38 U.S.C. § 3707 (2024) — Title 38: VETERANS' BENEFITS / Chapter 37 / Subchapter I / Section 3707: Adjustable rate mortgages
Adjustable rate mortgages
Status: in_force

(a) The Secretary shall carry out a project under this section for the purpose of guaranteeing loans in a manner similar to the manner in which the Secretary of Housing and Urban Development insures adjustable rate mortgages under section 251 of the National Housing Act.

(b) Interest rate adjustment provisions of a mortgage guaranteed under this section shall—

(1) correspond to a specified national interest rate index approved by the Secretary, information on which is readily accessible to mortgagors from generally available published sources;

(2) be made by adjusting the monthly payment on an annual basis;

(3) be limited, with respect to any single annual interest rate adjustment, to a maximum increase or decrease of 1 percentage point; and

(4) be limited, over the term of the mortgage, to a maximum increase of 5 percentage points above the initial contract interest rate.

(c) The Secretary shall promulgate underwriting standards for loans guaranteed under this section, taking into account—

(1) the status of the interest rate index referred to in subsection (b)(1) and available at the time an underwriting decision is made, regardless of the actual initial rate offered by the lender;

(2) the maximum and likely amounts of increases in mortgage payments that the loans would require;

(3) the underwriting standards applicable to adjustable rate mortgages insured under title II of the National Housing Act; and

(4) such other factors as the Secretary finds appropriate.

(d) The Secretary shall require that the mortgagee make available to the mortgagor, at the time of loan application, a written explanation of the features of the adjustable rate mortgage, including a hypothetical payment schedule that displays the maximum potential increases in monthly payments to the mortgagor over the first five years of the mortgage term.

(Added Pub. L. 102–547, §3(a)(1), Oct. 28, 1992, 106 Stat. 3634; amended Pub. L. 103–78, §7, Aug. 13, 1993, 107 Stat. 769; Pub. L. 108–454, title IV, §404, Dec. 10, 2004, 118 Stat. 3616; Pub. L. 110–389, title V, §505(a), Oct. 10, 2008, 122 Stat. 4176; Pub. L. 112–154, title II, §208, Aug. 6, 2012, 126 Stat. 1179.)

Editorial Notes

References in Text

The National Housing Act, referred to in subsecs. (a) and (c)(3), is act June 27, 1934, ch. 847, 48 Stat. 1246. Title II of the Act is classified generally to subchapter II (§1707 et seq.) of chapter 13 of Title 12, Banks and Banking. Section 251 of the Act is classified to section 1715z–16 of Title 12. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.

Amendments

2012—Subsec. (a). Pub. L. 112–154 substituted "project under this section" for "demonstration project under this section during fiscal years 1993 through 2012".

2008—Subsec. (a). Pub. L. 110–389 substituted "2012" for "2008".

2004—Subsec. (a). Pub. L. 108–454 substituted "during fiscal years 1993 through 2008" for "during fiscal years 1993, 1994, and 1995".

1993—Subsec. (b)(2). Pub. L. 103–78 struck out before semicolon at end "on the anniversary of the date on which the loan was closed".

Statutory Notes and Related Subsidiaries

Annual Report on Document Disclosure and Consumer Education

Pub. L. 115–174, title III, §309(d), May 24, 2018, 132 Stat. 1351, provided that: "Not less frequently than once each year, the Secretary of Veterans Affairs shall issue a publicly available report that—

"(1) examines, with respect to loans provided to veterans under chapter 37 of title 38, United States Code—

"(A) the refinancing of fixed-rate mortgage loans to adjustable rate mortgage loans;

"(B) whether veterans are informed of the risks and disclosures associated with that refinancing; and

"(C) whether advertising materials for that refinancing are clear and do not contain misleading statements or assertions; and

"(2) includes findings based on any complaints received by veterans and on an ongoing assessment of the refinancing market by the Secretary."

Annual Reports on Adjustable Rate Mortgages Guaranteed Under This Section

Pub. L. 102–547, §3(b), Oct. 28, 1992, 106 Stat. 3635, directed Secretary of Veterans Affairs to transmit adjustable rate mortgage report to Committees on Veterans' Affairs of Senate and House of Representatives no later than Dec. 31, 1993, containing description of project carried out under this section and thereafter to transmit annual reports to such committees with respect to default rates and other information concerning loans guaranteed under this section prior to repeal by Pub. L. 104–110, title II, §201(b), Feb. 13, 1996, 110 Stat. 770.
38 U.S.C. § 1801 (2024) — Title 38: VETERANS' BENEFITS / Chapter 18 / Section 1801: Repealed. Pub. L. 106-419, title IV, §401(c)(1), Nov. 1, 2000, 114 Stat. 1860
Repealed. Pub. L. 106-419, title IV, §401(c)(1), Nov. 1, 2000, 114 Stat. 1860
Status: repealed

[§1801. Repealed. Pub. L. 106–419, title IV, §401(c)(1), Nov. 1, 2000, 114 Stat. 1860]

Section, added Pub. L. 104–204, title IV, §421(b)(1), Sept. 26, 1996, 110 Stat. 2923; amended Pub. L. 105–114, title IV, §404(a), Nov. 21, 1997, 111 Stat. 2294, defined "child" and "Vietnam veteran".

A prior section 1801 was renumbered section 3701 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective on the first day of the first month beginning more than one year after Nov. 1, 2000, see section 401(g) of Pub. L. 106–419, set out as an Effective Date note under section 1811 of this title.

Effective Date

Chapter effective Oct. 1, 1997, notwithstanding section 421(d) of Pub. L. 104–204, set out below, unless legislation other than Pub. L. 104–204 is enacted providing for an earlier effective date, see section 422(c) of Pub. L. 104–204, set out as an Effective Date of 1996 Amendment note under section 1151 of this title.

Pub. L. 104–204, title IV, §421(d), Sept. 26, 1996, 110 Stat. 2926, provided that: "This section [enacting this chapter and amending section 5312 of this title] and the amendments made by this section shall take effect on January 1, 1997."

Congressional Purpose

Pub. L. 104–204, title IV, §421(a), Sept. 26, 1996, 110 Stat. 2923, provided that: "The purpose of this section [enacting this chapter and amending section 5312 of this title] is to provide for the special needs of certain children of Vietnam veterans who were born with the birth defect spina bifida, possibly as the result of the exposure of one or both parents to herbicides during active service in the Republic of Vietnam during the Vietnam era, through the provision of health care and monetary benefits."
38 U.S.C. § 8522 (2024) — Title 38: VETERANS' BENEFITS / Chapter 85 / Subchapter II / Section 8522: Sale of assets accruing to the Fund
Sale of assets accruing to the Fund
Status: in_force

Any assets heretofore or hereafter accruing to the benefit of the Fund, other than money, but including jewelry and other personal effects, may be sold at the times and places and in the manner prescribed by regulations issued by the Secretary. Upon receipt of the purchase price the Secretary is authorized to deliver at the place of sale, said property sold, and upon request to execute and deliver appropriate assignments or other conveyances thereof in the name of the United States, which shall pass to the purchaser such title as decedent had at date of death. The net proceeds after paying any proper sales expense as determined by the Secretary shall forthwith be paid to the Treasurer of the United States to the credit of the Fund; and may be disbursed as are other moneys in the Fund by the Division of Disbursements, Treasury Department, upon order of said Secretary. Articles of personal adornment which are obviously of sentimental value, shall be retained and not sold or otherwise disposed of until the expiration of five years from the date of death of the veteran, without a claim therefor, unless for sanitary or other proper reasons it is deemed unsafe to retain same, in which event they may be destroyed forthwith. Any other articles coming into possession of the Secretary or the Secretary's representative by virtue of this subchapter which, under regulations promulgated by the Secretary, are determined to be unsalable may be destroyed forthwith or at the time prescribed by regulations, or may be used for the purposes for which disbursements might properly be made from the Fund, or if not usable, otherwise disposed of in accordance with regulations.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1260, §5222; Pub. L. 99–576, title VII, §701(101), Oct. 28, 1986, 100 Stat. 3300; renumbered §8522, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 5222 of this title as this section.

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

1986—Pub. L. 99–576 substituted "the Administrator" for "he" in second sentence, and "the Administrator's" for "his" in last sentence.

Executive Documents

Transfer of Functions

Division of Disbursements of Treasury Department consolidated into Fiscal Service of Treasury Department by section 1(a)(1) of Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5, Government Organization and Employees. See section 306 of Title 31, Money and Finance.
38 U.S.C. § 1703F (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter I / Section 1703F: Credentialing verification requirements for providers of non-Department health care services
Credentialing verification requirements for providers of non-Department health care services
Status: in_force

(a) In General.—The Secretary shall ensure that Third Party Administrators and credentials verification organizations comply with the requirements specified in subsection (b) to help ensure certain health care providers are excluded from providing non-Department health care services.

(b) Requirements Specified.—The Secretary shall require Third Party Administrators and credentials verification organizations to carry out the following:

(1) Hold and maintain an active credential verification accreditation from a national health care accreditation body.

(2) Conduct initial verification of provider history and license sanctions for all States and United States territories for a period of time—

(A) that includes the period before the provider began providing non-Department health care services; and

(B) dating back not less than 10 years.

(3) Not less frequently than every three years, perform recredentialing, including verifying provider history and license sanctions for all States and United States territories.

(4) Implement continuous monitoring of each provider through the National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.).

(5) Perform other forms of credentialing verification as the Secretary considers appropriate.

(c) Definitions.—In this section:

(1) The term "credentials verification organization" means an entity that manages the provider credentialing process and performs credentialing verification for non-Department providers that participate in the Veterans Community Care Program under section 1703 of this title through a Veterans Care Agreement.

(2) The term "Third Party Administrator" means an entity that manages a provider network and performs administrative services related to such network within the Veterans Community Care Program under section 1703 of this title.

(3) The term "Veterans Care Agreement" means an agreement for non-Department health care services entered into under section 1703A of this title.

(4) The term "non-Department health care services" means services—

(A) provided under this subchapter at non-Department facilities (as defined in section 1701 of this title);

(B) provided under section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note);

(C) purchased through the Medical Community Care account of the Department; or

(D) purchased with amounts deposited in the Veterans Choice Fund under section 802 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note).

(Added Pub. L. 117–328, div. U, title I, §141(a)(1), Dec. 29, 2022, 136 Stat. 5422.)

Editorial Notes

References in Text

The Health Care Quality Improvement Act of 1986, referred to in subsec. (b)(4), is title IV of Pub. L. 99–660, Nov. 14, 1986, 100 Stat. 3784, which is classified generally to chapter 117 (§11101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11101 of Title 42 and Tables.

Statutory Notes and Related Subsidiaries

Deadline for Implementation

Pub. L. 117–328, div. U, title I, §141(b), Dec. 29, 2022, 136 Stat. 5423, provided that: "Not later than 180 days after the date of the enactment of this Act [Dec. 29, 2022], the Secretary of Veterans Affairs shall commence the implementation of section 1703F of title 38, United States Code, as added by subsection (a)(1)."
38 U.S.C. § 728 (2024) — Title 38: VETERANS' BENEFITS / Chapter 7 / Subchapter I / Section 728: Misuse of Department purchase cards
Misuse of Department purchase cards
Status: in_force

(a) In General.—(1) The Secretary shall prohibit any employee of the Department who the Secretary or the Inspector General of the Department determines has knowingly misused a purchase card from serving as a purchase card holder or approving official.

(2) Such a prohibition shall be in addition to any other applicable penalty.

(b) Misuse.—For purposes of this section, the term "misuse" means—

(1) splitting purchases;

(2) exceeding applicable purchase card limits or purchase thresholds;

(3) purchasing any unauthorized item;

(4) using a purchase card without being an authorized purchase card holder; or

(5) violating ethics standards.

(Added Pub. L. 115–407, title V, §501(a), Dec. 31, 2018, 132 Stat. 5376.)
38 U.S.C. § 118 (2024) — Title 38: VETERANS' BENEFITS / Chapter 1 / Section 118: Submission of reports to Congress in electronic form
Submission of reports to Congress in electronic form
Status: in_force

(a) In General.—Whenever the Secretary or any other official of the Department is required by law to submit to Congress (or any committee of either chamber of Congress) a report, the Secretary or other official shall submit to Congress (or such committee) a copy of the report in an electronic format.

(b) Treatment.—The submission of a copy of a report in accordance with this section shall be treated as meeting any requirement of law to submit such report to Congress (or any committee of either chamber of Congress).

(c) Report Defined.—For purposes of this section, the term "report" includes any certification, notification, or other communication in writing.

(Added Pub. L. 111–163, title X, §1003(a), May 5, 2010, 124 Stat. 1182.)
38 U.S.C. § 3495 (2024) — Title 38: VETERANS' BENEFITS / Chapter 34 / Subchapter V / Section 3495: Vacant
Vacant
Status: vacant

[§§3495 to 3498. Vacant]

Editorial Notes

Codification

Prior to renumbering of sections 1651 to 1693 of this chapter as sections 3451 to 3493 by Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406, sections 1695 to 1698 of this chapter, which comprised former subchapter VI of this chapter, were repealed by Pub. L. 96–466, title VI, §601(a)(1), title VIII, §802(f), Oct. 17, 1980, 94 Stat. 2208, 2218, effective Oct. 1, 1980.

Section 1695, added Pub. L. 91–219, title II, §204(a)(4), Mar. 26, 1970, 84 Stat. 80, set forth purpose of former subchapter VI relating to a predischarge education program and defined "eligible person" for purposes of such subchapter.

Section 1696, added Pub. L. 91–219, title II, §204(a)(4), Mar. 26, 1970, 84 Stat. 80; amended Pub. L. 92–540, title I, §102(5), title III, §307, Oct. 24, 1972, 86 Stat. 1075, 1081; Pub. L. 93–508, title I, §102(5), Dec. 3, 1974, 88 Stat. 1580; Pub. L. 93–602, title II, §203(c), Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94–502, title II, §§201(4), 210(5), 211(13), Oct. 15, 1976, 90 Stat. 2385, 2388, 2389; Pub. L. 95–202, title I, §102(6), Nov. 23, 1977, 91 Stat. 1434, related to payment of an educational assistance allowance.

Section 1697, added Pub. L. 91–219, title II, §204(a)(4), Mar. 26, 1970, 84 Stat. 81, related to educational and vocational guidance.

Section 1698, added Pub. L. 92–540, title III, §308, Oct. 24, 1972, 86 Stat. 1082, §1697A; renumbered §1698 and amended Pub. L. 94–502, title II, §§210(3), 211(14), Oct. 15, 1976, 90 Stat. 2388, 2389; Pub. L. 95–202, title III, §302(b), Nov. 23, 1977, 91 Stat. 1441, related to coordination with and participation by Department of Defense in carrying out functions and duties of Department of Defense under predischarge education program.
38 U.S.C. § 1533 (2024) — Title 38: VETERANS' BENEFITS / Chapter 15 / Subchapter III / Section 1533: Children of Civil War veterans
Children of Civil War veterans
Status: in_force

Whenever there is no surviving spouse entitled to pension under section 1532 of this title, the Secretary shall pay to the children of each Civil War veteran who met the service requirements of section 1532 of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137, §533; Pub. L. 94–169, title I, §106(25), Dec. 23, 1975, 89 Stat. 1018; renumbered §1533 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 533 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted "1532" for "532" in two places.

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, §106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.
38 U.S.C. § 7613 (2024) — Title 38: VETERANS' BENEFITS / Chapter 76 / Subchapter II / Section 7613: Scholarship
Scholarship
Status: in_force

(a) A scholarship provided to a participant in the Scholarship Program for a school year under the Scholarship Program shall consist of payment of the tuition of the participant for that school year, payment of other reasonable educational expenses (including fees, books, and laboratory expenses) for that school year, and a stipend determined under subsection (b) of this section.

(b) A stipend under this section for a school year shall be payment to the participant of not in excess of $485 per month (adjusted in accordance with section 7631 of this title) for each of the 12 consecutive months beginning with the first month of the school year, except that a stipend may not be paid to a participant who is a full-time employee of the Department. The stipend of a participant who is a part-time student shall be adjusted as provided in sections 7614(1) and 7614(2) of this title.

(c) The Secretary may arrange with an educational institution in which a participant in the Scholarship Program is enrolled for the payment to the educational institution of the amounts of tuition and other reasonable educational expenses described in subsection (a) of this section. Such payments may be made without regard to subsections (a) and (b) of section 3324 of title 31.

(Added Pub. L. 100–322, title II, §216(b), May 20, 1988, 102 Stat. 521, §4313; renumbered §7613 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

Editorial Notes

Amendments

1991—Pub. L. 102–40, §402(b)(1), renumbered section 4313 of this title as this section.

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

Pub. L. 102–40, §402(d)(1), substituted "7631" for "4331" and "7614(1) and 7614(2)" for "4314(1) and "4314(2)".

Subsec. (c). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".
38 U.S.C. § 3605 (2024) — Title 38: VETERANS' BENEFITS / Chapter 36 / Subchapter I / Section 3605: Payment of educational assistance in cases of withdrawal
Payment of educational assistance in cases of withdrawal
Status: in_force

(a) In General.—In the case of any individual who withdraws from a program of education or training, other than a program by correspondence, in an educational institution under chapter 31, 34, or 35 of this title for a covered reason during the period of an emergency situation, the Secretary shall find mitigating circumstances for purposes of section 3680(a)(1)(C)(ii) of this title.

(b) Covered Reason.—In this section, the term "covered reason" means any reason related to an emergency situation, including—

(1) illness, quarantine, or social distancing requirements;

(2) issues associated with accessibility;

(3) access or availability of childcare;

(4) providing care for a family member or cohabitants;

(5) change of location or residence due to the emergency situation or associated school closures;

(6) employment changes or financial hardship; and

(7) issues associated with changes in format or medium of instruction.

(Added Pub. L. 117–333, §2(a)(2), Jan. 5, 2023, 136 Stat. 6125.)
38 U.S.C. § 7382 (2024) — Title 38: VETERANS' BENEFITS / Chapter 73 / Subchapter V / Section 7382: Research personnel
Research personnel
Status: in_force

(a) Waiver of Intergovernmental Personnel Act Mobility Program Limits.—The Secretary may waive the limit on the period and number of assignments required under section 3372(a) of title 5 with respect to an individual who performs research for the Department under the mobility program under subchapter VI of chapter 33 of such title (commonly referred to as the "Intergovernmental Personnel Act Mobility Program").

(b) Outside Earned Income for Research for the Department.—(1) Compensation from a nonprofit corporation established under subchapter IV of this chapter, or a university affiliated with the Department, may be paid, without regard to section 209 of title 18, to an employee described in paragraph (2), for research conducted pursuant to section 7303 of this title if—

(A) the research has been approved in accordance with procedures prescribed by the Under Secretary for Health;

(B) the employee conducts research under the supervision of personnel of the Department; and

(C) the Secretary agreed to the terms of such compensation in writing.

(2) An employee described in this subsection is an employee who has an appointment within the Department, whether with or without compensation, and without regard to the source of such compensation.

(Added Pub. L. 117–328, div. U, title I, §182(a), Dec. 29, 2022, 136 Stat. 5436.)
38 U.S.C. § 7904 (2024) — Title 38: VETERANS' BENEFITS / Chapter 79 / Section 7904: Preferences in awarding financial assistance
Preferences in awarding financial assistance
Status: in_force

In awarding financial assistance under this chapter, the Secretary shall give a preference to qualified individuals who are otherwise eligible to receive the financial assistance in the following order of priority:

(1) Veterans with service-connected disabilities.

(2) Veterans.

(3) Persons described in section 4215(a)(1)(B) of this title.

(4) Individuals who received or are pursuing degrees at institutions designated by the National Security Agency as Centers of Academic Excellence in Cyber Education.

(5) Citizens of the United States.

(Added Pub. L. 109–461, title IX, §903(a)(1), Dec. 22, 2006, 120 Stat. 3463; amended Pub. L. 115–91, div. A, title XVI, §1649(d)(4), Dec. 12, 2017, 131 Stat. 1753.)

Editorial Notes

Amendments

2017—Par. (4). Pub. L. 115–91 substituted "Cyber" for "Information Assurance".
38 U.S.C. § 1102 (2024) — Title 38: VETERANS' BENEFITS / Chapter 11 / Subchapter I / Section 1102: Special provisions relating to surviving spouses
Special provisions relating to surviving spouses
Status: in_force

(a) No compensation shall be paid to the surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran—

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

(2) for one year or more; or

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

(b) Subsection (a) shall not be applicable to any surviving spouse who, with respect to date of marriage, could have qualified as a surviving spouse for death compensation under any law administered by the Secretary in effect on December 31, 1957.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, §302; Pub. L. 86–491, June 8, 1960, 74 Stat. 161; Pub. L. 90–77, title I, §101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94–433, title IV, §404(2)–(4), Sept. 30, 1976, 90 Stat. 1378; renumbered §1102 and amended Pub. L. 102–83, §§4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 302 of this title as this section.

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

1976—Pub. L. 94–433, §404(4), substituted "surviving spouses" for "widows" in section catchline.

Subsec. (a). Pub. L. 94–433, §404(2), substituted "surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran" for "widow of a veteran under this chapter unless she was married to him".

Subsec. (b). Pub. L. 94–433, §404(3), substituted "surviving spouse" for "widow" in two places.

1967—Subsec. (a)(2), (3). Pub. L. 90–77 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth.

1960—Subsec. (a)(1). Pub. L. 86–491 substituted "fifteen years" for "ten years".

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

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

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.
38 U.S.C. § 1987 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter IV / Section 1987: Penalties
Penalties
Status: in_force

(a) Any person who shall knowingly make or cause to be made, or conspire, combine, aid, or assist in, agree to, arrange for, or in anywise procure the making or presentation of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper, or writing purporting to be such, concerning any application for insurance or reinstatement thereof, waiver of premiums or claim for benefits under National Service Life Insurance, United States Government life insurance, or yearly renewable term insurance for any person, shall be fined not more than $1,000, or be imprisoned for not more than one year, or both.

(b) Whoever in any claim for National Service Life Insurance, United States Government life insurance, or yearly renewable term insurance makes any sworn statement of a material fact knowing it to be false, shall be guilty of perjury and shall be fined not more than $5,000, or be imprisoned for not more than two years, or both.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1167, §787; Pub. L. 99–576, title VII, §701(47), Oct. 28, 1986, 100 Stat. 3294; renumbered §1987, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 787 of this title as this section.

1986—Subsec. (a). Pub. L. 99–576 substituted "any" for "himself or any other".
38 U.S.C. § 3022 (2024) — Title 38: VETERANS' BENEFITS / Chapter 30 / Subchapter III / Section 3022: Amount of supplemental educational assistance
Amount of supplemental educational assistance
Status: in_force

(a) The amount of payment of educational assistance under this chapter is subject to section 3032 of this title. Except as otherwise provided under subsection (b) of this section, supplemental educational assistance under section 3021 of this title shall be paid—

(1) at a monthly rate of $300 for an approved program of education pursued on a full-time basis; or

(2) at an appropriately reduced rate, as determined under regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time basis.

(b) In the case of a member of the Armed Forces for whom the Secretary concerned has provided for the payment of supplemental educational assistance who has a skill or specialty designated by the Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, as a skill or specialty in which there is a critical shortage of personnel, the Secretary concerned, pursuant to such regulations, may increase the rate of the supplemental educational assistance allowance applicable to such individual to such rate in excess of the rate prescribed under subsection (a) of this section as the Secretary concerned considers appropriate, but the amount of any such increase may not exceed $300 per month.

(Added Pub. L. 98–525, title VII, §702(a)(1), Oct. 19, 1984, 98 Stat. 2559, §1422; amended Pub. L. 100–689, title I, §111(a)(5)(B), Nov. 18, 1988, 102 Stat. 4171; Pub. L. 101–237, title IV, §423(b)(1)(A), (4)(C), Dec. 18, 1989, 103 Stat. 2092; renumbered §3022 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Prior Provisions

Prior section 3022 was renumbered section 5122 of this title.

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 1422 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "3032" for "1432" and "3021" for "1421" in introductory provisions.

1989—Subsec. (a)(2). Pub. L. 101–237, §423(b)(1)(A), substituted "Secretary" for "Administrator".

Subsec. (b). Pub. L. 101–237 inserted "of Defense" after third reference to "Secretary".

1988—Subsec. (a). Pub. L. 100–689 substituted "The amount of payment of educational assistance under this chapter is subject to section 1432 of this title. Except" for "Subject to section 1432 of this title and except".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 1, 1986, see section 702(b) of Pub. L. 98–525, set out as a note under section 3021 of this title.
38 U.S.C. § 3224 (2024) — Title 38: VETERANS' BENEFITS / Chapter 32 / Subchapter II / Section 3224: Death of participant
Death of participant
Status: in_force

In the event of a participant's death, the amount of such participant's unused contributions to the fund shall be paid to the living person or persons first listed below:

(1) The beneficiary or beneficiaries designated by such participant under such participant's Servicemembers' Group Life Insurance policy.

(2) The surviving spouse of the participant.

(3) The surviving child or children of the participant, in equal shares.

(4) The surviving parent or parents of the participant, in equal shares.

If there is no such person living, such amount shall be paid to such participant's estate.

(Added Pub. L. 94–502, title IV, §404, Oct. 15, 1976, 90 Stat. 2395, §1624; amended Pub. L. 96–466, title IV, §402, Oct. 17, 1980, 94 Stat. 2201; renumbered §3224, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title IV, §405(c)(2), Oct. 9, 1996, 110 Stat. 3340.)

Editorial Notes

Amendments

1996—Par. (1). Pub. L. 104–275 substituted "Servicemembers' Group" for "Servicemen's Group".

1991—Pub. L. 102–83 renumbered section 1624 of this title as this section.

1980—Pub. L. 96–466 expanded provisions to require payment of a participant's unused contributions to the fund to the surviving spouse, the surviving child or children, or to the surviving parent or parents before payment of such amount to the participant's estate.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Pub. L. 96–466, title VIII, §802(d)(2), Oct. 17, 1980, 94 Stat. 2218, provided that: "The amendments made by sections 402 through 406 [amending this section and sections 1622, 1631, and 1641 [now 3222, 3231, and 3241] of this title] shall become effective on October 1, 1980."

Effective Date

Section effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title.
38 U.S.C. § 3603 (2024) — Title 38: VETERANS' BENEFITS / Chapter 36 / Subchapter I / Section 3603: Continuation of educational assistance benefits for certain programs of education converted to distance learning by reason of emergency situations
Continuation of educational assistance benefits for certain programs of education converted to distance learning by reason of emergency situations
Status: in_force

In the case of a program of education approved by a State approving agency, or the Secretary when acting in the role of a State approving agency, that is converted from being offered on-site at an educational institution or training establishment to being offered by distance learning by reason of an emergency or health-related situation, as determined by the Secretary, the Secretary may continue to provide educational assistance under the laws administered by the Secretary without regard to such conversion, including with respect to paying any—

(1) monthly housing stipends under chapter 33 of this title; or

(2) payments or subsistence allowances under chapters 30, 31, 32, and 35 of this title and chapter 1606 of title 10.

(Added Pub. L. 117–333, §2(a)(2), Jan. 5, 2023, 136 Stat. 6123.)
38 U.S.C. § 1816 (2024) — Title 38: VETERANS' BENEFITS / Chapter 18 / Subchapter II / Section 1816: Regulations
Regulations
Status: in_force

The Secretary shall prescribe regulations for purposes of the administration of this subchapter.

(Added Pub. L. 106–419, title IV, §401(a), Nov. 1, 2000, 114 Stat. 1859.)

Editorial Notes

Prior Provisions

A prior section 1816 was renumbered sections 3732 and 3733 of this title.

Prior sections 1817 and 1817A were renumbered sections 3713 and 3714 of this title, respectively.

A prior section 1818, added Pub. L. 89–358, §5(a), Mar. 3, 1966, 80 Stat. 25; amended Pub. L. 91–506, §2(e), Oct. 23, 1970, 84 Stat. 1108; Pub. L. 93–569, §8(6), (7), Dec. 31, 1974, 88 Stat. 1866, 1867; Pub. L. 94–324, §4, June 30, 1976, 90 Stat. 720; Pub. L. 95–476, title I, §106(a), Oct. 18, 1978, 92 Stat. 1499; Pub. L. 97–72, title III, §303(g), Nov. 3, 1981, 95 Stat. 1060; Pub. L. 97–295, §4(66), Oct. 12, 1982, 96 Stat. 1310, related to service after Jan. 31, 1955, and prior to Aug. 5, 1964, or after May 7, 1975, prior to repeal by Pub. L. 100–322, title IV, §415(b)(3), May 20, 1988, 102 Stat. 551.

A prior section 1819 was renumbered section 3712 of this title.

A prior section 1820 was renumbered section 3720 of this title.
38 U.S.C. § 1954 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter II / Section 1954: Forfeiture
Forfeiture
Status: in_force

No yearly renewable term insurance or United States Government life insurance shall be payable for death inflicted as a lawful punishment for crime or military offense, except when inflicted by the enemy. In such cases the cash surrender value of United States Government life insurance, if any, on the date of such death shall be paid to the designated beneficiary if living, or if there be no designated beneficiary alive at the death of the insured the said value shall be paid to the estate of the insured.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1161, §754; renumbered §1954, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 754 of this title as this section.
38 U.S.C. § 8211 (2024) — Title 38: VETERANS' BENEFITS / Chapter 82 / Subchapter I / Section 8211: Declaration of purpose
Declaration of purpose
Status: in_force

The purpose of this subchapter is to authorize the Secretary to implement a pilot program under which the Secretary may provide assistance in the establishment of new State medical schools at colleges or universities which are primarily supported by the States in which they are located if such schools are located in proximity to, and operated in conjunction with, Department medical facilities.

(Added Pub. L. 92–541, §2(a), Oct. 24, 1972, 86 Stat. 1102, §5071; amended Pub. L. 94–581, title II, §210(f)(2), Oct. 21, 1976, 90 Stat. 2865; renumbered §8211, Pub. L. 102–40, title IV, §402(b)(2)(B), May 7, 1991, 105 Stat. 239; Pub. L. 102–83, §4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 5071 of this title as this section.

Pub. L. 102–83 substituted "Secretary" for "Administrator" in two places and substituted "Department" for "Veterans' Administration".

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. § 321 (2024) — Title 38: VETERANS' BENEFITS / Chapter 3 / Section 321: Office of Survivors Assistance
Office of Survivors Assistance
Status: in_force

(a) Establishment.—The Secretary shall establish in the Department an Office of Survivors Assistance (in this section referred to as the "Office") to serve as a resource regarding all benefits and services furnished by the Department—

(1) to survivors and dependents of deceased veterans; and

(2) to survivors and dependents of deceased members of the Armed Forces.

(b) Advisory Duties.—The Office shall serve as a primary advisor to the Secretary on all matters related to the policies, programs, legislative issues, and other initiatives affecting the survivors and dependents described in subsection (a).

(c) Guidance From Stakeholders.—In establishing the Office, the Secretary shall seek guidance from interested stakeholders.

(d) Resources.—The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Office to carry out its responsibilities.

(e) Inclusion of Information on Office in Annual Report on Department Activities.—The Secretary shall include in each annual Performance and Accountability report submitted by the Secretary to Congress a description of the activities of the Office during the fiscal year covered by such report.

(Added Pub. L. 110–389, title II, §222(a), Oct. 10, 2008, 122 Stat. 4156.)
38 U.S.C. § 7472 (2024) — Title 38: VETERANS' BENEFITS / Chapter 74 / Subchapter VI / Section 7472: Supervision and staffing of Centers
Supervision and staffing of Centers
Status: in_force

(a) Centers shall be operated under the supervision of the Under Secretary for Health and shall be staffed with personnel qualified to provide the highest quality instruction and training in various medical and health care disciplines.

(b) As a means of providing appropriate recognition to persons in the career service of the Administration who possess outstanding qualifications in a particular medical or health care discipline, the Under Secretary for Health shall from time to time and for such period as the Under Secretary for Health considers appropriate assign such persons to serve as visiting instructors at Centers.

(c) Whenever the Under Secretary for Health considers it necessary for the effective conduct of the program provided for under this subchapter, the Under Secretary for Health may contract for the services of highly qualified medical and health personnel from outside the Department to serve as instructors at such Centers.

(Added Pub. L. 102–40, title IV, §401(b)(5), May 7, 1991, 105 Stat. 237; amended Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 4122 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.

Amendments

1992—Pub. L. 102–405 substituted "Under Secretary for Health" for "Chief Medical Director" wherever appearing.
38 U.S.C. § 4331 (2024) — Title 38: VETERANS' BENEFITS / Chapter 43 / Subchapter IV / Section 4331: Regulations
Regulations
Status: in_force

(a) The Secretary (in consultation with the Secretary of Defense) may prescribe regulations implementing the provisions of this chapter with regard to the application of this chapter to States, local governments, and private employers.

(b)(1) The Director of the Office of Personnel Management (in consultation with the Secretary and the Secretary of Defense) may prescribe regulations implementing the provisions of this chapter with regard to the application of this chapter to Federal executive agencies (other than the agencies referred to in paragraph (2)) as employers. Such regulations shall be consistent with the regulations pertaining to the States as employers and private employers, except that employees of the Federal Government may be given greater or additional rights.

(2) The following entities may prescribe regulations to carry out the activities of such entities under this chapter:

(A) The Merit Systems Protection Board.

(B) The Office of Special Counsel.

(C) The agencies referred to in section 2302(a)(2)(C)(ii) of title 5.

(Added Pub. L. 103–353, §2(a), Oct. 13, 1994, 108 Stat. 3168; amended Pub. L. 109–233, title V, §503(14), June 15, 2006, 120 Stat. 417.)

Editorial Notes

Prior Provisions

A prior section 4331 was renumbered section 7631 of this title.

Amendments

2006—Subsec. (b)(2)(C). Pub. L. 109–233 substituted "section 2302(a)(2)(C)(ii)" for "section 2303(a)(2)(C)(ii)".

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, see section 8 of Pub. L. 103–353, set out as a note under section 4301 of this title.
38 U.S.C. § 8165 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter V / Section 8165: Use of proceeds
Use of proceeds
Status: in_force

(a)(1) Funds received by the Department under an enhanced-use lease and remaining after any deduction from those funds under subsection (b) shall, at the discretion of the Secretary, be deposited in—

(A) the Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of this title; or

(B) the Medical Facilities or Construction, Minor Projects account of the Department to be used to defray the costs of administration, maintenance, repair, and related expenses incurred by the Department with respect to property that is owned by or under the jurisdiction or control of the Department.

(2) Funds received by the Department from a disposal of leased property under section 8164 of this title shall be deposited into the Department of Veterans Affairs Construction, Major Projects account or Construction, Minor Projects account, as the Secretary considers appropriate.

(b) An amount sufficient to pay for any expenses incurred by the Secretary in any fiscal year in connection with an enhanced-use lease shall be deducted from the proceeds of the lease for that fiscal year and may be used by the Secretary to reimburse the account from which the funds were used to pay such expenses. The Secretary may use the proceeds from any enhanced-use lease to reimburse applicable appropriations of the Department for any expenses incurred in the development of additional enhanced-use leases.

(Added Pub. L. 102–86, title IV, §401(a), Aug. 14, 1991, 105 Stat. 421; amended Pub. L. 106–117, title II, §208(d), Nov. 30, 1999, 113 Stat. 1568; Pub. L. 107–217, §3(j)(6), Aug. 21, 2002, 116 Stat. 1301; Pub. L. 108–7, div. K, title I, §113(d)(1), Feb. 20, 2003, 117 Stat. 483; Pub. L. 108–170, title II, §202(c), Dec. 6, 2003, 117 Stat. 2048; Pub. L. 108–178, §4(i)(2), Dec. 15, 2003, 117 Stat. 2642; Pub. L. 108–422, title IV, §411(e)(4), Nov. 30, 2004, 118 Stat. 2390; Pub. L. 112—154, title II, §211(f), Aug. 6, 2012, 126 Stat. 1181; Pub. L. 117–168, title VII, §705(c), Aug. 10, 2022, 136 Stat. 1800.)

Editorial Notes

Amendments

2022—Subsec. (a)(1). Pub. L. 117–168 substituted "shall, at the discretion of the Secretary, be deposited in—" and subpars. (A) and (B) for "shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of this title."

2012—Subsec. (a)(2). Pub. L. 112–154 substituted "into the Department of Veterans Affairs Construction, Major Projects account or Construction, Minor Projects account, as the Secretary considers appropriate" for "in the Department of Veterans Affairs Capital Asset Fund established under section 8118 of this title".

2004—Subsec. (a)(2). Pub. L. 108–422 substituted "Department of Veterans Affairs Capital Asset Fund established under section 8118 of this title" for "nursing home revolving fund".

2003—Subsec. (a)(1). Pub. L. 108–7 substituted "Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of this title" for "Department of Veterans Affairs Health Services Improvement Fund established under section 1729B of this title".

Subsec. (a)(2). Pub. L. 108–170, §202(c)(1), struck out "and remaining after any deduction from such funds under the laws referred to in subsection (c)" after "title".

Subsec. (b). Pub. L. 108–170, §202(c)(2), inserted at end "The Secretary may use the proceeds from any enhanced-use lease to reimburse applicable appropriations of the Department for any expenses incurred in the development of additional enhanced-use leases."

Subsec. (c). Pub. L. 108–178 struck out comma after "of title 40".

Pub. L. 108–170, §202(c)(3), struck out subsec. (c) which read as follows: "Subsection (a) does not affect the applicability of subchapter IV of chapter 5 of title 40 with respect to reimbursement of the Administrator of General Services for expenses arising from any disposal of property under section 8164 of this title."

2002—Subsec. (c). Pub. L. 107–217 substituted "subchapter IV of chapter 5 of title 40" for "section 204 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485) or the Act of June 8, 1896 (40 U.S.C. 485a)".

1999—Subsec. (a)(1). Pub. L. 106–117 added par. (1) and struck out former par. (1) which read as follows: "Of the funds received by the Department under an enhanced-use lease and remaining after any deduction from such funds under subsection (b), 75 percent shall be deposited in the nursing home revolving fund established under section 8116 of this title and 25 percent shall be credited to the Medical Care Account of the Department for the use of the Department facility at which the property is located."

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.
38 U.S.C. § 3698A (2024) — Title 38: VETERANS' BENEFITS / Chapter 36 / Subchapter III / Section 3698A: Provision of certificates of eligibility and award letters using electronic means
Provision of certificates of eligibility and award letters using electronic means
Status: in_force

(a) Requirement.—Except as provided by subsection (b), the Secretary shall provide to an individual the following documents using electronic means:

(1) A certificate of eligibility for the entitlement of the individual to covered educational assistance.

(2) An award letter regarding the authorization of the individual to receive covered educational assistance.

(b) Election to Opt Out.—An individual may elect to receive the documents specified in subsection (a) by mail rather than through electronic means under subsection (a). An individual may revoke such an election at any time, by means prescribed by the Secretary.

(c) Covered Educational Assistance.—In this section, the term "covered educational assistance" means educational assistance under chapter 30, 33, or 35 of this title, or section 3699C of this title.

(Added Pub. L. 118–210, title II, §210(a), Jan. 2, 2025, 138 Stat. 2766.)
38 U.S.C. § 2068 (2024) — Title 38: VETERANS' BENEFITS / Chapter 20 / Subchapter VII / Section 2068: Mental health consultations
Mental health consultations
Status: in_force

(a) In General.—Not later than two weeks after the date on which a veteran described in subsection (b) enters into a program administered by the Homeless Programs Office of the Department, the Secretary shall offer the veteran a mental health consultation to assess the health needs of, and care options for, the veteran.

(b) Veteran Described.—A veteran described in this subsection is a veteran to whom a mental health consultation is not offered or provided through the case management services of the program of the Homeless Programs Office into which the veteran enters.

(Added Pub. L. 117–328, div. V, title IV, §404(b)(1), Dec. 29, 2022, 136 Stat. 5513.)
38 U.S.C. § 5505 (2024) — Title 38: VETERANS' BENEFITS / Chapter 55 / Section 5505: Repealed. Pub. L. 103-446, title XII, §1201(g)(4)(A), Nov. 2, 1994, 108 Stat. 4687
Repealed. Pub. L. 103-446, title XII, §1201(g)(4)(A), Nov. 2, 1994, 108 Stat. 4687
Status: repealed

[§5505. Repealed. Pub. L. 103–446, title XII, §1201(g)(4)(A), Nov. 2, 1994, 108 Stat. 4687]

Section, added Pub. L. 101–508, title VIII, §8001(a)(1), Nov. 5, 1990, 104 Stat. 1388–341, §3205; renumbered §5505, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238, related to limitation on compensation payments for certain incompetent veterans.
38 U.S.C. § 6101 (2024) — Title 38: VETERANS' BENEFITS / Chapter 61 / Section 6101: Misappropriation by fiduciaries
Misappropriation by fiduciaries
Status: in_force

(a) Whoever, being a fiduciary (as defined in section 5506 of this title) for the benefit of a minor, incompetent, or other beneficiary under laws administered by the Secretary, shall lend, borrow, pledge, hypothecate, use, or exchange for other funds or property, except as authorized by law, or embezzle or in any manner misappropriate any such money or property derived therefrom in whole or in part and coming into such fiduciary's control in any manner whatever in the execution of such fiduciary's trust, or under color of such fiduciary's office or service as such fiduciary, shall be fined in accordance with title 18, or imprisoned not more than five years, or both.

(b) Any willful neglect or refusal to make and file proper accountings or reports concerning such money or property as required by law shall be taken to be sufficient evidence prima facie of such embezzlement or misappropriation.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1239, §3501; Pub. L. 99–576, title VII, §701(82), Oct. 28, 1986, 100 Stat. 3298; renumbered §6101, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–54, §14(d)(7), June 13, 1991, 105 Stat. 286; Pub. L. 102–83, §4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. L. 103–446, title XII, §1201(e)(17), Nov. 2, 1994, 108 Stat. 4686; Pub. L. 108–454, title V, §501(c), Dec. 10, 2004, 118 Stat. 3618.)

Editorial Notes

Amendments

2004—Subsec. (a). Pub. L. 108–454, §501(c), substituted "fiduciary (as defined in section 5506 of this title) for the benefit of a minor, incompetent, or other beneficiary under laws administered by the Secretary," for "guardian, curator, conservator, committee, or person legally vested with the responsibility or care of a claimant or a claimant's estate, or any other person having charge and custody in a fiduciary capacity of money heretofore or hereafter paid under any of the laws administered by the Secretary for the benefit of any minor, incompetent, or other beneficiary,".

1994—Subsec. (a). Pub. L. 103–446 inserted a comma after "title 18".

1991—Pub. L. 102–40 renumbered section 3501 of this title as this section.

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

Pub. L. 102–54 amended subsec. (a) as in effect immediately before the enactment of Pub. L. 102–40 by substituting "in accordance with title 18" for "not more than $2,000".

1986—Subsec. (a). Pub. L. 99–576 substituted "a claimant's" for "his" before "estate", and "such fiduciary's" for "his" in three places.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–454 effective on the first day of the seventh month beginning after Dec. 10, 2004, see section 507(a) of Pub. L. 108–454, set out as an Effective Date of 2004 Amendment note under section 5312 of this title.
38 U.S.C. § 7282 (2024) — Title 38: VETERANS' BENEFITS / Chapter 72 / Subchapter III / Section 7282: Budget and expenditures
Budget and expenditures
Status: in_force

(a) The budget of the Court of Appeals for Veterans Claims as submitted by the Court for inclusion in the budget of the President for any fiscal year shall be included in that budget without review within the executive branch.

(b) The Court may make such expenditures (including expenditures for personal services and rent at the seat of Government and elsewhere, and for law books, books of reference, and periodicals) as may be necessary to execute efficiently the functions vested in the Court.

(c) All expenditures of the Court shall be allowed and paid upon presentation of itemized vouchers signed by the certifying officer designated by the chief judge. Except as provided in section 7285 of this title, all such expenditures shall be paid out of moneys appropriated for purposes of the Court.

(Added Pub. L. 100–687, div. A, title III, §301(a), Nov. 18, 1988, 102 Stat. 4118, §4082; renumbered §7282 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 105–368, title V, §512(a)(1), Nov. 11, 1998, 112 Stat. 3341.)

Editorial Notes

Amendments

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

1991—Pub. L. 102–40, §402(b)(1), renumbered section 4082 of this title as this section.

Subsec. (c). Pub. L. 102–40, §402(d)(1), substituted "7285" for "4085".

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.
38 U.S.C. § 5109A (2024) — Title 38: VETERANS' BENEFITS / Chapter 51 / Subchapter I / Section 5109A: Revision of decisions on grounds of clear and unmistakable error
Revision of decisions on grounds of clear and unmistakable error
Status: in_force

(a) A decision by the Secretary under this chapter is subject to revision on the grounds of clear and unmistakable error. If evidence establishes the error, the prior decision shall be reversed or revised.

(b) For the purposes of authorizing benefits, a rating or other adjudicative decision that constitutes a reversal or revision of a prior decision on the grounds of clear and unmistakable error has the same effect as if the decision had been made on the date of the prior decision.

(c) Review to determine whether clear and unmistakable error exists in a case may be instituted by the Secretary on the Secretary's own motion or upon request of the claimant.

(d) A request for revision of a decision of the Secretary based on clear and unmistakable error may be made at any time after that decision is made.

(e) Such a request shall be submitted to the Secretary and shall be decided in the same manner as any other claim.

(Added Pub. L. 105–111, §1(a)(1), Nov. 21, 1997, 111 Stat. 2271.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 105–111, §1(c)(1), Nov. 21, 1997, 111 Stat. 2272, provided that: "Sections 5109A and 7111 of title 38, United States Code, as added by this section, apply to any determination made before, on, or after the date of the enactment of this Act [Nov. 21, 1997]."
38 U.S.C. § 5308 (2024) — Title 38: VETERANS' BENEFITS / Chapter 53 / Section 5308: Withholding benefits of persons in territory of the enemy
Withholding benefits of persons in territory of the enemy
Status: in_force

(a) When any alien entitled to gratuitous benefits under laws administered by the Secretary is located in territory of, or under military control of, an enemy of the United States or of any of its allies, any award of such benefits in favor of such alien shall be terminated forthwith.

(b) Any alien whose award is terminated under subsection (a) shall not thereafter be entitled to any such gratuitous benefits except upon the filing of a new claim, accompanied by evidence satisfactory to the Secretary showing that such alien was not guilty of mutiny, treason, sabotage, or rendering assistance to such enemy. Except as provided in section 5309 of this title, such gratuitous benefits shall not be paid for any period before the date the new claim is filed.

(c) While such alien is located in territory of, or under military control of, an enemy of the United States or of any of its allies, the Secretary, in the Secretary's discretion, may apportion and pay any part of such benefits to the dependents of such alien. No dependent of such alien shall receive benefits by reason of this subsection in excess of the amount to which the dependent would be entitled if such alien were dead.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, §3108; Pub. L. 99–576, title VII, §701(74), Oct. 28, 1986, 100 Stat. 3297; renumbered §5308 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

Editorial Notes

Amendments

1991—Pub. L. 102–40, §402(b)(1), renumbered section 3108 of this title as this section.

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

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

Pub. L. 102–40, §402(d)(1), substituted "5309" for "3109".

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

1986—Subsec. (c). Pub. L. 99–576 substituted "the Administrator's" for "his" in first sentence, and "the dependent" for "he" in second sentence.
38 U.S.C. § 2105 (2024) — Title 38: VETERANS' BENEFITS / Chapter 21 / Section 2105: Nonliability of United States
Nonliability of United States
Status: in_force

The Government of the United States shall have no liability in connection with any housing unit, or necessary land therefor, or adaptation acquired under the provisions of this chapter.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, §805; Pub. L. 96–385, title III, §301(d), Oct. 7, 1980, 94 Stat. 1531; renumbered §2105, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Prior Provisions

Prior section 2105, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1224, related to administration of mustering-out payments provisions, prior to repeal by Pub. L. 89–50, §1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966.

Amendments

1991—Pub. L. 102–83 renumbered section 805 of this title as this section.

1980—Pub. L. 96–385 made the United States not liable for any adaptation in connection with any housing unit.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96–385, set out as a note under section 1114 of this title.
38 U.S.C. § 3697 (2024) — Title 38: VETERANS' BENEFITS / Chapter 36 / Subchapter III / Section 3697: Funding of contract educational and vocational counseling
Funding of contract educational and vocational counseling
Status: in_force

(a) Subject to subsection (b) of this section, educational or vocational counseling services obtained by the Department of Veterans Affairs by contract and provided to an individual under section 3697A of this title or to an individual applying for or receiving benefits under section 1524 or chapter 30, 32, 33, 34, or 35 of this title, or chapter 106 of title 10, shall be paid for out of funds appropriated, or otherwise available, to the Department of Veterans Affairs for payment of readjustment benefits.

(b) Payments under this section shall not exceed $6,000,000 in any fiscal year.

(Added Pub. L. 100–687, div. B, title XIII, §1302(a), Nov. 18, 1988, 102 Stat. 4127, §1797; amended Pub. L. 101–237, title IV, §423(b)(1)(B), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102–16, §2(b)(3), Mar. 22, 1991, 105 Stat. 49; renumbered §3697 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title VI, §609(a), Nov. 2, 1994, 108 Stat. 4673; Pub. L. 110–252, title V, §5003(b)(2)(A)(vi), June 30, 2008, 122 Stat. 2375.)

Editorial Notes

Amendments

2008—Subsec. (a). Pub. L. 110–252 inserted "33," after "32,".

1994—Subsec. (b). Pub. L. 103–446 substituted "$6,000,000" for "$5,000,000".

1991—Pub. L. 102–83, §5(a), renumbered section 1797 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "3697A" for "1797A" and "1524" for "524".

Pub. L. 102–16 inserted "under section 1797A of this title or to an individual" after "individual".

1989—Subsec. (a). Pub. L. 101–237 substituted "Department of Veterans Affairs" for "Veterans' Administration" wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–252 effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as a note under section 16163 of Title 10, Armed Forces.

Effective Date of 1994 Amendment

Pub. L. 103–446, title VI, §609(b), Nov. 2, 1994, 108 Stat. 4673, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1994."
38 U.S.C. § 7313 (2024) — Title 38: VETERANS' BENEFITS / Chapter 73 / Subchapter II / Section 7313: Advisory committees: affiliated institutions
Advisory committees: affiliated institutions
Status: in_force

(a) In each case where the Secretary has a contract or agreement with any school, institution of higher learning, medical center, hospital, or other public or nonprofit agency, institution, or organization for the training or education of health personnel, the Secretary shall establish an advisory committee to advise the Secretary and the Under Secretary for Health with respect to policy matters arising in connection with, and the operation of, the program with respect to which it was appointed. Such a committee may be a dean's committee, a medical advisory committee, or the like.

(b) Any such advisory committee may be established on an institution-wide, multi-disciplinary basis or on a regional basis whenever establishment on such a basis is found to be feasible.

(c) Members of each such advisory committee shall be appointed by the Secretary and shall include personnel of the Department (including appropriate representation from the full-time staff) and of the entity with which the Secretary has entered into the contract or agreement. The number of members, and terms of members, of each advisory committee shall be prescribed by the Secretary.

(d) The Secretary shall require that the Chief of the Nursing Service (or the designee of the Chief) at each Department health-care facility be included in the membership of each policymaking committee at that facility. Such committees include: (1) committees relating to matters such as budget, education, position management, clinical executive issues, planning, and resource allocation, and (2) the dean's committee or other advisory committee established under subsection (a).

(Added Pub. L. 102–40, title IV, §401(a)(3), May 7, 1991, 105 Stat. 216; amended Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

Editorial Notes

Amendments

1992—Subsec. (a). Pub. L. 102–405 substituted "Under Secretary for Health" for "Chief Medical Director".
38 U.S.C. § 5319 (2024) — Title 38: VETERANS' BENEFITS / Chapter 53 / Section 5319: Limitations on access to financial records
Limitations on access to financial records
Status: in_force

(a) The Secretary may make a request referred to in section 1113(p) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3413(p)) only if the Secretary determines that the requested information—

(1) is necessary in order for the Secretary to administer the provisions of law referred to in that section; and

(2) cannot be secured by a reasonable search of records and information of the Department.

(b) The Secretary shall include a certification of the determinations referred to in subsection (a) in each request presented to a financial institution.

(c) Information disclosed pursuant to a request referred to in subsection (a) may be used solely for the purpose of the administration of benefits programs under laws administered by the Secretary if, except for the exemption in subsection (a), the disclosure of that information would otherwise be prohibited by any provision of the Right to Financial Privacy Act of 1978.

(Added Pub. L. 102–568, title VI, §603(b)(1), Oct. 29, 1992, 106 Stat. 4342.)

Editorial Notes

References in Text

The Right to Financial Privacy Act of 1978, referred to in subsec. (c), is title XI of Pub. L. 95–630, Nov. 10, 1978, 92 Stat. 3697, which is classified generally to chapter 35 (§3401 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 3401 of Title 12 and Tables.
38 U.S.C. § 5126 (2024) — Title 38: VETERANS' BENEFITS / Chapter 51 / Subchapter III / Section 5126: Benefits not to be denied based on lack of mailing address
Benefits not to be denied based on lack of mailing address
Status: in_force

Benefits under laws administered by the Secretary may not be denied a claimant on the basis that the claimant does not have a mailing address.

(Added Pub. L. 106–475, §3(b), Nov. 9, 2000, 114 Stat. 2098.)
38 U.S.C. § 1726 (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter III / Section 1726: Reimbursement for loss of personal effects by natural disaster
Reimbursement for loss of personal effects by natural disaster
Status: in_force

The Secretary shall, under regulations which the Secretary shall prescribe, reimburse veterans in Department hospitals and domiciliaries for any loss of personal effects sustained by fire, earthquake, or other natural disaster while such effects were stored in designated locations in Department hospitals or domiciliaries.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1144, §627; Pub. L. 93–82, title I, §105, Aug. 2, 1973, 87 Stat. 183; Pub. L. 94–581, title II, §210(a)(12), Oct. 21, 1976, 90 Stat. 2863; renumbered §1726 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

Prior Provisions

Prior section 1726, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1197, provided for control by agencies of United States, prior to repeal by Pub. L. 89–358, §3(a)(3), Mar. 3, 1966, 80 Stat. 20. See section 3689 of this title.

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 626 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 two places.

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

1973—Pub. L. 93–82 substituted "natural disaster" for "fire" in section catchline and extended reimbursement provisions to earthquake and other natural disasters also.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

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

Effective Date of 1973 Amendment

Amendment by Pub. L. 93–82 effective Jan. 1, 1971, see section 501 of Pub. L. 93–82, set out as a note under section 1701 of this title.
38 U.S.C. § 3477 (2024) — Title 38: VETERANS' BENEFITS / Chapter 34 / Subchapter III / Section 3477: Vacant
Vacant
Status: vacant

[§§3477, 3478. Vacant]

Editorial Notes

Codification

Prior to renumbering of sections 1651 to 1693 of this chapter as sections 3451 to 3493 by Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406, sections 1677 and 1678 of this chapter were repealed.

Section 1677, added Pub. L. 90–77, title III, §302(b), Aug. 31, 1967, 81 Stat. 185; Pub. L. 90–631, §5, Oct. 23, 1968, 82 Stat. 1335; Pub. L. 91–219, title I, §102, title II, §203, Mar. 26, 1970, 84 Stat. 76, 78; Pub. L. 92–540, title I, §102(1), title IV, §401(3), Oct. 24, 1972, 86 Stat. 1075, 1090; Pub. L. 93–508, title I, §102(1), Dec. 3, 1974, 88 Stat. 1579; Pub. L. 93–602, title II, §203(a), Jan. 2, 1975, 88 Stat. 1958; Pub. L. 95–202, title I, §102(1), Nov. 23, 1977, 91 Stat. 1433; Pub. L. 96–466, title II, §§201(1), 211(1), title VI, §603(a), Oct. 17, 1980, 94 Stat. 2187, 2189, 2209, which set forth provisions respecting eligibility, approval, etc., for flight training, was repealed by Pub. L. 97–35, title XX, §§2003(b)(3)(A), 2006, Aug. 13, 1981, 95 Stat. 782, 783, effective Oct. 1, 1981, except as otherwise provided for persons receiving educational assistance.

Section 1678, added Pub. L. 90–77, title III, §306(a), Aug. 31, 1967, 81 Stat. 188, which related to special training for educationally disadvantaged, was repealed by Pub. L. 91–219, title II, §204(a)(2), Mar. 26, 1970, 84 Stat. 79.
38 U.S.C. § 8173 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter VI / Section 8173: Information technology activities of the Financial Services Center
Information technology activities of the Financial Services Center
Status: in_force

(a) Management.—Consistent with sections 11302 and 11319 of title 40—

(1) the Chief Information Officer of the Department shall—

(A) exercise authority over the management, governance, and oversight processes relating to existing or proposed information technology of the Financial Services Center of the Department, or such successor office; and

(B) supervise the information technology employees and contractors of the Financial Services Center; and

(2) the Director of the Financial Services Center of the Department, or the head of such successor office, may not enter into a contract or other agreement for information technology or information technology services unless the contract or other agreement has been reviewed and approved by the Chief Information Officer.

(b) Oversight.—The Chief Information Officer shall have oversight and operational authority over all information security practices of the Financial Services Center of the Department.

(Added Pub. L. 117–328, div. U, title IV, §403(a), Dec. 29, 2022, 136 Stat. 5488.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 117–328, div. U, title IV, §403(d), Dec. 29, 2022, 136 Stat. 5490, provided that:

"(1) Effective date.—Section 8173 of such title, as added by subsection (a), shall take effect on the date of the enactment of this Act [Dec. 29, 2022].

"(2) Applicability.—Subsection (a)(2) of such section shall apply with respect to contracts and agreements entered into on or after the date of the enactment of this Act."
38 U.S.C. § 1120 (2024) — Title 38: VETERANS' BENEFITS / Chapter 11 / Subchapter II / Section 1120: Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins
Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins
Status: in_force

(a) Presumption of Service Connection.—For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) becoming manifest in a covered veteran shall be considered to have been incurred in or aggravated during active military, naval, air, or space service, notwithstanding that there is no record of evidence of such disease during the period of such service.

(b) Diseases Specified.—The diseases specified in this subsection are the following:

(1) Asthma that was diagnosed after service of the covered veteran as specified in subsection (c).

(2) The following types of cancer:

(A) Head cancer of any type.

(B) Neck cancer of any type.

(C) Respiratory cancer of any type.

(D) Gastrointestinal cancer of any type.

(E) Reproductive cancer of any type.

(F) Lymphoma cancer of any type.

(G) Kidney cancer.

(H) Brain cancer.

(I) Melanoma.

(J) Pancreatic cancer.

(3) Chronic bronchitis.

(4) Chronic obstructive pulmonary disease.

(5) Constrictive bronchiolitis or obliterative bronchiolitis.

(6) Emphysema.

(7) Granulomatous disease.

(8) Interstitial lung disease.

(9) Pleuritis.

(10) Pulmonary fibrosis.

(11) Sarcoidosis.

(12) Chronic sinusitis.

(13) Chronic rhinitis.

(14) Glioblastoma.

(15) Any other disease for which the Secretary determines, pursuant to regulations prescribed under subchapter VII that a presumption of service connection is warranted based on a positive association with a substance, chemical, or airborne hazard identified in the list under section 1119(b)(2) of this title.

(c) Covered Veteran Defined.—In this section, the term "covered veteran" has the meaning given that term in section 1119(c) of this title.

(Added Pub. L. 117–168, title IV, §406(b), Aug. 10, 2022, 136 Stat. 1784; amended Pub. L. 117–263, div. E, title LI, §5124(a), Dec. 23, 2022, 136 Stat. 3211.)

Editorial Notes

Amendments

2022—Subsec. (b)(2)(G) to (K). Pub. L. 117–263 redesignated subpars. (H) to (K) as (G) to (J), respectively, and struck out former subpar. (G) which read as follows: "Lymphomatic cancer of any type."

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–263, div. E, title LI, §5124(d), Dec. 23, 2022, 136 Stat. 3211, provided that: "The amendments made by this section [amending this section and sections 8103 and 8104 of this title] shall take effect as if included in the enactment of the Honoring our PACT Act of 2022 (Public Law 117–168)."

Effective Date

Pub. L. 117–168, title IV, §406(d), Aug. 10, 2022, 136 Stat. 1784, provided that: "The amendments made by this section [enacting this section and amending section 1113 of this title] shall take effect on the date of the enactment of this Act [Aug. 10, 2022] and shall apply as follows:

"(1) On the date of the enactment of this Act for claimants for dependency and indemnity compensation under chapter 13 of title 38, United States Code, and veterans whom the Secretary of Veterans Affairs determines are—

"(A) terminally ill;

"(B) homeless;

"(C) under extreme financial hardship;

"(D) more than 85 years old; or

"(E) capable of demonstrating other sufficient cause.

"(2) On the date of the enactment of this Act for everyone not described in paragraph (1), with respect to paragraphs (1), (2)(C), (2)(I) [now (2)(H)], (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14), of section 1120(b) of title 38, United States Code, as added by subsection (b).

"(3) On October 1, 2023, for everyone not described in paragraph (1), with respect to paragraphs (3) and (4) of section 1120(b) of such title, as so added.

"(4) On October 1, 2024, for everyone not described in paragraph (1), with respect to subparagraphs (A), (B), (D), (E), (F), [former] (G), and (K) [now (J)] of section 1120(b)(2) of such title, as so added.

"(5) On October 1, 2025, for everyone not described in paragraph (1), with respect to subparagraphs (H) [now (G)] and (J) [now (I)] of section 1120(b)(2) of such title, as so added."
38 U.S.C. § 1167_2 (2024) — Title 38: VETERANS' BENEFITS / Chapter 11 / Subchapter VI / Section 1167_2: 1167.1 Mental health consultations
1167.1 Mental health consultations
Status: in_force

(a) In General.—Not later than 30 days after the date on which a veteran submits to the Secretary a claim for compensation under this chapter for a service-connected disability relating to a mental health diagnosis, the Secretary shall offer the veteran a mental health consultation to assess the mental health needs of, and care options for, the veteran.

(b) Availability.—The Secretary shall—

(1) offer a veteran a consultation under subsection (a) without regard to any previous denial or approval of a claim of that veteran for a service-connected disability relating to a mental health diagnosis; and

(2) ensure that a veteran offered a mental health consultation under subsection (a) may elect to receive such consultation during the one-year period beginning on the date on which the consultation is offered or during such longer period beginning on such date as the Secretary considers appropriate.

(c) Rule of Construction.—A consultation provided to a veteran under this section shall not be construed as a determination that any disability of such veteran is service-connected for the purposes of any benefit under the laws administered by the Secretary.

(Added Pub. L. 117–328, div. V, title IV, §404(a)(1), Dec. 29, 2022, 136 Stat. 5512.)

1 Another section 1167 is set out preceding section 1168.
38 U.S.C. § 1955 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter II / Section 1955: United States Government Life Insurance Fund
United States Government Life Insurance Fund
Status: in_force

(a) All premiums paid on account of United States Government life insurance shall be deposited and covered into the Treasury to the credit of the United States Government Life Insurance Fund and shall be available for the payment of losses, dividends, refunds, and other benefits provided for under such insurance, including such liabilities as shall have been or shall hereafter be reduced to judgment in a district court of the United States or the United States District Court for the District of Columbia, and for the reimbursement of administrative costs under subsection (c). Payments from this fund shall be made upon and in accordance with awards by the Secretary.

(b) The Secretary is authorized to set aside out of the funds so collected such reserve funds as may be required, under accepted actuarial principles, to meet all liabilities under such insurance; and the Secretary of the Treasury is authorized to invest and reinvest the said United States Government Life Insurance Fund, or any part thereof, in interest-bearing obligations of the United States or bonds of the Federal farm-loan banks and to sell said obligations of the United States or the bonds of the Federal farm-loan banks for the purposes of such Fund.

(c)(1) For each fiscal year for which this subsection is in effect, the Secretary shall, from the United States Government Life Insurance Fund, reimburse the "General operating expenses" account of the Department for the amount of administrative costs determined under paragraph (2) for that fiscal year. Such reimbursement shall be made from any surplus earnings for that fiscal year that are available for dividends on such insurance after claims have been paid and actuarially determined reserves have been set aside. However, if the amount of such administrative costs exceeds the amount of such surplus earnings, such reimbursement shall be made only to the extent of such surplus earnings.

(2) The Secretary shall determine the administrative costs to the Department for a fiscal year for which this subsection is in effect which, in the judgment of the Secretary, are properly allocable to the provision of United States Government Life Insurance (and to the provision of any total disability income insurance added to the provision of such insurance).

(3) This subsection shall be in effect only with respect to fiscal year 1996.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1161, §755; renumbered §1955 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 104–99, title II, §201(b), Jan. 26, 1996, 110 Stat. 36.)

Editorial Notes

Codification

Amendment by Pub. L. 104–99 is based on section 107(3) of H.R. 2099, One Hundred Fourth Congress, as passed by the House of Representatives on Dec. 7, 1995, which was enacted into law by Pub. L. 104–99.

Amendments

1996—Subsec. (a). Pub. L. 104–99 inserted ", and for the reimbursement of administrative costs under subsection (c)" after "District of Columbia".

Subsec. (c). Pub. L. 104–99 added subsec. (c).

1991—Pub. L. 102–83 renumbered section 755 of this title as this section and substituted "Secretary" for "Administrator" in subsecs. (a) and (b).
38 U.S.C. § 7411 (2024) — Title 38: VETERANS' BENEFITS / Chapter 74 / Subchapter I / Section 7411: Full-time board-certified physicians and dentists: reimbursement of continuing professional education expenses
Full-time board-certified physicians and dentists: reimbursement of continuing professional education expenses
Status: in_force

The Secretary shall reimburse any full-time board-certified physician or dentist appointed under section 7401(1) of this title for expenses incurred, up to $1,000 per year, for continuing professional education.

(Added Pub. L. 102–40, title I, §103(a)[(1)], May 7, 1991, 105 Stat. 199.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 102–40, title I, §103(b), May 7, 1991, 105 Stat. 199, provided that: "Section 7411 of title 38, United States Code, as added by subsection (a), shall apply with respect to expenses incurred for continuing professional education that is pursued after September 30, 1991."
38 U.S.C. § 8301 (2024) — Title 38: VETERANS' BENEFITS / Chapter 83 / Section 8301: Authority to accept gifts, devises, and bequests
Authority to accept gifts, devises, and bequests
Status: in_force

The Secretary may accept devises, bequests, and gifts, made in any manner, with respect to which the testator or donor shall have indicated the intention that such property shall be for the benefit of groups of persons formerly in the active military, naval, air, or space service who by virtue of such service alone, or disability suffered therein or therefrom, are or shall be patients or members of any one or more hospitals or homes operated by the United States Government, or has indicated the intention that such property shall be for the benefit of any such hospital or home, or shall be paid or delivered to any official, as such, or any agency in administrative control thereof. The Secretary may also accept, for use in carrying out all laws administered by the Secretary, gifts, devises, and bequests which will enhance the Secretary's ability to provide services or benefits.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1254, §5101; Pub. L. 99–576, title VII, §701(89), Oct. 28, 1986, 100 Stat. 3299; renumbered §8301, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102–86, title V, §504, Aug. 14, 1991, 105 Stat. 426; Pub. L. 116–283, div. A, title IX, §926(a)(61), Jan. 1, 2021, 134 Stat. 3831.)

Editorial Notes

Amendments

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

1991—Pub. L. 102–40 renumbered section 5101 of this title as this section.

Pub. L. 102–86 inserted at end "The Secretary may also accept, for use in carrying out all laws administered by the Secretary, gifts, devises, and bequests which will enhance the Secretary's ability to provide services or benefits."

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

1986—Pub. L. 99–576 substituted "the" for "his" before "intention" in two places.
38 U.S.C. § 3562 (2024) — Title 38: VETERANS' BENEFITS / Chapter 35 / Subchapter VI / Section 3562: Nonduplication of benefits
Nonduplication of benefits
Status: in_force

The commencement of a program of education or special restorative training under this chapter shall be a bar (1) to subsequent payments of compensation, dependency and indemnity compensation, or pension based on the death of a parent to an eligible person over the age of eighteen by reason of pursuing a course in an educational institution, or (2) to increased rates, or additional amounts, of compensation, dependency and indemnity compensation, or pension because of such a person whether eligibility is based upon the death or upon the total permanent disability of the parent.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1201, §1762; Pub. L. 88–361, §4, July 7, 1964, 78 Stat. 298; Pub. L. 89–358, §3(a)(2), Mar. 3, 1966, 80 Stat. 20; renumbered §3562, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 1762 of this title as this section.

1966—Pub. L. 89–358 redesignated former subsec. (a) as the entire section and deleted former subsec. (b) which prohibited payment of educational assistance allowance or special training allowance on behalf of any eligible person for any period paid for under other provision of law where the payment would constitute a duplication of benefits and which is now incorporated in section 1781 of this title.

1964—Subsec. (a). Pub. L. 88–361 inserted "whether eligibility is based upon the death or upon the total permanent disability of the parent".
38 U.S.C. § 7901 (2024) — Title 38: VETERANS' BENEFITS / Chapter 79 / Section 7901: Programs; purpose
Programs; purpose
Status: in_force

(a) In General.—To encourage the recruitment and retention of Department personnel who have the information security skills necessary to meet Department requirements, the Secretary may carry out programs in accordance with this chapter to provide financial support for education in computer science and electrical and computer engineering at accredited institutions of higher education.

(b) Types of Programs.—The programs authorized under this chapter are as follows:

(1) Scholarships for pursuit of doctoral degrees in computer science and electrical and computer engineering at accredited institutions of higher education.

(2) Education debt reduction for Department personnel who hold doctoral degrees in computer science and electrical and computer engineering at accredited institutions of higher education.

(Added Pub. L. 109–461, title IX, §903(a)(1), Dec. 22, 2006, 120 Stat. 3460.)
38 U.S.C. § 1175 (2024) — Title 38: VETERANS' BENEFITS / Chapter 11 / Subchapter VII / Section 1175: Authority to modify process; congressional oversight
Authority to modify process; congressional oversight
Status: in_force

(a) In General.—The Secretary may modify the process under which the working group established under subsection (b) of section 1172 of this title conducts assessments under such section, the Secretary conducts formal evaluations under section 1173 of this title, and issues regulations under section 1174 of this title if—

(1) such evaluations cover the evidence, data, and factors required by subsection (b) of such section 1173; and

(2) a period of 180 days has elapsed following the date on which the Secretary submits the notice under subsection (b) regarding the modification.

(b) Notice.—If the Secretary proposes to modify the process under which the working group established under subsection (b) of section 1172 of this title conducts assessments under such section, the process under which the Secretary conducts formal evaluations under section 1173 of this title, or issues regulations under section 1174 of this title, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a notice of the proposed modifications containing the following:

(1) A description of the proposed modifications.

(2) A description of any exceptions to the requirements of such sections that are proposed because of limited available scientific evidence, and a description of how such evaluations will be conducted.

(Added Pub. L. 117–168, title II, §202(a), Aug. 10, 2022, 136 Stat. 1771.)
38 U.S.C. § 2414 (2024) — Title 38: VETERANS' BENEFITS / Chapter 24 / Section 2414: Communication between Department of Veterans Affairs and medical examiners and funeral directors
Communication between Department of Veterans Affairs and medical examiners and funeral directors
Status: in_force

(a) Required Information.—With respect to each deceased veteran described in subsection (b) who is transported to a national cemetery for burial, the Secretary shall ensure that the local medical examiner, funeral director, county service group, or other entity responsible for the body of the deceased veteran before such transportation submits to the Secretary the following information:

(1) Whether the deceased veteran was cremated.

(2) The steps taken to ensure that the deceased veteran has no next of kin.

(b) Deceased Veteran Described.—A deceased veteran described in this subsection is a deceased veteran—

(1) with respect to whom the Secretary determines that there is no next of kin or other person claiming the body of the deceased veteran; and

(2) who does not have sufficient resources for the furnishing of a casket or urn for the burial of the deceased veteran in a national cemetery, as determined by the Secretary.

(Added Pub. L. 112–260, title I, §103(a), Jan. 10, 2013, 126 Stat. 2419.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 112–260, title I, §103(c), Jan. 10, 2013, 126 Stat. 2420, provided that: "Section 2414 of title 38, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act [Jan. 10, 2013] and shall apply with respect to deaths occurring on or after the date that is 180 days after the date of the enactment of this Act."
38 U.S.C. § 5721 (2024) — Title 38: VETERANS' BENEFITS / Chapter 57 / Subchapter III / Section 5721: Purpose
Purpose
Status: in_force

The purpose of the Information Security Program is to establish a program to provide security for Department information and information systems commensurate to the risk of harm, and to communicate the responsibilities of the Secretary, Under Secretaries, Assistant Secretaries, other key officials, Assistant Secretary for Information and Technology, Associate Deputy Assistant Secretary for Cyber and Information Security, and Inspector General of the Department of Veterans Affairs as outlined in the provisions of subchapter III of chapter 35 of title 44 (also known as the "Federal Information Security Management Act of 2002", which was enacted as part of the E-Government Act of 2002 (Public Law 107–347)).

(Added Pub. L. 109–461, title IX, §902(a), Dec. 22, 2006, 120 Stat. 3450.)

Editorial Notes

References in Text

The Federal Information Security Management Act of 2002, referred to in text, is the statutory short title for title III of Pub. L. 107–347, Dec. 17, 2002, 116 Stat. 2946, and for title X of Pub. L. 107–296, Nov. 25, 116 Stat. 2259. For complete classification of these Acts to the Code, see Short Title of 2002 Amendments note set out under section 101 of Title 44, Public Printing and Documents, Short Title note set out under section 101 of Title 6, Domestic Security, and Tables.

The E-Government Act of 2002, referred to in text, is Pub. L. 107–347, Dec. 17, 2002, 116 Stat. 2899. For complete classification of this Act to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 109–461, title IX, §902(c), Dec. 22, 2006, 120 Stat. 3460, provided that: "Not later than one year after the date of the enactment of this Act [Dec. 22, 2006], the Secretary of Veterans Affairs shall prescribe regulations to carry out subchapter III of chapter 57 of title 38, United States Code, as added by subsection (a)."
38 U.S.C. § 7471 (2024) — Title 38: VETERANS' BENEFITS / Chapter 74 / Subchapter VI / Section 7471: Designation of Regional Medical Education Centers
Designation of Regional Medical Education Centers
Status: in_force

(a) In carrying out the Secretary's functions under section 7302 of this title with regard to the training of health personnel, the Secretary shall implement a program under which the Secretary shall designate as Regional Medical Education Centers such Department hospitals as the Secretary determines appropriate to carry out the provisions of this subchapter.

(b) Each Regional Medical Education Center (hereinafter in this subchapter referred to as "Center") designated under subsection (a) shall provide continuing medical and related education programs for personnel eligible for training under this subchapter. Such programs shall include the following:

(1) The teaching of newly developed medical skills and the use of newly developed medical technologies and equipment.

(2) Advanced clinical instruction.

(3) The opportunity for conducting clinical investigations.

(4) Clinical demonstrations in the use of new types of health personnel and in the better use of the skills of existing health personnel.

(5) Routine verification of basic medical skills and, where determined necessary, remediation of any deficiency in such skills.

(Added Pub. L. 102–40, title IV, §401(b)(5), May 7, 1991, 105 Stat. 237.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 4121 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.
38 U.S.C. § 2063 (2024) — Title 38: VETERANS' BENEFITS / Chapter 20 / Subchapter VII / Section 2063: Employment assistance
Employment assistance
Status: in_force

The Secretary may authorize homeless veterans receiving care through vocational rehabilitation programs to participate in the compensated work therapy program under section 1718 of this title.

(Added Pub. L. 107–95, §5(a)(1), Dec. 21, 2001, 115 Stat. 914.)
38 U.S.C. § 1771 (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter VII / Section 1771: Renumbered §§2031 to 2034
Renumbered §§2031 to 2034
Status: renumbered

[§§1771 to 1774. Renumbered §§2031 to 2034]

Editorial Notes

Codification

Former subchapter VII of chapter 17, which consisted of sections 1771 to 1774, was renumbered subchapter IV of chapter 20 of this title and transferred to follow section 2023 of this title, and sections 1771 to 1774 were renumbered sections 2031 to 2034 of this title, respectively.

A prior subchapter VII of this chapter, consisting of sections 1761 to 1764 of this title, related to preventive health care services pilot program, prior to repeal by Pub. L. 102–585, title V, §514(a), Nov. 4, 1992, 106 Stat. 4958.

Other prior sections 1771 to 1774 were renumbered sections 3671 to 3674 of this title, respectively.

Prior sections 1775 to 1777 were renumbered sections 3675 to 3677 of this title, respectively.

Another prior section 1777 was renumbered section 1778 of this title.

Prior section 1778 was renumbered section 3678 of this title.

Another prior section 1778 was renumbered section 1779 of this title.

Prior sections 1779 and 1780 were renumbered sections 3679 and 3680 of this title, respectively.
38 U.S.C. § 1832 (2024) — Title 38: VETERANS' BENEFITS / Chapter 18 / Subchapter IV / Section 1832: Applicability of certain administrative provisions
Applicability of certain administrative provisions
Status: in_force

(a) Applicability of Certain Provisions Relating to Compensation.—The provisions of this title specified in subsection (b) apply with respect to benefits and assistance under this chapter in the same manner as those provisions apply to compensation paid under chapter 11 of this title.

(b) Specified Provisions.—The provisions of this title referred to in subsection (a) are the following:

(1) Section 5101(c).

(2) Subsections (a), (b)(3), (g), and (i) of section 5110.

(3) Section 5111.

(4) Subsection (a) and paragraphs (1), (6), (9), and (10) of subsection (b) of section 5112.

(Added Pub. L. 106–419, title IV, §401(b), Nov. 1, 2000, 114 Stat. 1859, §1822; renumbered §1832, Pub. L. 108–183, title I, §102(a)(1), Dec. 16, 2003, 117 Stat. 2653; amended Pub. L. 114–58, title VI, §601(8), Sept. 30, 2015, 129 Stat. 538.)

Editorial Notes

Prior Provisions

A prior section 1832 was renumbered section 3732 of this title.

Another prior section 1832 was renumbered section 3733(d) of this title.

Amendments

2015—Subsec. (b)(2). Pub. L. 114–58 substituted "(b)(3)" for "(b)(2)".

2003—Pub. L. 108–183 renumbered section 1822 of this title as this section.
38 U.S.C. § 1963 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter II / Section 1963: Authority for payment of interest on settlements
Authority for payment of interest on settlements
Status: in_force

(a) Subject to subsection (b) of this section, the Secretary may pay interest on the proceeds of a United States Government Life Insurance policy from the date the policy matures to the date of payment of the proceeds to the beneficiary or, in the case of an endowment policy, to the policyholder.

(b)(1) The Secretary may pay interest under subsection (a) of this section only if the Secretary determines that the payment of such interest is administratively and actuarially sound for the settlement option involved.

(2) Interest paid under subsection (a) shall be at the rate that is established by the Secretary for dividends held on credit or deposit in policyholders' accounts.

(Added Pub. L. 100–687, div. B, title XIV, §1401(a)(2), Nov. 18, 1988, 102 Stat. 4128, §763; renumbered §1963 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 763 of this title as this section and substituted "Secretary" for "Administrator" wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective with respect to insurance policies maturing after Nov. 18, 1988, see section 1401(a)(3) of Pub. L. 100–687, set out as a note under section 1928 of this title.
38 U.S.C. § 1560 (2024) — Title 38: VETERANS' BENEFITS / Chapter 15 / Subchapter IV / Section 1560: Repealed. Pub. L. 113-66, div. A, title V, §563(c)(1), Dec. 26, 2013, 127 Stat. 768
Repealed. Pub. L. 113-66, div. A, title V, §563(c)(1), Dec. 26, 2013, 127 Stat. 768
Status: repealed

[§§1560, 1561. Repealed. Pub. L. 113–66, div. A, title V, §563(c)(1), Dec. 26, 2013, 127 Stat. 768]

Section 1560, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1139, §560; Pub. L. 87–138, §1, Aug. 14, 1961, 75 Stat. 338; Pub. L. 88–77, §5(1), July 25, 1963, 77 Stat. 95; Pub. L. 88–651, Oct. 13, 1964, 78 Stat. 1078; Pub. L. 89–311, §4, Oct. 31, 1965, 79 Stat. 1156; Pub. L. 91–24, §5, June 11, 1969, 83 Stat. 33; Pub. L. 94–169, title I, §106(41), Dec. 23, 1975, 89 Stat. 1019; renumbered §1560 and amended Pub. L. 102–83, §§4(b)(4)(A), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 405, 406; Pub. L. 107–296, title XVII, §1704(d), Nov. 25, 2002, 116 Stat. 2315, related to persons eligible for Medal of Honor Roll.

Section 1561, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1139, §561; Pub. L. 87–138, §2(a), Aug. 14, 1961, 75 Stat. 338; Pub. L. 88–77, §5(2), July 25, 1963, 77 Stat. 95; Pub. L. 94–169, title I, §106(42), (43), Dec. 23, 1975, 89 Stat. 1019; renumbered §1561 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406, related to certificates issued to persons on the Medal of Honor Roll.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal applicable with respect to Medals of Honor awarded on or after Dec. 26, 2013, see section 563(d) of Pub. L. 113–66, set out as an Effective Date note under section 1134a of Title 10, Armed Forces.
38 U.S.C. § 5309 (2024) — Title 38: VETERANS' BENEFITS / Chapter 53 / Section 5309: Payment of certain withheld benefits
Payment of certain withheld benefits
Status: in_force

(a) Any person who, but for section 5308 of this title, was entitled to benefits under any of the laws administered by the Secretary, whose award of benefits was terminated under such section, or whose benefits were not paid pursuant to sections 3329 and 3330 of title 31, and who was not guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the United States or its allies, shall be paid the full amount of any benefits not paid because of such section 5308, or withheld (including the amount of any checks covered on such person's account into the Treasury as miscellaneous receipts together with any amount to such person's credit in the special-deposit account) pursuant to sections 3329 and 3330 of title 31. The Secretary shall certify to the Secretary of the Treasury the amounts of payments which, but for this section, would have been made from the special deposit account, and the Secretary of the Treasury, as directed by the Secretary, shall reimburse the appropriations of the Department from such special deposit account, or cover into the Treasury as miscellaneous receipts the amounts so certified.

(b) No payments shall be made for any period before the date claim therefor is filed under this section to any person whose award was terminated, or whose benefits were not paid, before July 1, 1954, because such person was a citizen or subject of Germany or Japan residing in Germany or Japan.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1232, §3109; Pub. L. 97–258, §3(k)(4), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 99–576, title VII, §701(75), Oct. 28, 1986, 100 Stat. 3297; renumbered §5309 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

Editorial Notes

Amendments

1991—Pub. L. 102–40, §402(b)(1), renumbered section 3109 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 last sentence.

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

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

Pub. L. 102–40, §402(d)(1), substituted "5308" for "3108" in two places in first sentence.

1986—Subsec. (a). Pub. L. 99–576, §701(75)(A), substituted "such person's" for "his" in two places.

Subsec. (b). Pub. L. 99–576, §701(75)(B), substituted "such person" for "he".

1982—Subsec. (a). Pub. L. 97–258 substituted "sections 3329 and 3330 of title 31" for "sections 123–128 of title 31" wherever appearing.
38 U.S.C. § 8212 (2024) — Title 38: VETERANS' BENEFITS / Chapter 82 / Subchapter I / Section 8212: Authorization of appropriations
Authorization of appropriations
Status: in_force

(a) There is authorized to be appropriated $25,000,000 for the fiscal year ending June 30, 1973, and a like sum for each of the six succeeding fiscal years. Sums appropriated pursuant to this section shall be used for making grants pursuant to section 8213 of this title.

(b) Sums appropriated pursuant to subsection (a) of this section shall remain available until the end of the sixth fiscal year following the fiscal year for which they are appropriated.

(Added Pub. L. 92–541, §2(a), Oct. 24, 1972, 86 Stat. 1102, §5072; renumbered §8212 and amended Pub. L. 102–40, title IV, §402(b)(2)(B), (d)(1), May 7, 1991, 105 Stat. 239.)

Editorial Notes

Amendments

1991—Pub. L. 102–40, §402(b)(2)(B), renumbered section 5072 of this title as this section.

Subsec. (a). Pub. L. 102–40, §402(d)(1), substituted "8213" for "5073".
38 U.S.C. § 1919 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter I / Section 1919: National Service Life Insurance appropriation
National Service Life Insurance appropriation
Status: in_force

(a) The National Service Life Insurance appropriation is continued and there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this chapter and the provisions heretofore prescribed in the National Service Life Insurance Act of 1940, or related Acts, for the payment of liabilities under National Service Life Insurance. Payment from this appropriation shall be made upon and in accordance with awards by the Secretary.

(b) All premiums heretofore and hereafter paid on insurance issued or reinstated under section 602(v)(1) of the National Service Life Insurance Act of 1940 where the requirement of good health was waived under such section because of a service-incurred injury or disability shall be credited directly to the National Service Life Insurance appropriation and any payments of benefits heretofore and hereafter made on such insurance shall be made directly from such appropriation.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1154, §719; Pub. L. 98–160, title VII, §702(5), Nov. 21, 1983, 97 Stat. 1009; renumbered §1919 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 105–368, title III, §304(a), Nov. 11, 1998, 112 Stat. 3334.)

Editorial Notes

References in Text

The National Service Life Insurance Act of 1940, referred to in subsec. (a), is act Oct. 8, 1940, ch. 757, title VI, part I, 54 Stat. 1008, which was classified generally to chapter 13 (§801 et seq.) of former Title 38, Pensions, Bonuses, and Veterans' Relief, and which was repealed and the provisions thereof reenacted as this subchapter by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105.

Section 602(v)(i) of the National Service Life Insurance Act of 1940, referred to in subsec. (b), is section 602(v)(1) of act Oct. 8, 1940, ch. 757, title VI, pt. I, 54 Stat. 1009, which enacted section 802(v)(1) of former Title 38, Pensions, Bonuses, and Veterans' Relief, and which was repealed and the provisions thereof reenacted as section 715 [now 1915] of this title by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105.

Amendments

1998—Subsec. (b). Pub. L. 105–368 substituted "section 602(v)(1)" for "sections 602(c)(2) and 602(v)(1)" and "under such section" for "under such sections".

1991—Pub. L. 102–83 renumbered section 719 of this title as this section and substituted "Secretary" for "Administrator" in subsec. (a).

1983—Subsec. (b). Pub. L. 98–160 substituted "sections" for "subsections" after "issued or reinstated under" and after "waived under such".

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–368, title III, §304(b), Nov. 11, 1998, 112 Stat. 3334, provided that: "The amendments made by this section [amending this section] shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act [Nov. 11, 1998]."
38 U.S.C. § 1159 (2024) — Title 38: VETERANS' BENEFITS / Chapter 11 / Subchapter VI / Section 1159: Protection of service connection
Protection of service connection
Status: in_force

Service connection for any disability or death granted under this title which has been in force for ten or more years shall not be severed on or after January 1, 1962, except upon a showing that the original grant of service connection was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.

(Added Pub. L. 86–501, §1, June 10, 1960, 74 Stat. 195, §359; amended Pub. L. 87–825, §6, Oct. 15, 1962, 76 Stat. 950; renumbered §1159 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 359 of this title as this section.

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

1962—Pub. L. 87–825 provided for computation of the period from the date the administrator determines as the date the status commenced for rating purposes.

Statutory Notes and Related Subsidiaries

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–825 effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87–825, set out as a note under section 110 of this title.
38 U.S.C. § 8232 (2024) — Title 38: VETERANS' BENEFITS / Chapter 82 / Subchapter III / Section 8232: Definition
Definition
Status: in_force

For the purpose of this subchapter, the term "eligible institution" means any nonprofit educational facility or other public or nonprofit institution, including universities, colleges, junior colleges, community colleges, schools of allied health professions, State and local systems of education, hospitals, and other nonprofit health manpower institutions for the training or education of allied health or other health personnel affiliated with the Department for the conduct of or the providing of guidance for education and training programs for health manpower.

(Added Pub. L. 92–541, §2(a), Oct. 24, 1972, 86 Stat. 1105, §5092; renumbered §8232, Pub. L. 102–40, title IV, §402(b)(2)(D), May 7, 1991, 105 Stat. 239; amended Pub. L. 102–83, §4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.)

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 5092 of this title as this section.

Pub. L. 102–83 substituted "Department" for "Veterans' Administration".
38 U.S.C. § 1988 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter IV / Section 1988: Savings provision
Savings provision
Status: in_force

Nothing in this title or any amendment or repeal made by the Act enacting this title shall affect any right, remedy, liability, authorization or requirement pertaining to Government insurance, the respective insurance funds, or the insurance appropriations, authorized or prescribed under the provisions of the War Risk Insurance Act, the World War Veterans' Act, 1924, the National Service Life Insurance Act of 1940, or any related Act, which was in effect on December 31, 1958.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1167, §788; renumbered §1988, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

References in Text

The War Risk Insurance Act, referred to in text, is act Sept. 2, 1914, ch. 293, 38 Stat. 711. Sections 600 and 601 of the World War Veterans' Act, 1924 (act June 7, 1924, ch. 320, 43 Stat. 607, 629) repealed the War Risk Insurance Act subject to certain limitations provided in section 602 thereof.

The World War Veterans' Act, 1924, referred to in text, is act June 7, 1924, ch. 320, 43 Stat. 607, which was classified generally to chapter 10 (§§421 to 574) of former Title 38, Pensions, Bonuses, and Veterans' Relief, and which was repealed by Pub. L. 85–857, §14(51), Sept. 2, 1958, 72 Stat. 1271. For distribution of sections 421 to 574 of former Title 38 in this title, see Table preceding section 101 of this title.

The National Service Life Insurance Act of 1940, referred to in text, is act Oct. 8, 1940, ch. 757, title VI, part I, 54 Stat. 1008, which was classified generally to chapter 13 (§801 et seq.) of former Title 38, Pensions, Bonuses, and Veterans' Relief, and which was repealed and the provisions thereof reenacted as this subchapter by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105.

Prior Provisions

A prior section 2000 was renumbered section 4100 of this title.

Amendments

1991—Pub. L. 102–83 renumbered section 788 of this title as this section.
38 U.S.C. § 8138 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter III / Section 8138: Treatment of certain health facilities as State homes
Treatment of certain health facilities as State homes
Status: in_force

(a) The Secretary may treat a health facility (or certain beds in a health facility) as a State home for purposes of subchapter V of chapter 17 of this title if the following requirements are met:

(1) The facility (or certain beds in such facility) meets the standards for the provision of nursing home care that are applicable to State homes, as prescribed by the Secretary under section 8134(b) of this title, and such other standards relating to the facility (or certain beds in such facility) as the Secretary may require.

(2) The facility (or certain beds in such facility) is licensed or certified by the appropriate State and local agencies charged with the responsibility of licensing or otherwise regulating or inspecting State home facilities.

(3) The State demonstrates in an application to the Secretary that, but for the treatment of a facility (or certain beds in such facility), as a State home under this subsection, a substantial number of veterans residing in the geographic area in which the facility is located who require nursing home care will not have access to such care.

(4) The Secretary determines that the treatment of the facility (or certain beds in such facility) as a State home best meets the needs of veterans for nursing home care in the geographic area in which the facility is located.

(5) The Secretary approves the application submitted by the State with respect to the facility (or certain beds in such facility).

(b) The Secretary may not treat a health facility (or certain beds in a health facility) as a State home under subsection (a) if the Secretary determines that such treatment would increase the number of beds allocated to the State in excess of the limit on the number of beds provided for by regulations prescribed under section 8134(a) of this title.

(c) The number of beds occupied by veterans in a health facility for which payment may be made under subchapter V of chapter 17 of this title by reason of subsection (a) shall not exceed—

(1) 100 beds in the aggregate for all States; and

(2) in the case of any State, the difference between—

(A) the number of veterans authorized to be in beds in State homes in such State under regulations prescribed under section 8134(a) of this title; and

(B) the number of veterans actually in beds in State homes (other than facilities or certain beds treated as State homes under subsection (a)) in such State under regulations prescribed under such section.

(d) The number of beds in a health facility in a State that has been treated as a State home under subsection (a) shall be taken into account in determining the unmet need for beds for State homes for the State under section 8134(d)(1) of this title.

(e) The Secretary may not treat any new health facilities (or any new certain beds in a health facility) as a State home under subsection (a) after September 30, 2009.

(Added Pub. L. 109–461, title II, §211(c)(1), Dec. 22, 2006, 120 Stat. 3420.)
38 U.S.C. § 1812 (2024) — Title 38: VETERANS' BENEFITS / Chapter 18 / Subchapter II / Section 1812: Covered birth defects
Covered birth defects
Status: in_force

(a) Identification.—The Secretary shall identify the birth defects of children of women Vietnam veterans that—

(1) are associated with the service of those veterans in the Republic of Vietnam during the Vietnam era; and

(2) result in permanent physical or mental disability.

(b) Limitations.—(1) The birth defects identified under subsection (a) may not include birth defects resulting from the following:

(A) A familial disorder.

(B) A birth-related injury.

(C) A fetal or neonatal infirmity with well-established causes.

(2) In any case where affirmative evidence establishes that a covered birth defect of a child of a woman Vietnam veteran results from a cause other than the active military, naval, or air service of that veteran in the Republic of Vietnam during the Vietnam era, no benefits or assistance may be provided the child under this subchapter.

(Added Pub. L. 106–419, title IV, §401(a), Nov. 1, 2000, 114 Stat. 1857.)

Editorial Notes

Prior Provisions

A prior section 1812 was renumbered section 3712 of this title.

Another prior section 1812, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1210, automatically guaranteed loans made to a veteran if made for the purpose of purchasing farms and farm equipment, prior to repeal by Pub. L. 93–569, §7(a), Dec. 31, 1974, 88 Stat. 1866.
38 U.S.C. § 1723 (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter III / Section 1723: Furnishing of clothing
Furnishing of clothing
Status: in_force

The Secretary shall not furnish clothing to persons who are in Department facilities, except (1) where the furnishing of such clothing to indigent persons is necessary to protect health or sanitation, and (2) where the Secretary furnishes veterans with special clothing made necessary by the wearing of prosthetic appliances.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1144, §623; Pub. L. 94–581, title II, §210(a)(10), Oct. 21, 1976, 90 Stat. 2863; renumbered §1723 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

Prior Provisions

Prior section 1723 was renumbered section 3523 of this title.

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 623 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".

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

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. § 1918 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter I / Section 1918: Assignments
Assignments
Status: in_force

(a) Assignments of all or any part of the beneficiary's interest may be made by a designated beneficiary to a widow, widower, child, father, mother, grandfather, grandmother, brother, or sister of the insured, when the designated contingent beneficiary, if any, joins the beneficiary in the assignment, and if the assignment is delivered to the Secretary before any payments of the insurance shall have been made to the beneficiary. However, an interest in an annuity, when assigned, shall be payable in equal monthly installments in such multiple of twelve as most nearly equals the number of installments certain under such annuity, or in two hundred and forty installments, whichever is the lesser. The provisions of this subsection shall not be applicable to insurance maturing after July 26, 1962.

(b) Except as to insurance granted under the provisions of section 1922(b) of this title, any person to whom insurance maturing after July 26, 1962, is payable may assign all or any portion of such person's interest in such insurance to a widow, widower, child, father, mother, grandfather, grandmother, brother, or sister of the insured when the designated contingent beneficiary, if any, joins the beneficiary in the assignment. Such joinder shall not be required in any case in which the insurance proceeds are payable in a lump sum.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1153, §718; Pub. L. 87–557, §1, July 27, 1962, 76 Stat. 245; Pub. L. 96–128, title III, §304, Nov. 28, 1979, 93 Stat. 986; Pub. L. 97–295, §4(24), Oct. 12, 1982, 96 Stat. 1306; renumbered §1918 and amended Pub. L. 102–83, §§4(a)(2)(A)(iii)(III), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403, 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 718 of this title as this section.

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

Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "1922(b)" for "722(b)".

1982—Subsec. (a). Pub. L. 97–295 substituted "after July 26, 1962" for "on or after the date of enactment of this sentence".

Subsec. (b). Pub. L. 97–295 substituted "after July 26, 1982," for "on or after the date of enactment of this sentence".

1979—Subsec. (b). Pub. L. 96–128 substituted "such person's" for "his".

1962—Pub. L. 87–557 designated existing provisions as subsec. (a), inserted sentence making subsection inapplicable to insurance maturing on or after "the date of enactment of this sentence [July 27, 1962]", and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–128 effective Nov. 28, 1979, see section 601(b) of Pub. L. 96–128, set out as a note under section 1114 of this title.
38 U.S.C. § 7454 (2024) — Title 38: VETERANS' BENEFITS / Chapter 74 / Subchapter IV / Section 7454: Physician assistants and other health care professionals: additional pay
Physician assistants and other health care professionals: additional pay
Status: in_force

(a) Physician assistants and expanded-function dental auxiliaries shall be entitled to additional pay on the same basis as provided for nurses in section 7453 of this title.

(b)(1) When the Secretary determines it to be necessary in order to obtain or retain the services of individuals in positions listed in section 7401(3) of this title, the Secretary may, on a nationwide, local, or other geographic basis, pay persons employed in such positions additional pay on the same basis as provided for nurses in section 7453 of this title.

(2) Health care professionals employed in positions referred to in paragraph (1) shall be entitled to additional pay on the same basis as provided for nurses in section 7453(c) of this title.

(3) Employees appointed under section 7408 of this title performing service on a tour of duty, any part of which is within the period commencing at midnight Friday and ending at midnight Sunday, shall receive additional pay in addition to the rate of basic pay provided such employees for each hour of service on such tour at a rate equal to 25 percent of such employee's hourly rate of basic pay.

(c) The Secretary shall prescribe by regulation standards for compensation and payment under this section.

(Added Pub. L. 102–40, title IV, §401(b)(4), May 7, 1991, 105 Stat. 234; amended Pub. L. 107–135, title I, §121(a), Jan. 23, 2002, 115 Stat. 2450; Pub. L. 108–170, title III, §§301(d), 303(a), Dec. 6, 2003, 117 Stat. 2057, 2058; Pub. L. 111–163, title VI, §601(k)(2), May 5, 2010, 124 Stat. 1171.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 4107(f) of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.

Amendments

2010—Subsec. (b)(3). Pub. L. 111–163 amended par. (3) generally. Prior to amendment, par. (3) read as follows: "Employees appointed under section 7408 of this title shall be entitled to additional pay on the same basis as provided for nurses in section 7453(c) of this title."

2003—Subsec. (b)(1). Pub. L. 108–170, §301(d), substituted "individuals in positions listed in section 7401(3) of this title," for "certified or registered respiratory therapists, licensed physical therapists, licensed practical or vocational nurses, pharmacists, or occupational therapists,".

Subsec. (b)(3). Pub. L. 108–170, §303(a), added par. (3).

2002—Subsec. (b). Pub. L. 107–135 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Pub. L. 108–170, title III, §303(b), Dec. 6, 2003, 117 Stat. 2058, provided that: "The amendment made by subsection (a) [amending this section] shall take effect with respect to the first pay period beginning on or after January 1, 2004."

Effective Date of 2002 Amendment

Pub. L. 107–135, title I, §121(b), Jan. 23, 2002, 115 Stat. 2450, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to pay periods beginning on or after the date of the enactment of this Act [Jan. 23, 2002]."
38 U.S.C. § 7254 (2024) — Title 38: VETERANS' BENEFITS / Chapter 72 / Subchapter I / Section 7254: Organization
Organization
Status: in_force

(a) The Court of Appeals for Veterans Claims shall have a seal which shall be judicially noticed.

(b) The Court may hear cases by judges sitting alone or in panels, as determined pursuant to procedures established by the Court. Any such panel shall have not less than three judges. The Court shall establish procedures for the assignment of the judges of the Court to such panels and for the designation of the chief of each such panel.

(c)(1) A majority of the judges of the Court shall constitute a quorum for the transaction of the business of the Court. A vacancy in the Court shall not impair the powers or affect the duties of the Court or of the remaining judges of the Court.

(2) A majority of the judges of a panel of the Court shall constitute a quorum for the transaction of the business of the panel. A vacancy in a panel of the Court shall not impair the powers or affect the duties of the panel or of the remaining judges of the panel.

(d) Precedence of Judges.—The chief judge of the Court shall have precedence and preside at any session that the chief judge attends. The other judges shall have precedence and preside according to the seniority of their original commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.

(e) Judges of the Court shall have the authority to administer oaths.

(Added Pub. L. 100–687, div. A, title III, §301(a), Nov. 18, 1988, 102 Stat. 4114, §4054; amended Pub. L. 101–94, title IV, §402, Aug. 16, 1989, 103 Stat. 628; Pub. L. 101–237, title VI, §602(b), Dec. 18, 1989, 103 Stat. 2095; renumbered §7254, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–54, §14(e)(4), June 13, 1991, 105 Stat. 287; Pub. L. 102–82, §8(3), Aug. 6, 1991, 105 Stat. 377; Pub. L. 105–368, title V, §512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 106–117, title X, §1034, Nov. 30, 1999, 113 Stat. 1595.)

Editorial Notes

Amendments

1999—Subsec. (d). Pub. L. 106–117 inserted heading and amended text of subsec. (d) generally. Prior to amendment, text read as follows: "In the event of a vacancy in the position of chief judge of the Court, the associate judge senior in service on the Court shall serve as acting chief judge unless the President designates one of the other associate judges to serve as acting chief judge, in which case the judge so designated shall serve as acting chief judge."

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

1991—Pub. L. 102–40 renumbered section 4054 of this title as this section.

Subsecs. (d), (e). Pub. L. 102–54 amended section as in effect immediately before the enactment of Pub. L. 102–40, and Pub. L. 102–82 amended section, identically, by redesignating the second subsec. (d), relating to authority to administer oaths as, (e).

1989—Subsec. (d). Pub. L. 101–237 added subsec. (d) relating to authority to administer oaths.

Pub. L. 101–94 added subsec. (d) relating to acting chief judge in event of vacancy.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–117 effective Nov. 30, 1999, with savings provision for incumbent chief judge, see section 1036 of Pub. L. 106–117, set out as a note under section 7253 of this title.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.
38 U.S.C. § 3674A (2024) — Title 38: VETERANS' BENEFITS / Chapter 36 / Subchapter II / Section 3674A: Evaluations of agency performance; qualifications and performance of agency personnel
Evaluations of agency performance; qualifications and performance of agency personnel
Status: in_force

(a) The Secretary shall—

(1)(A) conduct, in conjunction with State approving agencies, an annual evaluation of each State approving agency on the basis of standards developed by the Secretary in conjunction with the State approving agencies, and (B) provide each such agency an opportunity to comment on the evaluation;

(2) take into account the results of annual evaluations carried out under paragraph (1) when negotiating the terms and conditions of a contract or agreement under section 3674 of this title;

(3) cooperate with State approving agencies in developing and implementing a uniform national curriculum, to the extent practicable, for training new employees and for continuing the training of employees of such agencies, and sponsor, with the agencies, such training and continuation of training; and

(4) prescribe prototype qualification and performance standards, developed in conjunction with State approving agencies, for use by such agencies in the development of qualification and performance standards for State approving agency personnel carrying out approval responsibilities under a contract or agreement entered into under section 3674(a).

(b)(1) Each State approving agency carrying out a contract or agreement with the Secretary under section 3674(a) of this title shall—

(A) apply qualification and performance standards based on the standards developed under subsection (a)(4); and

(B) make available to any person, upon request, the criteria used to carry out its functions under a contract or agreement entered into under section 3674(a) of this title.

(2) In developing and applying standards described in subsection (a)(4), the State approving agency may take into consideration the State's merit system requirements and other local requirements and conditions.

(3) The Secretary shall provide assistance in developing such standards to a State approving agency that requests it.

(Added Pub. L. 100–323, §13(b)(1)(A), May 20, 1988, 102 Stat. 572, §1774A; amended Pub. L. 101–237, title IV, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered §3674A and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title VI, §606(c), Nov. 2, 1994, 108 Stat. 4672; Pub. L. 105–368, title X, §1005(b)(8), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 107–14, §8(a)(8), June 5, 2001, 115 Stat. 35.)

Editorial Notes

Amendments

2001—Subsec. (a)(2). Pub. L. 107–14 substituted "paragraph (1)" for "clause (1)".

1998—Subsec. (b)(1). Pub. L. 105–368 struck out "after the 18-month period beginning on the date of the enactment of this section" after "section 3674(a) of this title" in introductory provisions.

1994—Subsec. (a)(3) to (5). Pub. L. 103–446, §606(c)(1), redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows: "supervise functionally the provision of course-approval services by State approving agencies under this subchapter;".

Subsec. (b). Pub. L. 103–446, §606(c)(2)(A), substituted "subsection (a)(4)" for "subsection (a)(5) of this section" in pars. (1)(A) and (2).

Subsec. (b)(1). Pub. L. 103–446, §606(c)(2)(B), inserted "of this title" after "section 3674(a)" in introductory provisions and subpar. (B).

1991—Pub. L. 102–83, §5(a), renumbered section 1774A of this title as this section.

Subsec. (a)(2), (5). Pub. L. 102–83, §5(c)(1), substituted "3674" for "1774" in par. (2) and "3674(a)" for "1774(a)" in par. (5).

Subsec. (b)(1). Pub. L. 102–83, §5(c)(1), substituted "3674(a)" for "1774(a)" in introductory provisions and in subpar. (B).

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

Statutory Notes and Related Subsidiaries

Implementation

Pub. L. 100–323, §13(b)(2), May 20, 1988, 102 Stat. 573, directed Administrator, for purposes of implementing amendments by section 13(b)(1) of Pub. L. 100–323, and within 120 days after May 20, 1988, to publish prototype standards developed under subsec. (a)(5) of this section, directed each State approving agency, within 1 year after Administrator published the standards, to submit to Administrator a copy of the standards to be implemented by such agency under subsec. (b)(1)(A) of this section, and provided that Administrator could comment on consistency of the State's standards and prototype standards.

Applicability of Qualification Standards to Persons Employed on May 20, 1988

Pub. L. 100–323, §13(b)(3), May 20, 1988, 102 Stat. 573, provided that: "None of the qualification standards implemented pursuant to the amendments made by paragraph (1) [enacting this section] shall apply to any person employed by a State approving agency on the date of the enactment of this Act [May 20, 1988] as long as such person remains in the position in which the person is employed on such date."
38 U.S.C. § 3242 (2024) — Title 38: VETERANS' BENEFITS / Chapter 32 / Subchapter IV / Section 3242: Vacant
Vacant
Status: vacant

[§3242. Vacant]

Editorial Notes

Codification

Prior to redesignation of sections 1601 to 1643 of this chapter as sections 3201 to 3243 by Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406, section 1642 of this chapter, added Pub. L. 94–502, title IV, §404, Oct. 15, 1976, 90 Stat. 2397, and amended Pub. L. 97–295, §4(37), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 101–237, title IV, §423(b)(1)(A), (4)(A), Dec. 18, 1989, 103 Stat. 2092, was repealed by Pub. L. 102–16, §5(a), Mar. 22, 1991, 105 Stat. 50.
38 U.S.C. § 3243 (2024) — Title 38: VETERANS' BENEFITS / Chapter 32 / Subchapter IV / Section 3243: Deposits; reports
Deposits; reports
Status: in_force

Deductions made by the Department of Defense from the military pay of any participant shall be promptly transferred to the Secretary for deposit in the fund. The Secretary of Defense shall also submit to the Secretary a report each month showing the name, service number, and the amount of the deduction made from the military pay of each initial enrollee, any contribution made by the Secretary of Defense pursuant to section 3222(c) of this title, as well as any changes in each participant's enrollment and/or contribution. The report shall also include any additional information the Secretary and the Secretary of Defense deem necessary to administer this program. The Secretary shall maintain accounts showing contributions made to the fund by individual participants and by the Secretary of Defense as well as disbursements made from the fund in the form of benefits.

(Added Pub. L. 94–502, title IV, §404, Oct. 15, 1976, 90 Stat. 2397, §1643; amended Pub. L. 98–160, title VII, §702(9), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 101–237, title IV, §423(b)(1)(A), (4)(D), Dec. 18, 1989, 103 Stat. 2092; renumbered §3243 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Prior Provisions

Prior sections 3301 to 3305 and 3311 to 3313, which comprised chapter 57, were renumbered sections 5701 to 5705 and 5711 to 5713, respectively, of this title.

Prior sections 3401 to 3405, which comprised chapter 59, were renumbered sections 5901 to 5905, respectively, of this title.

Amendments

1991—Pub. L. 102–83 renumbered section 1643 of this title as this section and substituted "3222(c)" for "1622(c)".

1989—Pub. L. 101–237 substituted "Secretary" for "Administrator" wherever appearing and inserted "of Defense" after "Secretary" in four places.

1983—Pub. L. 98–160 inserted "of this title" after "section 1622(c)".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title.
38 U.S.C. § 7906 (2024) — Title 38: VETERANS' BENEFITS / Chapter 79 / Section 7906: Regulations
Regulations
Status: in_force

The Secretary shall prescribe regulations for the administration of this chapter.

(Added Pub. L. 109–461, title IX, §903(a)(1), Dec. 22, 2006, 120 Stat. 3464.)
38 U.S.C. § 2013 (2024) — Title 38: VETERANS' BENEFITS / Chapter 20 / Subchapter II / Section 2013: Program to improve retention of housing by formerly homeless veterans and veterans at risk of becoming homeless
Program to improve retention of housing by formerly homeless veterans and veterans at risk of becoming homeless
Status: in_force

(a) Program Required.—The Secretary shall carry out a program under which the Secretary shall provide case management services to improve the retention of housing by veterans who were previously homeless and are transitioning to permanent housing and veterans who are at risk of becoming homeless.

(b) Services.—Services provided under the program shall include services to assist veterans described in subsection (a) with navigating resources provided by the Federal Government and State, local, and Tribal governments.

(c) Staffing.—In geographic areas where individuals who meet the licensure and certification requirements to provide services under the program are in high demand as determined by the Secretary, such services may be provided through one or more individuals with a master's degree in social work who are undergoing training to meet such requirements, if such individuals are under the supervision of an individual who meets such requirements.

(d) Grants.—(1) The Secretary shall carry out the program through the award of grants.

(2)(A) In awarding grants under paragraph (1), the Secretary shall give priority to organizations that demonstrate a capability to provide case management services as described in subsection (a), particularly organizations that are successfully providing or have successfully provided transitional housing services using amounts provided by the Secretary under sections 2012 and 2061 of this title.

(B) In giving priority under subparagraph (A), the Secretary shall give extra priority to an organization described in such subparagraph that—

(i) voluntarily stops receiving amounts provided by the Secretary under sections 2012 and 2061 of this title; and

(ii) converts a facility that the organization used to provide transitional housing services into a facility that the organization uses to provide permanent housing that meets housing quality standards established under section 8(o)(8)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(B)).

(C) In any case in which a facility, with respect to which a person received a grant for construction, rehabilitation, or acquisition under section 2011 of this title, is converted as described in subparagraph (B)(ii), such conversion shall be considered to have been carried out pursuant to the needs of the Department and such person shall not be considered in noncompliance with the terms of such grant by reason of such conversion.

(3) The Secretary shall require each recipient of a grant awarded under this subsection to submit to the Secretary a report that describes the services provided or coordinated with amounts under such grant.

(Added Pub. L. 114–315, title VII, §712(a)(1)(B), Dec. 16, 2016, 130 Stat. 1586; amended Pub. L. 117–328, div. U, title III, §302, Dec. 29, 2022, 136 Stat. 5466.)

Editorial Notes

Prior Provisions

A prior section 2013 was renumbered section 2016 of this title.

Another prior section 2013 was renumbered section 4213 of this title.

Another prior section 2013 was renumbered section 4104 of this title.

Amendments

2022—Subsecs. (b) to (d). Pub. L. 117–328, §302(1), (2), added subsecs. (b) and (c) and redesignated former subsec. (b) as (d).

Subsec. (d)(3). Pub. L. 117–328, §302(3), added par. (3).

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 114–315, title VII, §712(b), Dec. 16, 2016, 130 Stat. 1587, provided that: "Not later than 1 year after the date of the enactment of this Act [Dec. 16, 2016], the Secretary of Veterans Affairs shall prescribe regulations to carry out section 2013 of such title [38 U.S.C. 2013], as added by subsection (a)(1)(B)."
38 U.S.C. § 1805 (2024) — Title 38: VETERANS' BENEFITS / Chapter 18 / Subchapter I / Section 1805: Monetary allowance
Monetary allowance
Status: in_force

(a) The Secretary shall pay a monthly allowance under this section to any child of a Vietnam veteran for any disability resulting from spina bifida suffered by such child.

(b)(1) The amount of the allowance paid to a child under this section shall be based on the degree of disability suffered by the child, as determined in accordance with such schedule for rating disabilities resulting from spina bifida as the Secretary may prescribe.

(2) The Secretary shall, in prescribing the rating schedule for the purposes of this section, establish three levels of disability upon which the amount of the allowance provided by this section shall be based.

(3) The amounts of the allowance shall be $200 per month for the lowest level of disability prescribed, $700 per month for the intermediate level of disability prescribed, and $1,200 per month for the highest level of disability prescribed. Such amounts are subject to adjustment under section 5312 of this title.

(Added Pub. L. 104–204, title IV, §421(b)(1), Sept. 26, 1996, 110 Stat. 2925; amended Pub. L. 106–419, title IV, §401(c)(2), (e)(2), Nov. 1, 2000, 114 Stat. 1860.)

Editorial Notes

Prior Provisions

A prior section 1805 was renumbered section 3705 of this title.

Amendments

2000—Subsec. (a). Pub. L. 106–419, §401(e)(2), substituted "this section" for "this chapter".

Subsecs. (c), (d). Pub. L. 106–419, §401(c)(2), struck out subsecs. (c) and (d) which read as follows:

"(c) Notwithstanding any other provision of law, receipt by a child of an allowance under this section shall not impair, infringe, or otherwise affect the right of the child to receive any other benefit to which the child may otherwise be entitled under any law administered by the Secretary, nor shall receipt of such an allowance impair, infringe, or otherwise affect the right of any individual to receive any benefit to which the individual is entitled under any law administered by the Secretary that is based on the child's relationship to the individual.

"(d) Notwithstanding any other provision of law, the allowance paid to a child under this section shall not be considered income or resources in determining eligibility for or the amount of benefits under any Federal or federally assisted program."

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–419 effective on the first day of the first month beginning more than one year after Nov. 1, 2000, see section 401(g) of Pub. L. 106–419, set out as an Effective Date note under section 1811 of this title.
38 U.S.C. § 1837 (2024) — Title 38: VETERANS' BENEFITS / Chapter 18 / Subchapter IV / Section 1837: Duration of health care and benefits provided
Duration of health care and benefits provided
Status: in_force

The Secretary shall provide a covered child with health care and benefits under this chapter—

(1) for the duration of the life of the child; and

(2) notwithstanding any death of a parent of the child that precedes the death of the child.

(Added Pub. L. 118–18, §1(b), Oct. 6, 2023, 137 Stat. 104.)
38 U.S.C. § 7675 (2024) — Title 38: VETERANS' BENEFITS / Chapter 76 / Subchapter VI / Section 7675: Breach of agreement: liability
Breach of agreement: liability
Status: in_force

(a) Liquidated Damages.—A participant in the Program (other than a participant described in subsection (b)) who fails to accept payment, or instructs the educational institution in which the participant is enrolled not to accept payment, in whole or in part, of a scholarship under the agreement entered into under section 7603 of this title shall be liable to the United States for liquidated damages in the amount of $1,500. Such liability is in addition to any period of obligated service or other obligation or liability under the agreement.

(b) Liability During Course of Education or Training.—(1) Except as provided in subsection (d), a participant in the Program shall be liable to the United States for the amount which has been paid to or on behalf of the participant under the agreement if any of the following occurs:

(A) The participant fails to maintain an acceptable level of academic standing in the educational institution in which the participant is enrolled (as determined by the educational institution under regulations prescribed by the Secretary).

(B) The participant is dismissed from such educational institution for disciplinary reasons.

(C) The participant voluntarily terminates the course of education or training in such educational institution before the completion of such course of education or training.

(D) The participant fails to become licensed to practice medicine, osteopathy, dentistry, podiatry, or optometry in a State, fails to become licensed as a registered nurse in a State, or fails to meet any applicable licensure requirement in the case of any other health-care personnel who provide either direct patient-care services or services incident to direct patient-care services, during a period of time determined under regulations prescribed by the Secretary.

(E) The participant fails to maintain employment, while enrolled in the course of training being pursued by the participant, as a Department employee.

(2) Liability under this subsection is in lieu of any service obligation arising under a participant's agreement.

(c) Liability During Period of Obligated Service.—(1) Except as provided in subsection (d), if a participant in the Program breaches the agreement by failing for any reason to complete such participant's period of obligated service, the United States shall be entitled to recover from the participant an amount determined in accordance with the following formula:

    t−s

A=3Φ  ( —— )

     t

(2) In such formula:

(A) "A" is the amount the United States is entitled to recover.

(B) "Φ" is the sum of—

(i) the amounts paid under this subchapter to or on behalf of the participant; and

(ii) the interest on such amounts which would be payable if at the time the amounts were paid they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States.

(C) "t" is the total number of months in the participant's period of obligated service, including any additional period of obligated service in accordance with section 7673(c)(2) of this title.

(D) "s" is the number of months of such period served by the participant in accordance with section 7673 of this title.

(d) Limitation on Liability for Reductions-in-Force.—Liability shall not arise under subsection (b)(1)(E) or (c) in the case of a participant otherwise covered by the subsection concerned if the participant fails to maintain employment as a Department employee due to a staffing adjustment.

(e) Period for Payment of Damages.—Any amount of damages which the United States is entitled to recover under this section shall be paid to the United States within the 1-year period beginning on the date of the breach of the agreement.

(Added Pub. L. 105–368, title VIII, §802(a), Nov. 11, 1998, 112 Stat. 3355; amended Pub. L. 114–315, title VI, §616, Dec. 16, 2016, 130 Stat. 1577.)

Editorial Notes

Amendments

2016—Subsec. (b)(1)(E). Pub. L. 114–315 substituted "The" for "In the case of a participant who is a part-time student, the".
38 U.S.C. § 1510 (2024) — Title 38: VETERANS' BENEFITS / Chapter 15 / Subchapter II / Section 1510: Vacant
Vacant
Status: vacant

[§1510. Vacant]

Editorial Notes

Codification

Prior to renumbering of sections 501 to 543 of this chapter as sections 1501 to 1543 by Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406, section 510 of this chapter, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1135, which provided monthly pension for persons who served in military or naval forces of Confederate States of America, was repealed by Pub. L. 94–169, title I, §101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1, 1976.
38 U.S.C. § 5100 (2024) — Title 38: VETERANS' BENEFITS / Chapter 51 / Subchapter I / Section 5100: Definitions
Definitions
Status: in_force

In this chapter:

(1) The term "claimant" means any individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary.

(2) The term "notice" means a communication issued through means (including electronic means) prescribed by the Secretary.

(Added Pub. L. 117–168, title VIII, §807(a)(1), Aug. 10, 2022, 136 Stat. 1805.)

Editorial Notes

Prior Provisions

A prior section 5100, added Pub. L. 106–475, §2, Nov. 9, 2000, 114 Stat. 2096, defined "claimant", prior to repeal by Pub. L. 117–168, title VIII, §807(a)(1), Aug. 10, 2022, 136 Stat. 1805.

Statutory Notes and Related Subsidiaries

Rule of Construction

Pub. L. 117–168, title VIII, §807(b), Aug. 10, 2022, 136 Stat. 1806, provided that: "None of the amendments made by this section [enacting this section, amending sections 5104, 5104B, 5112, 7104, 7105, 7105A, and 7266 of this title, and repealing former section 5100 of this title] shall be construed to apply section 5104(a) of such title [meaning title 38, United States Code] to decisions of the Board of Veterans' Appeals under chapter 71 of such title."
38 U.S.C. § 3490 (2024) — Title 38: VETERANS' BENEFITS / Chapter 34 / Subchapter V / Section 3490: Purpose
Purpose
Status: in_force

It is the purpose of this subchapter (1) to encourage and assist veterans who have academic deficiencies to attain a high school education or its equivalent and to qualify for and pursue courses of higher education, (2) to assist eligible veterans to pursue postsecondary education through tutorial assistance where required, and (3) to encourage educational institutions to develop programs which provide special tutorial, remedial, preparatory, or other educational or supplementary assistance to such veterans.

(Added Pub. L. 91–219, title II, §204(a)(4), Mar. 26, 1970, 84 Stat. 79, §1690; renumbered §3490, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 1690 of this title as this section.
38 U.S.C. § 7504 (2024) — Title 38: VETERANS' BENEFITS / Chapter 75 / Section 7504: Agreement
Agreement
Status: in_force

An agreement between the Secretary and a participant in the scholarship program under this chapter shall be in writing, shall be signed by the participant, and shall include—

(1) the Secretary's agreement to provide the participant with financial assistance as authorized under this chapter;

(2) the participant's agreement—

(A) to accept such financial assistance;

(B) to maintain enrollment and attendance in the program of study described in section 7501(a)(1) of this title;

(C) while enrolled in such program, to maintain an acceptable level of academic standing (as determined by the educational institution offering such program under regulations prescribed by the Secretary); and

(D) after completion of the program, to serve as a full-time employee in the Department for a period of three years, to be served within the first six years after the participant has completed such program and received a degree or certificate described in section 7501(a)(1) of this title; and

(3) any other terms and conditions that the Secretary considers appropriate for carrying out this chapter.

(Added Pub. L. 111–163, title III, §302(a), May 5, 2010, 124 Stat. 1148.)
38 U.S.C. § 543 (2024) — Title 38: VETERANS' BENEFITS / Chapter 5 / Subchapter III / Section 543: Advisory Committee on Prosthetics and Special-Disabilities Programs
Advisory Committee on Prosthetics and Special-Disabilities Programs
Status: in_force

(a) There is in the Department an advisory committee known as the Advisory Committee on Prosthetics and Special-Disabilities Programs (hereinafter in this section referred to as the "Committee").

(b) The objectives and scope of activities of the Committee shall relate to—

(1) prosthetics and special-disabilities programs administered by the Secretary;

(2) the coordination of programs of the Department for the development and testing of, and for information exchange regarding, prosthetic devices;

(3) the coordination of Department and non-Department programs that involve the development and testing of prosthetic devices; and

(4) the adequacy of funding for the prosthetics and special-disabilities programs of the Department.

(c) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee on the matters described in subsection (b).

(d) Not later than January 15 of 1993, 1994, and 1995, the Committee shall submit to the Secretary and the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the effectiveness of the prosthetics and special-disabilities programs administered by the Secretary during the preceding fiscal year. Not more than 60 days after the date on which any such report is received by the Secretary, the Secretary shall submit a report to such committees commenting on the report of the Committee.

(e) As used in this section, the term "special-disabilities programs" includes all programs administered by the Secretary for—

(1) spinal-cord-injured veterans;

(2) blind veterans;

(3) veterans who have lost or lost the use of extremities;

(4) hearing-impaired veterans; and

(5) other veterans with serious incapacities in terms of daily life functions.

(Added Pub. L. 102–405, title I, §105(b)(1), Oct. 9, 1992, 106 Stat. 1975.)

Editorial Notes

Prior Provisions

Prior section 543 was renumbered section 1543 of this title.

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 102–405, title I, §105(a), Oct. 9, 1992, 106 Stat. 1975, provided that: "The Federal advisory committee established by the Secretary and known as the Prosthetics Service Advisory Committee shall after the date of the enactment of this Act [Oct. 9, 1992] be known as the Advisory Committee on Prosthetics and Special-Disabilities Programs and shall operate as though such committee had been established by law. Notwithstanding any other provision of law, the Committee may, upon the enactment of this Act, meet and act on any matter covered by subsection (b) of section 543 of title 38, United States Code, as added by subsection (b) of this section."

Termination of Advisory Committees

Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
38 U.S.C. § 7330D (2024) — Title 38: VETERANS' BENEFITS / Chapter 73 / Subchapter II / Section 7330D: Inapplicability of Paperwork Reduction Act to research activities
Inapplicability of Paperwork Reduction Act to research activities
Status: in_force

Subchapter I of chapter 35 of title 44 (commonly referred to as the "Paperwork Reduction Act") shall not apply to the voluntary collection of information during the conduct of research by the Veterans Health Administration, including the Office of Research and Development, or individuals or entities affiliated with the Veterans Health Administration.

(Added Pub. L. 117–328, div. U, title I, §181(a), Dec. 29, 2022, 136 Stat. 5435.)
38 U.S.C. § 4333 (2024) — Title 38: VETERANS' BENEFITS / Chapter 43 / Subchapter IV / Section 4333: Outreach
Outreach
Status: in_force

The Secretary, the Secretary of Defense, and the Secretary of Veterans Affairs shall take such actions as such Secretaries determine are appropriate to inform persons entitled to rights and benefits under this chapter and employers of the rights, benefits, and obligations of such persons and such employers under this chapter.

(Added Pub. L. 103–353, §2(a), Oct. 13, 1994, 108 Stat. 3169.)

Editorial Notes

Prior Provisions

A prior section 4333 was renumbered section 7633 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, see section 8 of Pub. L. 103–353, set out as a note under section 4301 of this title.
38 U.S.C. § 4319 (2024) — Title 38: VETERANS' BENEFITS / Chapter 43 / Subchapter II / Section 4319: Employment and reemployment rights in foreign countries
Employment and reemployment rights in foreign countries
Status: in_force

(a) Liability of Controlling United States Employer of Foreign Entity.—If an employer controls an entity that is incorporated or otherwise organized in a foreign country, any denial of employment, reemployment, or benefit by such entity shall be presumed to be by such employer.

(b) Inapplicability to Foreign Employer.—This subchapter does not apply to foreign operations of an employer that is a foreign person not controlled by an United States employer.

(c) Determination of Controlling Employer.—For the purpose of this section, the determination of whether an employer controls an entity shall be based upon the interrelations of operations, common management, centralized control of labor relations, and common ownership or financial control of the employer and the entity.

(d) Exemption.—Notwithstanding any other provision of this subchapter, an employer, or an entity controlled by an employer, shall be exempt from compliance with any of sections 4311 through 4318 of this title with respect to an employee in a workplace in a foreign country, if compliance with that section would cause such employer, or such entity controlled by an employer, to violate the law of the foreign country in which the workplace is located.

(Added Pub. L. 105–368, title II, §212(b)(1), Nov. 11, 1998, 112 Stat. 3331.)

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable only with respect to causes of action arising after Nov. 11, 1998, see section 212(c) of Pub. L. 105–368, set out as an Effective Date of 1998 Amendment note under section 4303 of this title.
38 U.S.C. § 8114 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter I / Section 8114: Use of federally owned facilities; use of personnel
Use of federally owned facilities; use of personnel
Status: in_force

(a) The Secretary, subject to the approval of the President, may use as medical facilities such suitable buildings, structures, and grounds owned by the United States on March 3, 1925, as may be available for such purposes, and the President may by Executive order transfer any such buildings, structures, and grounds to the control and jurisdiction of the Department upon the request of the Secretary.

(b) The President may require the architectural, engineering, constructing, or other forces of any of the departments of the Government to do or assist in the construction and alteration of medical facilities, and the President may employ for such purposes individuals and agencies not connected with the Government, if in the opinion of the President such is desirable, at such compensation as the President may consider reasonable.

(Added Pub. L. 96–22, title III, §301(a), June 13, 1979, 93 Stat. 61, §5014; renumbered §8114, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, §4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

Editorial Notes

Prior Provisions

Provisions similar to those comprising this section were contained in section 5001(e) of this title prior to the general revision of this subchapter by Pub. L. 96–22.

Amendments

1991—Pub. L. 102–40 renumbered section 5014 of this title as this section.

Subsec. (a). 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".

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. § 3771 (2024) — Title 38: VETERANS' BENEFITS / Chapter 37 / Subchapter VI / Section 3771: Repealed. Pub. L. 107-95, §5(d)(3), Dec. 21, 2001, 115 Stat. 918
Repealed. Pub. L. 107-95, §5(d)(3), Dec. 21, 2001, 115 Stat. 918
Status: repealed

[§3771. Repealed. Pub. L. 107–95, §5(d)(3), Dec. 21, 2001, 115 Stat. 918]

Section, added Pub. L. 105–368, title VI, §601(a), Nov. 11, 1998, 112 Stat. 3342; amended Pub. L. 106–400, §2, Oct. 30, 2000, 114 Stat. 1675, defined terms "veteran", "homeless veteran", and "homeless individual", for purposes of this subchapter.
38 U.S.C. § 8128 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter II / Section 8128: Small business concerns owned and controlled by veterans: contracting priority
Small business concerns owned and controlled by veterans: contracting priority
Status: in_force

(a) Contracting Priority.—In procuring goods and services pursuant to a contracting preference under this title or any other provision of law, the Secretary shall give priority to a small business concern owned and controlled by veterans, if such business concern also meets the requirements of that contracting preference.

(b) Definition.—For purposes of this section, the term "small business concern owned and controlled by veterans" means a small business concern that is included in the small business database maintained by the Administrator of the Small Business Administration under section 36 of the Small Business Act.

(Added Pub. L. 109–461, title V, §503(a)(1), Dec. 22, 2006, 120 Stat. 3435; amended Pub. L. 116–283, div. A, title VIII, §862(b)(3)(B), Jan. 1, 2021, 134 Stat. 3779.)

Editorial Notes

References in Text

Section 36 of the Small Business Act, referred to in subsec. (b), is classified to section 657f of Title 15, Commerce and Trade.

Amendments

2021—Subsec. (b). Pub. L. 116–283 substituted "maintained by the Administrator of the Small Business Administration under section 36 of the Small Business Act" for "maintained by the Secretary under section 8127(f) of this title".

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283, div. A, title VIII, §862(b)(3), Jan. 1, 2021, 134 Stat. 3778, provided that the amendment made by section 862(b)(3)(B) shall take effect on the transfer date, which is 2 years after Jan. 1, 2021, see section 862(a) of Pub. L. 116–283, set out as a note under section 657f of Title 15, Commerce and Trade.

Effective Date

Pub. L. 109–461, title V, §503(b), Dec. 22, 2006, 120 Stat. 3436, provided that: "This section [enacting this section] and the amendments made by this section shall take effect on the date that is 180 days after the date of the enactment of this Act [Dec. 22, 2006]."
38 U.S.C. § 3748 (2024) — Title 38: VETERANS' BENEFITS / Chapter 37 / Subchapter IV / Section 3748: Preference for disabled veterans
Preference for disabled veterans
Status: in_force

In the extension of financial assistance under this subchapter, the Secretary shall give preference, first, to veterans' small business concerns in which disabled veterans who have successfully completed a vocational rehabilitation program for self-employment in a small business enterprise under chapter 31 of this title have a significant ownership interest, and, second, to veterans' small business concerns in which other disabled veterans have a significant ownership interest.

(Added Pub. L. 97–72, title III, §302(a), Nov. 3, 1981, 95 Stat. 1058, §1848; amended Pub. L. 101–237, title III, §313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered §3748, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 1848 of this title as this section.

1989—Pub. L. 101–237 substituted "Secretary" for "Administrator".
38 U.S.C. § 1986 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter IV / Section 1986: Deposits in and disbursements from trust funds
Deposits in and disbursements from trust funds
Status: in_force

All cash balances in the United States Government Life Insurance Fund and the National Service Life Insurance Fund on January 1, 1959, together with all moneys thereafter accruing to such funds, including premiums, appropriated moneys, the proceeds of any sales of investments which may be necessary to meet current expenditures, and interest on investments, shall be available for disbursement for meeting all expenditures and making investments authorized to be made from such funds.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1167, §786; renumbered §1986, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 786 of this title as this section.
38 U.S.C. § 1958 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter II / Section 1958: Statutory total permanent disability
Statutory total permanent disability
Status: in_force

Without prejudice to any other cause of disability, the permanent loss of the use of both feet, of both hands, or of both eyes, or of one foot and one hand, or of one foot and one eye, or of one hand and one eye, or the loss of hearing of both ears, or the organic loss of speech, shall be deemed total permanent disability for insurance purposes. This section shall be deemed to be in effect on and after April 6, 1917, and shall apply only to automatic insurance, yearly renewable term insurance, and United States Government life insurance issued prior to December 15, 1936.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1163, §758; renumbered §1958, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 758 of this title as this section.
38 U.S.C. § 1712B (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter II / Section 1712B: Counseling for former prisoners of war
Counseling for former prisoners of war
Status: in_force

The Secretary may establish a program under which, upon the request of a veteran who is a former prisoner of war, the Secretary, within the limits of Department facilities, furnishes counseling to such veteran to assist such veteran in overcoming the psychological effects of the veteran's detention or internment as a prisoner of war.

(Added Pub. L. 99–166, title I, §107(a), Dec. 3, 1985, 99 Stat. 945, §612B; renumbered §1712B 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 612B 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".
38 U.S.C. § 1949 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter II / Section 1949: Beneficiaries
Beneficiaries
Status: in_force

(a) Designation.—A person who enrolls in United States Government life insurance may designate a beneficiary of the insurance policy. Subject to regulations, the insured person shall at all times have the right to change the beneficiary or beneficiaries of a United States Government life insurance policy without the consent of such beneficiary or beneficiaries.

(b) Determination in Cases of Non-Designation.—If a person enrolled in United States Government life insurance does not designate a beneficiary under subsection (a) before the insured person dies, or if a designated beneficiary predeceases the insured person, the Secretary shall determine the beneficiary in the following order:

(1) The surviving spouse of the insured person.

(2) The children of the insured person and descendants of deceased children by representation.

(3) The parents of the insured person or the survivors of the parents.

(4) The duly appointed executor or administrator of the estate of the insured person.

(5) Other next of kin of the insured person entitled under the laws of domicile of the insured person at the time of the death of the insured person.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1160, §749; renumbered §1949, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; amended Pub. L. 117–313, §3(b)(1), Dec. 27, 2022, 136 Stat. 4400.)

Editorial Notes

Amendments

2022—Pub. L. 117–313 amended section generally. Prior to amendment, text read as follows: "Subject to regulations, the insured shall at all times have the right to change the beneficiary or beneficiaries of a United States Government life insurance policy without the consent of such beneficiary or beneficiaries."

1991—Pub. L. 102–83 renumbered section 749 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Pub. L. 117–313 applicable with respect to the death of an insured person occurring on or after the date that is two years before Dec. 27, 2022, see section 3(c) of Pub. L. 117–313, set out as a note under section 1917 of this title.
38 U.S.C. § 8305 (2024) — Title 38: VETERANS' BENEFITS / Chapter 83 / Section 8305: Savings provision
Savings provision
Status: in_force

(a) Nothing contained in this chapter shall be construed to repeal or modify any law authorizing the acceptance of devises, bequests, or gifts to the United States for their own use and benefit or for any particular purpose specified by the donors or testators.

(b) Whenever the United States receives property and it appears that it is, or shall have been, the intention of the testator or donor that such devise, bequest, or gift be for the benefit of those persons described in section 8301 of this title, or any particular hospital or other institution operated primarily for their benefit, such property or the proceeds thereof shall be credited to the General Post Fund, and shall be used or disbursed in accordance with the provisions of this chapter.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1255, §5105; renumbered §8305 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.)

Editorial Notes

Amendments

1991—Pub. L. 102–40, §402(b)(1), renumbered section 5105 of this title as this section.

Subsec. (b). Pub. L. 102–40, §402(d)(1), substituted "8301" for "5101".
38 U.S.C. § 7407 (2024) — Title 38: VETERANS' BENEFITS / Chapter 74 / Subchapter I / Section 7407: Administrative provisions for section 7405 and 7406 appointments
Administrative provisions for section 7405 and 7406 appointments
Status: in_force

(a) When the Under Secretary for Health determines that it is not possible to recruit qualified citizens for the necessary services, appointments under sections 7405 and 7406 of this title may be made without regard to the citizenship requirements of section 7402(c) of this title or of any other law prohibiting the employment of, or payment of compensation to, a person who is not a citizen of the United States.

(b)(1) Subject to paragraph (2), the Under Secretary for Health may waive for the purpose of the appointment of an individual under section 7405 or 7406 of this title the requirements set forth in section 7402(b) of this title—

(A) that a physician, dentist, psychologist, optometrist, registered nurse, practical or vocational nurse, or physical therapist be licensed or certified, as appropriate;

(B) that the licensure or certification of such an individual be in a State; and

(C) that a psychologist have completed an internship.

(2) The waivers authorized in paragraph (1) may be granted—

(A) in the case of clauses (A) and (C) of such paragraph, if the individual (i) will be employed to conduct research or serve in an academic position, and (ii) will have no responsibility for furnishing direct patient care services; and

(B) in the case of clause (B) of such paragraph, if the individual will be employed to serve in a country other than the United States and the individual's licensure or registration is in the country in which the individual is to serve.

(c) The program of training prescribed by the Secretary in order to qualify a person for the position of full-time physician assistant or expanded-function dental auxiliary shall be considered a full-time institutional program for purposes of chapter 34 of this title. The Secretary may consider training for such a position to be on a less than full-time basis for purposes of such chapter when the combined classroom (and other formal instruction) portion of the program and the on-the-job training portion of the program total less than 30 hours per week.

(d) A person may not be appointed under section 7405 or 7406 of this title to an occupational category described in section 7401(1) of this title or in section 7406 of this title unless the person meets the requirements established in section 7402(d) of this title and regulations prescribed under that section.

(e) In accordance with the provisions of section 7425(b) of this title, the provisions of chapter 34 of title 5 pertaining to part-time career employment shall not apply to part-time appointments under sections 7405 and 7406 of this title.

(Added Pub. L. 102–40, title IV, §401(b)(2), May 7, 1991, 105 Stat. 228; amended Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 4114(c)–(g) of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.

Amendments

1992—Subsecs. (a), (b)(1). Pub. L. 102–405 substituted "Under Secretary for Health" for "Chief Medical Director".
38 U.S.C. § 1973 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter III / Section 1973: Forfeiture
Forfeiture
Status: in_force

Any person guilty of mutiny, treason, spying, or desertion, or who, because of conscientious objections, refuses to perform service in the Armed Forces of the United States or refuses to wear the uniform of such force, shall forfeit all rights to Servicemembers' Group Life Insurance and Veterans' Group Life Insurance under this subchapter. No such insurance shall be payable for death inflicted as a lawful punishment for crime or for military or naval offense, except when inflicted by an enemy of the United States.

(Added Pub. L. 89–214, §1(a), Sept. 29, 1965, 79 Stat. 885, §773; renumbered §1973, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; amended Pub. L. 104–275, title IV, §405(b)(1)(F), Oct. 9, 1996, 110 Stat. 3339; Pub. L. 110–389, title IV, §403(d), Oct. 10, 2008, 122 Stat. 4174.)

Editorial Notes

Amendments

2008—Pub. L. 110–389 inserted "and Veterans' Group Life Insurance" before "under this subchapter".

1996—Pub. L. 104–275 substituted "Servicemembers' Group" for "Servicemen's Group".

1991—Pub. L. 102–83 renumbered section 773 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–389, title IV, §403(e)(4), Oct. 10, 2008, 122 Stat. 4175, provided that: "The amendment made by subsection (d) [amending this section] shall apply with respect to any act of mutiny, treason, spying, or desertion committed on or after the date of the enactment of this Act [Oct. 10, 2008] for which a person is found guilty, or with respect to refusal because of conscientious objections to perform service in, or to wear the uniform of, the Armed Forces on or after the date of the enactment of this Act."
38 U.S.C. § 8137 (2024) — Title 38: VETERANS' BENEFITS / Chapter 81 / Subchapter III / Section 8137: State control of operations
State control of operations
Status: in_force

Except as otherwise specifically provided, nothing in this subchapter shall be construed as conferring on any Federal officer or employee the right to exercise any supervision or control over the administration, personnel, maintenance, or operation of any State home for which facilities are constructed or acquired with assistance received under this subchapter.

(Added Pub. L. 88–450, §4(a), Aug. 19, 1964, 78 Stat. 503, §5037; amended Pub. L. 98–528, title I, §105(5), Oct. 19, 1984, 98 Stat. 2690; renumbered §8137, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238.)

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 5037 of this title as this section.

1984—Pub. L. 98–528 inserted "or acquired" after "constructed".
38 U.S.C. § 4334 (2024) — Title 38: VETERANS' BENEFITS / Chapter 43 / Subchapter IV / Section 4334: Notice of rights and duties
Notice of rights and duties
Status: in_force

(a) Requirement To Provide Notice.—Each employer shall provide to persons entitled to rights and benefits under this chapter a notice of the rights, benefits, and obligations of such persons and such employers under this chapter. The requirement for the provision of notice under this section may be met by the posting of the notice where employers customarily place notices for employees.

(b) Content of Notice.—The Secretary shall provide to employers the text of the notice to be provided under this section.

(Added Pub. L. 108–454, title II, §203(a), Dec. 10, 2004, 118 Stat. 3606.)

Editorial Notes

Prior Provisions

A prior section 4334 was renumbered section 7634 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 108–454, title II, §203(c), Dec. 10, 2004, 118 Stat. 3606, provided that:

"(1) Not later than the date that is 90 days after the date of the enactment of this Act [Dec. 10, 2004], the Secretary of Labor shall make available to employers the notice required under section 4334 of title 38, United States Code, as added by subsection (a).

"(2) The amendments made by this section [enacting this section] shall apply to employers under chapter 43 of title 38, United States Code, on and after the first date referred to in paragraph (1)."
38 U.S.C. § 7473 (2024) — Title 38: VETERANS' BENEFITS / Chapter 74 / Subchapter VI / Section 7473: Personnel eligible for training
Personnel eligible for training
Status: in_force

(a) The Under Secretary for Health shall determine the manner in which personnel are to be selected for training in the Centers. Preference shall be given to career personnel of the Administration.

(b) To the extent that facilities are available medical and health personnel from outside the Administration may, on a reimbursable basis, be provided training in the Centers. Such reimbursement may include reciprocal training of personnel of the Administration provided under sharing arrangements entered into by the Under Secretary for Health and the heads of the entities providing such reciprocal training. Any amounts received by the United States as reimbursement under this subsection shall be credited to the applicable Department medical appropriation account.

(Added Pub. L. 102–40, title IV, §401(b)(5), May 7, 1991, 105 Stat. 237; amended Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 4123 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.

Amendments

1992—Pub. L. 102–405 substituted "Under Secretary for Health" for "Chief Medical Director" in subsecs. (a) and (b).
38 U.S.C. § 1730B (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter III / Section 1730B: Access to State prescription drug monitoring programs
Access to State prescription drug monitoring programs
Status: in_force

(a) Access to Programs.—(1) Any licensed health care provider or delegate of such a provider shall be considered an authorized recipient or user for the purpose of querying and receiving data from the national network of State-based prescription drug monitoring programs, or any individual State or regional prescription drug monitoring program, to support the safe and effective prescribing of controlled substances to covered patients.

(2) Under the authority granted by paragraph (1)—

(A) licensed health care providers or delegates of such providers shall query the national network of State-based prescription monitoring programs, or, if providing care in a State that does not participate in such national network, an individual State or regional prescription drug monitoring program, in accordance with applicable regulations and policies of the Veterans Health Administration; and

(B) notwithstanding any general or specific provision of law, rule, or regulation of a State, no State may restrict the access of licensed health care providers or delegates of such providers from accessing that State's prescription drug monitoring programs.

(3) No State shall deny or revoke the license, registration, or certification of a licensed health care provider or delegate who otherwise meets that State's qualifications for holding the license, registration, or certification on the basis that the licensed health care provider or delegate queried or received data, or attempted to query or receive data, from the national network of State-based prescription drug monitoring programs, or any individual State or regional prescription drug monitoring program, under this section.

(b) Covered Patients.—For purposes of this section, a covered patient is a patient who—

(1) receives a prescription for a controlled substance; and

(2) is not receiving palliative care or enrolled in hospice care.

(c) Definitions.—In this section:

(1) The term "controlled substance" has the meaning given such term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).

(2) The term "delegate" means a person or automated system accessing the national network of State-based prescription monitoring programs, or any individual State or regional prescription drug monitoring program, at the direction or under the supervision of a licensed health care provider.

(3) The term "licensed health care provider" means a health care provider employed by the Department who is licensed, certified, or registered within any State to fill or prescribe medications within the scope of his or her practice as a Department employee.

(4) The term "national network of State-based prescription monitoring programs" means an interconnected nation-wide system that facilitates the transfer to State prescription drug monitoring program data across State lines.

(5) The term "State" means a State, as defined in section 101(20) of this title, or a political subdivision of a State.

(Added Pub. L. 115–182, title I, §134(a), June 6, 2018, 132 Stat. 1428; amended Pub. L. 115–251, title II, §206, Sept. 29, 2018, 132 Stat. 3173.)

Editorial Notes

Amendments

2018—Subsec. (a)(1). Pub. L. 115–251, §206(1)(A), inserted ", or any individual State or regional prescription drug monitoring program," after "programs".

Subsec. (a)(2)(A). Pub. L. 115–251, §206(1)(B), substituted "the national network of State-based prescription monitoring programs, or, if providing care in a State that does not participate in such national network, an individual State or regional prescription drug monitoring program," for "such network".

Subsec. (a)(3). Pub. L. 115–251, §206(1)(C), which directed "inserting ', or any individual State or regional prescription drug monitoring program,' after programs", was executed by inserting the quoted text after "programs" as if that word had been enclosed in quotation marks in the directory language, to reflect the probable intent of Congress.

Subsec. (c)(2). Pub. L. 115–251, §206(2), inserted ", or any individual State or regional prescription drug monitoring program," after "programs".
38 U.S.C. § 717 (2024) — Title 38: VETERANS' BENEFITS / Chapter 7 / Subchapter I / Section 717: Limitation on administrative leave
Limitation on administrative leave
Status: in_force

(a) In General.—Except as provided in subsection (b), the Secretary may not place any covered individual on administrative leave, or any other type of paid non-duty status without charge to leave, for more than a total of 14 days during any 365-day period.

(b) Waiver.—The Secretary may waive the limitation under subsection (a) and extend the administrative leave or other paid non-duty status without charge to leave of a covered individual placed on such leave or status under subsection (a) if the Secretary submits to the Committees on Veterans' Affairs of the Senate and House of Representatives a detailed explanation of the reasons the individual was placed on administrative leave or other paid non-duty status without charge to leave and the reasons for the extension of such leave or status. Such explanation shall include the job title and grade of the covered individual and the location where the individual is employed.

(c) Covered Individual.—In this section, the term "covered individual" means an employee of the Department—

(1) who is subject to an investigation for purposes of determining whether such individual should be subject to any disciplinary action under this title or title 5; or

(2) against whom any disciplinary action is proposed or initiated under this title or title 5.

(Added Pub. L. 114–315, title V, §503(a)(1), Dec. 16, 2016, 130 Stat. 1568.)

Editorial Notes

Prior Provisions

Prior sections 717 and 718 were renumbered sections 1917 and 1918 of this title, respectively.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 114–315, title V, §503(b), Dec. 16, 2016, 130 Stat. 1568, provided that: "Section 717 of title 38, United States Code, as added by subsection (a)(1), shall apply with respect to any 365-day period beginning on or after the date of enactment of this Act [Dec. 16, 2016]."
38 U.S.C. § 314 (2024) — Title 38: VETERANS' BENEFITS / Chapter 3 / Section 314: Central Office
Central Office
Status: in_force

The Central Office of the Department shall be in the District of Columbia.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 383.)

Editorial Notes

Prior Provisions

Prior section 314 was renumbered section 1114 of this title.

Provisions similar to those in this section were contained in section 230(a) of this title prior to repeal by Pub. L. 102–83, §2(a).
38 U.S.C. § 3535 (2024) — Title 38: VETERANS' BENEFITS / Chapter 35 / Subchapter IV / Section 3535: Approval of courses
Approval of courses
Status: in_force

An eligible person shall receive the benefits of this chapter while enrolled in a course of education offered by an educational institution only if such course (1) is approved in accordance with the provisions of subchapter I 1 of chapter 36 of this title, or (2) is approved for the enrollment of the particular individual under the provisions of section 3536 of this title.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1199, §1735; Pub. L. 88–126, §2, Sept. 23, 1963, 77 Stat. 162; Pub. L. 89–358, §4(n), Mar. 3, 1966, 80 Stat. 25; Pub. L. 92–540, title IV, §402(4), Oct. 24, 1972, 86 Stat. 1090; renumbered §3535 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

References in Text

Subchapter I of chapter 36 of this title, referred to in text, was redesignated subchapter II (§3670 et seq.) of chapter 36 of this title by Pub. L. 117–333, §2(a)(1), Jan. 5, 2023, 136 Stat. 6122.

Amendments

1991—Pub. L. 102–83 renumbered section 1735 of this title as this section and substituted "3536" for "1736".

1972—Pub. L. 92–540 substituted reference to section 1736 of this title for reference to section 1737 of this title.

1966—Pub. L. 89–358 redesignated former subsec. (a) as the entire section, struck out therefrom the introductory phrase "Until the date for the expiration of all education and training under chapter 33 of this title,", substituted "An eligible person" for "and eligible person", "chapter" for "subchapter", and "subchapter I of chapter 36 of this title" for "this section or subchapter VII of this chapter", and struck out former subsec. (b) which provided for scope of approval and is now incorporated in section 1770(b) of this title.

1963—Subsec. (a). Pub. L. 88–126, §2(1), (2), inserted "Until the date for the expiration of all education and training under chapter 33 of this title, and" before "eligible person", and "or subchapter VII of this chapter" after "this section".

Subsec. (b). Pub. L. 88–126, §2(3), inserted "or section 1778."

Subsec. (c). Pub. L. 88–126, §2(4), repealed subsec. (c) which related to the responsibility of the Administrator, after the expiration date of all education and training under chapter 33 of this title, for the approval of any additional courses.

1 See References in Text note below.
38 U.S.C. § 1323 (2024) — Title 38: VETERANS' BENEFITS / Chapter 13 / Subchapter III / Section 1323: Certifications with respect to circumstances of death
Certifications with respect to circumstances of death
Status: in_force

Whenever the Secretary determines on the basis of a claim for benefits filed with the Secretary that a death occurred under the circumstances referred to in section 1476(a) of title 10, the Secretary shall certify that fact to the Secretary concerned. In all other cases, the Secretary shall make the determination referred to in such section at the request of the Secretary concerned.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1133, §423; Pub. L. 94–433, title IV, §405(19), Sept. 30, 1976, 90 Stat. 1380; Pub. L. 102–54, §14(b)(4), June 13, 1991, 105 Stat. 283; renumbered §1323 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), (3)(A), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

Editorial Notes

Prior Provisions

Prior sections 1401, 1402, 1411 to 1419, 1421 to 1423, 1431 to 1436, and 1500 were renumbered sections 3001, 3002, 3011 to 3019, 3021 to 3023, 3031 to former 3036, and 3100 of this title, respectively.

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 423 of this title as this section.

Pub. L. 102–83, §4(b)(3)(A), substituted "Certifications with respect to circumstances of death" for "Certifications by Administrator" in section catchline.

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

Pub. L. 102–54 struck out "or section 321(b) of title 32," after "title 10," and "1476(a) or 321(b)" after "such section".

1976—Pub. L. 94–433 substituted "with the Administrator" for "with him" and "the Administrator" for "he" before "shall certify" and "shall make".

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.
38 U.S.C. § 8510 (2024) — Title 38: VETERANS' BENEFITS / Chapter 85 / Subchapter I / Section 8510: Finality of decisions
Finality of decisions
Status: in_force

Decisions by the Secretary under this subchapter shall not be reviewable administratively by any other officer of the United States.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1259, §5210; renumbered §8510, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 5210 of this title as this section.

Pub. L. 102–83 substituted "Secretary" for "Administrator".
38 U.S.C. § 7284 (2024) — Title 38: VETERANS' BENEFITS / Chapter 72 / Subchapter III / Section 7284: Fee for transcript of record
Fee for transcript of record
Status: in_force

The Court of Appeals for Veterans Claims may fix a fee, not in excess of the fee authorized by law to be charged and collected therefor by the clerks of the district courts, for comparing, or for preparing and comparing, a transcript of the record of any proceeding before the Court, or for copying any record, entry, or other paper and the comparison and certification thereof.

(Added Pub. L. 100–687, div. A, title III, §301(a), Nov. 18, 1988, 102 Stat. 4118, §4084; renumbered §7284, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 105–368, title V, §512(a)(1), Nov. 11, 1998, 112 Stat. 3341.)

Editorial Notes

Amendments

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

1991—Pub. L. 102–40 renumbered section 4084 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.
38 U.S.C. § 1135 (2024) — Title 38: VETERANS' BENEFITS / Chapter 11 / Subchapter IV / Section 1135: Additional compensation for dependents
Additional compensation for dependents
Status: in_force

Any veteran entitled to compensation at the rates provided in section 1134 of this title, and whose disability is rated not less than 30 percent, shall be entitled to additional monthly compensation for dependents as provided in section 1115 of this title.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1123, §335; Pub. L. 92–328, title I, §108(b), June 30, 1972, 86 Stat. 396; Pub. L. 98–543, title I, §112(a), Oct. 24, 1984, 98 Stat. 2740; renumbered §1135 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 335 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted "1134" for "334" and "1115" for "315".

1984—Pub. L. 98–543 substituted "30 percent" for "50 per centum".

1972—Pub. L. 92–328 substituted provisions that the veteran be entitled to additional monthly compensation for dependents as provided in section 315 of this title, for provisions that the veteran be entitled to additional monthly compensation for dependents equal to 80% of the additional compensation for dependents provided in section 315 of this title, and subject to the limitations thereof, and adjusted upward or downward to the nearest dollar.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–543, title I, §112(b), Oct. 24, 1984, 98 Stat. 2740, provided that: "The amendment made by subsection (a) [amending this section] shall take effect as of October 1, 1978."

Effective Date of 1972 Amendment

Amendment by Pub. L. 92–328 effective July 1, 1973, see section 301(b) of Pub. L. 92–328, set out as a note under section 1134 of this title.
38 U.S.C. § 3470 (2024) — Title 38: VETERANS' BENEFITS / Chapter 34 / Subchapter III / Section 3470: Selection of program
Selection of program
Status: in_force

Subject to the provisions of this chapter, each eligible veteran may select a program of education to assist the veteran in attaining an educational, professional, or vocational objective at any educational institution (approved in accordance with chapter 36 of this title) selected by the veteran, which will accept and retain the veteran as a student or trainee in any field or branch of knowledge which such institution finds the veteran qualified to undertake or pursue.

(Added Pub. L. 89–358, §2, Mar. 3, 1966, 80 Stat. 15, §1670; amended Pub. L. 94–502, title II, §211(5), Oct. 15, 1976, 90 Stat. 2388; renumbered §3470, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Prior Provisions

Provisions similar to those comprising this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1177, which was classified to section 1620 (first sentence) of this title, prior to repeal by section 4(a) of Pub. L. 89–358.

Amendments

1991—Pub. L. 102–83 renumbered section 1670 of this title as this section.

1976—Pub. L. 94–502 substituted "the veteran" for "him" wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.
38 U.S.C. § 3764 (2024) — Title 38: VETERANS' BENEFITS / Chapter 37 / Subchapter V / Section 3764: Qualified non-Native American veterans
Qualified non-Native American veterans
Status: in_force

(a) Treatment of Non-Native American Veterans.—Subject to the succeeding provisions of this section, for purposes of this subchapter—

(1) a qualified non-Native American veteran is deemed to be a Native American veteran; and

(2) for purposes of applicability to a non-Native American veteran, any reference in this subchapter to the jurisdiction of a tribal organization over a Native American veteran is deemed to be a reference to jurisdiction of a tribal organization over the Native American spouse of the qualified non-Native American veteran.

(b) Use of Loan.—In making direct loans under this subchapter to a qualified non-Native American veteran by reason of eligibility under subsection (a), the Secretary shall ensure that the tribal organization permits, and the qualified non-Native American veteran actually holds, possesses, or purchases, using the proceeds of the loan, jointly with the Native American spouse of the qualified non-Native American veteran, a meaningful interest in the lot, dwelling, or both, that is located on trust land.

(c) Restrictions Imposed by Tribal Organizations.—Nothing in subsection (b) shall be construed as precluding a tribal organization from imposing reasonable restrictions on the right of the qualified non-Native American veteran to convey, assign, or otherwise dispose of such interest in the lot or dwelling, or both, if such restrictions are designed to ensure the continuation in trust status of the lot or dwelling, or both. Such requirements may include the termination of the interest of the qualified non-Native American veteran in the lot or dwelling, or both, upon the dissolution of the marriage of the qualified non-Native American veteran to the Native American spouse.

(Added Pub. L. 109–233, title I, §104(a)(2), June 15, 2006, 120 Stat. 401.)

Editorial Notes

Prior Provisions

A prior section 3764 was renumbered section 3765 of this title.