes compensation awarded under subparagraph (B) or (C) of paragraph (1), such compensation shall be held in a special deposit account and shall be paid, on order of the Attorney General, directly to the person. If the compensation is not paid to the person because of inability to do so within a period of 3 years, the compensation shall be covered into the Treasury of the United States as miscellaneous receipts.

(3) A State shall be subject to the same remedies, including prejudgment interest, as may be imposed upon any private employer under this section.

(e) Equity Powers.—(1) The court shall use, in any case in which the court determines it is appropriate, its full equity powers, including temporary or permanent injunctions, temporary restraining orders, and contempt orders, to vindicate fully the rights or benefits of persons under this chapter.

(2) A person bringing an action to enforce a provision of this chapter pursuant to subsection (a) shall be entitled to an injunction under paragraph (1) if such person demonstrates—

(A) a violation—

(i) of the provisions of this chapter; or

(ii) of the provisions of this chapter is threatened or is imminent;

(B) the harm to the person outweighs the injury to the employer;

(C) a likelihood of success on the merits of such action; and

(D) awarding such relief is in the public interest.

(3) The court may not deny a motion for injunctive relief on the basis that a party bringing an action to enforce a provision of this chapter may be awarded wages unearned due to an unlawful termination or denial of employment at the conclusion of such action.

(f) Standing.—An action under this chapter may be initiated only by a person claiming rights or benefits under this chapter under subsection (a) or by the United States under subsection (a)(1).

(g) Respondent.—In any action under this chapter, only an employer or a potential employer, as the case may be, shall be a necessary party respondent.

(h) Fees, Court Costs.—(1) No fees or court costs may be charged or taxed against any person claiming rights under this chapter.

(2) In any action or proceeding to enforce a provision of this chapter by a person under subsection (a)(3) who obtained private counsel for such action or proceeding, the court shall award any such person who prevails in such action or proceeding reasonable attorney fees, expert witness fees, and other litigation expenses.

(i) Definition.—In this section, the term "private employer" includes a political subdivision of a State.

(Added Pub. L. 103–353, §2(a), Oct. 13, 1994, 108 Stat. 3165; amended Pub. L. 104–275, title III, §311(10), Oct. 9, 1996, 110 Stat. 3335; Pub. L. 105–368, title II, §211(a), Nov. 11, 1998, 112 Stat. 3329; Pub. L. 110–389, title III, §§311(d)(1), (e)(1), (f)(3), 315, Oct. 10, 2008, 122 Stat. 4162–4164, 4167; Pub. L. 118–210, title II, §221(c), (d), (e)(3), Jan. 2, 2025, 138 Stat. 2778, 2779.)

Editorial Notes

Prior Provisions

A prior section 4323 was renumbered section 7623 of this title.

Amendments

2025—Subsec. (d)(1)(C), (D). Pub. L. 118–210, §221(d), added subpars. (C) and (D) and struck out former subpar. (C) which read as follows: "The court may require the employer to pay the person an amount equal to the amount referred to in subparagraph (B) as liquidated damages, if the court determines that the employer's failure to comply with the provisions of this chapter was willful."

Subsec. (e). Pub. L. 118–210, §221(c), designated existing provisions as par. (1) and added pars. (2) and (3).

Subsec. (h)(2). Pub. L. 118–210, §221(e)(3), substituted "subsection (a)(3)" for "subsection (a)(2)" and "the court shall award any such person who prevails in such action or proceeding reasonable attorney fees" for "the court may award any such person who prevails in such action or proceeding reasonable attorney fees".

2008—Subsec. (a)(1). Pub. L. 110–389, §311(d)(1), inserted "Not later than 60 days after the Secretary receives such a request with respect to a complaint, the Secretary shall refer the complaint to the Attorney General." after "to the Attorney General."

Subsec. (a)(2), (3). Pub. L. 110–389, §311(e)(1), added par. (2) and redesignated former par. (2) as (3).

Subsec. (e). Pub. L. 110–389, §315, substituted "shall use, in any case in which the court determines it is appropriate," for "may use".

Subsecs. (i), (j). Pub. L. 110–389, §311(f)(3), redesignated subsec. (j) as (i) and struck out former subsec. (i) which read as follows: "Inapplicability of State Statute of Limitations.—No State statute of limitations shall apply to any proceeding under this chapter."

1998—Pub. L. 105–368 amended section generally, substituting present provisions for provisions which had: in subsec. (a), authorized reference of complaint to Attorney General and commencement of action for relief on behalf of person whose complaint was referred; in subsec. (b), described appropriate venues in cases where defendant is State or private employer; and in subsec. (c), set forth provisions relating to jurisdiction, abridgement of rights, court and attorney fees, equity power of court, standing, respondents, statute of limitations, and remedies.

1996—Subsec. (a)(1). Pub. L. 104–275, §311(10)(A), struck out "of an unsuccessful effort to resolve a complaint" after "notification pursuant to section 4322(e)".

Subsec. (a)(2)(A). Pub. L. 104–275, §311(10)(B), substituted "under section 4322(a)" for "regarding the complaint under section 4322(c)".

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–368, title II, §211(b), Nov. 11, 1998, 112 Stat. 3330, provided that:

"(1) Section 4323 of title 38, United States Code, as amended by subsection (a), shall apply to actions commenced under chapter 43 of such title on or after the date of the enactment of this Act [Nov. 11, 1998], and shall apply to actions commenced under such chapter before the date of the enactment of this Act that are not final on the date of the enactment of this Act, without regard to when the cause of action accrued.

"(2) In the case of any such action against a State (as an employer) in which a person, on the day before the date of the enactment of this Act [Nov. 11, 1998], is represented by the Attorney General under section 4323(a)(1) of such title as in effect on such day, the court shall upon motion of the Attorney General, substitute the United States as the plaintiff in the action pursuant to such section as amended by subsection (a)."

Effective Date of 1996 Amendment

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

Effective Date

Section effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, except that provisions necessary for implementation of section 4311 of this title are effective Oct. 13, 1994, see section 8 of Pub. L. 103–353, set out as a note under section 4301 of this title.