38 U.S.C. § 322 (2024) — Title 38: VETERANS' BENEFITS / Chapter 3 / Section 322: Office of National Veterans Sports Programs and Special Events
Office of National Veterans Sports Programs and Special Events
Status: in_force

(a) Establishment.—There is in the Department an Office of National Veterans Sports Programs and Special Events. There is at the head of the Office a Director, who shall report to an appropriate official of the Veterans Health Administration, as determined by the Secretary, or to the Deputy Secretary or Secretary.

(b) Responsibilities of Director.—Subject to the direction of the Secretary, the Director—

(1) shall establish and carry out qualifying programs and events;

(2) may provide for sponsorship by the Department of qualifying programs and events;

(3) may provide for, facilitate, and encourage participation by disabled veterans in qualifying programs and events;

(4) shall, to the extent feasible, cooperate with entities with significant experience in managing large-scale adaptive sports programs;

(5) shall seek sponsorships and donations from the private sector to defray costs of carrying out the responsibilities of the Director to the maximum extent feasible; and

(6) may carry out such other responsibilities as the Secretary determines are appropriate.

(c) Qualifying Program or Event.—For purposes of this section, a qualifying program or event is a sports program or other event in which disabled veterans and disabled members of the Armed Forces participate and that is approved by the Secretary as being consistent with the goals and missions of the Department.

(d) Monthly Assistance Allowance.—(1) Subject to the availability of appropriations for such purpose, the Secretary may provide a monthly assistance allowance to—

(A) a veteran with a disability invited by the United States Olympic & Paralympic Committee to compete for a slot on, or selected for, the Paralympic Team for any month in which the veteran is training or competing in any event sanctioned by the United States Olympic & Paralympic Committee or who is residing at a United States Olympic Committee training center; and

(B) a veteran with a VA service-connected disability rated as 30 percent or greater by the Department of Veterans Affairs who is selected by the United States Olympic & Paralympic Committee for the United States Olympic Team for any month in which the veteran is competing in any event sanctioned by the National Governing Bodies of the United States Olympic Sports.

(2) The amount of the monthly assistance payable to a veteran under paragraph (1) shall be equal to the monthly amount of subsistence allowance that would be payable to the veteran under chapter 31 of this title if the veteran were eligible for and entitled to rehabilitation under such chapter.

(3) In providing assistance under this subsection, the Secretary shall give priority to veterans with service-connected disabilities.

(4) There is authorized to be appropriated to carry out this subsection the following:

(A) For each of fiscal years 2010 through 2023, $2,000,000.

(B) For each of fiscal years 2024 through 2027, $2,500,000.

(e) Applicability to Commonwealths and Territories of the United States.—The provisions of this subsection shall apply in the same manner and to the same degree as to the United States Olympic & Paralympic Committee to the Paralympic sport entities the Secretary considers appropriate to represent the interests of each of the following:

(1) American Samoa.

(2) Guam.

(3) Puerto Rico.

(4) The Northern Mariana Islands.

(5) The United States Virgin Islands.

(f) Limitation on Statutory Construction.—Nothing in this section shall be construed as a limitation on disabled sports and special events supported by the Department as of the date of the enactment of this section.

(Added Pub. L. 110–389, title VII, §703(a), Oct. 10, 2008, 122 Stat. 4183; amended Pub. L. 113–37, §2(a), Sept. 30, 2013, 127 Stat. 523; Pub. L. 113–59, §4, Dec. 20, 2013, 127 Stat. 659; Pub. L. 114–58, title IV, §402, Sept. 30, 2015, 129 Stat. 534; Pub. L. 114–223, div. A, title II, §249, Sept. 29, 2016, 130 Stat. 892; Pub. L. 114–228, title IV, §403, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, §403, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, §163, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116–159, div. E, title IV, §5401, Oct. 1, 2020, 134 Stat. 751; Pub. L. 117–180, div. E, title IV, §401, Sept. 30, 2022, 136 Stat. 2139; Pub. L. 118–83, div. B, title III, §334, Sept. 26, 2024, 138 Stat. 1541.)

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (f), is the date of enactment of Pub. L. 110–389, which was approved Oct. 10, 2008.

Amendments

2024—Subsec. (a). Pub. L. 118–83, §334(2), substituted "Veterans Health Administration" for "Veterans Benefits Administration".

Subsec. (d)(1)(A), (B). Pub. L. 118–83, §334(1), substituted "the United States Olympic & Paralympic Committee" for "the United States Olympic Committee" wherever appearing.

Subsec. (d)(4). Pub. L. 118–83, §334(3), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2010 through 2026."

Subsec. (e). Pub. L. 118–83, §334(1), substituted "the United States Olympic & Paralympic Committee" for "the United States Olympic Committee" in introductory provisions.

2022—Subsec. (d)(4). Pub. L. 117–180 substituted "2026" for "2022".

2020—Subsec. (d)(4). Pub. L. 116–159 substituted "2022" for "2020".

2018—Subsec. (d)(4). Pub. L. 115–251 substituted "2020" for "2019".

2017—Subsec. (d)(4). Pub. L. 115–62 substituted "2019" for "2017".

2016—Subsec. (d)(1). Pub. L. 114–223 substituted "allowance to—" for "allowance to", inserted subpar. (A) designation before "a veteran with a disability", and added subpar. (B).

Subsec. (d)(4). Pub. L. 114–228 substituted "2017" for "2016".

2015—Subsec. (d)(4). Pub. L. 114–58 substituted "2016" for "2015".

2013—Subsec. (b)(4). Pub. L. 113–59, §4(b), substituted "cooperate with entities with significant experience in managing large-scale adaptive sports programs;" for "cooperate with the United States Olympic Committee and its partners to promote the participation of disabled veterans and disabled members of the Armed Forces in sporting events sponsored by the United States Olympic Committee and its partners;".

Pub. L. 113–37, §2(a)(2), substituted "United States Olympic Committee" for "United States Paralympics, Inc.," in two places.

Subsec. (d)(1). Pub. L. 113–37, §2(a)(2), substituted "United States Olympic Committee" for "United States Paralympics, Inc.," wherever appearing.

Subsec. (d)(4). Pub. L. 113–59, §4(a), substituted "through 2015." for "through 2013 and $500,000 for the period beginning October 1, 2013, and ending December 31, 2013."

Pub. L. 113–37, §2(a)(1), inserted "and $500,000 for the period beginning October 1, 2013, and ending December 31, 2013" before period at end.

Subsecs. (e), (f). Pub. L. 113–59, §4(c), added subsec. (e) and redesignated former subsec. (e) as (f).

Statutory Notes and Related Subsidiaries

Change of Name

References to the United States Olympic Committee deemed to refer to the United States Olympic and Paralympic Committee, see section 220502(c) of Title 36, Patriotic and National Observances, Ceremonies, and Organizations.

Effective Date of 2013 Amendment

Pub. L. 113–37, §4, Sept. 30, 2013, 127 Stat. 525, provided that:

"(a) Effective Date.—This Act [see Short Title of 2013 Amendment note set out under section 101 of this title] shall take effect on October 1, 2013, except that Section [sic] 2(a) [amending this section] shall take effect on September 30, 2013.

"(b) Ratification.—If this Act is not enacted on or before September 30, 2013, any actions undertaken by the Department of Veterans Affairs under the authorities extended by this Act during the period beginning on such date and ending on the date of the enactment of this Act [Sept. 30, 2013] shall be deemed ratified."

Findings and Purpose

Pub. L. 110–389, title VII, §701, Oct. 10, 2008, 122 Stat. 4180, provided that:

"(a) Findings.—Congress makes the following findings:

"(1) In 1998, Congress enacted the Olympic and Amateur Sports Act Amendments of 1998 (33 [36] U.S.C. 101 note) [see Short Title of 1998 Amendment note set out under section 101 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations], which amended chapter 2205 of title 36, United States Code, and included a statement that the purpose of the Act was 'to encourage and provide assistance to amateur athletic programs and competition for amateur athletes with disabilities, including, where feasible, the expansion of opportunities for meaningful participation by such amateur athletes in programs of athletic competition for able-bodied amateur athletes'.

"(2) The United States Olympic Committee [now United States Olympic and Paralympic Committee] manages and administers the Paralympic Program for physically disabled athletes.

"(3) The Department of Veterans Affairs provides health care to veterans and administers recreational activities for patients including the Golden Age Games, the National Veterans Wheelchair Games, and the Winter Sports Clinic.

"(4) In 2005, the United States Olympic Committee [now United States Olympic and Paralympic Committee] entered into a memorandum of understanding with the Secretary of Veterans Affairs to increase interest in and access to Paralympic sports programs for veterans with physical disabilities by coordinating the activities of the United States Olympic Committee with the Department of Veterans Affairs.

"(5) The Paralympic Program has a significant positive effect on the quality of life of disabled veterans and disabled members of the Armed Forces who participate in the program, including helping to improve the mobility, vitality, and physical, psychological, and social well-being of such participants and reducing the incidence of secondary medical conditions in those participants.

"(6) Because of Operation Iraqi Freedom and Operation Enduring Freedom, the number of disabled veterans and disabled members of the Armed Forces has increased substantially and it is therefore desirable to supplement the rehabilitation and recreation programs of the Department of Veterans Affairs through sports for disabled veterans and members of the Armed Forces.

"(b) Purpose.—The purposes of this title [enacting this section, section 521A of this title, and provisions set out as notes under section 521A of this title] are as follows:

"(1) To promote the lifelong health of disabled veterans and disabled members of the Armed Forces through regular participation in physical activity and sports.

"(2) To enhance the recreation activities provided by the Department of Veterans Affairs by promoting disabled sports from the local level through elite levels and by creating partnerships among organizations specializing in supporting, training, and promoting programs for disabled veterans.

"(3) To provide training and support to national and local organizations to provide Paralympic sports training to disabled veterans and disabled members of the Armed Forces in their own communities.

"(4) To provide support to the United States Paralympics, Inc., to increase the participation of disabled veterans and disabled members of the Armed Forces in sports."
38 U.S.C. § 3122 (2024) — Title 38: VETERANS' BENEFITS / Chapter 31 / Section 3122: Longitudinal study of vocational rehabilitation programs
Longitudinal study of vocational rehabilitation programs
Status: in_force

(a) Study Required.—(1) Subject to the availability of appropriated funds, the Secretary shall conduct a longitudinal study of a statistically valid sample of each of the groups of individuals described in paragraph (2). The Secretary shall study each such group over a period of at least 20 years.

(2) The groups of individuals described in this paragraph are the following:

(A) Individuals who begin participating in a vocational rehabilitation program under this chapter during fiscal year 2010.

(B) Individuals who begin participating in such a program during fiscal year 2012.

(C) Individuals who begin participating in such a program during fiscal year 2014.

(b) Annual Reports.—By not later than July 1 of each year covered by the study required under subsection (a), the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the study during the preceding year.

(c) Contents of Report.—The Secretary shall include in the report required under subsection (b) any data the Secretary determines is necessary to determine the long-term outcomes of the individuals participating in the vocational rehabilitation programs under this chapter. The Secretary may add data elements from time to time as necessary. In addition, each such report shall contain the following information:

(1) The number of individuals participating in vocational rehabilitation programs under this chapter who suspended participation in such a program during the year covered by the report.

(2) The average number of months such individuals served on active duty.

(3) The distribution of disability ratings of such individuals.

(4) The types of other benefits administered by the Secretary received by such individuals.

(5) The types of social security benefits received by such individuals.

(6) Any unemployment benefits received by such individuals.

(7) The average number of months such individuals were employed during the year covered by the report.

(8) The average annual starting and ending salaries of such individuals who were employed during the year covered by the report.

(9) The number of such individuals enrolled in an institution of higher learning, as that term is defined in section 3452(f) of this title.

(10) The average number of academic credit hours, degrees, and certificates obtained by such individuals during the year covered by the report.

(11) The average number of visits such individuals made to Department medical facilities during the year covered by the report.

(12) The average number of visits such individuals made to non-Department medical facilities during the year covered by the report.

(13) The average annual income of such individuals.

(14) The average total household income of such individuals for the year covered by the report.

(15) The percentage of such individuals who own their principal residences.

(16) The average number of dependents of each such veteran.

(Added Pub. L. 110–389, title III, §334(a), Oct. 10, 2008, 122 Stat. 4172.)
38 U.S.C. § 8241 (2024) — Title 38: VETERANS' BENEFITS / Chapter 82 / Subchapter IV / Section 8241: Expenditures to remodel and make special allocations to Department hospitals for health manpower education and training
Expenditures to remodel and make special allocations to Department hospitals for health manpower education and training
Status: in_force

Out of funds appropriated to the Department pursuant to the authorization in section 8222 of this title, the Secretary may expend such sums as the Secretary deems necessary, not to exceed 30 per centum thereof, for (1) the necessary extension, expansion, alteration, improvement, remodeling, or repair of Department buildings and structures (including provision of initial equipment, replacement of obsolete or worn-out equipment, and, where necessary, addition of classrooms, lecture facilities, laboratories, and other teaching facilities) to the extent necessary to make them suitable for use for health manpower education and training in order to carry out the purpose set forth in section 7302, and (2) special allocations to Department hospitals and other medical facilities for the development or initiation of improved methods of education and training which may include the development or initiation of plans which reduce the period of required education and training for health personnel but which do not adversely affect the quality of such education or training.

(Added Pub. L. 92–541, §2(a), Oct. 24, 1972, 86 Stat. 1106, §5096; amended Pub. L. 94–581, title II, §210(f)(6), Oct. 21, 1976, 90 Stat. 2866; renumbered §8241 and amended Pub. L. 102–40, title IV, §§402(b)(2)(E), (d)(1), 403(b)(7), May 7, 1991, 105 Stat. 239, 240; Pub. L. 102–83, §4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

Editorial Notes

Amendments

1991—Pub. L. 102–40, §402(b)(2)(E), renumbered section 5096 of this title as this section.

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

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration" in section catchline and wherever appearing in text.

Pub. L. 102–40, §403(b)(7), substituted "7302" for "4101(b)".

Pub. L. 102–40, §402(d)(1), substituted "8222" for "5082".

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

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
38 U.S.C. § 8153 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter IV / Section 8153: Sharing of health-care resources
Sharing of health-care resources
Status: in_force

(a)(1) To secure health-care resources which otherwise might not be feasibly available, or to effectively utilize certain other health-care resources, the Secretary may, when the Secretary determines it to be in the best interest of the prevailing standards of the Department medical care program, make arrangements, by contract or other form of agreement for the mutual use, or exchange of use, of health-care resources between Department health-care facilities and any health-care provider, or other entity or individual.

(2) The Secretary may enter into a contract or other agreement under paragraph (1) if such resources are not, or would not be, used to their maximum effective capacity.

(3)(A) If the health-care resource required is a commercial service, the use of medical equipment or space, or research, and is to be acquired from an institution affiliated with the Department in accordance with section 7302 of this title, including medical practice groups and other entities associated with affiliated institutions, blood banks, organ banks, or research centers, the Secretary may make arrangements for acquisition of the resource without regard to any law or regulation (including any Executive order, circular, or other administrative policy) that would otherwise require the use of competitive procedures for acquiring the resource.

(B)(i) If the health-care resource required is a commercial service or the use of medical equipment or space, and is not to be acquired from an entity described in subparagraph (A), any procurement of the resource may be conducted without regard to any law or regulation that would otherwise require the use of competitive procedures for procuring the resource, but only if the procurement is conducted in accordance with the simplified procedures prescribed pursuant to clause (ii).

(ii) The Secretary, in consultation with the Administrator for Federal Procurement Policy, may prescribe simplified procedures for the procurement of health-care resources under this subparagraph. The Secretary shall publish such procedures for public comment in accordance with section 1707 of title 41. Such procedures shall permit all responsible sources, as appropriate, to submit a bid, proposal, or quotation (as appropriate) for the resources to be procured and provide for the consideration by the Department of bids, proposals, or quotations so submitted.

(iii) Pending publication of the procedures under clause (ii), the Secretary shall (except as provided under subparagraph (A)) procure health-care resources referred to in clause (i) in accordance with all procurement laws and regulations.

(C) Any procurement of health-care resources other than those covered by subparagraph (A) or (B) shall be conducted in accordance with all procurement laws and regulations.

(D) For any procurement to be conducted on a sole source basis other than a procurement covered by subparagraph (A), a written justification shall be prepared that includes the information and is approved at the levels prescribed in section 3304(e) of title 41.

(E) As used in this paragraph, the term "commercial service" means a service that is offered and sold competitively in the commercial marketplace, is performed under standard commercial terms and conditions, and is procured using firm-fixed price contracts.

(b) Arrangements entered into under this section shall provide for payment to the Department in accordance with procedures that provide appropriate flexibility to negotiate payment which is in the best interest of the Government. Any proceeds to the Government received therefrom shall be credited to the applicable Department medical appropriation and to funds that have been allotted to the facility that furnished the resource involved.

(c) Eligibility for hospital care and medical services furnished any veteran pursuant to this section shall be subject to the same terms as though provided in a Department health care facility, and provisions of this title applicable to persons receiving hospital care or medical services in a Department health care facility shall apply to veterans treated under this section.

(d) When a Department health care facility provides hospital care or medical services, pursuant to a contract or agreement authorized by this section, to an individual who is not eligible for such care or services under chapter 17 of this title and who is entitled to hospital or medical insurance benefits under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), such benefits shall be paid, notwithstanding any condition, limitation, or other provision in that title which would otherwise preclude such payment to such facility for such care or services or, if the contract or agreement so provides, to the community health care facility which is a party to the contract or agreement.

(e) The Secretary may make an arrangement that authorizes the furnishing of services by the Secretary under this section to individuals who are not veterans only if the Secretary determines—

(1) that veterans will receive priority under such an arrangement; and

(2) that such an arrangement—

(A) is necessary to maintain an acceptable level and quality of service to veterans at that facility; or

(B) will result in the improvement of services to eligible veterans at that facility.

(f) Any amount received by the Secretary from a non-Federal entity as payment for services provided by the Secretary during a prior fiscal year under an agreement entered into under this section may be obligated by the Secretary during the fiscal year in which the Secretary receives the payment.

(g) The Secretary shall submit to the Congress not later than February 1 of each year a report on the activities carried out under this section during the preceding fiscal year. Each report shall include—

(1) an appraisal of the effectiveness of the activities authorized in this section and the degree of cooperation from other sources, financial and otherwise; and

(2) recommendations for the improvement or more effective administration of such activities.

(Added Pub. L. 89–785, title II, §203, Nov. 7, 1966, 80 Stat. 1374, §5053; amended Pub. L. 91–496, §4, Oct. 22, 1970, 84 Stat. 1092; Pub. L. 93–82, title III, §303, Aug. 2, 1973, 87 Stat. 195; Pub. L. 94–581, title I, §115(a)(1), title II, §§206(c), 210(e)(11), Oct. 21, 1976, 90 Stat. 2852, 2859, 2865; Pub. L. 96–151, title III, §304, Dec. 20, 1979, 93 Stat. 1096; Pub. L. 97–295, §4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 98–160, title VII, §702(20), Nov. 21, 1983, 97 Stat. 1010; Pub. L. 99–576, title II, §231(c)(1), Oct. 28, 1986, 100 Stat. 3264; Pub. L. 101–366, title II, §202(b), Aug. 15, 1990, 104 Stat. 438; renumbered §8153, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–54, §14(f)(9), June 13, 1991, 105 Stat. 288; Pub. L. 102–83, §4(a)(3), (4), (b)(1), (2)(D), (E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103–210, §3(c), Dec. 20, 1993, 107 Stat. 2498; Pub. L. 104–262, title III, §301(c), (d)(1), Oct. 9, 1996, 110 Stat. 3191, 3193; Pub. L. 105–114, title IV, §402(d), (e), Nov. 21, 1997, 111 Stat. 2294; Pub. L. 106–419, title IV, §404(b)(2), Nov. 1, 2000, 114 Stat. 1866; Pub. L. 108–170, title IV, §405(d), Dec. 6, 2003, 117 Stat. 2063; Pub. L. 111–350, §5(j)(8), Jan. 4, 2011, 124 Stat. 3850.)

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Social Security Act is classified generally to subchapter XVIII (§1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

2011—Subsec. (a)(3)(B)(ii). Pub. L. 111–350, §5(j)(8)(A), substituted "section 1707 of title 41" for "section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b)".

Subsec. (a)(3)(D). Pub. L. 111–350, §5(j)(8)(B), substituted "section 3304(e) of title 41" for "section 303(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f))".

2003—Subsec. (g). Pub. L. 108–170, in introductory provisions, substituted "not later than February 1 of each year" for "not more than 60 days after the end of each fiscal year" and inserted "during the preceding fiscal year" after "under this section".

2000—Subsec. (a)(3)(B)(ii). Pub. L. 106–419 amended directory language of Pub. L. 105–114, §402(e). See 1997 Amendment note below.

1997—Subsec. (a)(3)(A). Pub. L. 105–114, §402(d), inserted "(including any Executive order, circular, or other administrative policy)" after "law or regulation".

Subsec. (a)(3)(B)(ii). Pub. L. 105–114, §402(e), as amended by Pub. L. 106–419, inserted ", as appropriate," after "all responsible sources" in third sentence.

1996—Pub. L. 104–262, §301(d)(1), substituted "Sharing of health-care resources" for "Specialized medical resources" in section catchline.

Subsec. (a)(1). Pub. L. 104–262, §301(c)(1)(A), substituted "health-care resources" for "certain specialized medical resources", "other health-care resources" for "other medical resources", and "of health-care resources between Department health-care facilities and any health-care provider, or other entity or individual" for "of—

"(A) specialized medical resources between Department health-care facilities and other health-care facilities (including organ banks, blood banks, or similar institutions), research centers, or medical schools; and

"(B) health-care resources between Department health-care facilities and State home facilities recognized under section 1742(a) of this title".

Subsec. (a)(2). Pub. L. 104–262, §301(c)(1)(B), substituted "if such resources are not, or would not be," for "only if (A) such an agreement will obviate the need for a similar resource to be provided in a Department health care facility, or (B) the Department resources which are the subject of the agreement and which have been justified on the basis of veterans' care are not".

Subsec. (a)(3). Pub. L. 104–262, §301(c)(1)(C), added par. (3).

Subsec. (b). Pub. L. 104–262, §301(c)(2), substituted "payment to the Department in accordance with procedures that provide appropriate flexibility to negotiate payment which is in the best interest of the Government." for "reciprocal reimbursement based on a methodology that provides appropriate flexibility to the heads of the facilities concerned to establish an appropriate reimbursement rate after taking into account local conditions and needs and the actual costs to the providing facility of the resource involved."

Subsec. (d). Pub. L. 104–262, §301(c)(3), substituted "preclude such payment to such facility for such care or services" for "preclude such payment, in accordance with—

"(1) rates prescribed by the Secretary of Health and Human Services, after consultation with the Secretary, and

"(2) procedures jointly prescribed by the two Secretaries to assure reasonable quality of care and services and efficient and economical utilization of resources,

to such facility therefor".

Subsecs. (e) to (g). Pub. L. 104–262, §301(c)(4), added subsecs. (e) and (f) and redesignated former subsec. (e) as (g).

1993—Subsec. (a). Pub. L. 103–210 designated existing provisions as par. (1) and substituted "other form of agreement for the mutual use, or exchange of use, of—" along with subpars. (A) and (B) and par. (2), for "other form of agreement, as set forth in clauses (1) and (2) below, between Department health-care facilities and other health-care facilities (including organ banks, blood banks, or similar institutions), research centers, or medical schools:

"(1) for the mutual use, or exchange of use, of specialized medical resources when such an agreement will obviate the need for a similar resource to be provided in a Department health care facility; or

"(2) for the mutual use, or exchange of use, of specialized medical resources in a Department health care facility, which have been justified on the basis of veterans' care, but which are not utilized to their maximum effective capacity."

1991—Pub. L. 102–40 renumbered section 5053 of this title as this section.

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

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

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

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

Pub. L. 102–54 amended subsec. (c) as in effect immediately before the enactment of Pub. L. 102–40 by substituting "under this section" for "hereunder".

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

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

Subsec. (d)(2). Pub. L. 102–83, §4(b)(2)(D), substituted "the two Secretaries" for "the Secretary and the Administrator".

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

1990—Subsec. (a). Pub. L. 101–366, §202(b)(1), substituted "health-care facilities and other health-care facilities (including organ banks, blood banks, or similar institutions), research centers, or medical schools" for "hospitals and other hospitals (or other medical installations having hospital facilities or organ banks, blood banks, or similar institutions) or medical schools or clinics in the medical community" and struck out at end "The Administrator may determine the geographical limitations of a medical community as used in this section."

Subsec. (b). Pub. L. 101–366, §202(b)(2), substituted in first sentence "a methodology that provides appropriate flexibility to the heads of the facilities concerned to establish an appropriate reimbursement rate after taking into account local conditions and needs and the actual costs to the providing facility of the resource involved." for "a charge which covers the full cost of services rendered, supplies used, and including normal depreciation and amortization costs of equipment." and inserted before period at end of second sentence "and to funds that have been allotted to the facility that furnished the resource involved".

1986—Subsec. (e). Pub. L. 99–576 added subsec. (e).

1983—Subsec. (d). Pub. L. 98–160 substituted "title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)" for "subchapter XVIII of chapter 7 of title 42".

1982—Subsec. (d)(1). Pub. L. 97–295 substituted "Health and Human Services" for "Health, Education, and Welfare".

1979—Subsec. (a). Pub. L. 96–151 inserted provisions relating to applicability to organ banks, blood banks, or similar institutions.

1976—Subsec. (a). Pub. L. 94–581, §§206(c), 210(e)(11), substituted "when the Administrator determines" for "when he determines" and "clauses" for "paragraphs" in provisions preceding cl. (1), and inserted "health care" after "Veterans' Administration" in cls. (1) and (2).

Subsec. (c). Pub. L. 94–581, §206(c)(2), inserted "health care" after "Veterans' Administration" in two places.

Subsec. (d). Pub. L. 94–581, §115(a)(1), inserted subsec. (d).

1973—Subsec. (a). Pub. L. 93–82 struck out "or medical schools" from parenthetical and inserted "or medical schools or clinics" after parenthetical.

1970—Subsec. (a)(1). Pub. L. 91–496 substituted "for the mutual use, or exchange of use," for "for the exchange of use".

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–419, title IV, §404(b)(2), Nov. 1, 2000, 114 Stat. 1866, provided that the amendment made by section 404(b)(2) is effective Nov. 21, 1997, and as if included in Pub. L. 105–114 as originally enacted.

Effective Date of 1976 Amendment

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

Effective Date of 1973 Amendment

Amendment by Pub. L. 93–82 effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as a note under section 1701 of this title.

Report to Congress on Rates and Procedures Covering Payment of Benefits for Care or Services Provided in Veterans' Administration Health Care Facilities to Individuals Not Eligible for Veterans' Hospital, Nursing Home, Domiciliary, or Medical Care

Pub. L. 94–581, title I, §115(c), Oct. 21, 1976, 90 Stat. 2853, provided that at such time as the rates and procedures described in subsec. (d) of this section were prescribed, the Secretary of Health, Education, and Welfare [now Secretary of Health and Human Services], in consultation with the Administrator of Veterans' Affairs, was to submit to the Committee on Ways and Means and the Committee on Veterans' Affairs of the House of Representatives and to the Committee on Finance and the Committee on Veterans' Affairs of the Senate a full report describing such rates and procedures.
38 U.S.C. § 3233 (2024) — Title 38: VETERANS' BENEFITS / Chapter 32 / Subchapter III / Section 3233: Apprenticeship or other on-job training
Apprenticeship or other on-job training
Status: in_force

(a) Except as provided in subsection (b) of this section, the amount of the monthly benefit payment to an individual pursuing a full-time program of apprenticeship or other on-job training under this chapter is—

(1) for each of the first six months of the individual's pursuit of such program, 75 percent of the monthly benefit payment otherwise payable to such individual under this chapter;

(2) for each of the second six months of the individual's pursuit of such program, 55 percent of such monthly benefit payment; and

(3) for each of the months following the first 12 months of the individual's pursuit of such program, 35 percent of such monthly benefit payment.

(b) In any month in which an individual pursuing a program of education consisting of a program of apprenticeship or other on-job training fails to complete 120 hours of training, the amount of the monthly benefit payment payable under this chapter to the individual shall be limited to the same proportion of the applicable rate determined under subsection (a) of this section as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours.

(c) For each month that an individual is paid a monthly benefit payment under this chapter, the individual's entitlement under this chapter shall be charged at the rate of—

(1) 75 percent of a month in the case of payments made in accordance with subsection (a)(1) of this section;

(2) 55 percent of a month in the case of payments made in accordance with subsection (a)(2) of this section; and

(3) 35 percent of a month in the case of payments made in accordance with subsection (a)(3) of this section.

(d) For any month in which an individual fails to complete 120 hours of training, the entitlement otherwise chargeable under subsection (c) of this section shall be reduced in the same proportion as the monthly benefit payment payable is reduced under subsection (b) of this section.

(Added Pub. L. 99–576, title III, §310(b)(2), Oct. 28, 1986, 100 Stat. 3271, §1633; amended Pub. L. 101–237, title IV, §423(a)(7), Dec. 18, 1989, 103 Stat. 2091; renumbered §3233, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 1633 of this title as this section.

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

Statutory Notes and Related Subsidiaries

Increase in Benefit for Individuals Pursuing Apprenticeship or On-Job Training; Post-Vietnam Era Veterans' Educational Assistance

Pub. L. 108–454, title I, §103(b), Dec. 10, 2004, 118 Stat. 3600, provided that: "For months beginning on or after October 1, 2005, and before January 1, 2008, subsection (a) of section 3233 of title 38, United States Code, shall be applied as if—

"(1) the reference to '75 percent' in paragraph (1) were a reference to '85 percent';

"(2) the reference to '55 percent' in paragraph (2) were a reference to '65 percent'; and

"(3) the reference to '35 percent' in paragraph (3) were a reference to '45 percent'."
38 U.S.C. § 8122 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter II / Section 8122: Authority to procure and dispose of property and to negotiate for common services
Authority to procure and dispose of property and to negotiate for common services
Status: in_force

(a)(1) The Secretary may lease for a term not exceeding three years lands or buildings, or parts or parcels thereof, belonging to the United States and under the Secretary's control. Any lease made pursuant to this subsection to any public or nonprofit organization may be made without regard to the provisions of section 6101(b) to (d) of title 41. Notwithstanding section 1302 of title 40, or any other provision of law, a lease made pursuant to this subsection to any public or nonprofit organization may provide for the maintenance, protection, or restoration, by the lessee, of the property leased, as a part or all of the consideration for the lease. Prior to the execution of any such lease, the Secretary shall give appropriate public notice of the Secretary's intention to do so in the newspaper of the community in which the lands or buildings to be leased are located. The proceeds from such leases, less expenses for maintenance, operation, and repair of buildings leased for living quarters, shall be covered into the Treasury of the United States as miscellaneous receipts.

(2) Except as provided in paragraph (3), the Secretary may not during any fiscal year transfer to any other department or agency of the United States or to any other entity real property that is owned by the United States and administered by the Secretary unless the proposed transfer is described in the budget submitted to Congress pursuant to section 1105 of title 31 for that fiscal year.

(3)(A) Subject to subparagraph (B) of this paragraph, the Secretary may, without regard to paragraph (2) of this subsection or any other provision of law relating to the disposition of real property by the United States, transfer to a State for use as the site of a State nursing-home or domiciliary facility real property described in subparagraph (E) of this paragraph which the Secretary determines to be excess to the needs of the Department.

(B) A transfer of real property may not be made under this paragraph unless—

(i) the Secretary has determined that the State has provided sufficient assurance that it has the resources (including any resources which are reasonably likely to be available to the State under subchapter III of chapter 81 of this title and section 1741 of this title) necessary to construct and operate a State home nursing or domiciliary care facility; and

(ii) the transfer is made subject to the conditions (I) that the property be used by the State for a nursing-home or domiciliary care facility in accordance with the conditions and limitations applicable to State home facilities constructed with assistance under subchapter III of chapter 81 of this title, and (II) that, if the property is used at any time for any other purpose, all right, title, and interest in and to the property shall revert to the United States.

(C) A transfer of real property may not be made under this paragraph until—

(i) the Secretary submits to the Committees on Veterans' Affairs of the Senate and House of Representatives, not later than June 1 of the year in which the transfer is proposed to be made (or the year preceding that year), a report providing notice of the proposed transfer; and

(ii) a period of 90 consecutive days elapses after the report is received by those committees.

(D) A transfer under this paragraph shall be made under such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States.

(E) Real property described in this subparagraph is real property that is owned by the United States and administered by the Secretary.

(b) The Secretary may, for the purpose of extending benefits to veterans and dependents, and to the extent the Secretary deems necessary, procure the necessary space for administrative purposes by lease, purchase, or construction of buildings, or by condemnation or declaration of taking, pursuant to law.

(c) The Secretary may procure laundry services, and other common services as specifically approved by the Secretary from nonprofit, tax-exempt educational, medical or community institutions, without regard to the requirements of section 302(c) 1 of the Federal Property and Administrative Services Act of 1949, as amended, whenever such services are not reasonably available from private commercial sources. Notwithstanding this exclusion, the provisions of sections 3901 and 3905 of title 41 shall apply to procurement authorized by this subsection.

(d)(1) Real property under the jurisdiction of the Secretary may not be declared excess by the Secretary and disposed of by the General Services Administration or any other entity of the Federal Government unless the Secretary determines that the property is no longer needed by the Department in carrying out its functions and is not suitable for use for the provision of services to homeless veterans by the Department or by another entity under an enhanced-use lease of such property under section 8162 of this title.

(2) The Secretary may transfer real property under this section, or under section 8118 of this title, if the Secretary—

(A) places a notice in the real estate section of local newspapers and in the Federal Register of the Secretary's intent to transfer that real property (including land, structures, and equipment associated with the property);

(B) holds a public hearing;

(C) provides notice to the Administrator of General Services of the Secretary's intention to transfer that real property and waits for 30 days to elapse after providing that notice; and

(D) after such 30-day period has elapsed, notifies the congressional veterans' affairs committees of the Secretary's intention to dispose of the property and waits for 60 days to elapse from the date of that notice.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1253, §5012; amended Pub. L. 89–785, title II, §202(a), (b), Nov. 7, 1966, 80 Stat. 1373; Pub. L. 93–82, title III, §302(2), Aug. 2, 1973, 87 Stat. 195; Pub. L. 94–581, title II, §210(e)(7), Oct. 21, 1976, 90 Stat. 2865; renumbered §5022 and amended Pub. L. 96–22, title III, §301(b), June 13, 1979, 93 Stat. 61; Pub. L. 96–330, title IV, §403(a), Aug. 26, 1980, 94 Stat. 1052; Pub. L. 97–295, §4(91), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 98–160, title IV, §401, Nov. 21, 1983, 97 Stat. 1004; Pub. L. 100–322, title IV, §421(a)(1), May 20, 1988, 102 Stat. 552; Pub. L. 100–687, div. B, title XV, §1505, Nov. 18, 1988, 102 Stat. 4135; renumbered §8122 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, §14(f)(5), June 13, 1991, 105 Stat. 288; Pub. L. 102–83, §§4(a)(1), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 107–95, §10(a), Dec. 21, 2001, 115 Stat. 920; Pub. L. 107–217, §3(j)(3), Aug. 21, 2002, 116 Stat. 1300; Pub. L. 108–422, title IV, §411(e)(1), (2), Nov. 30, 2004, 118 Stat. 2389, 2390; Pub. L. 111–350, §5(j)(6), Jan. 4, 2011, 124 Stat. 3850.)

Editorial Notes

References in Text

Section 302(c) of the Federal Property and Administrative Services Act of 1949, referred to in subsec. (c), was section 302(c) of act June 30, 1949, ch. 288, 63 Stat. 393, which was classified to section 252(c) of former Title 41, Public Contracts, and was struck out by Pub. L. 98–369, div. B, title VII, §2714(a)(1)(B), July 18, 1984, 98 Stat. 1184.

Amendments

2011—Subsec. (a)(1). Pub. L. 111–350, §5(j)(6)(A), substituted "section 6101(b) to (d) of title 41" for "section 3709 of the Revised Statutes (41 U.S.C. 5)".

Subsec. (c). Pub. L. 111–350, §5(j)(6)(B), struck out "(41 U.S.C. 252(c))" after "1949, as amended" and substituted "sections 3901 and 3905 of title 41" for "section 304 of that Act (41 U.S.C. 254)".

2004—Subsec. (a)(2). Pub. L. 108–422, §411(e)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows:

"(2)(A) Except as provided in paragraph (3) of this subsection, the Secretary may not during any fiscal year transfer to another Federal agency or to a State (or any political subdivision of a State) any interest in real property described in subparagraph (B) of this paragraph unless (i) the transfer (as proposed) was described in the budget for that fiscal year submitted to Congress pursuant to section 1105 of title 31, and (ii) the Department receives compensation equal to the fair market value of the property.

"(B) An interest in real property described in this subparagraph is an interest in real property that is owned by the United States and administered by the Secretary and that has an estimated value in excess of $50,000.

"(C) Amounts realized from the transfer of any interest in real property described in subparagraph (B) of this paragraph shall be deposited in the nursing home revolving fund established under section 8116 of this title."

Subsec. (d). Pub. L. 108–422, §411(e)(2), designated existing provisions as par. (1) and added par. (2).

2002—Subsec. (a)(1). Pub. L. 107–217 substituted "section 1302 of title 40" for "section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)".

2001—Subsec. (d). Pub. L. 107–95 inserted before period at end "and is not suitable for use for the provision of services to homeless veterans by the Department or by another entity under an enhanced-use lease of such property under section 8162 of this title".

1991—Pub. L. 102–40, §402(b)(1), renumbered section 5022 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "1741" for "641" in par. (3)(B)(i).

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

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration" in pars. (2)(A) and (3)(A).

Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration" in pars. (2)(B) and (3)(E).

Pub. L. 102–54 amended subsec. (a)(3)(A) as in effect immediately before the enactment of Pub. L. 102–40 by substituting "State" for "State home" before "nursing-home" and "this paragraph" for "the paragraph" before "which".

Pub. L. 102–40, §402(d)(1), substituted "8116" for "5016" in par. (2)(C).

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

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

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

1988—Subsec. (a)(2). Pub. L. 100–687, §1505(1), substituted "Except as provided in paragraph (3) of this subsection, the" for "The" at beginning.

Pub. L. 100–322 amended par. (2) generally. Prior to amendment, par. (2) read as follows:

"(A) Before entering into a transaction described in subparagraph (B) of this paragraph with respect to any real property owned by the United States and administered by the Veterans' Administration which has an estimated value in excess of $50,000, the Administrator shall submit a report of the facts concerning the proposed transaction to the Committees on Veterans' Affairs of the Senate and House of Representatives, and such transaction may not then be entered into until after the expiration of 180 days from the date upon which the report is submitted.

"(B) Subparagraph (A) of this paragraph applies to (i) any transfer of an interest in real property to another Federal agency or to a State (or any political subdivision of a State), and (ii) any report to a Federal disposal agency of excess real property.

"(C) A statement in an instrument of conveyance, including a lease, that the requirements of this paragraph have been met, or that the conveyance is not subject to this paragraph, is conclusive for the purposes of all matters pertaining to the ownership of any right or interest in the property conveyed by such instrument."

Subsec. (a)(3). Pub. L. 100–687, §1505(2), added par. (3).

1983—Subsec. (a)(2)(A). Pub. L. 98–160, §401(1), substituted "180 days" for "30 days".

Subsec. (d). Pub. L. 98–160, §401(2), added subsec. (d).

1982—Subsec. (a). Pub. L. 97–295, §4(91)(A), substituted "of" for "entitled 'An Act making appropriations for the legislative branch of the Government for the fiscal year ending June 30, 1933, and for other purposes,' approved" after "section 321 of the Act".

Subsec. (c). Pub. L. 97–295, §4(91)(B), inserted "(41 U.S.C. 254)" after "section 304 of that Act".

1980—Subsec. (a). Pub. L. 96–330 designated existing provisions as par. (1) and added par. (2).

1979—Subsec. (b). Pub. L. 96–22 substituted "necessary space for administrative purposes by lease" for "necessary space for administrative, clinical, medical, and outpatient treatment purposes by lease".

1976—Subsec. (a). Pub. L. 94–581, §210(e)(7)(A), substituted "under the Administrator's control" for "under his control" and "notice of the Administrator's intention" for "notice of his intention".

Subsec. (b). Pub. L. 94–581, §210(e)(7)(B), substituted "the Administrator" for "he".

Subsec. (c). Pub. L. 94–581, §210(e)(7)(C), substituted "the Administrator" for "him".

1973—Subsec. (a). Pub. L. 93–82 inserted provisions that leases under this subsection may be made without regard to section 5 of title 41, that notwithstanding section 303b of title 40 or any other provision of law, such leases may provide for the maintenance, protection, or restoration, by the lessee, of the property leased, as a part or all of the consideration for the lease and that prior to the execution of the leases, the Administrator shall give notice of his intention in the local newspaper.

1966—Pub. L. 89–785 inserted "and to negotiate for common services" in section catchline and added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–22 effective Oct. 1, 1979, except that the amendment shall not apply 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 an Effective Date note under section 8101 of this title.

Effective Date of 1976 Amendment

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

Effective Date of 1973 Amendment

Amendment by Pub. L. 93–82 effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as a note under section 1701 of this title.

VA Asset and Infrastructure Review

Pub. L. 115–182, title II, subtitle A, June 6, 2018, 132 Stat. 1443, provided that:

"SEC. 201. SHORT TITLE.

"This subtitle may be cited as the 'VA Asset and Infrastructure Review Act of 2018'.

"SEC. 202. THE COMMISSION.

"(a) Establishment.—There is established an independent commission to be known as the 'Asset and Infrastructure Review Commission' (in this subtitle referred to as the 'Commission').

"(b) Duties.—The Commission shall carry out the duties specified for it in this subtitle.

"(c) Appointment.—

"(1) In general.—

"(A) Appointment.—The Commission shall be composed of nine members appointed by the President, by and with the advice and consent of the Senate.

"(B) Transmission of nominations.—The President shall transmit to the Senate the nominations for appointment to the Commission not later than May 31, 2021.

"(2) Consultation in selection process.—In selecting individuals for nominations for appointments to the Commission, the President shall consult with—

"(A) the Speaker of the House of Representatives;

"(B) the majority leader of the Senate;

"(C) the minority leader of the House of Representatives;

"(D) the minority leader of the Senate; and

"(E) congressionally chartered, membership based veterans service organizations concerning the appointment of three members.

"(3) Designation of chair.—At the time the President nominates individuals for appointment to the Commission under paragraph (1)(B), the President shall designate one such individual who shall serve as Chair of the Commission and one such individual who shall serve as Vice Chair of the Commission.

"(4) Member representation.—In nominating individuals under this subsection, the President shall ensure that—

"(A) veterans, reflecting current demographics of veterans enrolled in the system of annual patient enrollment under section 1705 of title 38, United States Code, are adequately represented in the membership of the Commission;

"(B) at least one member of the Commission has experience working for a private integrated health care system that has annual gross revenues of more than $50,000,000;

"(C) at least one member has experience as a senior manager for an entity specified in clause (ii), (iii), or (iv) of section 101(a)(1)(B) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note);

"(D) at least one member—

"(i) has experience with capital asset management for the Federal Government; and

"(ii) is familiar with trades related to building and real property, including construction, engineering, architecture, leasing, and strategic partnerships; and

"(E) at least three members represent congressionally chartered, membership-based, veterans service organizations.

"(d) Meetings.—

"(1) In general.—The Commission shall meet only during calendar years 2022 and 2023.

"(2) Public nature of meetings and proceedings.—

"(A) Public meetings.—Each meeting of the Commission shall be open to the public.

"(B) Open participation.—All the proceedings, information, and deliberations of the Commission shall be available for review by the public.

"(e) Vacancies.—A vacancy in the Commission shall be filled in the same manner as the original appointment, but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual's predecessor was appointed.

"(f) Pay.—

"(1) In general.—Members of the Commission shall serve without pay.

"(2) Officers or employees of the united states.—Each member of the Commission who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States.

"(3) Travel expenses.—Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.

"(g) Director of Staff.—

"(1) Appointment.—The Commission shall appoint a Director who—

"(A) has not served as an employee of the Department of Veterans Affairs during the 1-year period preceding the date of such appointment; and

"(B) is not otherwise barred or prohibited from serving as Director under Federal ethics laws and regulations, by reason of post-employment conflict of interest.

"(2) Rate of pay.—The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

"(h) Staff.—

"(1) Pay of personnel.—Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel.

"(2) Exemption from certain requirements.—The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for GS–15 of the General Schedule.

"(3) Detailees.—

"(A) Limitation on number.—Not more than two-thirds of the personnel employed by or detailed to the Commission may be on detail from the Department of Veterans Affairs.

"(B) Professional analysts.—Not more than half of the professional analysts of the Commission staff may be persons detailed from the Department of Veterans Affairs to the Commission.

"(C) Prohibition on detail of certain personnel.—A person may not be detailed from the Department of Veterans Affairs to the Commission if, within 6 months before the detail is to begin, that person participated personally and substantially in any matter within the Department of Veterans Affairs concerning the preparation of recommendations regarding facilities of the Veterans Health Administration.

"(4) Authority to request detailed personnel.—Subject to paragraph (3), the head of any Federal department or agency, upon the request of the Director, may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this subtitle.

"(5) Information from federal agencies.—The Commission may secure directly from any Federal agency such information the Commission considers necessary to carry out this subtitle. Upon request of the Chair, the head of such agency shall furnish such information to the Commission.

"(i) Other Authority.—

"(1) Temporary and intermittent services.—The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code.

"(2) Leasing and acquisition of property.—To the extent funds are available, the Commission may lease real property and acquire personal property either of its own accord or in consultation with the General Services Administration.

"(j) Termination.—The Commission shall terminate on December 31, 2023.

"(k) Prohibition Against Restricting Communications.—

"(1) In general.—Except as provided in paragraph (2), no person may restrict an employee of the Department of Veterans Affairs in communicating with the Commission.

"(2) Unlawful communications.—Paragraph (1) does not apply to a communication that is unlawful.

"SEC. 203. PROCEDURE FOR MAKING RECOMMENDATIONS.

"(a) Selection Criteria.—

"(1) Publication.—The Secretary shall, not later than February 1, 2021, and after consulting with veterans service organizations, publish in the Federal Register and transmit to the Committees on Veterans' Affairs of the Senate and the House of Representatives the criteria proposed to be used by the Department of Veterans Affairs in assessing and making recommendations regarding the modernization or realignment of facilities of the Veterans Health Administration under this subtitle. Such criteria shall include the preferences of veterans regarding health care furnished by the Department.

"(2) Public comment.—The Secretary shall provide an opportunity for public comment on the proposed criteria under paragraph (1) for a period of at least 90 days and shall include notice of that opportunity in the publication required under such paragraph.

"(3) Publication of final criteria.—The Secretary shall, not later than May 31, 2021, publish in the Federal Register and transmit to the Committees on Veterans' Affairs of the Senate and the House of Representatives the final criteria to be used in making recommendations regarding the closure, modernization, or realignment of facilities of the Veterans Health Administration under this subtitle.

"(b) Recommendations of the Secretary.—

"(1) Publication in federal register.—The Secretary shall, not later than January 31, 2022, and after consulting with veterans service organizations, publish in the Federal Register and transmit to the Committees on Veterans' Affairs of the Senate and the House of Representatives and to the Commission a report detailing the recommendations regarding the modernization or realignment of facilities of the Veterans Health Administration on the basis of the final criteria referred to in subsection (a)(2) that are applicable.

"(2) Factors for consideration.—In making recommendations under this subsection, the Secretary shall consider each of the following factors:

"(A) The degree to which any health care delivery or other site for providing services to veterans reflect the metrics of the Department of Veterans Affairs regarding market area health system planning.

"(B) The provision of effective and efficient access to high-quality health care and services for veterans.

"(C) The extent to which the real property that no longer meets the needs of the Federal Government could be reconfigured, repurposed, consolidated, realigned, exchanged, outleased, replaced, sold, or disposed.

"(D) The need of the Veterans Health Administration to acquire infrastructure or facilities that will be used for the provision of health care and services to veterans.

"(E) The extent to which the operating and maintenance costs are reduced through consolidating, colocating, and reconfiguring space, and through realizing other operational efficiencies.

"(F) The extent and timing of potential costs and savings, including the number of years such costs or savings will be incurred, beginning with the date of completion of the proposed recommendation.

"(G) The extent to which the real property aligns with the mission of the Department of Veterans Affairs.

"(H) The extent to which any action would impact other missions of the Department (including education, research, or emergency preparedness).

"(I) Local stakeholder inputs and any factors identified through public field hearings.

"(J) The assessments under paragraph (3).

"(K) The extent to which the Veterans Health Administration has appropriately staffed the medical facility, including determinations whether there has been insufficient resource allocation or deliberate understaffing.

"(L) Any other such factors the Secretary determines appropriate.

"(3) Capacity and commercial market assessments.—

"(A) Assessments.—The Secretary shall assess the capacity of each Veterans Integrated Service Network and medical facility of the Department to furnish hospital care or medical services to veterans under chapter 17 of title 38, United States Code. Each such assessment shall—

"(i) identify gaps in furnishing such care or services at such Veterans Integrated Service Network or medical facility;

"(ii) identify how such gaps can be filled by—

     "(I) entering into contracts or agreements with network providers under this section or with entities under other provisions of law;

     "(II) making changes in the way such care and services are furnished at such Veterans Integrated Service Network or medical facility, including—

"(aa) extending hours of operation;

"(bb) adding personnel; or

"(cc) expanding space through the construction, leasing, or sharing of health care facilities; and

     "(III) the building or realignment of Department resources or personnel;

"(iii) forecast, based on future projections and historical trends, both the short- and long-term demand in furnishing care or services at such Veterans Integrated Service Network or medical facility and assess how such demand affects the needs to use such network providers;

"(iv) include a commercial health care market assessment of designated catchment areas in the United States conducted by a non-governmental entity; and

"(v) consider the unique ability of the Federal Government to retain a presence in an area otherwise devoid of commercial health care providers or from which such providers are at risk of leaving.

"(B) Consultation.—In carrying out the assessments under subparagraph (A), the Secretary shall consult with veterans service organizations and veterans served by each such Veterans Integrated Service Network and medical facility.

"(C) Submittal.—The Secretary shall submit such assessments to the Committees on Veterans' Affairs of the House of Representatives and the Senate with the recommendations of the Secretary under this subsection and make the assessments publicly available.

"(4) Summary of selection process.—The Secretary shall include, with the list of recommendations published and transmitted pursuant to paragraph (1), a summary of the selection process that resulted in the recommendation for each facility of the Veterans Health Administration, including a justification for each recommendation. The Secretary shall transmit the matters referred to in the preceding sentence not later than 7 days after the date of the transmittal to the Committees on Veterans' Affairs of the Senate and the House of Representatives and the Commission of the report referred to in paragraph (1).

"(5) Treatment of facilities.—In assessing facilities of the Veterans Health Administration, the Secretary shall consider all such facilities equally without regard to whether the facility has been previously considered or proposed for reuse, closure, modernization, or realignment by the Department of Veterans Affairs.

"(6) Availability of information to congress.—In addition to making all information used by the Secretary to prepare the recommendations under this subsection available to Congress (including any committee or Member of Congress), the Secretary shall also make such information available to the Commission and the Comptroller General of the United States.

"(7) Certification of accuracy.—

"(A) In general.—Each person referred to in subparagraph (B), when submitting information to the Secretary or the Commission concerning the modernization or realignment of a facility of the Veterans Health Administration, shall certify that such information is accurate and complete to the best of that person's knowledge and belief.

"(B) Covered persons.—Subparagraph (A) applies to the following persons:

"(i) Each Under Secretary of the Department of Veterans Affairs.

"(ii) Each director of a Veterans Integrated Service Network.

"(iii) Each director of a medical center of the Department of Veterans Affairs.

"(iv) Each director of a program office of the Department of Veterans Affairs.

"(v) Each person who is in a position the duties of which include personal and substantial involvement in the preparation and submission of information and recommendations concerning the modernization or realignment of facilities of the Veterans Health Administration.

"(c) Review and Recommendations by the Commission.—

"(1) Public hearings.—

"(A) In general.—After receiving the recommendations from the Secretary pursuant to subsection (b), the Commission shall conduct public hearings on the recommendations.

"(B) Locations.—The Commission shall conduct public hearings in regions affected by a recommendation of the Secretary to close a facility of the Veterans Health Administration. To the greatest extent practicable, the Commission shall conduct public hearings in regions affected by a recommendation of the Secretary to modernize or realign such a facility.

"(C) Required witnesses.—Witnesses at each public hearing shall include at a minimum—

"(i) a veteran—

     "(I) enrolled under section 1705 of title 38, United States Code; and

     "(II) identified by a local veterans service organization; and

"(ii) a local elected official.

"(2) Transmittal to president.—

"(A) In general.—The Commission shall, not later than January 31, 2023, transmit to the President a report containing the Commission's findings and conclusions based on a review and analysis of the recommendations made by the Secretary, together with the Commission's recommendations, for modernizations and realignments of facilities of the Veterans Health Administration.

"(B) Authority to make changes to recommendations.—Subject to subparagraph (C), in making its recommendations, the Commission may change any recommendation made by the Secretary if the Commission—

"(i) determines that the Secretary deviated substantially from the final criteria referred to in subsection (a)(2) in making such recommendation;

"(ii) determines that the change is consistent with the final criteria referred to in subsection (a)(2);

"(iii) publishes a notice of the proposed change in the Federal Register not less than 45 days before transmitting its recommendations to the President pursuant to subparagraph (A); and

"(iv) conducts public hearings on the proposed change.

"(3) Justification for changes.—The Commission shall explain and justify in its report submitted to the President pursuant to paragraph (2) any recommendation made by the Commission that is different from the recommendations made by the Secretary pursuant to subsection (b). The Commission shall transmit a copy of such report to the Committees on Veterans' Affairs of the Senate and the House of Representatives on the same date on which it transmits its recommendations to the President under paragraph (2).

"(4) Provision of information to congress.—After the Commission transmits its report to the President, the Commission shall promptly provide, upon request, to any Member of Congress, information used by the Commission in making its recommendations.

"(d) Review by the President.—

"(1) Report.—The President shall, not later than February 15, 2023, transmit to the Commission and to the Congress a report containing the President's approval or disapproval of the Commission's recommendations.

"(2) Presidential approval.—If the President approves all the recommendations of the Commission, the President shall transmit a copy of such recommendations to the Congress, together with a certification of such approval.

"(3) Presidential disapproval.—If the President disapproves the recommendations of the Commission, in whole or in part, the President shall transmit to the Commission and the Congress, not later than March 1, 2023, the reasons for that disapproval. The Commission, after consideration of the President's reasons for disapproval, shall then transmit to the President, not later than March 15, 2023, a report containing—

"(A) the Commission's findings and conclusions based on a review and analysis of those reasons for disapproval provided by the President; and

"(B) recommendations that the Commission determines are appropriate for modernizations and realignments of facilities of the Veterans Health Administration.

"(4) Transmittal of recommendations to congress.—If the President approves all recommendations of the Commission transmitted to the President under paragraph (3), the President shall transmit a copy of such recommendations to the Congress, together with a certification of such approval.

"(5) Failure to transmit.—If the President does not transmit to the Congress an approval and certification described in paragraph (2) or (4) by March 30, 2023, the process by which facilities of the Veterans Health Administration may be selected for modernization or realignment under this subtitle shall be terminated.

"SEC. 204. ACTIONS REGARDING INFRASTRUCTURE AND FACILITIES OF THE VETERANS HEALTH ADMINISTRATION.

"(a) In General.—Subject to subsection (b), the Secretary shall begin to implement the recommended modernizations and realignments in the report under section 203(d) not later than 3 years after the date on which the President transmits such report to Congress. In any fiscal year, such implementation includes—

"(1) the planning of modernizations and realignments of facilities of the Veterans Health Administration as recommended in such report; and

"(2) providing detailed information on the budget for such modernizations or realignments in documents submitted to Congress by the Secretary in support of the President's budget for that fiscal year.

"(b) Congressional Disapproval.—

"(1) In general.—The Secretary may not carry out any modernization or realignment recommended by the Commission in a report transmitted from the President pursuant to section 203(d) if a joint resolution is enacted, in accordance with the provisions of section 207, disapproving such recommendations of the Commission before the earlier of—

"(A) the end of the 45-day period beginning on the date on which the President transmits such report; or

"(B) the adjournment of Congress sine die for the session during which such report is transmitted.

"(2) Computation of period.—For purposes of paragraph (1) and subsections (a) and (c) of section 207, the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain shall be excluded in the computation of a period.

"SEC. 205. IMPLEMENTATION.

"(a) In General.—

"(1) Modernizing and realigning facilities.—In modernizing or realigning any facility of the Veterans Health Administration under this subtitle, the Secretary may—

"(A) take such actions as may be necessary to modernize or realign any such facility, including the alteration of such facilities, the acquisition of such land, the leasing or construction of such replacement facilities, the disposition of such land or facilities, the performance of such activities, and the conduct of such advance planning and design as may be required to transfer functions from a facility of the Veterans Health Administration to another such facility, and may use for such purpose funds in the Account or funds appropriated to the Department of Veterans Affairs for such purposes;

"(B) carry out activities for the purposes of environmental mitigation, abatement, or restoration at any such facility, and shall use for such purposes funds in the Account;

"(C) reimburse other Federal agencies for actions performed at the request of the Secretary with respect to any such closure or realignment, and may use for such purpose funds in the Account or funds appropriated to the Department of Veterans Affairs and available for such purpose; and

"(D) exercise the authority of the Secretary under subchapter V of chapter 81 of title 38, United States Code.

"(2) Environmental restoration; historic preservation.—In carrying out any closure or realignment under this subtitle, the Secretary, with regards to any property made excess to the needs of the Department of Veterans Affairs as a result of such closure or realignment, shall carry out, as soon as possible with funds available for such purpose, any of the following for which the Secretary is responsible:

"(A) Environmental mitigation.

"(B) Environmental abatement.

"(C) Environmental restoration.

"(D) Compliance with historic preservation requirements.

"(b) Management and Disposal of Property.—

"(1) Existing disposal authorities.—To transfer or dispose of surplus real property or infrastructure located at any facility of the Veterans Health Administration that is modernized or realigned under this title [see Tables for classification], the Secretary may exercise the authorities of the Secretary under subchapters I and II of chapter 81 of title 38, United States Code, or the authorities delegated to the Secretary by the Administrator of General Services under subchapter III of chapter 5 of title 40, United States Code.

"(2) Effects on local communities.—

"(A) Consultation with state and local government.—Before any action may be taken with respect to the disposal of any surplus real property or infrastructure located at any facility of the Veterans Health Administration to be closed or realigned under this subtitle, the Secretary of Veterans Affairs shall consult with the Governor of the State and the heads of the local governments concerned for the purpose of considering any plan for the use of such property by the local community concerned.

"(B) Treatment of roads.—If infrastructure or a facility of the Veterans Health Administration to be closed or realigned under this subtitle includes a road used for public access through, into, or around the facility, the Secretary—

"(i) shall consult with the Government of the State and the heads of the local governments concerned for the purpose of considering the continued availability of the road for public use after the recommended action is complete; and

"(ii) may exercise the authority of the Secretary under section 8108 of title 38, United States Code.

"(3) Leases; cercla.—

"(A) Lease authority.—

"(i) Transfer to redevelopment authority for lease.—The Secretary may transfer title to a facility of the Veterans Health Administration approved for closure or realignment under this subtitle (including property at a facility of the Veterans Health Administration approved for realignment which will be retained by the Department of Veterans Affairs or another Federal agency after realignment) to the redevelopment authority for the facility if the redevelopment authority agrees to lease, directly upon transfer, one or more portions of the property transferred under this subparagraph to the Secretary or to the head of another department or agency of the Federal Government.

"(ii) Term of lease.—A lease under clause (i) shall be for a term of not to exceed 50 years, but may provide for options for renewal or extension of the term by the department or agency concerned.

"(iii) Limitation.—A lease under clause (i) may not require rental payments by the United States.

"(iv) Treatment of remaindered lease terms.—A lease under clause (i) shall include a provision specifying that if the department or agency concerned ceases requiring the use of the leased property before the expiration of the term of the lease, the remainder of the lease term may be satisfied by the same or another department or agency of the Federal Government using the property for a use similar to the use under the lease. Exercise of the authority provided by this clause shall be made in consultation with the redevelopment authority concerned.

"(v) Facility services.—Notwithstanding clause (iii), if a lease under clause (i) involves a substantial portion of the facility, the department or agency concerned may obtain facility services for the leased property and common area maintenance from the redevelopment authority or the redevelopment authority's assignee as a provision of the lease. The facility services and common area maintenance shall be provided at a rate no higher than the rate charged to non-Federal tenants of the transferred property. Facility services and common area maintenance covered by the lease shall not include—

     "(I) municipal services that a State or local government is required by law to provide to all landowners in its jurisdiction without direct charge; or

     "(II) firefighting or security-guard functions.

"(B) Application of cercla.—The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to any transfer of real property under this paragraph.

"(C) Additional terms and conditions.—The Secretary may require any additional terms and conditions in connection with a transfer under this paragraph as such Secretary considers appropriate to protect the interests of the United States.

"(4) Application of mckinney-vento homeless assistance act.—Nothing in this subtitle shall limit or otherwise affect the application of the provisions of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) to facilities of the Veterans Health Administration closed under this subtitle.

"(c) Applicability of National Environmental Policy Act of 1969.—

"(1) In general.—The provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the actions of the President, the Commission, and, except as provided in paragraph (2), the Department of Veterans Affairs in carrying out this subtitle.

"(2) Department of veterans affairs.—

"(A) Covered activities.—The provisions of the National Environmental Policy Act of 1969 shall apply to actions of the Department of Veterans Affairs under this subtitle—

"(i) during the process of property disposal; and

"(ii) during the process of relocating functions from a facility of the Veterans Health Administration being closed or realigned to another facility after the receiving facility has been selected but before the functions are relocated.

"(B) Other activities.—In applying the provisions of the National Environmental Policy Act of 1969 to the processes referred to in subparagraph (A), the Secretary shall not have to consider—

"(i) the need for closing or realigning the facility of the Veterans Health Administration as recommended by the Commission;

"(ii) the need for transferring functions to any facility of the Veterans Health Administration which has been selected as the receiving facility; or

"(iii) facilities of the Veterans Health Administration alternative to those recommended or selected.

"(d) Waiver.—

"(1) Restrictions on use of funds.—The Secretary may close or realign facilities of the Veterans Health Administration under this subtitle without regard to any provision of law restricting the use of funds for closing or realigning facilities of the Veterans Health Administration included in any appropriation or authorization Act.

"(2) Restrictions on authorities.—The Secretary may close or realign facilities of the Veterans Health Administration under this subtitle without regard to the restrictions of section 8110 of title 38, United States Code.

"(e) Transfer Authority in Connection With Payment of Environmental Remediation Costs.—

"(1) In general.—

"(A) Transfer by deed.—Subject to paragraph (2) of this subsection and section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the Secretary may enter into an agreement to transfer by deed a facility of the Veterans Health Administration with any person who agrees to perform all environmental restoration, waste management, and environmental compliance activities that are required for the property or facilities under Federal and State laws, administrative decisions, agreements (including schedules and milestones), and concurrences.

"(B) Additional terms or conditions.—The Secretary may require any additional terms and conditions in connection with an agreement authorized by subparagraph (A) as the Secretary considers appropriate to protect the interests of the United States.

"(2) Limitation.—A transfer of a facility of the Veterans Health Administration may be made under paragraph (1) only if the Secretary certifies to Congress that—

"(A) the costs of all environmental restoration, waste management, and environmental compliance activities otherwise to be paid by the Secretary with respect to the facility of the Veterans Health Administration are equal to or greater than the fair market value of the property or facilities to be transferred, as determined by the Secretary; or

"(B) if such costs are lower than the fair market value of the facility of the Veterans Health Administration, the recipient of such transfer agrees to pay the difference between the fair market value and such costs.

"(3) Payment by the secretary for certain transfers.—In the case of a facility of the Veterans Health Administration covered by a certification under paragraph (2)(A), the Secretary may pay the recipient of such facility an amount equal to the lesser of—

"(A) the amount by which the costs incurred by the recipient of the facility of the Veterans Health Administration for all environmental restoration, waste, management, and environmental compliance activities with respect to such facility exceed the fair market value of such property as specified in such certification; or

"(B) the amount by which the costs (as determined by the Secretary) that would otherwise have been incurred by the Secretary for such restoration, management, and activities with respect to such facility of the Veterans Health Administration exceed the fair market value of property as so specified.

"(4) Disclosure.—As part of an agreement under paragraph (1), the Secretary shall disclose to the person to whom the facility of the Veterans Health Administration will be transferred any information of the Secretary regarding the environmental restoration, waste management, and environmental compliance activities described in paragraph (1) that relate to the facility of the Veterans Health Administration. The Secretary shall provide such information before entering into the agreement.

"(5) Applicability of certain environmental laws.—Nothing in this subsection shall be construed to modify, alter, or amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

"SEC. 206. DEPARTMENT OF VETERANS AFFAIRS ASSET AND INFRASTRUCTURE REVIEW ACCOUNT.

"(a) Establishment.—There is hereby established in the ledgers of the Treasury an account to be known as the 'Department of Veterans Affairs Asset and Infrastructure Review Account' which shall be administered by the Secretary as a single account.

"(b) Credits to Account.—There shall be credited to the Account the following:

"(1) Funds authorized for and appropriated to the Account.

"(2) Proceeds received from the lease, transfer, or disposal of any property at a facility of the Veterans Health Administration closed or realigned under this subtitle.

"(c) Use of Account.—The Secretary may use the funds in the Account only for the following purposes:

"(1) To carry out this subtitle.

"(2) To cover property management and disposal costs incurred at facilities of the Veterans Health Administration closed, modernized, or realigned under this subtitle.

"(3) To cover costs associated with supervision, inspection, overhead, engineering, and design of construction projects undertaken under this subtitle, and subsequent claims, if any, related to such activities.

"(4) Other purposes that the Secretary determines support the mission and operations of the Department of Veterans Affairs.

"(d) Consolidated Budget Justification Display for Account.—

"(1) Consolidated budget information required.—The Secretary shall establish a consolidated budget justification display in support of the Account that for each fiscal year—

"(A) details the amount and nature of credits to, and expenditures from, the Account during the preceding fiscal year;

"(B) separately details the environmental remediation costs associated with facility of the Veterans Health Administration for which a budget request is made;

"(C) specifies the transfers into the Account and the purposes for which these transferred funds will be further obligated, to include caretaker and environment remediation costs associated with each facility of the Veterans Health Administration; and

"(D) details any intra-budget activity transfers within the Account that exceeded $1,000,000 during the preceding fiscal year or that are proposed for the next fiscal year and will exceed $1,000,000.

"(2) Submission.—The Secretary shall include the information required by paragraph (1) in the materials that the Secretary submits to Congress in support of the budget for a fiscal year submitted by the President pursuant to section 1105 of title 31, United States Code.

"(e) Closure of Account; Treatment of Remaining Funds.—

"(1) Closure.—The Account shall be closed at the time and in the manner provided for appropriation accounts under section 1555 of title 31, United States Code, except that unobligated funds which remain in the Account upon closure shall be held by the Secretary of the Treasury until transferred to the Secretary of Veterans Affairs by law after the Committees on Veterans' Affairs of the Senate and the House of Representatives receive the final report transmitted under paragraph (2).

"(2) Final report.—No later than 60 days after the closure of the Account under paragraph (1), the Secretary shall transmit to the Committees on Veterans' Affairs of the Senate and the House of Representatives and the Committees on Appropriations of the House of Representatives and the Senate a report containing an accounting of—

"(A) all the funds credited to and expended from the Account or otherwise expended under this subtitle; and

"(B) any funds remaining in the Account.

"SEC. 207. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.

"(a) Disapproval Resolution.—For purposes of this subtitle, the term 'joint resolution' means only a joint resolution which is introduced within the 5-day period beginning on the date on which the President transmits the report to the Congress under section 203(d), and—

"(1) which does not have a preamble;

"(2) the matter after the resolving clause of which is as follows: 'that Congress disapproves the recommendations of the VHA Asset and Infrastructure Review Commission as submitted by the President on ______', the blank space being filled with the appropriate date; and

"(3) the title of which is as follows: 'Joint resolution disapproving the recommendations of the VHA Asset and Infrastructure Review Commission.'.

"(b) Consideration in the House of Representatives.—

"(1) Reporting and discharge.—Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House without amendment not later than 15 legislative days after the date of introduction thereof. If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution.

"(2) Proceeding to consideration.—It shall be in order at any time after the third legislative day after each committee authorized to consider a joint resolution has reported or has been discharged from consideration of a joint resolution, to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on a joint resolution addressing a particular submission. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.

"(3) Consideration.—The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order.

"(c) Consideration in the Senate.—

"(1) Referral.—A joint resolution introduced in the Senate shall be referred to the Committee on Veterans' Affairs.

"(2) Reporting and discharge.—Any committee of the Senate to which a joint resolution is referred shall report it to the Senate without amendment not later than 15 session days after the date of introduction of a joint resolution described in subsection (a). If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the calendar.

"(3) Floor consideration.—

"(A) In general.—Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the third session day on which the Committee on Veterans' Affairs has reported or has been discharged from consideration of a joint resolution described in subsection (a) (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of.

"(B) Consideration.—Consideration of the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.

"(C) Vote on passage.—If the Senate has voted to proceed to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate.

"(D) Rulings of the chair on procedure.—Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate.

"(d) Amendment Not in Order.—A joint resolution of disapproval considered pursuant to this section shall not be subject to amendment in either the House of Representatives or the Senate.

"(e) Coordination With Action by Other House.—

"(1) In general.—If, before the passage by one House of the joint resolution of that House, that House receives the joint resolution from the other House, then the following procedures shall apply:

"(A) The joint resolution of the other House shall not be referred to a committee.

"(B) With respect to the joint resolution of the House receiving the joint resolution—

"(i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but

"(ii) the vote on passage shall be on the joint resolution of the other House.

"(2) Treatment of joint resolution of other house.—If the Senate fails to introduce or consider a joint resolution under this section, the joint resolution of the House shall be entitled to expedited floor procedures under this section.

"(3) Treatment of companion measures.—If, following passage of the joint resolution in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable.

"(f) Rules of the House of Representatives and Senate.—This section is enacted by Congress—

"(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and

"(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

"SEC. 208. OTHER MATTERS.

"(a) Online Publication of Communications.—

"(1) In general.—Not later than 24 hours after the transmission or receipt of any communication under this subtitle that is transmitted or received by a party specified in paragraph (2), the Secretary of Veterans Affairs shall publish such communication online.

"(2) Parties specified.—The parties specified under this paragraph are the following:

"(A) The Secretary of Veterans Affairs.

"(B) The Commission.

"(C) The President.

"(b) Continuation of Existing Construction Projects and Planning.—During activities that the Commission, President, or Congress carry out under this subtitle, the Secretary of Veterans Affairs may not stop, solely because of such activities—

"(1) a construction or leasing project of the Veterans Health Administration;

"(2) long term planning regarding infrastructure and assets of the Veterans Health Administration; or

"(3) budgetary processes for the Veterans Health Administration.

"(c) Recommendations for Future Asset Reviews.—The Secretary of Veterans Affairs may, after consulting with veterans service organizations, include in budget submissions the Secretary submits after the termination of the Commission recommendations for future such commissions or other capital asset realignment and management processes.

"SEC. 209. DEFINITIONS.

"In this subtitle:

"(1) The term 'Account' means the Department of Veterans Affairs Asset and Infrastructure Review Account established by section 206(a).

"(2) The term 'Commission' means the Commission established by section 202.

"(3) The term 'date of approval', with respect to a modernization or realignment of a facility of the Veterans Health Administration, means the date on which the authority of Congress to disapprove a recommendation of modernization or realignment, as the case may be, of such facility under this subtitle expires.

"(4) The term 'facility of the Veterans Health Administration'—

"(A) means any land, building, structure, or infrastructure (including any medical center, nursing home, domiciliary facility, outpatient clinic, center that provides readjustment counseling, or leased facility) that is—

"(i) under the jurisdiction of the Department of Veterans Affairs;

"(ii) under the control of the Veterans Health Administration; and

"(iii) not under the control of the General Services Administration; or

"(B) with respect to a colocated facility of the Department of Veterans Affairs, includes any land, building, or structure—

"(i) under the jurisdiction of the Department of Veterans Affairs;

"(ii) under the control of another administration of the Department of Veterans Affairs; and

"(iii) not under the control of the General Services Administration.

"(5) The term 'infrastructure' means improvements to land other than buildings or structures.

"(6) The term 'modernization' includes—

"(A) any action, including closure, required to align the form and function of a facility of the Veterans Health Administration to the provision of modern day health care, including utilities and environmental control systems;

"(B) the construction, purchase, lease, or sharing of a facility of the Veterans Health Administration; and

"(C) realignments, disposals, exchanges, collaborations between the Department of Veterans Affairs and other Federal entities, and strategic collaborations between the Department and non-Federal entities, including tribal organizations.

"(7) The term 'realignment', with respect to a facility of the Veterans Health Administration, includes—

"(A) any action that changes the numbers of or relocates services, functions, and personnel positions;

"(B) disposals or exchanges between the Department of Veterans Affairs and other Federal entities, including the Department of Defense; and

"(C) strategic collaborations between the Department of Veterans Affairs and non-Federal entities, including tribal organizations.

"(8) The term 'redevelopment authority', in the case of a facility of the Veterans Health Administration closed or modernized under this subtitle, means any entity (including an entity established by a State or local government) recognized by the Secretary of Veterans Affairs as the entity responsible for developing the redevelopment plan with respect to the facility or for directing the implementation of such plan.

"(9) The term 'redevelopment plan'[,] in the case of a facility of the Veterans Health Administration to be closed or realigned under this subtitle, means a plan that—

"(A) is agreed to by the local redevelopment authority with respect to the facility; and

"(B) provides for the reuse or redevelopment of the real property and personal property of the facility that is available for such reuse and redevelopment as a result of the closure or realignment of the facility.

"(10) The term 'Secretary' means the Secretary of Veterans Affairs.

"(11) The term 'tribal organization' has the meaning given such term in section 3765 of title 38, United States Code."

Transfer of Real Property Deemed Described in Budget for Fiscal Year 1989

Pub. L. 100–322, title IV, §421(a)(2), May 20, 1988, 102 Stat. 553, provided that any proposed transfer of real property described in subsec. (a)(2)(B) of this section that was described in a report submitted to Committees on Veterans' Affairs of Senate and House of Representatives by Administrator not later than 30 days after May 20, 1988, was to be deemed for purposes of subsec. (a)(2)(A) of this section to have been described in the President's budget for fiscal year 1989.

1 See References in Text note below.
38 U.S.C. § 1956 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter II / Section 1956: Military and naval insurance appropriation
Military and naval insurance appropriation
Status: in_force

All sums heretofore or hereafter appropriated for the military and naval insurance appropriation and all premiums collected for yearly renewable term insurance deposited and covered into the Treasury to the credit of this appropriation shall be made available to the Department. All premiums that may hereafter be collected for yearly renewable term insurance shall be deposited and covered into the Treasury for the credit of this appropriation. Such sum is made available for the payment of the liabilities of the United States incurred under contracts of yearly renewable term insurance. Payments from this appropriation shall be made upon and in accordance with the awards by the Secretary.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1162, §756; renumbered §1956 and amended Pub. L. 102–83, §§4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 756 of this title as this section.

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

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".
38 U.S.C. § 713 (2024) — Title 38: VETERANS' BENEFITS / Chapter 7 / Subchapter I / Section 713: Senior executives: removal, demotion, or suspension based on performance or misconduct
Senior executives: removal, demotion, or suspension based on performance or misconduct
Status: in_force

(a) Authority.—(1) The Secretary may, as provided in this section, reprimand or suspend, involuntarily reassign, demote, or remove a covered individual from a senior executive position at the Department if the Secretary determines that the misconduct or performance of the covered individual warrants such action.

(2) If the Secretary so removes such an individual, the Secretary may remove the individual from the civil service (as defined in section 2101 of title 5).

(b) Rights and Procedures.—(1) A covered individual who is the subject of an action under subsection (a) is entitled to—

(A) advance notice of the action and a file containing all evidence in support of the proposed action;

(B) be represented by an attorney or other representative of the covered individual's choice; and

(C) grieve the action in accordance with an internal grievance process that the Secretary, in consultation with the Assistant Secretary for Accountability and Whistleblower Protection, shall establish for purposes of this subsection.

(2)(A) The aggregate period for notice, response, and decision on an action under subsection (a) may not exceed 15 business days.

(B) The period for the response of a covered individual to a notice under paragraph (1)(A) of an action under subsection (a) shall be 7 business days.

(C) A decision under this paragraph on an action under subsection (a) shall be issued not later than 15 business days after notice of the action is provided to the covered individual under paragraph (1)(A). The decision shall be in writing, and shall include the specific reasons therefor.

(3) The Secretary shall ensure that the grievance process established under paragraph (1)(C) takes fewer than 21 days.

(4) A decision under paragraph (2) that is not grieved, and a grievance decision under paragraph (3), shall be final and conclusive.

(5) A covered individual adversely affected by a decision under paragraph (2) that is not grieved, or by a grievance decision under paragraph (3), may obtain judicial review of such decision.

(6) In any case in which judicial review is sought under paragraph (5), the court shall review the record and may set aside any Department action found to be—

(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with a provision of law;

(B) obtained without procedures required by a provision of law having been followed; or

(C) unsupported by substantial evidence.

(c) Relation to Other Provisions of Law.—Section 3592(b)(1) of title 5 and the procedures under section 7543(b) of such title do not apply to an action under subsection (a).

(d) Definitions.—In this section:

(1) The term "covered individual" means—

(A) a career appointee (as that term is defined in section 3132(a)(4) of title 5); or

(B) any individual who occupies an administrative or executive position and who was appointed under section 7306(a), section 7401(1), or section 7401(4) of this title.

(2) The term "misconduct" includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.

(3) The term "senior executive position" means—

(A) with respect to a career appointee (as that term is defined in section 3132(a) of title 5), a Senior Executive Service position (as such term is defined in such section); and

(B) with respect to a covered individual appointed under section 7306(a) or section 7401(1) of this title, an administrative or executive position.

(Added Pub. L. 113–146, title VII, §707(a)(1), Aug. 7, 2014, 128 Stat. 1798; amended Pub. L. 115–41, title II, §201(a), June 23, 2017, 131 Stat. 868.)

Editorial Notes

Prior Provisions

A prior section 713 was renumbered section 1913 of this title.

Amendments

2017—Pub. L. 115–41 amended section generally. Prior to amendment, section related to removal of senior executives based on performance or misconduct.

Statutory Notes and Related Subsidiaries

Construction

Pub. L. 113–146, title VII, §707(d), Aug. 7, 2014, 128 Stat. 1801, provided a rule of construction related to appeal of a removal, transfer, or other personnel action that was pending before Aug. 7, 2014, and provided that the authority provided by former section 713 of this title would be in addition to the authority provided by section 3592 or subchapter V of chapter 75 of title 5.

Establishment of Expedited Review Process

Pub. L. 113–146, title VII, §707(b), Aug. 7, 2014, 128 Stat. 1800, related to the establishment by the Merit Systems Protection Board of a process to conduct expedited reviews in accordance with former subsec. (d) of this section.

Temporary Exemption From Certain Limitation on Initiation of Removal From Senior Executive Service

Pub. L. 113–146, title VII, §707(c), Aug. 7, 2014, 128 Stat. 1800, provided for a 120-day exemption, starting on Aug. 7, 2014, from certain limitations on the initiation of removals from the Senior Executive Service.
38 U.S.C. § 1502 (2024) — Title 38: VETERANS' BENEFITS / Chapter 15 / Subchapter I / Section 1502: Determinations with respect to disability
Determinations with respect to disability
Status: in_force

(a) For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is any of the following:

(1) A patient in a nursing home for long-term care because of disability.

(2) Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner.

(3) Unemployable as a result of disability reasonably certain to continue throughout the life of the person.

(4) Suffering from—

(A) any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the person; or

(B) any disease or disorder determined by the Secretary to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled.

(b) For the purposes of this chapter, a person shall be considered to be in need of regular aid and attendance if such person is (1) a patient in a nursing home or (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person.

(c) For the purposes of this chapter, the requirement of "permanently housebound" will be considered to have been met when the veteran is substantially confined to such veteran's house (ward or clinical areas, if institutionalized) or immediate premises due to a disability or disabilities which it is reasonably certain will remain throughout such veteran's lifetime.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1134, §502; Pub. L. 88–664, §6(b), Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90–77, title I, §102, Aug. 31, 1967, 81 Stat. 178; Pub. L. 94–169, title I, §106(2), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 94–432, title II, §201, Sept. 30, 1976, 90 Stat. 1369; Pub. L. 101–508, title VIII, §8002(a), Nov. 5, 1990, 104 Stat. 1388–342; renumbered §1502 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 107–103, title II, §206(a), Dec. 27, 2001, 115 Stat. 990; Pub. L. 109–233, title V, §502(3), June 15, 2006, 120 Stat. 415.)

Editorial Notes

Prior Provisions

Prior section 1502 was renumbered section 3102 of this title.

Another prior section 1502, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1171; Pub. L. 86–721, §3, Sept. 8, 1960, 74 Stat. 820; Pub. L. 87–815, §7, Oct. 15, 1962, 76 Stat. 927; Pub. L. 89–138, §2(2), Aug. 26, 1965, 79 Stat. 578; Pub. L. 90–631, §1(a), Oct. 23, 1968, 82 Stat. 1331; Pub. L. 92–540, title I, §101(1), title III, §301, Oct. 24, 1972, 86 Stat. 1074, 1080; Pub. L. 93–508, title I, §101(2), Dec. 3, 1974, 88 Stat. 1578; Pub. L. 94–502, title I, §104(1), Oct. 15, 1976, 90 Stat. 2384, related to the basic entitlement of veterans with service-connected disabilities to vocational rehabilitation under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96–466. Section 802(a)(3) of Pub. L. 96–466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1502 continue in effect until Mar. 31, 1981.

Prior section 1502A, Pub. L. 87–591, §1, Aug. 16, 1962, 76 Stat. 393, which related to vocational rehabilitation for blinded veterans, was repealed by Pub. L. 89–138, §2(3), Aug. 26, 1965, 79 Stat. 578.

Amendments

2006—Subsec. (b)(2). Pub. L. 109–233 substituted "blind, or so nearly blind or significantly disabled as to" for "helpless or blind, or so nearly helpless or blind as to".

2001—Subsec. (a). Pub. L. 107–103 substituted "such person is any of the following:" and pars. (1) to (4) for "such a person is unemployable as a result of disability reasonably certain to continue throughout the life of the disabled person, or is suffering from—

"(1) any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the disabled person; or

"(2) any disease or disorder determined by the Secretary to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled."

1991—Pub. L. 102–83, §5(a), renumbered section 502 of this title as this section.

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

1990—Subsec. (a). Pub. L. 101–508 amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: "For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is sixty-five years of age or older or became unemployable after age 65, or suffering from—".

1976—Subsec. (a). Pub. L. 94–432 inserted "or became unemployable after age 65," after "or older".

1975—Subsecs. (a) and (b). Pub. L. 94–169 substituted "such person" for "he".

Subsec. (c). Pub. L. 94–169 substituted "such veteran's" for "his" wherever appearing.

1967—Subsec. (a). Pub. L. 90–77, §102(a), provided for consideration of a person sixty-five years of age or older as permanently and totally disabled.

Subsec. (b). Pub. L. 90–77, §102(b), added cl. (1) and designated existing provisions as cl. (2).

1964—Subsec. (c). Pub. L. 88–664 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2001 Amendment

Pub. L. 107–103, title II, §206(b), Dec. 27, 2001, 115 Stat. 991, provided that: "The amendment made by subsection (a) [amending this section] shall take effect as of September 17, 2001."

Effective Date of 1990 Amendment

Pub. L. 101–508, title VIII, §8002(b), Nov. 5, 1990, 104 Stat. 1388–342, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to claims filed after October 31, 1990."

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–432 effective Jan. 1, 1977, see section 405(b) of Pub. L. 94–432, set out as a note under section 1521 of this title.

Effective Date of 1975 Amendment

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

Effective Date of 1967 Amendment

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

Effective Date of 1964 Amendment

Amendment by Pub. L. 88–664 effective Jan. 1, 1965, see section 11 of Pub. L. 88–664, set out as a note under section 1503 of this title.
38 U.S.C. § 2108 (2024) — Title 38: VETERANS' BENEFITS / Chapter 21 / Section 2108: Specially adapted housing assistive technology grant program
Specially adapted housing assistive technology grant program
Status: in_force

(a) Authority to Make Grants.—The Secretary shall make grants to encourage the development of new assistive technologies for specially adapted housing.

(b) Application.—A person or entity seeking a grant under this section shall submit to the Secretary an application for the grant in such form and manner as the Secretary shall specify.

(c) Grant Funds.—(1) Each grant awarded under this section shall be in an amount of not more than $200,000 per fiscal year.

(2) For each fiscal year in which the Secretary makes a grant under this section, the Secretary shall make the grant by not later than April 1 of that year.

(d) Use of Funds.—The recipient of a grant under this section shall use the grant to develop assistive technologies for use in specially adapted housing.

(e) Report.—Not later than March 1 of each fiscal year following a fiscal year in which the Secretary makes a grant, the Secretary shall submit to Congress a report containing information related to each grant awarded under this section during the preceding fiscal year, including—

(1) the name of the grant recipient;

(2) the amount of the grant; and

(3) the goal of the grant.

(f) Funding.—From amounts appropriated to the Department for readjustment benefits for each fiscal year for which the Secretary is authorized to make a grant under this section, $1,000,000 shall be available for that fiscal year for the purposes of the program under this section.

(g) Duration.—The authority to make a grant under this section shall begin on October 1, 2011, and shall terminate on September 30, 2025.

(Added Pub. L. 111–275, title II, §203(a), Oct. 13, 2010, 124 Stat. 2874; amended Pub. L. 114–228, title IV, §409, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, §408, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, §122, Sept. 29, 2018, 132 Stat. 3169; Pub. L. 116–159, div. E, title II, §5201, Oct. 1, 2020, 134 Stat. 749; Pub. L. 117–180, div. E, title II, §205, Sept. 30, 2022, 136 Stat. 2138; Pub. L. 118–83, div. B, title III, §322, Sept. 26, 2024, 138 Stat. 1540.)

Editorial Notes

Amendments

2024—Subsec. (g). Pub. L. 118–83 substituted "September 30, 2025" for "September 30, 2024".

2022—Subsec. (g). Pub. L. 117–180 substituted "September 30, 2024" for "September 30, 2022".

2020—Subsec. (g). Pub. L. 116–159 substituted "September 30, 2022" for "September 30, 2020".

2018—Subsec. (g). Pub. L. 115–251 substituted "September 30, 2020" for "September 30, 2018".

2017—Subsec. (g). Pub. L. 115–62 substituted "September 30, 2018" for "September 30, 2017".

2016—Subsec. (g). Pub. L. 114–228 substituted "September 30, 2017" for "September 30, 2016".
38 U.S.C. § 4105 (2024) — Title 38: VETERANS' BENEFITS / Chapter 41 / Section 4105: Cooperation of Federal agencies
Cooperation of Federal agencies
Status: in_force

(a) All Federal agencies shall furnish the Secretary such records, statistics, or information as the Secretary may deem necessary or appropriate in administering the provisions of this chapter, and shall otherwise cooperate with the Secretary in providing continuous employment and training opportunities for eligible veterans and eligible persons.

(b) For the purpose of assisting the Secretary and the Secretary of Veterans Affairs in identifying employers with potential job training opportunities under the Veterans' Job Training Act (Public Law 98–77; 29 U.S.C. 1721 note) 1 and otherwise in order to carry out this chapter, the Secretary of Defense shall, on the 15th day of each month, provide the Secretary and the Secretary of Veterans Affairs with updated information regarding any list maintained by the Secretary of Defense of employers participating in the National Committee for Employer Support of the Guard and Reserve.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1219, §2014; renumbered §2005 and amended Pub. L. 87–675, §1(a), (c), Sept. 19, 1962, 76 Stat. 558, 559; Pub. L. 92–540, title V, §502(a), Oct. 24, 1972, 86 Stat. 1095; Pub. L. 93–508, title IV, §401(d), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 94–502, title VI, §606(3), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 100–323, §§6(a), 15(a)(2), May 20, 1988, 102 Stat. 564, 574; Pub. L. 101–237, title IV, §423(b)(8)(A), Dec. 18, 1989, 103 Stat. 2093; renumbered §4105, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 109–233, title V, §503(12), June 15, 2006, 120 Stat. 417.)

Editorial Notes

References in Text

The Veterans' Job Training Act, referred to in subsec. (b), is Pub. L. 98–77, Aug. 15, 1983, 97 Stat. 443, which is set out as a note under section 3171 of Title 29, Labor. For complete classification of this Act to the Code, see Tables.

Prior Provisions

Prior section 4105, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1244; Pub. L. 87–574, §4(1), Aug. 6, 1962, 76 Stat. 308; Pub. L. 89–785, title I, §105, Nov. 7, 1966, 80 Stat. 1369; Pub. L. 94–123, §5(b), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94–581, title I, §110(4), title II, §§205(e), 209(a)(1), (2), (4), (c)(2), Oct. 21, 1976, 90 Stat. 2848, 2859, 2860, 2861; Pub. L. 95–201, §4(a)(1), Nov. 23, 1977, 91 Stat. 1430; Pub. L. 96–151, title III, §302(b), Dec. 20, 1979, 93 Stat. 1096; Pub. L. 97–295, §4(81), Oct. 12, 1982, 96 Stat. 1311; Pub. L. 98–160, title II, §202, Nov. 21, 1983, 97 Stat. 1000, related to qualifications of appointees to positions in Department of Medicine and Surgery, prior to repeal by Pub. L. 102–40, title IV, §401(a)(3), May 7, 1991, 105 Stat. 210. See section 7402 of this title.

Provisions similar to those comprising this section were contained in former section 2004 of this title prior to the amendment of this chapter by Pub. L. 92–540.

Amendments

2006—Subsec. (b). Pub. L. 109–233 substituted "shall, on the 15th day of each month, provide the Secretary and the Secretary of Veterans Affairs with updated information regarding" for "shall provide, not more than 30 days after the date of the enactment of this subsection, the Secretary and the Secretary of Veterans Affairs with" and struck out before period at end "and shall provide, on the 15th day of each month thereafter, updated information regarding the list".

1991—Pub. L. 102–83 renumbered section 2005 of this title as this section.

1989—Subsec. (b). Pub. L. 101–237 substituted "Secretary of Veterans Affairs" for "Administrator" wherever appearing.

1988—Subsec. (a). Pub. L. 100–323, §15(a)(2), struck out "of Labor" after "furnish the Secretary".

Pub. L. 100–323, §6(a)(1), designated existing provisions as subsec. (a).

Subsec. (b). Pub. L. 100–323, §6(a)(2), added subsec. (b).

1976—Pub. L. 94–502 substituted "the Secretary may deem" for "he may deem".

1974—Pub. L. 93–508 substituted "eligible veterans and eligible persons" for "eligible veterans".

1972—Pub. L. 92–540 substituted provisions relating to the cooperation of other Federal agencies for provisions relating to the estimation of funds for administration. See section 2006 of this title.

1962—Pub. L. 87–675 substituted "chapter" for "subchapter" after "administration of this".

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Amendment by section 6(a) of Pub. L. 100–323 effective on 60th day after May 20, 1988, and amendment by section 15(a)(2) of Pub. L. 100–323 effective May 20, 1988, see section 16(a), (b)(2) of Pub. L. 100–323, set out as a note under section 3104 of this title.

Effective Date of 1976 Amendment

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

Effective Date of 1974 Amendment

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

Effective Date of 1972 Amendment

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

1 See References in Text note below.
38 U.S.C. § 1703D (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter I / Section 1703D: Prompt payment standard
Prompt payment standard
Status: in_force

(a) In General.—(1) Notwithstanding any other provision of this title or of any other provision of law, the Secretary shall pay for hospital care, medical services, or extended care services furnished by health care entities or providers under this chapter within 45 calendar days upon receipt of a clean paper claim or 30 calendar days upon receipt of a clean electronic claim.

(2) If a claim is denied, the Secretary shall, within 45 calendar days of denial for a paper claim and 30 calendar days of denial for an electronic claim, notify the health care entity or provider of the reason for denying the claim and what, if any, additional information is required to process the claim.

(3) Upon the receipt of the additional information, the Secretary shall ensure that the claim is paid, denied, or otherwise adjudicated within 30 calendar days from the receipt of the requested information.

(4) This section shall only apply to payments made on an invoice basis and shall not apply to capitation or other forms of periodic payment to entities or providers.

(b) Submittal of Claims by Health Care Entities and Providers.—A health care entity or provider that furnishes hospital care, a medical service, or an extended care service under this chapter shall submit to the Secretary a claim for payment for furnishing the hospital care, medical service, or extended care service not later than 180 days after the date on which the entity or provider furnished the hospital care, medical service, or extended care service.

(c) Fraudulent Claims.—(1) Sections 3729 through 3733 of title 31 shall apply to fraudulent claims for payment submitted to the Secretary by a health care entity or provider under this chapter.

(2) Pursuant to regulations prescribed by the Secretary, the Secretary shall bar a health care entity or provider from furnishing hospital care, medical services, and extended care services under this chapter when the Secretary determines the entity or provider has submitted to the Secretary fraudulent health care claims for payment by the Secretary.

(d) Overdue Claims.—(1) Any claim that has not been denied with notice, made pending with notice, or paid to the health care entity or provider by the Secretary shall be overdue if the notice or payment is not received by the entity provider within the time periods specified in subsection (a).

(2)(A) If a claim is overdue under this subsection, the Secretary may, under the requirements established by subsection (a) and consistent with the provisions of chapter 39 of title 31 (commonly referred to as the "Prompt Payment Act"), require that interest be paid on clean claims.

(B) Interest paid under subparagraph (A) shall be computed at the rate of interest established by the Secretary of the Treasury under section 3902 of title 31 and published in the Federal Register.

(3) Not less frequently than annually, the Secretary shall submit to Congress a report on payment of overdue claims under this subsection, disaggregated by paper and electronic claims, that includes the following:

(A) The amount paid in overdue claims described in this subsection, disaggregated by the amount of the overdue claim and the amount of interest paid on such overdue claim.

(B) The number of such overdue claims and the average number of days late each claim was paid, disaggregated by facility of the Department and Veterans Integrated Service Network region.

(e) Overpayment.—(1) The Secretary may deduct the amount of any overpayment from payments due a health care entity or provider under this chapter and may use any other means authorized by another provision of law to correct or recover overpayments.

(2) Deductions may not be made under this subsection unless the Secretary has made reasonable efforts to notify a health care entity or provider of the right to dispute the existence or amount of such indebtedness and the right to request a compromise of such indebtedness.

(3) The Secretary shall make a determination with respect to any such dispute or request prior to deducting any overpayment unless the time required to make such a determination before making any deductions would jeopardize the Secretary's ability to recover the full amount of such indebtedness.

(f) Information and Documentation Required.—(1) The Secretary shall provide to all health care entities and providers participating in a program to furnish hospital care, medical services, or extended care services under this chapter a list of information and documentation that is required to establish a clean claim under this section.

(2) The Secretary shall consult with entities in the health care industry, in the public and private sector, to determine the information and documentation to include in the list under paragraph (1).

(3) If the Secretary modifies the information and documentation included in the list under paragraph (1), the Secretary shall notify all health care entities and providers described in paragraph (1) not later than 30 days before such modifications take effect.

(g) Processing of Claims.—(1) In processing a claim for compensation for hospital care, medical services, or extended care services furnished by a non-Department health care entity or provider under this chapter, the Secretary may act through—

(A) a non-Department entity that is under contract or agreement for the program established under section 1703(a) of this title; or

(B) a non-Department entity that specializes in such processing for other Federal agency health care systems.

(2) The Secretary shall seek to contract with a third party to conduct a review of claims described in paragraph (3) that includes—

(A) a feasibility assessment to determine the capacity of the Department to process such claims in a timely manner; and

(B) a cost benefit analysis comparing the capacity of the Department to a third party entity capable of processing such claims.

(3) The review required under paragraph (2) shall apply to claims for hospital care, medical services, or extended care services furnished under section 1703 of this title that are processed by the Department.

(h) Report on Encounter Data System.—(1) Not later than 90 days after the date of the enactment of the Caring for Our Veterans Act of 2018, the Secretary shall submit to the appropriate committees of Congress a report on the feasibility and advisability of adopting a funding mechanism similar to what is utilized by other Federal agencies to allow a contracted entity to act as a fiscal intermediary for the Federal Government to distribute, or pass through, Federal Government funds for certain non-underwritten hospital care, medical services, or extended care services.

(2) The Secretary may coordinate with the Department of Defense, the Department of Health and Human Services, and the Department of the Treasury in developing the report required by paragraph (1).

(i) Definitions.—In this section:

(1) The term "appropriate committees of Congress" means—

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

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

(2) The term "clean electronic claim" means the transmission of data for purposes of payment of covered health care expenses that is submitted to the Secretary which contains substantially all of the required data elements necessary for accurate adjudication, without obtaining additional information from the entity or provider that furnished the care or service, submitted in such format as prescribed by the Secretary in regulations for the purpose of paying claims for care or services.

(3) The term "clean paper claim" means a paper claim for payment of covered health care expenses that is submitted to the Secretary which contains substantially all of the required data elements necessary for accurate adjudication, without obtaining additional information from the entity or provider that furnished the care or service, submitted in such format as prescribed by the Secretary in regulations for the purpose of paying claims for care or services.

(4) The term "fraudulent claims" means the knowing misrepresentation of a material fact or facts by a health care entity or provider made to induce the Secretary to pay a claim that was not legally payable to that provider.

(5) The term "health care entity or provider" includes any non-Department health care entity or provider, but does not include any Federal health care entity or provider.

(Added Pub. L. 115–182, title I, §111(a), June 6, 2018, 132 Stat. 1418; amended Pub. L. 115–251, title II, §§204, 211(a)(5), Sept. 29, 2018, 132 Stat. 3172, 3175.)

Editorial Notes

References in Text

The date of the enactment of the Caring for Our Veterans Act of 2018, referred to in subsec. (h), is the date of enactment of Pub. L. 115–182, which was approved June 6, 2018.

Amendments

2018—Subsec. (e)(1). Pub. L. 115–251, §204, substituted "may deduct" for "shall deduct" and inserted before period at end "and may use any other means authorized by another provision of law to correct or recover overpayments".

Subsec. (g)(3). Pub. L. 115–251, §211(a)(5), substituted "of this title" for "of this Act, as amended by the Caring for Our Veterans Act of 2018,".

Statutory Notes and Related Subsidiaries

Processing of Claims for Reimbursement Through Electronic Interface

Pub. L. 115–182, title I, §114, June 6, 2018, 132 Stat. 1423, provided that: "The Secretary of Veterans Affairs may enter into an agreement with a third-party entity to process, through the use of an electronic interface, claims for reimbursement for health care provided under the laws administered by the Secretary."
38 U.S.C. § 532 (2024) — Title 38: VETERANS' BENEFITS / Chapter 5 / Subchapter II / Section 532: Authority to advertise in national media; VetStar Award Program
Authority to advertise in national media; VetStar Award Program
Status: in_force

(a) Advertising in National Media.—The Secretary may purchase advertising in national media outlets for the purpose of promoting awareness of benefits under laws administered by the Secretary, including promoting awareness of assistance provided by the Secretary, including assistance for programs to assist homeless veterans, to promote veteran-owned small businesses, and to provide opportunities for employment in the Department of Veterans Affairs and for education, training, compensation, pension, vocational rehabilitation, and healthcare benefits, and mental healthcare (including the prevention of suicide among veterans).

(b) VetStar Award Program.—(1) The Secretary shall establish an award program, to be known as the "VetStar Award Program", to recognize annually businesses for their contributions to veterans' employment.

(2) The Secretary shall establish a process for the administration of the award program, including criteria for—

(A) categories and sectors of businesses eligible for recognition each year; and

(B) objective measures to be used in selecting businesses to receive the award.

(Added Pub. L. 110–389, title VIII, §809(a), Oct. 10, 2008, 122 Stat. 4189; amended Pub. L. 112–154, title VII, §709(a), (b)(1), Aug. 6, 2012, 126 Stat. 1207.)

Editorial Notes

Amendments

2012—Pub. L. 112–154 inserted "; VetStar Award Program" after "national media" in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
38 U.S.C. § 1542 (2024) — Title 38: VETERANS' BENEFITS / Chapter 15 / Subchapter III / Section 1542: Children of veterans of a period of war
Children of veterans of a period of war
Status: in_force

The Secretary shall pay to each child (1) who is the child of a deceased veteran of a period of war who met the service requirements prescribed in section 1521(j) of this title, or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, and (2) who is not in the custody of a surviving spouse eligible for pension under section 1541 of this title, pension at the annual rate of $2,020, as increased from time to time under section 5312 of this title and reduced by the amount of such child's annual income; or, if such child is residing with a person who is legally responsible for such child's support, at an annual rate equal to the amount by which the appropriate annual rate provided under section 1541(c) of this title exceeds the sum of the annual income of such child and such person, but in no event may such annual rate of pension exceed the amount by which $2,020, as increased from time to time under section 5312 of this title, exceeds the annual income of such child. The appropriate annual rate under such section 1541(c) for the purposes of the preceding sentence shall be determined in accordance with regulations which the Secretary shall prescribe.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, §542; Pub. L. 86–211, §4, Aug. 29, 1959, 73 Stat. 435; Pub. L. 88–664, §4, Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90–77, title I, §107, title II, §202(g), (h), Aug. 31, 1967, 81 Stat. 180, 182; Pub. L. 91–588, §§3(c), 9(e), Dec. 24, 1970, 84 Stat. 1583, 1585; Pub. L. 92–198, §1(f), Dec. 15, 1971, 85 Stat. 664; Pub. L. 93–177, §3, Dec. 6, 1973, 87 Stat. 695; Pub. L. 93–527, §4, Dec. 21, 1974, 88 Stat. 1703; Pub. L. 94–169, title I, §§101(2)(D), 104, Dec. 23, 1975, 89 Stat. 1014, 1016; Pub. L. 94–432, title II, §204, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95–204, title I, §103, Dec. 2, 1977, 91 Stat. 1457; Pub. L. 95–588, title I, §110(a), Nov. 4, 1978, 92 Stat. 2504; Pub. L. 102–40, title IV, §402(d)(1), May 7, 1991, 105 Stat. 239; renumbered §1542 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 111–275, title VI, §608(c), Oct. 13, 2010, 124 Stat. 2887.)

Editorial Notes

Amendments

2010—Pub. L. 111–275 substituted "$2,020" for "$600" in two places.

1991—Pub. L. 102–83, §5(a), renumbered section 542 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted "1521(j)" for "521(j)", "1541" for "541", and "1541(c)" for "541(c)" in two places.

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

Pub. L. 102–40 substituted "5312" for "3112" in two places.

1978—Pub. L. 95–588 amended section generally to speak in terms of children of veterans of any period of war rather than children of veterans of specifically named conflicts, restructured section to eliminate subsection designations, struck out provision formerly comprising subsec. (b) of this section which related to payment of pensions to recipient children in equal shares, and inserted reference to periodic pension increases pursuant to section 3112 of this title.

1977—Subsec. (a). Pub. L. 95–204, §103(1), substituted "$61" and "$26" for "$57" and "$24", respectively.

Subsec. (c). Pub. L. 95–204, §103(2), substituted "$3,080" for "$2,890".

1976—Subsec. (a). Pub. L. 94–432, §204(1), substituted "$57" and "$24" for "$53" and "$22", respectively.

Subsec. (c). Pub. L. 94–432, §204(2), substituted "$2,890" for "$2,700".

1975—Subsec. (a). Pub. L. 94–169, §§101(2)(D), 104(1), substituted "surviving spouse" for "widow", struck out "his" before "death," and, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, substituted "$53" for "$49" and "$22" for "$20".

Subsec. (c). Pub. L. 94–169, §104, substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "$2700" for "$2400".

1974—Subsec. (a). Pub. L. 93–527, §4(1), substituted "$49" and "$20" for "$44" and "$18", respectively.

Subsec. (c). Pub. L. 93–527, §4(2), substituted "$2,400" for "$2,000".

1973—Subsec. (a). Pub. L. 93–177 substituted "$44" for "$42" and "$18" for "$17".

1971—Subsec. (a). Pub. L. 92–198 substituted "$42" and "$17" for "$40" and "$16", respectively.

1970—Pub. L. 91–588, §9(e)(2), inserted reference to Mexican border period in section catchline.

Subsec. (a). Pub. L. 91–588, §9(e)(1), inserted reference to Mexican border period.

Subsec. (c). Pub. L. 91–588, §3(c), substituted "$2,000" for "$1,800".

1967—Pub. L. 90–77, §202(h), inserted reference to Vietnam era in section catchline.

Subsec. (a). Pub. L. 90–77, §§107, 202(g), substituted "$40" and "$16" for "$38" and "$15" and included reference to Vietnam era, respectively.

1964—Subsec. (a). Pub. L. 88–664 increased monthly pension for one child from $35 to $38.

1959—Pub. L. 86–211 included children of World War II and Korean conflict veterans in section catchline.

Subsec. (a). Pub. L. 86–211 included children of World War II and Korean conflict veterans, and substituted provisions authorizing the payment of a monthly pension of $35 for one child with $15 for each additional child for provisions which authorized the payment of $27.30 for one child, $40.95 for two children, $54.60 for three children and $7.56 for each additional child.

Subsec. (c). Pub. L. 86–211 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–275 applicable with respect to pensions paid on or after Dec. 1, 2009, see section 608(d) of Pub. L. 111–275, set out as a note under section 1521 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–588 effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–204 effective Jan. 1, 1978, see section 302 of Pub. L. 95–204, set out as a note under section 1122 of this title.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–432 effective Jan. 1, 1977, see section 405(b) of Pub. L. 94–432, set out as a note under section 1521 of this title.

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, §101, Dec. 23, 1975, 89 Stat. 1013, provided that the amendment made by that section is effective Jan. 1, 1976.

Pub. L. 94–169, title I, §104, Dec. 23, 1975, 89 Stat. 1016, as amended by Pub. L. 94–432, title I, §101, Sept. 30, 1976, 90 Stat. 1369, eff. Sept. 30, 1976, provided that the amendment made by that section is effective Jan. 1, 1976.

Effective Date of 1974 Amendment

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

Effective Date of 1973 Amendment

Amendment by Pub. L. 93–177 effective Jan. 1, 1974, see section 8 of Pub. L. 93–177, set out as a note under section 1521 of this title.

Effective Date of 1971 Amendment

Amendment by Pub. L. 92–198 effective Jan. 1, 1972, see section 6 of Pub. L. 92–198, set out as a note under section 1521 of this title.

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.

Effective Date of 1964 Amendment

Amendment by Pub. L. 88–664 effective Jan. 1, 1965, see section 11 of Pub. L. 88–664, set out as a note under section 1503 of this title.

Effective Date of 1959 Amendment

Amendment by Pub. L. 86–211 effective July 1, 1960, see section 10 of Pub. L. 86–211, set out as a note under section 1521 of this title.
38 U.S.C. § 8106 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter I / Section 8106: Construction contracts
Construction contracts
Status: in_force

(a) The Secretary may carry out any construction or alteration authorized under this subchapter by contract if the Secretary considers it to be advantageous to the United States to do so.

(b)(1) The Secretary may obtain, by contract or otherwise, the services of individuals who are architects or engineers and of architectural and engineering corporations and firms, to the extent that the Secretary may require such services for any medical facility authorized to be constructed or altered under this subchapter.

(2) No corporation, firm, or individual may be employed under the authority of paragraph (1) of this subsection on a permanent basis.

(c) Notwithstanding any other provision of this section, the Secretary shall be responsible for all construction authorized under this subchapter, including the interpretation of construction contracts, the approval of materials and workmanship supplied pursuant to a construction contract, approval of changes in the construction contract, certification of vouchers for payments due the contractor, and final settlement of the contract.

(Added Pub. L. 96–22, title III, §301(a), June 13, 1979, 93 Stat. 58, §5006; renumbered §8106, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 5006 of this title as this section.

Pub. L. 102–83 substituted "Secretary" for "Administrator" wherever appearing.

Statutory Notes and Related Subsidiaries

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.
38 U.S.C. § 7622 (2024) — Title 38: VETERANS' BENEFITS / Chapter 76 / Subchapter III / Section 7622: Eligibility; application; agreement
Eligibility; application; agreement
Status: in_force

(a) To be eligible to participate in the Tuition Reimbursement Program, an individual must be a full-time employee in the Department permanently assigned to a Department health-care facility and must be enrolled in a course of training offered by an institution approved by the Secretary leading toward completion of (1) an associate or higher degree in nursing, or (2) a masters degree or doctoral degree in nursing.

(b) In selecting applicants for acceptance in the Tuition Reimbursement Program, the Secretary (in addition to according priorities as set forth in section 7603(d) of this title) shall give special consideration and emphasis to individuals pursuing a course of study which will expedite an increase in the number of registered nurses employed by the Department. The Secretary shall then give priority, in the following order, to—

(1) individuals who have been employed as full-time employees in the Nursing Service in the Veterans Health Administration; and

(2) individuals who have previously received tuition reimbursement under the Tuition Reimbursement Program.

(c) An agreement between the Secretary and a participant in the Tuition Reimbursement Program shall (in addition to the requirements set forth in section 7604 of this title) contain the following:

(1) The Secretary's agreement to provide the participant with tuition reimbursement following successful completion (as determined, pursuant to regulations prescribed by the Secretary, by the educational institution involved) of (A) a course or courses required for the course of study described in subsection (a) of this section, or (B) a course or courses taken as necessary prerequisites for degree program enrollment if a letter regarding the potential enrollment of the participant from an appropriate official of the institution involved includes a statement specifying such prerequisites.

(2) The participant's agreement—

(A) to maintain employment, while enrolled in the course of training being pursued by such participant, as a full-time Department employee in the Veterans Health Administration permanently assigned to a Department health-care facility; and

(B) to continue to serve as a full-time employee in the Veterans Health Administration for one year (hereinafter in this subchapter referred to as the "period of obligated service") after completion of the course for which the participant received tuition reimbursement.

(d) Tuition reimbursement provided to a participant in the Tuition Reimbursement Program may not exceed $2,000 per year (adjusted in accordance with section 7631 of this title).

(e) The Secretary may arrange with an educational institution pursuant to which such an institution would provide a course or courses at a Department health-care facility to participants in the Tuition Reimbursement Program. Under such an arrangement, the Secretary may agree to pay to the institution an amount not in excess of an amount determined by multiplying the number of participants in such a course by the amount of tuition reimbursement each participant would receive for enrolling and successfully completing such course.

(Added Pub. L. 100–322, title II, §216(b), May 20, 1988, 102 Stat. 525, §4322; renumbered §7622 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, §14(e)(9), June 13, 1991, 105 Stat. 287; Pub. L. 102–83, §4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103–446, title XII, §1201(b), Nov. 2, 1994, 108 Stat. 4682.)

Editorial Notes

Amendments

1994—Subsecs. (b)(1), (c)(2)(A). Pub. L. 103–446, §1201(b)(1), substituted "Veterans Health Administration" for "Department of Medicine and Surgery".

Subsec. (c)(2)(B). Pub. L. 103–446, §1201(b)(2), substituted "the Veterans Health Administration" for "such Department".

1991—Pub. L. 102–40, §402(b)(1), renumbered section 4322 of this title as this section.

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

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

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

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

Pub. L. 102–40, §402(d)(1), substituted "7603(d)" for "4303(d)".

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

Pub. L. 102–40, §402(d)(1), substituted "7604" for "4304" in introductory provisions.

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration" in two places in par. (2)(A).

Subsec. (d). Pub. L. 102–54 amended subsec. (d) as in effect immediately before the enactment of Pub. L. 102–40 by inserting an open parenthesis before "adjusted in".

Pub. L. 102–40, §402(d)(1), substituted "7631" for "4331".

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

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".
38 U.S.C. § 7327 (2024) — Title 38: VETERANS' BENEFITS / Chapter 73 / Subchapter II / Section 7327: Centers for research, education, and clinical activities on complex multi-trauma associated with combat injuries
Centers for research, education, and clinical activities on complex multi-trauma associated with combat injuries
Status: in_force

(a) Purpose.—The purpose of this section is to provide for the improvement of the provision of health care services and related rehabilitation and education services to eligible veterans suffering from complex multi-trauma associated with combat injuries through—

(1) the development of improved models and systems for the furnishing by the Department of health care, rehabilitation, and education services to veterans;

(2) the conduct of research to support the provision of such services in accordance with the most current evidence on multi-trauma injuries; and

(3) the education and training of health care personnel of the Department with respect to the provision of such services.

(b) Designation of Centers.—(1) The Secretary shall designate an appropriate number of cooperative centers for clinical care, consultation, research, and education activities on combat injuries.

(2) Each center designated under paragraph (1) shall function as a center for—

(A) research on the long-term effects of injuries sustained as a result of combat in order to support the provision of services for such injuries in accordance with the most current evidence on complex multi-trauma;

(B) the development of rehabilitation methodologies for treating individuals with complex multi-trauma; and

(C) the continuous and consistent coordination of care from the point of referral throughout the rehabilitation process and ongoing follow-up after return to home and community.

(3) The Secretary shall designate one of the centers designated under paragraph (1) as the lead center for activities referred to in that paragraph. As the lead center for such activities, such center shall—

(A) develop and provide periodic review of research priorities, and implement protocols, to ensure that projects contribute to the activities of the centers designated under paragraph (1);

(B) oversee the coordination of the professional and technical activities of such centers to ensure the quality and validity of the methodologies and statistical services for research project leaders;

(C) develop and ensure the deployment of an efficient and cost-effective data management system for such centers;

(D) develop and distribute educational materials and products to enhance the evaluation and care of individuals with combat injuries by medical care providers of the Department who are not specialized in the assessment and care of complex multi-trauma;

(E) develop educational materials for individuals suffering from combat injuries and for their families; and

(F) serve as a resource for the clinical and research infrastructure of such centers by disseminating clinical outcomes and research findings to improve clinical practice.

(4) The Secretary shall designate centers under paragraph (1) upon the recommendation of the Under Secretary for Health.

(5) The Secretary may designate a center under paragraph (1) only if the center meets the requirements of subsection (c).

(c) Requirements for Centers.—To be designated as a center under this section, a facility shall—

(1) be a regional lead center for the care of traumatic brain injury;

(2) be located at a tertiary care medical center and have on-site availability of primary and subspecialty medical services relating to complex multi-trauma;

(3) have, or have the capacity to develop, the capability of managing impairments associated with combat injuries;

(4) be affiliated with a school of medicine;

(5) have, or have experience with, participation in clinical research trials;

(6) provide amputation care and rehabilitation;

(7) have pain management programs;

(8) provide comprehensive brain injury rehabilitation; and

(9) provide comprehensive general rehabilitation.

(d) Additional Resources.—The Secretary shall provide each center designated under this section such resources as the Secretary determines to be required by such center to achieve adequate capability of managing individuals with complex multi-trauma, including—

(1) the upgrading of blind rehabilitation services by employing or securing the services of blind rehabilitation specialists;

(2) employing or securing the services of occupational therapists with blind rehabilitation training;

(3) employing or securing the services of additional mental health services providers; and

(4) employing or securing additional rehabilitation nursing staff to meet care needs.

(e) Cooperation With Department of Defense.—(1) The Secretary of Veterans Affairs may assist the Secretary of Defense in the care of members of the Armed Forces with complex multi-trauma at military treatment facilities by—

(A) making available, in a manner that the Secretary of Veterans Affairs considers appropriate, certified rehabilitation registered nurses of the Department of Veterans Affairs to such facilities to assess and coordinate the care of such members; and

(B) making available, in a manner that the Secretary of Veterans Affairs considers appropriate, blind rehabilitation specialists of the Department of Veterans Affairs to such facilities to consult with the medical staff of such facilities on the special needs of such members who have visual impairment as a consequence of combat injury.

(2) Assistance shall be provided under this subsection through agreements for the sharing of health-care resources under section 8111 of this title.

(f) Award of Funding.—Centers designated under this section may compete for the award of funding from amounts appropriated for the Department for medical and prosthetics research.

(g) Dissemination of Information.—(1) The Under Secretary for Health shall ensure that information produced by the centers designated under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Administration.

(2) Information shall be disseminated under this subsection through publications, through programs of continuing medical and related education provided through regional medical education centers under subchapter VI of chapter 74 of this title, and through other means.

(h) National Oversight.—The Under Secretary for Health shall designate an appropriate officer to oversee the operation of the centers designated under this section and provide for periodic evaluation of the centers.

(i) Authorization of Appropriations.—(1) There are authorized to be appropriated to the Department of Veterans Affairs for the centers designated under this section amounts as follows:

(A) $7,000,000 for fiscal year 2005.

(B) $8,000,000 for each of fiscal years 2006 through 2008.

(2) In addition to amounts authorized to be appropriated by paragraph (1) for a fiscal year, the Under Secretary for Health may allocate to each center designated under this section, from other funds authorized to be appropriated for such fiscal year for the Department generally for medical and for medical and prosthetic research, such amounts as the Under Secretary for Health determines appropriate to carry out the purposes of this section.

(Added Pub. L. 108–422, title III, §302(a)(1), Nov. 30, 2004, 118 Stat. 2383.)

Statutory Notes and Related Subsidiaries

Center of Excellence in the Mitigation, Treatment, and Rehabilitation of Traumatic Extremity Injuries and Amputations

Pub. L. 110–417, [div. A], title VII, §723, Oct. 14, 2008, 122 Stat. 4508, as amended by Pub. L. 114–92, div. A, title X, §1079(d)(2), Nov. 25, 2015, 129 Stat. 999, provided that:

"(a) In General.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly establish a center of excellence in the mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations.

"(b) Partnerships.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly ensure that the center collaborates with the Department of Defense, the Department of Veterans Affairs, institutions of higher education, and other appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (c).

"(c) Responsibilities.—The center shall have the responsibilities as follows:

"(1) To implement a comprehensive plan and strategy for the Department of Defense and the Department of Veterans Affairs for the mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations.

"(2) To conduct research to develop scientific information aimed at saving injured extremities, avoiding amputations, and preserving and restoring the function of injured extremities. Such research shall address military medical needs and include the full range of scientific inquiry encompassing basic, translational, and clinical research.

"(3) To carry out such other activities to improve and enhance the efforts of the Department of Defense and the Department of Veterans Affairs for the mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations as the Secretary of Defense and the Secretary of Veterans Affairs consider appropriate."

Designation of Centers

Pub. L. 108–422, title III, §302(b), Nov. 30, 2004, 118 Stat. 2385, required the Secretary of Veterans Affairs to designate the centers required by this section not later than 120 days after Nov. 30, 2004.
38 U.S.C. § 1314 (2024) — Title 38: VETERANS' BENEFITS / Chapter 13 / Subchapter II / Section 1314: Supplemental dependency and indemnity compensation to children
Supplemental dependency and indemnity compensation to children
Status: in_force

(a) In the case of a child entitled to dependency and indemnity compensation who has attained the age of eighteen and who, while under such age, became permanently incapable of self-support, the dependency and indemnity compensation paid monthly to such child shall be increased by $286.

(b) If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such person's deceased spouse) who has attained the age of eighteen and who, while under such age, became permanently incapable of self-support, dependency and indemnity compensation shall be paid monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the surviving spouse, in the amount of $488.

(c) If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such person's deceased spouse), who has attained the age of eighteen and who, while under the age of twenty-three, is pursuing a course of instruction at an educational institution approved under section 104 of this title, dependency and indemnity compensation shall be paid monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the surviving spouse, in the amount of $243.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1128, §414; Pub. L. 88–21, §3, May 15, 1963, 77 Stat. 17; Pub. L. 89–311, §2(c)(2), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 89–730, §5, Nov. 2, 1966, 80 Stat. 1159; Pub. L. 91–262, §3, May 21, 1970, 84 Stat. 256; Pub. L. 92–197, §3, Dec. 15, 1971, 85 Stat. 661; Pub. L. 93–295, title II, §203, May 31, 1974, 88 Stat. 183; Pub. L. 94–71, title II, §203, Aug. 5, 1975, 89 Stat. 397; Pub. L. 94–433, title II, §203, title IV, §405(10), Sept. 30, 1976, 90 Stat. 1376, 1380; Pub. L. 95–117, title II, §203, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95–479, title II, §203, Oct. 18, 1978, 92 Stat. 1563; Pub. L. 96–128, title II, §203, Nov. 28, 1979, 93 Stat. 985; Pub. L. 96–385, title II, §203, Oct. 7, 1980, 94 Stat. 1530; Pub. L. 97–66, title II, §203, Oct. 17, 1981, 95 Stat. 1029; Pub. L. 97–253, title IV, §405(g), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97–306, title I, §§106, 107, Oct. 14, 1982, 96 Stat. 1431; Pub. L. 98–223, title I, §106, Mar. 2, 1984, 98 Stat. 39; Pub. L. 98–543, title I, §106, Oct. 24, 1984, 98 Stat. 2737; Pub. L. 99–238, title I, §106, Jan. 13, 1986, 99 Stat. 1767; Pub. L. 99–576, title I, §106, Oct. 28, 1986, 100 Stat. 3252; Pub. L. 100–227, title I, §106, Dec. 31, 1987, 101 Stat. 1555; Pub. L. 100–687, div. B, title XI, §1105(b), Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101–237, title I, §105(b), Dec. 18, 1989, 103 Stat. 2064; Pub. L. 102–3, §6(b), Feb. 6, 1991, 105 Stat. 9; renumbered §1314, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–152, §6(b), Nov. 12, 1991, 105 Stat. 987; Pub. L. 103–78, §5(b), Aug. 13, 1993, 107 Stat. 769; Pub. L. 103–140, §6(b), Nov. 11, 1993, 107 Stat. 1487; Pub. L. 105–98, §6(b), Nov. 19, 1997, 111 Stat. 2157; Pub. L. 106–118, §6(b), Nov. 30, 1999, 113 Stat. 1603; Pub. L. 107–94, §6(b), Dec. 21, 2001, 115 Stat. 902; Pub. L. 107–330, title III, §309(e)(2), Dec. 6, 2002, 116 Stat. 2831; Pub. L. 108–454, title III, §307(e)(2), Dec. 10, 2004, 118 Stat. 3614; Pub. L. 109–111, §2(e)(2), Nov. 22, 2005, 119 Stat. 2364; Pub. L. 109–444, §9(e)(2), Dec. 21, 2006, 120 Stat. 3315; Pub. L. 109–461, title X, §§1005(e)(2), 1006(b), Dec. 22, 2006, 120 Stat. 3468; Pub. L. 110–324, §3(e)(2), Sept. 24, 2008, 122 Stat. 3552; Pub. L. 111–37, §3(e)(2), June 30, 2009, 123 Stat. 1930.)

Disability Compensation and Dependency and Indemnity Compensation Rate Increases

For increases in rates of Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under section 1114 of this title.

Editorial Notes

Amendments

2009—Subsec. (a). Pub. L. 111–37, §3(e)(2)(A), substituted "$286" for "$271".

Subsec. (b). Pub. L. 111–37, §3(e)(2)(B), substituted "$488" for "$462".

Subsec. (c). Pub. L. 111–37, §3(e)(2)(C), substituted "$243" for "$230".

2008—Subsec. (a). Pub. L. 110–324, §3(e)(2)(A), substituted "$271" for "$265".

Subsec. (b). Pub. L. 110–324, §3(e)(2)(B), substituted "$462" for "$452".

Subsec. (c). Pub. L. 110–324, §3(e)(2)(C), substituted "$230" for "$225".

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

Subsec. (a). Pub. L. 109–461, §1005(e)(2)(A), substituted "$265" for "$257".

Pub. L. 109–444, §9(e)(2)(A), which substituted "$265" for "$257", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (b). Pub. L. 109–461, §1005(e)(2)(B), substituted "$452" for "$438".

Pub. L. 109–444, §9(e)(2)(B), which substituted "$452" for "$438", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (c). Pub. L. 109–461, §1005(e)(2)(C), substituted "$225" for "$218".

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

2005—Subsec. (a). Pub. L. 109–111, §2(e)(2)(A), substituted "$257" for "$241".

Subsec. (b). Pub. L. 109–111, §2(e)(2)(B), substituted "$438" for "$410".

Subsec. (c). Pub. L. 109–111, §2(e)(2)(C), substituted "$218" for "$205".

2004—Subsec. (a). Pub. L. 108–454, §307(e)(2)(A), substituted "$241" for "$237".

Subsec. (b). Pub. L. 108–454, §307(e)(2)(B), substituted "$410" for "$402".

Subsec. (c). Pub. L. 108–454, §307(e)(2)(C), substituted "$205" for "$201".

2002—Subsec. (a). Pub. L. 107–330, §309(e)(2)(A), substituted "$237" for "$234".

Subsec. (b). Pub. L. 107–330, §309(e)(2)(B), substituted "$402" for "$397".

Subsec. (c). Pub. L. 107–330, §309(e)(2)(C), substituted "$201" for "$199".

2001—Subsec. (a). Pub. L. 107–94, §6(b)(1), substituted "$234" for "$222".

Subsec. (b). Pub. L. 107–94, §6(b)(2), substituted "$397" for "$373".

Subsec. (c). Pub. L. 107–94, §6(b)(3), substituted "$199" for "$188".

1999—Subsec. (a). Pub. L. 106–118, §6(b)(1), substituted "$222" for "$215".

Subsec. (b). Pub. L. 106–118, §6(b)(2), substituted "$373" for "$361".

Subsec. (c). Pub. L. 106–118, §6(b)(3), substituted "$188" for "$182".

1997—Subsec. (a). Pub. L. 105–98, §6(b)(1), substituted "$215" for "$195".

Subsec. (b). Pub. L. 105–98, §6(b)(2), substituted "$361" for "$327".

Subsec. (c). Pub. L. 105–98, §6(b)(3), substituted "$182" for "$166".

1993—Subsec. (a). Pub. L. 103–140, §6(b)(1), substituted "$195" for "$191".

Pub. L. 103–78, §5(b)(1), substituted "$191" for "$185".

Subsec. (b). Pub. L. 103–140, §6(b)(2), substituted "$327" for "$319".

Pub. L. 103–78, §5(b)(2), substituted "$319" for "$310".

Subsec. (c). Pub. L. 103–140, §6(b)(3), substituted "$166" for "$162".

Pub. L. 103–78, §5(b)(3), substituted "$162" for "$157".

1991—Pub. L. 102–83 renumbered section 414 of this title as this section.

Subsec. (a). Pub. L. 102–152, §6(b)(1), substituted "$185" for "$178".

Pub. L. 102–3, §6(b)(1), substituted "$178" for "$169".

Subsec. (b). Pub. L. 102–152, §6(b)(2), substituted "$310" for "$299".

Pub. L. 102–3, §6(b)(2), substituted "$299" for "$284".

Subsec. (c). Pub. L. 102–152, §6(b)(3), substituted "$157" for "$151".

Pub. L. 102–3, §6(b)(3), substituted "$151" for "$144".

1989—Subsec. (a). Pub. L. 101–237, §105(b)(1), substituted "$169" for "$161".

Subsec. (b). Pub. L. 101–237, §105(b)(2), substituted "$284" for "$271".

Subsec. (c). Pub. L. 101–237, §105(b)(3), substituted "$144" for "$138".

1988—Subsec. (a). Pub. L. 100–687, §1105(b)(1), substituted "$161" for "$155".

Subsec. (b). Pub. L. 100–687, §1105(b)(2), substituted "$271" for "$261".

Subsec. (c). Pub. L. 100–687, §1105(b)(3), substituted "$138" for "$133".

1987—Subsec. (a). Pub. L. 100–227, §106(1), substituted "$155" for "$149".

Subsec. (b). Pub. L. 100–227, §106(2), substituted "$261" for "$251".

Subsec. (c). Pub. L. 100–227, §106(3), substituted "$133" for "$128".

1986—Subsec. (a). Pub. L. 99–576, §106(1), substituted "$149" for "$147".

Pub. L. 99–238, §106(1), substituted "$147" for "$143".

Subsec. (b). Pub. L. 99–576, §106(2), substituted "$251" for "$247".

Pub. L. 99–238, §106(2), substituted "$247" for "$240".

Subsec. (c). Pub. L. 99–576, §106(3), substituted "$128" for "$126".

Pub. L. 99–238, §106(3), substituted "$126" for "$122".

1984—Subsec. (a). Pub. L. 98–543, §106(1), substituted "$143" for "$139".

Pub. L. 98–223, §106(1), substituted "$139" for "$134".

Subsec. (b). Pub. L. 98–543, §106(2), substituted "$240" for "$233".

Pub. L. 98–223, §106(2), substituted "$233" for "$225".

Subsec. (c). Pub. L. 98–543, §106(3), substituted "$122" for "$118".

Pub. L. 98–223, §106(3), substituted "$118" for "$114".

1982—Subsec. (a). Pub. L. 97–306, §§106(1), 107, 108, substituted "$134" for "$125", and repealed amendment made by Pub. L. 97–253, §405(g)(1), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(g)(1), (h), eff. Jan. 1, 1983, substituted "$124" for "$125".

Subsec. (b). Pub. L. 97–306, §§106(2), 107, 108, substituted "$225" for "$210", and repealed amendment made by Pub. L. 97–253, §405(g)(2), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(g)(2), (h), eff. Jan. 1, 1983, substituted "$209" for "$210".

Subsec. (c). Pub. L. 97–306, §§106(3), 107, 108, substituted "$114" for "$107", and repealed amendment made by Pub. L. 97–253, §405(g)(3), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(g)(3), (h), eff. Jan. 1, 1983, substituted "$106" for "$107".

1981—Subsec. (a). Pub. L. 97–66, §203(1), substituted "$125" for "$112".

Subsec. (b). Pub. L. 97–66, §203(2), substituted "$210" for "$189".

Subsec. (c). Pub. L. 97–66, §203(3), substituted "$107" for "$96".

1980—Subsec. (a). Pub. L. 96–385, §203(1), substituted "$112" for "$98".

Subsec. (b). Pub. L. 96–385, §203(2), substituted "$189" for "$165".

Subsec. (c). Pub. L. 96–385, §203(3), substituted "$96" for "$84".

1979—Subsec. (a). Pub. L. 96–128, §203(1), substituted "$98" for "$89".

Subsec. (b). Pub. L. 96–128, §203(2), substituted "$165" for "$150".

Subsec. (c). Pub. L. 96–128, §203(3), substituted "$84" for "$76".

1978—Subsec. (a). Pub. L. 95–479, §203(1), substituted "$89" for "$83".

Subsec. (b). Pub. L. 95–479, §203(2), substituted "$150" for "$140".

Subsec. (c). Pub. L. 95–479, §203(3), substituted "$76" for "$71".

1977—Subsec. (a). Pub. L. 95–117, §203(1), substituted "$83" for "$78".

Subsec. (b). Pub. L. 95–117, §203(2) substituted "$140" for "$131".

Subsec. (c). Pub. L. 95–117, §203(3), substituted "$71" for "$67".

1976—Subsec. (a). Pub. L. 94–433, §§203(1), 405(10), substituted "$78" for "$72" and "such child" for "him".

Subsec. (b). Pub. L. 94–433, §§203(2), 405(10), substituted "$131" for "$121" and "person" for "woman", "surviving spouse" for "widow" and "such person's deceased spouse" for "her deceased husband" wherever appearing.

Subsec. (c). Pub. L. 94–433, §§203(3), 405(10), substituted "$67" for "$62" and "person" for "woman", "surviving spouse" for "widow" and "such person's deceased spouse" for "her deceased husband" wherever appearing.

1975—Subsec. (a). Pub. L. 94–71, §203(a), substituted "$72" for "$64".

Subsec. (b). Pub. L. 94–71, §203(b), substituted "$121" for "$108".

Subsec. (c). Pub. L. 94–71, §203(c), substituted "$62" for "$55".

1974—Subsec. (a). Pub. L. 93–295, §203(a), substituted "$64" for "55".

Subsec. (b). Pub. L. 93–295, §203(b), substituted "$108" for "$92".

Subsec. (c). Pub. L. 93–295, 203(c), substituted "$55" for "$47".

1971—Subsec. (a). Pub. L. 92–197, §3(a), substituted "$55" for "$32".

Subsec. (b). Pub. L. 92–197, §3(b), substituted "$92" for "$88".

Subsec. (c). Pub. L. 92–197, §3(c), substituted "$47" for "$45".

1970—Subsec. (a). Pub. L. 91–262, §3(a), substituted "$32" for "$29".

Subsec. (b). Pub. L. 91–262, §3(b), substituted "$88" for "$80".

Subsec. (c). Pub. L. 91–262, §3(c), substituted "$45" for "$41".

1966—Subsec. (a). Pub. L. 89–730, §5(1), substituted "$29" for "$28".

Subsec. (b). Pub. L. 89–730, §5(2), substituted "$80" for "$77".

Subsec. (c). Pub. L. 89–730, §5(3), substituted "41" for "39".

1965—Subsec. (c). Pub. L. 89–311 substituted "twenty-three" for "twenty-one".

1963—Subsec. (a). Pub. L. 88–21, §3(1), substituted "$28" for "$25".

Subsec. (b). Pub. L. 88–21, §3(2), substituted "$77" for "$70".

Subsec. (c). Pub. L. 88–21, §3(3), substituted "$39" for "$35".

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Amendment by Pub. L. 111–37 effective Dec. 1, 2008, see section 3(g) of Pub. L. 111–37, set out as a note under section 1114 of this title.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–324 effective Dec. 1, 2007, see section 3(f) of Pub. L. 110–324, set out as a note under section 1114 of this title.

Effective Date of 2005 Amendment

Amendment by Pub. L. 109–111 effective Dec. 1, 2005, see section 2(f) of Pub. L. 109–111, set out as a note under section 1114 of this title.

Effective Date of 2001 Amendment

Amendment by Pub. L. 107–94 effective Dec. 1, 2001, see section 7 of Pub. L. 107–94, set out as a note under section 1114 of this title.

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–118 effective Dec. 1, 1999, see section 7 of Pub. L. 106–118, set out as a note under section 1114 of this title.

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–98 effective Dec. 1, 1997, see section 7 of Pub. L. 105–98, set out as a note under section 1114 of this title.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–140 effective Dec. 1, 1993, see section 7 of Pub. L. 103–140, set out as a note under section 1114 of this title.

Effective Date of 1991 Amendments

Amendment by Pub. L. 102–152 effective Dec. 1, 1991, see section 7 of Pub. L. 102–152, set out as a note under section 1114 of this title.

Amendment by Pub. L. 102–3 effective Jan. 1, 1991, see section 7 of Pub. L. 102–3, set out as a note under section 1114 of this title.

Effective Date of 1989 Amendment

Amendment by Pub. L. 101–237 effective Dec. 1, 1989, see section 106 of Pub. L. 101–237, set out as a note under section 1114 of this title.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–687 effective Dec. 1, 1988, see section 1106 of Pub. L. 100–687, set out as a note under section 1114 of this title.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–227 effective Dec. 1, 1987, see section 107 of Pub. L. 100–227, set out as a note under section 1114 of this title.

Effective Date of 1986 Amendments

Amendment by Pub. L. 99–576 effective Dec. 1, 1986, but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective Dec. 1, 1986, as a result of a determination under section 415(i) of Title 42, see section 107 of Pub. L. 99–576, set out as a note under section 1114 of this title.

Amendment by Pub. L. 99–238 effective Dec. 1, 1985, see section 107 of Pub. L. 99–238, set out as a note under section 1114 of this title.

Effective Date of 1984 Amendments

Amendment by Pub. L. 98–543 effective Dec. 1, 1984, see section 107 of Pub. L. 98–543, set out as a note under section 1114 of this title.

Amendment by Pub. L. 98–223 effective Apr. 1, 1984, see section 107 of Pub. L. 98–223, set out as a note under section 1114 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–306 effective Oct. 1, 1982, see section 108 of Pub. L. 97–306, set out as a note under section 1114 of this title.

Effective Date of 1981 Amendment

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

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–385 applicable only to payments for months beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96–385, set out as a note under section 1114 of this title.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–128 effective Oct. 1, 1979, see section 601(a)(1) of Pub. L. 96–128, set out as a note under section 1114 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95–479, 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.

Effective Date of 1976 Amendment

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

Effective Date of 1975 Amendment

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

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–295 effective May 1, 1974, see section 401 of Pub. L. 93–295, set out as a note under section 1114 of this title.

Effective Date of 1971 Amendment

Amendment by Pub. L. 92–197 effective Jan. 1, 1972, see section 10 of Pub. L. 92–197, set out as a note under section 1311 of this title.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–262 effective first day of second calendar month following May 1970, see section 4 of Pub. L. 91–262, set out as a note under section 1313 of this title.

Effective Date of 1966 Amendment

Amendment by Pub. L. 89–730 effective first day of second calendar month following Nov. 2, 1966, see section 7(a) of Pub. L. 89–730, set out as a note under section 1315 of this title.

Effective Date of 1965 Amendment

Amendment by Pub. L. 89–311 effective first day of second calendar month following Oct. 31, 1965, see section 9 of Pub. L. 89–311, set out as a note under section 1114 of this title.

Effective Date of 1963 Amendment

Amendment by Pub. L. 88–21 effective first day of second calendar month beginning after May 15, 1963, see section 5 of Pub. L. 88–21, set out as a note under section 1311 of this title.

Repeal

Section 405(g) of Pub. L. 97–253, cited as a credit to this section, was repealed by Pub. L. 97–306, §§107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982.
38 U.S.C. § 1787 (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter VIII / Section 1787: Health care of family members of veterans stationed at Camp Lejeune, North Carolina
Health care of family members of veterans stationed at Camp Lejeune, North Carolina
Status: in_force

(a) In General.—Subject to subsection (b), a family member of a veteran described in subparagraph (F) of section 1710(e)(1) of this title who resided at Camp Lejeune, North Carolina, for not fewer than 30 days during the period described in such subparagraph or who was in utero during such period while the mother of such family member resided at such location shall be eligible for hospital care and medical services furnished by the Secretary for any of the illnesses or conditions described in such subparagraph, notwithstanding that there is insufficient medical evidence to conclude that such illnesses or conditions are attributable to such residence.

(b) Limitations.—(1) The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose.

(2) Hospital care and medical services may not be furnished under subsection (a) for an illness or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection.

(3) The Secretary may provide reimbursement for hospital care or medical services provided to a family member under this section only after the family member or the provider of such care or services has exhausted without success all claims and remedies reasonably available to the family member or provider against a third party (as defined in section 1725(h) of this title) for payment of such care or services, including with respect to health-plan contracts (as defined in such section).

(Added Pub. L. 112–154, title I, §102(b)(1), Aug. 6, 2012, 126 Stat. 1168; amended Pub. L. 117–328, div. U, title I, §142(c)(5), Dec. 29, 2022, 136 Stat. 5424.)

Editorial Notes

Prior Provisions

Prior section 1787 was renumbered section 3687 of this title.

Another prior section 1787, added Pub. L. 89–358, §3(b), Mar. 3, 1966, 80 Stat. 23, related to the submission of false or misleading statements by educational institutions, persons or veterans, prior to repeal by section 316(1) of Pub. L. 92–540. See section 3690 of this title.

Prior section 1788 was renumbered section 3688 of this title.

Another prior section 1788 was renumbered section 3692 of this title.

Prior section 1789 was renumbered section 3689 of this title.

Another prior section 1789, which required the Administrator not to approve of enrollments in courses in institutions listed by the Attorney General under section 12 of Ex. Ord. No. 10450, was renumbered section 1793 of this title.

Prior section 1790 was renumbered section 3690 of this title.

Another prior section 1790 was renumbered section 3694 of this title.

Prior section 1791 was renumbered section 3691 of this title.

Another prior section 1791 was renumbered section 3695 of this title.

Prior sections 1792 and 1793 were renumbered sections 3692 and 3693 of this title, respectively.

Another prior section 1793, added Pub. L. 89–358, §3(b), Mar. 3, 1966, 80 Stat. 23, §1789; amended Pub. L. 91–24, §15, June 11, 1969, 83 Stat. 35; renumbered and amended Pub. L. 92–540, title III, §316(2), title IV, §403(12), Oct. 24, 1972, 86 Stat. 1086, 1090, required that the Administrator not to approve of enrollment in any course in an institution listed by the Attorney General under section 12 of Executive Order 10450, prior to repeal by section 511(1) of Pub. L. 94–502.

Prior sections 1794 to 1799 were renumbered sections 3694 to 3699 of this title, respectively, and sections 3698 and 3699 were subsequently repealed.

Amendments

2022—Subsec. (b)(3). Pub. L. 117–328 substituted "section 1725(h)" for "section 1725(f)".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Aug. 6, 2012, and applicable with respect to hospital care and medical services provided on or after Aug. 6, 2012, see section 102(d) of Pub. L. 112–154, set out as an Effective Date of 2012 Amendment note under section 1710 of this title.
38 U.S.C. § 5317A (2024) — Title 38: VETERANS' BENEFITS / Chapter 53 / Section 5317A: Use of income information from other agencies: independent verification required before termination or reduction of certain benefits and services
Use of income information from other agencies: independent verification required before termination or reduction of certain benefits and services
Status: in_force

(a) Independent Verification Required.—The Secretary may terminate, deny, suspend, or reduce any benefit or service specified in section 5317(c), with respect to an individual under age 65 who is an applicant for or recipient of such a benefit or service, by reason of information obtained from the Secretary of Health and Human Services under section 453(j)(11) of the Social Security Act, only if the Secretary takes appropriate steps to verify independently information relating to the individual's employment and income from employment.

(b) Opportunity to Contest Findings.—The Secretary shall inform each individual for whom the Secretary terminates, denies, suspends, or reduces any benefit or service under subsection (a) of the findings made by the Secretary under such subsection on the basis of verified information and shall provide to the individual an opportunity to contest such findings in the same manner as applies to other information and findings relating to eligibility for the benefit or service involved.

(c) Source of Funds for Reimbursement to Secretary of Health and Human Services.—The Secretary shall pay the expense of reimbursing the Secretary of Health and Human Services in accordance with section 453(j)(11)(E) of the Social Security Act, for the cost incurred by the Secretary of Health and Human Services in furnishing information requested by the Secretary under section 453(j)(11) of such Act, from amounts available to the Department for the payment of compensation and pensions.

(d) Expiration of Authority.—The authority under this section shall be in effect as follows:

(1) During the period beginning on December 26, 2007, and ending on November 18, 2011.

(2) During the period beginning on the date of the enactment of the Department of Veterans Affairs Expiring Authorities Act of 2013 and ending 180 days after that date.

(Added Pub. L. 110–157, title III, §301(b)(1), Dec. 26, 2007, 121 Stat. 1835; amended Pub. L. 112–37, §17(a), Oct. 5, 2011, 125 Stat. 398; Pub. L. 113–37, §3(b), Sept. 30, 2013, 127 Stat. 525.)

Editorial Notes

References in Text

Section 453 of the Social Security Act, referred to in subsecs. (a) and (c), is classified to section 653 of Title 42, The Public Health and Welfare.

The date of the enactment of the Department of Veterans Affairs Expiring Authorities Act of 2013, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 113–37, which was approved Sept. 30, 2013.

Amendments

2013—Subsec. (d). Pub. L. 113–37 added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: "The authority under this section shall expire on November 18, 2011."

2011—Subsec. (d). Pub. L. 112–37 substituted "November 18, 2011" for "September 30, 2011".

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Amendment by Pub. L. 113–37 effective Oct. 1, 2013, see section 4(a) of Pub. L. 113–37, set out as a note under section 322 of this title.
38 U.S.C. § 1959 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter II / Section 1959: Waiver of disability for reinstatement
Waiver of disability for reinstatement
Status: in_force

(a) In the event that all provisions of the rules and regulations other than the requirements as to the physical condition of the applicant have been complied with, an application for reinstatement, in whole or in part, of lapsed United States Government life insurance may be approved if made within two years after the date of lapse and if the applicant's disability is the result of an injury or disease, or of an aggravation thereof, suffered or contracted in the active military or naval service during the period beginning April 6, 1917, and ending July 2, 1921, and the applicant during the applicant's lifetime submits proof satisfactory to the Secretary showing that the applicant is not totally and permanently disabled. As a condition to the acceptance of an application for reinstatement under this section, the applicant shall be required to pay all the back monthly premiums which would have become payable if such insurance had not lapsed, together with interest at the rate of 5 per centum per annum, compounded annually, on each premium from the date said premium is due by the terms of the policy.

(b) Premium liens established under the provisions of section 304 of the World War Veterans' Act, 1924, shall continue to bear interest at the rate of 5 per centum per annum, compounded annually, and will be deducted from any settlement of insurance to which they are attached.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1163, §759; Pub. L. 99–576, title VII, §701(33), Oct. 28, 1986, 100 Stat. 3293; renumbered §1959 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

Editorial Notes

References in Text

Section 304 of the World War Veteran's Act, 1924, referred to in subsec. (b), is section 304 of act June 7, 1924, ch. 320, title III, 43 Stat. 625, which enacted section 515 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, §14(51), Sept. 2, 1958, 72 Stat. 1271.

Amendments

1991—Pub. L. 102–83 renumbered section 759 of this title as this section and substituted "Secretary" for "Administrator" in subsec. (a).

1986—Subsec. (a). Pub. L. 99–576 substituted "the applicant's" for "his" and "the applicant" for "he".
38 U.S.C. § 7683 (2024) — Title 38: VETERANS' BENEFITS / Chapter 76 / Subchapter VII / Section 7683: Education debt reduction
Education debt reduction
Status: in_force

(a) In General.—Education debt reduction payments under the Education Debt Reduction Program shall consist of—

(1) payments to individuals selected to participate in the program of principal and interest on loans described in section 7682(a)(2) of this title; or

(2) payments for the principal and interest on such loans of such individuals to the holders of such loans.

(b) Frequency of Payment.—(1) The Secretary may make education debt reduction payments to or for any given participant in the Education Debt Reduction Program on a monthly or annual basis, as determined by the Secretary.

(2) The Secretary shall make such payments at the end of the period determined by the Secretary under paragraph (1).

(c) Performance Requirement.—The Secretary may make education debt reduction payments to or for a participant in the Education Debt Reduction Program for a period only if the Secretary determines that the individual maintained an acceptable level of performance in the position or positions served by the participant during the period.

(d) Maximum Annual Amount.—(1) The amount of education debt reduction payments made to or for a participant under the Education Debt Reduction Program may not exceed $200,000 over a total of five years of participation in the Program, of which not more than $40,000 of such payments may be made in each year of participation in the Program.

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

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

(Added Pub. L. 105–368, title VIII, §803(a), Nov. 11, 1998, 112 Stat. 3357; amended Pub. L. 107–135, title I, §102(c), Jan. 23, 2002, 115 Stat. 2448; Pub. L. 111–163, title III, §301(c), (d), May 5, 2010, 124 Stat. 1146; Pub. L. 113–146, title III, §302(b), Aug. 7, 2014, 128 Stat. 1788; Pub. L. 113–175, title IV, §408, Sept. 26, 2014, 128 Stat. 1906; Pub. L. 114–58, title VI, §601(24), Sept. 30, 2015, 129 Stat. 539; Pub. L. 115–182, title III, §302(a), June 6, 2018, 132 Stat. 1463.)

Editorial Notes

Amendments

2018—Subsec. (d)(1). Pub. L. 115–182 substituted "$200,000" for "$120,000" and "40,000" for "$24,000".

2015—Subsec. (d). Pub. L. 114–58 inserted period at end.

2014—Subsec. (a). Pub. L. 113–175, §408(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "Education debt reduction payments under the Education Debt Reduction Program shall consist of payments to individuals selected to participate in the program of amounts to reimburse such individuals for payments by such individuals of principal and interest on loans described in section 7682(a)(2) of this title."

Subsecs. (b)(1), (c). Pub. L. 113–175, §408(2), substituted "payments to or for" for "payments to".

Subsec. (d)(1). Pub. L. 113–175, §408(3)(A), substituted "made to or for" for "made to".

Pub. L. 113–146, §302(b)(1), (2)(B), substituted "The amount" for "Subject to paragraph (2), the amount", "$120,000" for "$60,000", and "$24,000 of such payments may be made in each year of participation in the Program" for "$12,000 of such payments may be made in each of the fourth and fifth years of participation in the Program".

Subsec. (d)(2). Pub. L. 113–146, §302(b)(2)(A)(i), (ii), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "The total amount payable to a participant in such Program for any year may not exceed the amount of the principal and interest on loans referred to in subsection (a) that is paid by the individual during such year."

Subsec. (d)(2)(A). Pub. L. 113–175, §408(3)(B), substituted "payable to or for that" for "payable to that".

Pub. L. 113–146, §302(b)(2)(A)(iii), substituted "paragraph (1)" for "paragraphs (1) and (2)".

Subsec. (d)(3). Pub. L. 113–146, §302(b)(2)(A)(ii), redesignated par. (3) as (2).

2010—Subsec. (d)(1). Pub. L. 111–163, §301(c), substituted "$60,000" for "$44,000" and "$12,000" for "$10,000".

Subsec. (d)(3). Pub. L. 111–163, §301(d), added par. (3).

2002—Subsec. (d)(1). Pub. L. 107–135 struck out "for a year" after "a participant" and substituted "exceed $44,000 over a total of five years of participation in the Program, of which not more than $10,000 of such payments may be made in each of the fourth and fifth years of participation in the Program" for "exceed—

"(A) $6,000 for the first year of the participant's participation in the Program;

"(B) $8,000 for the second year of the participant's participation in the Program; and

"(C) $10,000 for the third year of the participant's participation in the Program".
38 U.S.C. § 3315A (2024) — Title 38: VETERANS' BENEFITS / Chapter 33 / Subchapter II / Section 3315A: National tests
National tests
Status: in_force

(a) In General.—An individual entitled to educational assistance under this chapter shall also be entitled to educational assistance for the following:

(1) A national test for admission to an institution of higher learning as described in the last sentence of section 3452(b).

(2) A national test providing an opportunity for course credit at an institution of higher learning as so described.

(3) A national test that evaluates prior learning and knowledge and provides an opportunity for course credit at an institution of higher learning as so described.

(b) Amount.—The amount of educational assistance payable under this chapter for a test described in subsection (a) is the lesser of—

(1) the fee charged for the test; or

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

(c) Charge Against Entitlement.—The number of months of entitlement charged an individual under this chapter for a test described in subsection (a) shall be pro-rated based on the actual amount of the fee charged for the test relative to the rate for 1 month payable—

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

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

(Added Pub. L. 111–377, title I, §108(a)(1), Jan. 4, 2011, 124 Stat. 4118; amended Pub. L. 115–48, title I, §108(b), Aug. 16, 2017, 131 Stat. 978.)

Editorial Notes

Amendments

2017—Subsec. (a)(3). Pub. L. 115–48, §108(b)(1), added par. (3).

Subsec. (c). Pub. L. 115–48, §108(b)(2), in introductory provisions, substituted "shall be pro-rated based on the actual amount of the fee charged for the test relative to the rate for 1 month payable" for "shall be determined at the rate of one month (rounded to the nearest whole month) for each amount paid that equals".

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Amendment by Pub. L. 115–48 applicable to a test taken on or after Aug. 1, 2018, see section 108(d) of Pub. L. 115–48, set out as a note under section 3315 of this title.

Effective Date

Pub. L. 111–377, title I, §108(b), Jan. 4, 2011, 124 Stat. 4119, provided that: "The amendments made by this section [enacting this section] shall take effect on August 1, 2011, and shall apply with respect to national tests taken on or after that date."
38 U.S.C. § 4321 (2024) — Title 38: VETERANS' BENEFITS / Chapter 43 / Subchapter III / Section 4321: Assistance in obtaining reemployment or other employment rights or benefits
Assistance in obtaining reemployment or other employment rights or benefits
Status: in_force

The Secretary (through the Veterans' Employment and Training Service) shall provide assistance to any person with respect to the employment and reemployment rights and benefits to which such person is entitled under this chapter. In providing such assistance, the Secretary may request the assistance of existing Federal and State agencies engaged in similar or related activities and utilize the assistance of volunteers.

(Added Pub. L. 103–353, §2(a), Oct. 13, 1994, 108 Stat. 3164.)

Editorial Notes

Prior Provisions

A prior section 4321 was renumbered section 7621 of this title.

Statutory Notes and Related Subsidiaries

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.