38 U.S.C. § 111A (2024) — Title 38: VETERANS' BENEFITS / Chapter 1 / Section 111A: Transportation of individuals to and from Department facilities
Transportation of individuals to and from Department facilities
Status: in_force

(a) Transportation by Secretary.—(1) The Secretary may transport any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care.

(2) The authority granted by paragraph (1) shall expire on September 30, 2025.

(b) Transportation by Third-parties.—(1) The Secretary, in consultation and coordination with the Secretary of Transportation and appropriate representatives of veterans' service organizations, shall take all appropriate steps to facilitate the establishment and maintenance of a program under which such organizations, or individuals who are volunteering their services to the Department, would take responsibility for the transportation, without reimbursement from the Department, to Department facilities of veterans (primarily those residing in areas which are geographically accessible to such facilities) who seek services or benefits from the Department under chapter 17 or other provisions of this title.

(2)(A) Not later than 90 days after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, the Secretary shall develop and establish a national protocol for the administration of medical examinations for volunteer drivers to participate in the program described in paragraph (1).

(B) In developing the protocol required by subparagraph (A), the Secretary shall consult with such persons as the Secretary determines have an interest in the program described in paragraph (1).

(C)(i) The Secretary shall implement the protocol by first conducting a one-year pilot program using the protocol.

(ii) After conducting the pilot program required by clause (i), the Secretary shall assess the pilot program and make such changes to the protocol as the Secretary considers appropriate.

(iii) After making changes to the protocol under clause (ii), the Secretary shall implement the protocol in phases during the course of one year.

(Added and amended Pub. L. 112–260, title II, §202(a), (b), Jan. 10, 2013, 126 Stat. 2423, 2424; Pub. L. 113–59, §6, Dec. 20, 2013, 127 Stat. 662; Pub. L. 113–175, title IV, §401, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, §401, Sept. 30, 2015, 129 Stat. 534; Pub. L. 114–228, title IV, §401, Sept. 29, 2016, 130 Stat. 939; Pub. L. 115–62, title IV, §401, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, §161, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116–159, div. E, title II, §5204, Oct. 1, 2020, 134 Stat. 750; Pub. L. 116–315, title VII, §7001, Jan. 5, 2021, 134 Stat. 5054; Pub. L. 117–180, div. E, title II, §201, Sept. 30, 2022, 136 Stat. 2137; Pub. L. 118–83, div. B, title III, §331, Sept. 26, 2024, 138 Stat. 1541.)

Editorial Notes

References in Text

The date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, referred to in subsec. (b)(2)(A), is the date of enactment of Pub. L. 116–315, which was approved Jan. 5, 2021.

Amendments

2024—Subsec. (a)(2). Pub. L. 118–83 substituted "September 30, 2025" for "September 30, 2024".

2022—Subsec. (a)(2). Pub. L. 117–180 substituted "September 30, 2024" for "September 30, 2022".

2021—Subsec. (b). Pub. L. 116–315 designated existing provisions as par. (1) and added par. (2).

2020—Subsec. (a)(2). Pub. L. 116–159 substituted "September 30, 2022" for "September 30, 2020".

2018—Subsec. (a)(2). Pub. L. 115–251 substituted "September 30, 2020" for "September 30, 2019".

2017—Subsec. (a)(2). Pub. L. 115–62 substituted "September 30, 2019" for "December 31, 2017".

2016—Subsec. (a)(2). Pub. L. 114–228 substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (a)(2). Pub. L. 114–58 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (a)(2). Pub. L. 113–175 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (a)(2). Pub. L. 113–59 substituted "December 31, 2014" for "the date that is one year after the date of the enactment of this section".

Subsec. (b). Pub. L. 112–260, §202(b), transferred subsec. (h) of section 111 of this title to this section, redesignated it as subsec. (b), and inserted heading.
38 U.S.C. § 3101 (2024) — Title 38: VETERANS' BENEFITS / Chapter 31 / Section 3101: Definitions
Definitions
Status: in_force

For the purposes of this chapter—

(10) 1 The term "emergency situation" has the meaning given such term in section 3601 of this title.

(2) The term "employment handicap" means an impairment, resulting in substantial part from a disability described in section 3102(1)(A) of this title, of a veteran's ability to prepare for, obtain, or retain employment consistent with such veteran's abilities, aptitudes, and interests.

(3) The term "independence in daily living" means the ability of a veteran, without the services of others or with a reduced level of the services of others, to live and function within such veteran's family and community.

(4) The term "program of education" has the meaning provided in section 3452(b) of this title.

(5) The term "program of independent living services and assistance" includes (A) the services provided for in this chapter that are needed to enable a veteran to achieve independence in daily living, including such counseling, diagnostic, medical, social, psychological, and educational services as are determined by the Secretary to be needed for such veteran to achieve maximum independence in daily living, and (B) the assistance authorized by this chapter for such veteran.

(6) The term "rehabilitated to the point of employability" means rendered employable in an occupation for which a vocational rehabilitation program has been provided under this chapter.

(7) The term "rehabilitation program" means (A) a vocational rehabilitation program, or (B) a program of independent living services and assistance authorized under section 3120 of this title for a veteran for whom a vocational goal has been determined not to be currently reasonably feasible.

(8) The term "serious employment handicap" means a significant impairment, resulting in substantial part from a service-connected disability rated at 10 percent or more, of a veteran's ability to prepare for, obtain, or retain employment consistent with such veteran's abilities, aptitudes, and interests.

(9) The term "vocational goal" means a gainful employment status consistent with a veteran's abilities, aptitudes, and interests.

(10) The term "vocational rehabilitation program" includes—

(A) the services provided for in this chapter that are needed for the accomplishment of the purposes of this chapter, including such counseling, diagnostic, medical, social, psychological, independent living, economic, educational, vocational, and employment services as are determined by the Secretary to be needed—

(i) in the case of a veteran for whom the achievement of a vocational goal has not been determined not to be currently reasonably feasible, (I) to determine whether a vocational goal is reasonably feasible, (II) to improve such veteran's potential to participate in a program of services designed to achieve a vocational goal, and (III) to enable such veteran to achieve maximum independence in daily living, and

(ii) in the case of a veteran for whom the achievement of a vocational goal is determined to be reasonably feasible, to enable such veteran to become, to the maximum extent feasible, employable and to obtain and maintain suitable employment, and

(B) the assistance authorized by this chapter for a veteran receiving any of the services described in clause (A) of this paragraph.

(Added Pub. L. 96–466, title I, §101(a), Oct. 17, 1980, 94 Stat. 2172, §1501; amended Pub. L. 99–576, title III, §333(b)(1), Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101–237, title IV, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered §3101 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, §101(a), Oct. 9, 1996, 110 Stat. 3323; Pub. L. 117–333, §3(e)(3)(A), Jan. 5, 2023, 136 Stat. 6128.)

Editorial Notes

Prior Provisions

Prior section 3101 was renumbered section 5301 of this title.

Amendments

2023—Pub. L. 117–333 added par. (10) defining "emergency situation" after introductory provisions and redesignated former pars. (1) to (9) as (2) to (10), respectively.

1996—Par. (1). Pub. L. 104–275, §101(a)(1), inserted ", resulting in substantial part from a disability described in section 3102(1)(A) of this title," after "impairment".

Par. (6). Pub. L. 104–275, §101(a)(2), inserted "authorized under section 3120 of this title" after "assistance".

Par. (7). Pub. L. 104–275, §101(a)(3), inserted ", resulting in substantial part from a service-connected disability rated at 10 percent or more," after "impairment".

1991—Pub. L. 102–83, §5(a), renumbered section 1501 of this title as this section.

Par. (3). Pub. L. 102–83, §5(c)(1), substituted "3452(b)" for "1652(b)".

1989—Pars. (4), (9)(A). Pub. L. 101–237 substituted "Secretary" for "Administrator".

1986—Pars. (6)(B), (9)(A)(i). Pub. L. 99–576 inserted "currently" after "be".

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–275, title I, §101(j), Oct. 9, 1996, 110 Stat. 3325, provided that:

"(1) Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 3102 to 3109, 3117, 3118, and 3120 of this title] shall take effect on the date of the enactment of this Act [Oct. 9, 1996].

"(2) The amendments made by subsection (a) (other than paragraph (2)) [amending this section], subsection (d) (other than subparagraphs (A) and (B) of paragraph (1)) [amending section 3104 of this title], and subsection (i) [amending section 3120 of this title] shall only apply with respect to claims of eligibility or entitlement to services and assistance (including claims for extension of such services and assistance) under chapter 31 of title 38, United States Code, received by the Secretary of Veterans Affairs on or after the date of the enactment of this Act, including those claims based on original applications, and applications seeking to reopen, revise, reconsider, or otherwise adjudicate or readjudicate on any basis claims for services and assistance under such chapter."

Effective Date

Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L. 96–466, as amended, set out as a note under section 3100 of this title.

1 So in original. Probably should be "(1)".
38 U.S.C. § 1720I (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter II / Section 1720I: Mental and behavioral health care for certain former members of the Armed Forces
Mental and behavioral health care for certain former members of the Armed Forces
Status: in_force

(a) In General.—The Secretary shall furnish to former members of the Armed Forces described in subsection (b)—

(1) an initial mental health assessment; and

(2) the mental healthcare or behavioral healthcare services authorized under this chapter that are required to treat the mental or behavioral health care needs of the former service members, including risk of suicide or harming others.

(b) Eligible Individuals.—A former member of the Armed Forces described in this subsection is an individual who—

(1) is a former member of the Armed Forces, including the reserve components;

(2) while serving in the active military, naval, air, or space service, was discharged or released therefrom under a condition that is not honorable but not—

(A) a dishonorable discharge; or

(B) a discharge by court-martial;

(3) is not enrolled in the health care system established by section 1705 of this title; and

(4)(A)(i) served in the Armed Forces for a period of more than 100 cumulative days; and

(ii) was deployed in a theater of combat operations, in support of a contingency operation, or in an area at a time during which hostilities are occurring in that area during such service, including by controlling an unmanned aerial vehicle from a location other than such theater or area; or

(B) while serving in the Armed Forces, was the victim of a physical assault of a sexual nature, a battery of a sexual nature, or sexual harassment (as defined in section 1720D(f) of this title).

(c) Non-Department Care.—(1) In furnishing mental or behavioral health care services to an individual under this section, the Secretary may provide such mental or behavioral health care services at a non-Department facility if—

(A) in the judgment of a mental health professional employed by the Department, the receipt of mental or behavioral health care services by that individual in facilities of the Department would be clinically inadvisable; or

(B) facilities of the Department are not capable of furnishing such mental or behavioral health care services to that individual economically because of geographical inaccessibility.

(2) The Secretary shall carry out paragraph (1) pursuant to section 1703 of this title or any other provision of law authorizing the Secretary to enter into contracts or agreements to furnish hospital care and medical services to veterans at non-Department facilities.

(d) Setting and Referrals.—In furnishing mental and behavioral health care services to individuals under this section, the Secretary shall—

(1) seek to ensure that such services are furnished in settings that are therapeutically appropriate, taking into account the circumstances that resulted in the need for such services; and

(2) provide referral services to assist former members who are not eligible for services under this chapter to obtain services from sources outside the Department.

(e) Information.—The Secretary shall provide information on the mental and behavioral health care services available under this section. Efforts by the Secretary to provide such information—

(1) shall include notification of each eligible individual described in subsection (b) about the eligibility of the individual for covered mental and behavioral health care under this section not later than the later of—

(A) 180 days after the date of the enactment of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018; or

(B) 180 days after the date on which the individual was discharged or released from the active military, naval, air, or space service;

(2) shall include availability of a toll-free telephone number (commonly referred to as an 800 number);

(3) shall ensure that information about the mental health care services available under this section—

(A) is revised and updated as appropriate;

(B) is made available and visibly posted at appropriate facilities of the Department; and

(C) is made available to State veteran agencies and through appropriate public information services; and

(4) shall include coordination with the Secretary of Defense seeking to ensure that members of the Armed Forces and individuals who are being separated from active military, naval, air, or space service are provided appropriate information about programs, requirements, and procedures for applying for mental health care services under this section.

(f) Annual Reports.—(1) Not later than February 15 each year, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the mental and behavioral health care services provided under this section.

(2) Each report submitted under paragraph (1) shall include, with respect to the year preceding the submittal of the report, the following:

(A) The number of eligible individuals who were furnished mental or behavioral health care services under this section, disaggregated by the number of men who received such services and the number of women who received such services.

(B) The number of individuals who requested an initial mental health assessment under subsection (a)(1).

(C) The types of mental or behavioral health care needs treated under this section.

(D) The demographics of individuals being treated under this section, including—

(i) age;

(ii) era of service in the Armed Forces;

(iii) branch of service in the Armed Forces; and

(iv) geographic location.

(E) The average number of visits for an individual for mental or behavioral health care under this section.

(F) Such other information as the Secretary considers appropriate.

(Added Pub. L. 115–141, div. J, title II, §258(a), Mar. 23, 2018, 132 Stat. 826, §1712I; renumbered §1720I, Pub. L. 115–182, title V, §511, June 6, 2018, 132 Stat. 1481; amended Pub. L. 115–251, title II, §205, Sept. 29, 2018, 132 Stat. 3173; Pub. L. 116–171, title I, §104, Oct. 17, 2020, 134 Stat. 782; Pub. L. 116–283, div. A, title IX, §926(a)(29), Jan. 1, 2021, 134 Stat. 3830.)

Editorial Notes

References in Text

The date of the enactment of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018, referred to in subsec. (e)(1)(A), is the date of enactment of div. J of Pub. L. 115–141, which was approved Mar. 23, 2018.

Amendments

2021—Subsec. (b)(2). Pub. L. 116–283 substituted "air, or space service" for "or air service" in introductory provisions.

Subsec. (e)(1)(B), (4). Pub. L. 116–283 substituted "air, or space service" for "or air service".

2020—Subsec. (f)(1). Pub. L. 116–171, §104(1), substituted "Not later than February 15" for "Not less frequently than once".

Subsec. (f)(2)(C) to (F). Pub. L. 116–171, §104(2), added subpars. (C) to (E) and redesignated former subpar. (C) as (F).

2018—Pub. L. 115–182 renumbered section 1712I of this title as this section.

Subsec. (b)(3). Pub. L. 115–251 substituted "is not enrolled" for "is not otherwise eligible to enroll".
38 U.S.C. § 3452 (2024) — Title 38: VETERANS' BENEFITS / Chapter 34 / Subchapter I / Section 3452: Definitions
Definitions
Status: in_force

For the purposes of this chapter and chapter 36 of this title—

(a)(1) The term "eligible veteran" means any veteran who—

(A) served on active duty for a period of more than 180 days, any part of which occurred after January 31, 1955, and before January 1, 1977, and was discharged or released therefrom under conditions other than dishonorable;

(B) contracted with the Armed Forces and was enlisted in or assigned to a reserve component prior to January 1, 1977, and as a result of such enlistment or assignment served on active duty for a period of more than 180 days, any part of which commenced within 12 months after January 1, 1977, and was discharged or released from such active duty under conditions other than dishonorable; or

(C) was discharged or released from active duty, any part of which was performed after January 31, 1955, and before January 1, 1977, or following entrance into active service from an enlistment provided for under subparagraph (B), because of a service-connected disability.

(2) The requirement of discharge or release, prescribed in subparagraph (A) or (B) of paragraph (1), shall be waived in the case of any individual who served more than 180 days in an active-duty status for so long as such individual continues on active duty without a break therein.

(3) For purposes of paragraph (1)(A) and section 3461(a), the term "active duty" does not include any period during which an individual (A) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (B) served as a cadet or midshipman at one of the service academies, or (C) served under the provisions of section 12103(d) of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve unless at some time subsequent to the completion of such period of active duty for training such individual served on active duty for a consecutive period of one year or more (not including any service as a cadet or midshipman at one of the service academies).

(b) The term "program of education" means any curriculum or any combination of unit courses or subjects pursued at an educational institution which is generally accepted as necessary to fulfill requirements for the attainment of a predetermined and identified educational, professional, or vocational objective. Such term also means any curriculum of unit courses or subjects pursued at an educational institution which fulfill requirements for the attainment of more than one predetermined and identified educational, professional, or vocational objective if all the objectives pursued are generally recognized as being reasonably related to a single career field. Such term also means any unit course or subject, or combination of courses or subjects, pursued by an eligible veteran at an educational institution, required by the Administrator of the Small Business Administration as a condition to obtaining financial assistance under the provisions of section 7(i)(1) of the Small Business Act (15 U.S.C. 636(i)(1)). Such term also includes licensing or certification tests, the successful completion of which demonstrates an individual's possession of the knowledge or skill required to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession, provided such tests and the licensing or credentialing organizations or entities that offer such tests are approved by the Secretary in accordance with section 3689 of this title. Such term also includes any course, or combination of courses, offered by a qualified provider of entrepreneurship courses. Such term also includes national tests for admission to institutions of higher learning or graduate schools (such as the Scholastic Aptitude Test (SAT), Law School Admission Test (LSAT), Graduate Record Exam (GRE), and Graduate Management Admission Test (GMAT)), national tests providing an opportunity for course credit at institutions of higher learning (such as the Advanced Placement (AP) exam and College-Level Examination Program (CLEP)), and national tests that evaluate prior learning and knowledge and provides 1 an opportunity for course credit at an institution of higher learning.

(c) The term "educational institution" means any public or private elementary school, secondary school, vocational school, correspondence school, business school, junior college, teachers' college, college, normal school, professional school, university, or scientific or technical institution, or other institution furnishing education for adults. Such term includes any entity that provides training required for completion of any State-approved alternative teacher certification program (as determined by the Secretary). Such term also includes any private entity (that meets such requirements as the Secretary may establish) that offers, either directly or under an agreement with another entity (that meets such requirements), a course or courses to fulfill requirements for the attainment of a license or certificate generally recognized as necessary to obtain, maintain, or advance in employment in a profession or vocation in a high technology occupation (as determined by the Secretary). Such term also includes any qualified provider of entrepreneurship courses.

(d) The term "dependent" means—

(1) a child of an eligible veteran;

(2) a dependent parent of an eligible veteran; and

(3) the spouse of an eligible veteran.

(e) The term "training establishment" means any of the following:

(1) An establishment providing apprentice or other on-job training, including those under the supervision of a college or university or any State department of education.

(2) An establishment providing self-employment on-job training consisting of full-time training for a period of less than six months that is needed or accepted for purposes of obtaining licensure to engage in a self-employment occupation or required for ownership and operation of a franchise that is the objective of the training.

(3) A State board of vocational education.

(4) A Federal or State apprenticeship registration agency.

(5) The sponsor of a program of apprenticeship.

(6) An agency of the Federal Government authorized to supervise such training.

(f) The term "institution of higher learning" means a college, university, or similar institution, including a technical or business school, offering postsecondary level academic instruction that leads to an associate or higher degree if the school is empowered by the appropriate State education authority under State law to grant an associate or higher degree. When there is no State law to authorize the granting of a degree, the school may be recognized as an institution of higher learning if it is accredited for degree programs by a recognized accrediting agency. Such term shall also include a hospital offering educational programs at the postsecondary level without regard to whether the hospital grants a postsecondary degree. Such term shall also include an educational institution which is not located in a State, which offers a course leading to a standard college degree, or the equivalent, and which is recognized as such by the secretary of education (or comparable official) of the country or other jurisdiction in which the institution is located.

(g) The term "standard college degree" means an associate or higher degree awarded by (1) an institution of higher learning that is accredited as a collegiate institution by a recognized regional or national accrediting agency; or (2) an institution of higher learning that is a "candidate" for accreditation as that term is used by the regional or national accrediting agencies; or (3) an institution of higher learning upon completion of a course which is accredited by an agency recognized to accredit specialized degree-level programs. For the purpose of this section, the accrediting agency must be one recognized by the Secretary of Education under the provisions of section 3675 of this title.

(h) The term "qualified provider of entrepreneurship courses" means any small business development center described in section 21 of the Small Business Act (15 U.S.C. 648), insofar as such center offers, sponsors, or cosponsors an entrepreneurship course, as that term is defined in section 3675(c)(2).

(Added Pub. L. 89–358, §2, Mar. 3, 1966, 80 Stat. 13, §1652; amended Pub. L. 90–77, title III, §304(c), Aug. 31, 1967, 81 Stat. 186; Pub. L. 91–219, title II, §201, Mar. 26, 1970, 84 Stat. 78; Pub. L. 91–584, §10, Dec. 24, 1970, 84 Stat. 1577; Pub. L. 93–508, title II, §201, Dec. 3, 1974, 88 Stat. 1581; Pub. L. 94–502, title II, §§202, 210(1), 211(1), title IV, §402, Oct. 15, 1976, 90 Stat. 2385, 2388, 2392; Pub. L. 96–466, title III, §307(a), title VIII, §801(a), Oct. 17, 1980, 94 Stat. 2193, 2216; Pub. L. 97–295, §4(38), Oct. 12, 1982, 96 Stat. 1307; renumbered §3452 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title VI, §603(a), Nov. 2, 1994, 108 Stat. 4671; Pub. L. 104–275, title I, §102, Oct. 9, 1996, 110 Stat. 3326; Pub. L. 106–419, title I, §122(a), Nov. 1, 2000, 114 Stat. 1833; Pub. L. 107–14, §8(a)(4), June 5, 2001, 115 Stat. 34; Pub. L. 107–103, title I, §110(a), Dec. 27, 2001, 115 Stat. 986; Pub. L. 108–183, title III, §301(a), §305(c)–(e), Dec. 16, 2003, 117 Stat. 2658, 2660; Pub. L. 108–454, title I, §§106(a), 110(a), Dec. 10, 2004, 118 Stat. 3602, 3605; Pub. L. 109–163, div. A, title V, §515(e)(4), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 112–239, div. A, title XVI, §1699(c)(2), Jan. 2, 2013, 126 Stat. 2092; Pub. L. 115–48, title I, §108(c), Aug. 16, 2017, 131 Stat. 978.)

Editorial Notes

Prior Provisions

Provisions similar to those comprising subsecs. (a) to (d) of this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1174, 1176, which was classified to former sections 1601(a)(2) and 1611(a)(1), and 1601(a)(3), (5), and (6) of this title, respectively, prior to repeal by section 4(a) of Pub. L. 89–358.

Amendments

2017—Subsec. (b). Pub. L. 115–48 substituted ", national tests providing" for "and national tests providing" and inserted before period at end ", and national tests that evaluate prior learning and knowledge and provides an opportunity for course credit at an institution of higher learning".

2013—Subsec. (h). Pub. L. 112–239 substituted "any small business development center described in section 21 of the Small Business Act (15 U.S.C. 648), insofar as such center offers, sponsors, or cosponsors an entrepreneurship course, as that term is defined in section 3675(c)(2)." for "any of the following entities insofar as such entity offers, sponsors, or cosponsors an entrepreneurship course (as defined in section 3675(c)(2) of this title):

"(1) Any small business development center described in section 21 of the Small Business Act (15 U.S.C. 648).

"(2) The National Veterans Business Development Corporation (established under section 33 of the Small Business Act (15 U.S.C. 657c))."

2006—Subsec. (a)(3)(C). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".

2004—Subsec. (b). Pub. L. 108–454, §106(a), inserted at end "Such term also includes national tests for admission to institutions of higher learning or graduate schools (such as the Scholastic Aptitude Test (SAT), Law School Admission Test (LSAT), Graduate Record Exam (GRE), and Graduate Management Admission Test (GMAT)) and national tests providing an opportunity for course credit at institutions of higher learning (such as the Advanced Placement (AP) exam and College-Level Examination Program (CLEP))."

Subsec. (e)(5). Pub. L. 108–454, §110(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "A joint apprenticeship committee established pursuant to the Act of August 16, 1937, popularly known as the 'National Apprenticeship Act' (29 U.S.C. 50 et seq.)."

2003—Subsec. (b). Pub. L. 108–183, §305(c), inserted at end "Such term also includes any course, or combination of courses, offered by a qualified provider of entrepreneurship courses."

Subsec. (c). Pub. L. 108–183, §305(d), inserted at end "Such term also includes any qualified provider of entrepreneurship courses."

Subsec. (e). Pub. L. 108–183, §301(a), substituted "means any of the following:" and pars. (1) to (6) for "means any establishment providing apprentice or other training on the job, including those under the supervision of a college or university or any State department of education, or any State apprenticeship agency, or any State board or vocational education, or any joint apprenticeship committee, or the Bureau of Apprenticeship and Training established pursuant to the Act of August 16, 1937, popularly known as the 'National Apprenticeship Act' (29 U.S.C. 50 et seq.), or any agency of the Federal Government authorized to supervise such training."

Subsec. (h). Pub. L. 108–183, §305(e), added subsec. (h).

2001—Subsec. (a)(1)(A). Pub. L. 107–14, §8(a)(4)(A)(i), struck out "or" at end.

Subsec. (a)(1)(C). Pub. L. 107–14, §8(a)(4)(A)(ii), substituted "subparagraph (B)" for "clause (B) of this paragraph".

Subsec. (a)(2). Pub. L. 107–14, §8(a)(4)(B), substituted "subparagraph (A) or (B) of paragraph (1)" for "paragraph (1)(A) or (B)" and "180 days" for "one hundred and eighty days".

Subsec. (a)(3). Pub. L. 107–14, §8(a)(4)(C), substituted "section 12103(d) of title 10" for "section 511(d) of title 10".

Subsec. (c). Pub. L. 107–103 inserted at end "Such term also includes any private entity (that meets such requirements as the Secretary may establish) that offers, either directly or under an agreement with another entity (that meets such requirements), a course or courses to fulfill requirements for the attainment of a license or certificate generally recognized as necessary to obtain, maintain, or advance in employment in a profession or vocation in a high technology occupation (as determined by the Secretary)."

Subsec. (e). Pub. L. 107–14, §8(a)(4)(D), substituted "the Act of August 16, 1937, popularly known as the 'National Apprenticeship Act' (29 U.S.C. 50 et seq.)," for "chapter 4C of title 29,".

2000—Subsec. (b). Pub. L. 106–419 inserted at end "Such term also includes licensing or certification tests, the successful completion of which demonstrates an individual's possession of the knowledge or skill required to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession, provided such tests and the licensing or credentialing organizations or entities that offer such tests are approved by the Secretary in accordance with section 3689 of this title."

1996—Subsec. (c). Pub. L. 104–275 substituted "Such" for "For the period ending on September 30, 1996, such".

1994—Subsec. (c). Pub. L. 103–446 inserted at end "For the period ending on September 30, 1996, such term includes any entity that provides training required for completion of any State-approved alternative teacher certification program (as determined by the Secretary)."

1991—Pub. L. 102–83, §5(a), renumbered section 1652 of this title as this section.

Subsec. (a)(3). Pub. L. 102–83, §5(c)(1), substituted "3461(a)" for "1661(a)".

Subsec. (g). Pub. L. 102–83, §5(c)(1), substituted "3675" for "1775".

1982—Subsec. (b). Pub. L. 97–295 substituted "section 7(i)(1) of the Small Business Act (15 U.S.C. 636(i)(1))" for "402(a) of the Economic Opportunity Act of 1964 (42 U.S.C. 2902(a))".

1980—Pub. L. 96–466, §801(a)(1), inserted "and chapter 36 of this title" after "chapter" in introductory text.

Subsec. (e). Pub. L. 96–466, §801(a)(2), substituted "The" for "For the purposes of this chapter and chapter 36 of this title, the".

Subsec. (f). Pub. L. 96–466, §§307(a), 801(a)(2), substituted "The" for "For the purposes of this chapter and chapter 36 of this title, the" and inserted provision including within "institution of higher learning" an educational institution which is not located in a State, which offers a course leading to a standard college degree, or the equivalent, and which is recognized as such by the secretary of education (or comparable official) of the country or other jurisdiction in which the institution is located.

Subsec. (g). Pub. L. 96–466, §801(a)(2), (3), substituted "The" for "For the purposes of this chapter and chapter 36 of this title, the" and "Secretary of Education" for "Commissioner of Education".

1976—Subsec. (a)(1). Pub. L. 94–502, §402(1), restricted the definition of an eligible veteran to a veteran who commenced his active duty requirement after Jan. 31, 1955 but before Jan. 1, 1977, with the exception of a veteran who enlisted or was assigned to a reserve component before Jan. 1, 1977 and commenced his active duty requirement within 12 months following Jan. 1, 1977.

Subsec. (a)(2). Pub. L. 94–502, §§211(1), 402(2), substituted "such individual" for "he" and inserted "or (B)" after "paragraph (1)(A)".

Subsec. (d)(3). Pub. L. 94–502, §211(1), substituted "spouse" for "wife".

Subsec. (e). Pub. L. 94–502, §210(1), struck out "United States Code," after "chapter 4C of title 29,".

Subsecs. (f), (g). Pub. L. 94–502, §202, added subsecs. (f) and (g).

1974—Subsec. (a)(3). Pub. L. 93–508 substituted "Coast Guard Reserve unless at some time subsequent to the completion of such period of active duty for training such individual served on active duty for a consecutive period of one year or more (not including any service as a cadet or midshipman at one of the service academies)" for "Coast Guard Reserve".

1970—Subsec. (a)(2). Pub. L. 91–584, §10(1), substituted "more than one hundred eighty days" for "at least two years".

Subsec. (b). Pub. L. 91–584, §10(2), expanded the definition of "program of education" to include unit course or subject, or combination of courses or subjects, pursued by eligible veterans at an educational institution, required by the Administrator of the Small Business Administration as a condition to obtaining financial assistance under section 2902(a) of title 42.

Pub. L. 91–219, §201(a), provided that a program of education may include more than one predetermined and identified educational, professional, or vocational objective if all the objectives pursued are generally recognized as being reasonably related to single career field.

Subsec. (c). Pub. L. 91–219, §201(b), included within the term "educational institution" any public or private "elementary" school, and substituted "other institution furnishing education for adults", for "any other institution if it furnishes education at the secondary school level or above".

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

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Amendment by Pub. L. 115–48 applicable to a test taken on or after Aug. 1, 2018, see section 108(d) of Pub. L. 115–48, set out as a note under section 3315 of this title.

Effective Date of 2003 Amendment

Pub. L. 108–183, title III, §301(b), Dec. 16, 2003, 117 Stat. 2658, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the date that is six months after the date of the enactment of this Act [Dec. 16, 2003] and shall apply to self-employment on-job training approved and pursued on or after that date."

Pub. L. 108–183, title III, §305(f), Dec. 16, 2003, 117 Stat. 2661, provided that: "The amendments made by this section [amending this section and sections 3471 and 3675 of this title] shall apply to courses approved by State approving agencies after the date of the enactment of this Act [Dec. 16, 2003]."

Effective Date of 2001 Amendment

Pub. L. 107–103, title I, §110(b), Dec. 27, 2001, 115 Stat. 986, provided that: "The amendments made by subsection (a) [amending this section and section 3501 of this title] shall apply to enrollments in courses beginning on or after the date of the enactment of this Act [Dec. 27, 2001]."

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–419 effective Mar. 1, 2001, and applicable with respect to licensing and certification tests approved by the Secretary of Veterans Affairs on or after such date, see section 122(d) of Pub. L. 106–419, set out as a note under section 3032 of this title.

Effective Date of 1980 Amendment

Pub. L. 96–466, title VIII, §802(c), Oct. 17, 1980, 94 Stat. 2218, provided that:

"(1) Except as provided in paragraph (2), the amendments made by title III [see Tables for classification] shall become effective on October 1, 1980.

"(2) Paragraph (2) of section 1691(a) [probably means 1691(b), now 3491(b)] of title 38, United States Code, as added by section 311(2), shall not apply to any person receiving educational assistance under chapter 34 of title 38, United States Code, on October 1, 1980, for the pursuit of a program of education, as defined in section 1652(b) [now 3452(b)] of such title, in which such person is enrolled on that date, for as long as such person continuously thereafter is so enrolled and meets the requirements of eligibility for such assistance for pursuit of such program."

Pub. L. 96–466, title VIII, §802(h), Oct. 17, 1980, 94 Stat. 2219, provided that: "Section 801 [see Tables for classification] shall become effective on October 1, 1980."

Effective Date of 1976 Amendment

Amendment by sections 202, 210(1), and 211(1) of 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.

Amendment by section 402 of Pub. L. 94–502 effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as an Effective Date note under section 3201 of this title.

Effective Date of 1974 Amendment

Section 503 of Pub. L. 93–508 provided that: "Titles II and IV of this Act [see Tables for classification] shall become effective on the date of their enactment [Dec. 3, 1974]."

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.

Transfer of Functions

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

1 So in original. Probably should be "provide".
38 U.S.C. § 3704 (2024) — Title 38: VETERANS' BENEFITS / Chapter 37 / Subchapter I / Section 3704: Restrictions on loans
Restrictions on loans
Status: in_force

(a) No loan for the purchase or construction of residential property shall be financed through the assistance of this chapter unless the property meets or exceeds minimum requirements for planning, construction, and general acceptability prescribed by the Secretary; however, this subsection shall not apply to a loan for the purchase of residential property on which construction is fully completed more than one year before such loan is made.

(b) Subject to notice and opportunity for a hearing, the Secretary may refuse to appraise any dwelling or housing project owned, sponsored, or to be constructed by any person identified with housing previously sold to veterans under this chapter as to which substantial deficiencies have been discovered, or as to which there has been a failure or indicated inability to discharge contractual liabilities to veterans, or as to which it is ascertained that the type of contract of sale or the methods or practices pursued in relation to the marketing of such properties were unfair or unduly prejudicial to veteran purchasers. The Secretary may also refuse to appraise any dwelling or housing project owned, sponsored, or to be constructed by any person refused the benefits of participation under the National Housing Act pursuant to a determination of the Secretary of Housing and Urban Development.

(c)(1) Except as provided in paragraph (2) of this subsection, no loan for the purchase or construction of residential property shall be financed through the assistance of this chapter unless the veteran applicant, at the time that the veteran applies for the loan, and also at the time that the loan is closed, certifies in such form as the Secretary may require, that the veteran intends to occupy the property as the veteran's home. Except as provided in paragraph (2) of this subsection, no loan for the repair, alteration, or improvement of residential property shall be financed through the assistance of the provisions of this chapter unless the veteran applicant, at the time that the veteran applies to the lender for the loan, and also at the time that the loan is closed, certifies, in such form as may be required by the Secretary, that the veteran occupies the property as the veteran's home. Notwithstanding the foregoing provisions of this subsection, in the case of a loan automatically guaranteed under this chapter, the veteran shall be required to make the certification only at the time the loan is closed. For the purposes of this chapter the requirement that the veteran recipient of a guaranteed or direct home loan must occupy or intend to occupy the property as the veteran's home means that the veteran as of the date of the veteran's certification actually lives in the property personally as the veteran's residence or actually intends upon completion of the loan and acquisition of the dwelling unit to move into the property personally within a reasonable time and to utilize such property as the veteran's residence. Notwithstanding the foregoing requirements of this subsection, the provisions for certification by the veteran at the time the veteran applies for the loan and at the time the loan is closed shall be considered to be satisfied if the Secretary finds that (1) in the case of a loan for repair, alteration, or improvement the veteran in fact did occupy the property at such times, or (2) in the case of a loan for construction or purchase the veteran intended to occupy the property as the veteran's home at such times and the veteran did in fact so occupy it when, or within a reasonable time after, the loan was closed.

(2) In any case in which a veteran is in active-duty status as a member of the Armed Forces and is unable to occupy a property because of such status, the occupancy requirements of this chapter shall be considered to be satisfied if—

(A) the spouse of the veteran occupies or intends to occupy the property as a home and the spouse makes the certification required by paragraph (1) of this subsection; or

(B) a dependent child of the veteran occupies or will occupy the property as a home and the veteran's attorney-in-fact or legal guardian of the dependent child makes the certification required by paragraph (1) of this subsection.

(d) Subject to notice and opportunity for a hearing, whenever the Secretary finds with respect to guaranteed or insured loans that any lender or holder has failed to maintain adequate loan accounting records, or to demonstrate proper ability to service loans adequately or to exercise proper credit judgment or has willfully or negligently engaged in practices otherwise detrimental to the interest of veterans or of the Government, the Secretary may refuse either temporarily or permanently to guarantee or insure any loans made by such lender or holder and may bar such lender or holder from acquiring loans guaranteed or insured under this chapter; however, the Secretary shall not refuse to pay a guaranty or insurance claim on loans theretofore entered into in good faith between a veteran and such lender. The Secretary may also refuse either temporarily or permanently to guarantee or insure any loans made by a lender or holder refused the benefits of participation under the National Housing Act pursuant to a determination of the Secretary of Housing and Urban Development.

(e) Any housing loan which is financed through the assistance of this chapter and to which section 3714 of this chapter applies shall include a provision that the loan is immediately due and payable upon transfer of the property securing such loan to any transferee unless the acceptability of the assumption of the loan is established pursuant to such section 3714.

(f) A loan for the purchase or construction of new residential property, the construction of which began after the energy efficiency standards under section 109 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12709), as amended by section 101(c) of the Energy Policy Act of 1992, take effect, may not be financed through the assistance of this chapter unless the new residential property is constructed in compliance with the standards established under such section 109, as in effect on the date of such construction.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1206, §1804; Pub. L. 86–73, §3, June 30, 1959, 73 Stat. 156; Pub. L. 86–665, §5, July 14, 1960, 74 Stat. 532; Pub. L. 89–117, title II, §217(b), Aug. 10, 1965, 79 Stat. 473; Pub. L. 90–19, §25(2), May 25, 1967, 81 Stat. 28; Pub. L. 91–506, §2(d), Oct. 23, 1970, 84 Stat. 1108; Pub. L. 93–569, §2(d), (e), Dec. 31, 1974, 88 Stat. 1863, 1864; Pub. L. 94–324, §7(7), (8), June 30, 1976, 90 Stat. 721; Pub. L. 97–295, §4(64), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 100–198, §§8(a)(1), 10(b), Dec. 21, 1987, 101 Stat. 1319, 1323; Pub. L. 100–322, title IV, §415(c)(3), May 20, 1988, 102 Stat. 551; Pub. L. 101–237, title III, §313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered §3704 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–486, title I, §101(c)(2), Oct. 24, 1992, 106 Stat. 2787; Pub. L. 103–446, title IX, §903, Nov. 2, 1994, 108 Stat. 4676; Pub. L. 112–154, title II, §207, Aug. 6, 2012, 126 Stat. 1179; Pub. L. 117–328, div. U, title II, §203(b), Dec. 29, 2022, 136 Stat. 5451.)

Editorial Notes

References in Text

The National Housing Act, referred to in subsecs. (b) and (d), is act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to chapter 13 (§1701 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.

Amendments

2022—Subsec. (f). Pub. L. 117–328 substituted "the standards established under such section 109, as in effect on the date of such construction" for "such standards".

2012—Subsec. (c)(2). Pub. L. 112–154 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "In any case in which a veteran is in active duty status as a member of the Armed Forces and is unable to occupy a property because of such status, the occupancy requirements of—

"(A) paragraph (1) of this subsection;

"(B) paragraphs (1) through (5) and paragraph (7) of section 3710(a) of this title;

"(C) section 3712(a)(5)(A)(i) of this title; and

"(D) section 3712(e)(5) of this title;

shall be considered to be satisfied if the spouse of the veteran occupies the property as the spouse's home and the spouse makes the certification required by paragraph (1) of this subsection."

1994—Subsecs. (e) to (g). Pub. L. 103–446 redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which read as follows: "No loan for the purchase or construction of new residential property (other than property served by a water and sewerage system approved by the Secretary of Housing and Urban Development pursuant to title X of the National Housing Act (12 U.S.C. 1749aa et seq.)) shall be financed through the assistance of this chapter, except pursuant to a commitment made prior to August 10, 1965, if such property is not served by a public or adequate community water and sewerage system and is located in an area where the appropriate local officials certify that the establishment of such systems is economically feasible. For purposes of this subsection, the economic feasibility of establishing public or adequate community water and sewerage systems shall be determined without regard to whether such establishment is authorized by law or is subject to approval by one or more local governments or public bodies."

1992—Subsec. (g). Pub. L. 102–486 added subsec. (g).

1991—Pub. L. 102–83, §5(a), renumbered section 1804 of this title as this section.

Subsec. (c)(2). Pub. L. 102–83, §5(c)(1), substituted "3710(a)" for "1810(a)" in subpar. (B), "3712(a)(5)(A)(i)" for "1812(a)(5)(A)(i)" in subpar. (C), and "3712(e)(5)" for "1812(e)(5)" in subpar. (D).

Subsec. (f). Pub. L. 102–83, §5(c)(1), substituted "3714" for "1814" in two places.

1989—Subsecs. (a) to (c)(1), (d). Pub. L. 101–237 substituted "Secretary" for "Administrator" wherever appearing.

1988—Subsec. (c)(2)(C). Pub. L. 100–322, §415(c)(3)(A), substituted "1812(a)(5)(A)(i)" for "1819(a)(5)(A)(i)".

Subsec. (c)(2)(D). Pub. L. 100–322, §415(c)(3)(b), substituted "1812(e)(5)" for "1819(e)(5)".

Subsec. (f). Pub. L. 100–322, §415(c)(3)(C), substituted "section 1814" for "section 1817A" in two places.

1987—Subsec. (c). Pub. L. 100–198, §8(a), designated existing provision as par. (1), substituted "Except as provided in paragraph (2) of this subsection, no" for "No" in first and second sentences, and added par. (2).

Subsec. (f). Pub. L. 100–198, §10(b), added subsec. (f).

1982—Subsec. (e). Pub. L. 97–295 inserted "(12 U.S.C. 1749aa et seq.)" after "the National Housing Act", and substituted "August 10, 1965" for "the date of the enactment of the Housing and Urban Development Act of 1965".

1976—Subsec. (c). Pub. L. 94–324, §7(7), substituted "the veteran" for "he" in six places and "the veteran's" for "his" wherever appearing.

Subsec. (d). Pub. L. 94–324, §7(8), substituted "the Administrator may" for "he may".

1974—Subsec. (b). Pub. L. 93–569, §2(e), struck out "under section 512 of that Act" after "determination of the Secretary of Housing and Urban Development".

Subsec. (c). Pub. L. 93–569, §2(d), inserted provision that, the foregoing provisions notwithstanding, in the case of an automatically guaranteed loan, the veteran is required to make certification only at the time of loan closing.

Subsec. (d). Pub. L. 93–569, §2(e), struck out "under section 512 of that Act" after "determination of the Secretary of Housing and Urban Development".

1970—Subsec. (b). Pub. L. 91–506 substituted "Subject to notice and opportunity for a hearing, the" for "The".

Subsec. (d). Pub. L. 91–506 substituted "Subject to notice and opportunity for a hearing, whenever" for "Whenever".

1967—Subsecs. (b), (d), (e). Pub. L. 90–19 substituted "Secretary of Housing and Urban Development" for "Federal Housing Commissioner".

1965—Subsec. (e). Pub. L. 89–117 added subsec. (e).

1960—Subsec. (c). Pub. L. 86–665 inserted sentence respecting satisfaction of provisions for certification by the veteran at the time he applies for the loan and at the time the loan is closed.

1959—Subsec. (b). Pub. L. 86–73, §3(a), authorized the Administrator to refuse to appraise any property if the builder or sponsor of the property had been barred by the Federal Housing Commissioner from participation in the FHA insurance program.

Subsec. (d). Pub. L. 86–73, §3(b), authorized the Administrator to refuse to guarantee or insure loans if the lender or holder of the loans has been barred by the Federal Housing Commissioner from participation in the FHA insurance program.

Statutory Notes and Related Subsidiaries

Effective Date of 1987 Amendment

Pub. L. 100–198, §8(c), Dec. 21, 1987, 101 Stat. 1320, provided that: "The amendments made by this section [amending this section and sections 1810 and 1819 [now 3710 and 3712] of this title] shall apply with respect to loans made more than 30 days after the date of the enactment of this Act [Dec. 21, 1987]."

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–324 effective June 30, 1976, see section 9(a) of Pub. L. 94–324, set out as a note under section 3701 of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–569 effective Dec. 31, 1974, see section 10 of Pub. L. 93–569, set out as a note under section 3702 of this title.
38 U.S.C. § 7299 (2024) — Title 38: VETERANS' BENEFITS / Chapter 72 / Subchapter V / Section 7299: Limitation on activities of retired judges
Limitation on activities of retired judges
Status: in_force

(a) A retired judge of the Court who is recall-eligible under section 7257 of this title and who in the practice of law represents (or supervises or directs the representation of) a client in making any claim relating to veterans' benefits against the United States or any agency thereof shall, pursuant to such section, be considered to have declined recall service and be removed from the status of a recall-eligible judge. The pay of such a judge, pursuant to section 7296 of this title, shall be the pay of the judge at the time of the removal from recall status.

(b) A recall-eligible judge shall be considered to be an officer or employee of the United States, but only during periods when the judge is serving in recall status. Any prohibition, limitation, or restriction that would otherwise apply to the activities of a recall-eligible judge shall apply only during periods when the judge is serving in recall status.

(Added Pub. L. 106–117, title X, §1024(a), Nov. 30, 1999, 113 Stat. 1593.)
38 U.S.C. § 902 (2024) — Title 38: VETERANS' BENEFITS / Chapter 9 / Section 902: Enforcement and arrest authority of Department police officers
Enforcement and arrest authority of Department police officers
Status: in_force

(a)(1) Employees of the Department who are Department police officers shall, with respect to acts occurring on Department property—

(A) enforce Federal laws;

(B) enforce the rules prescribed under section 901 of this title;

(C) enforce traffic and motor vehicle laws of a State or local government (by issuance of a citation for violation of such laws) within the jurisdiction of which such Department property is located as authorized by an express grant of authority under applicable State or local law;

(D) carry the appropriate Department-issued weapons, including firearms, while off Department property in an official capacity or while in an official travel status;

(E) conduct investigations, on and off Department property, of offenses that may have been committed on property under the original jurisdiction of Department, consistent with agreements or other consultation with affected Federal, State, or local law enforcement agencies; and

(F) carry out, as needed and appropriate, the duties described in subparagraphs (A) through (E) when engaged in duties authorized by other Federal statutes.

(2) Subject to regulations prescribed under subsection (b), a Department police officer may make arrests on Department property for a violation of a Federal law or any rule prescribed under section 901(a) of this title, and on any arrest warrant issued by competent judicial authority.

(3) Beginning not later than 180 days after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall require Department police officers to use cameras worn on the individual police officer's person that record and store audio and video (commonly known as "body worn cameras").

(b) The Secretary shall prescribe regulations with respect to Department police officers. Such regulations shall include—

(1) policies with respect to the exercise by Department police officers of the enforcement and arrest authorities provided by this section;

(2) the scope and duration of training that is required for Department police officers, with particular emphasis on dealing with situations involving patients; and

(3) rules limiting the carrying and use of weapons by Department police officers.

(c) The powers granted to Department police officers designated under this section shall be exercised in accordance with guidelines approved by the Secretary and the Attorney General.

(d) Rates of basic pay for Department police officers may be increased by the Secretary under section 7455 of this title.

(e)(1) The Secretary shall publish on the internet website of each facility of the Department the following information with respect to the facility:

(A) Summaries and statistics covering the previous five-year period regarding—

(i) arrests made by and tickets issued by Department police officers;

(ii) prosecutions, ticketing, and other actions relating to such arrests;

(iii) the use of force and weapons discharge by Department police officers; and

(iv) complaints, investigations, and disciplinary actions regarding Department police officers.

(B) Contact information for employees of the Department and the public to directly contact the police force of the facility, including for an individual (or the representative, attorney, or authorized agent of the individual) to request information regarding the arrest, ticketing, detainment, use of force, or other police matters pertaining to that individual.

(2) The Secretary shall ensure that each police force of a facility of the Department is able to provide to an individual who contacts the police force pursuant to paragraph (1)(B) the information described in such paragraph.

(f) Police Incidents.—(1)(A) The Secretary shall track and analyze the following information regarding the police force of the Department:

(i) Arrests made by and tickets issued by Department police officers.

(ii) Prosecutions, ticketing, and other actions relating to such arrests.

(iii) The use of force and weapons discharge.

(iv) Complaints, investigations, and disciplinary actions.

(B) The Secretary shall carry out subparagraph (A) by implementing one or more Department-wide data systems.

(2)(A) Beginning not later than one year after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall ensure that each incident described in subparagraph (C) is promptly reported to the Assistant Secretary with responsibility for operations, preparedness, security, and law enforcement functions.

(B) The Assistant Secretary shall, in a timely manner—

(i) review each incident described in subparagraph (C)(i) that is reported under subparagraph (A); and

(ii) investigate each incident described in subparagraph (C)(ii) that is reported under subparagraph (A).

(C) An incident described in this subparagraph is either of the following:

(i) An incident, including an allegation, of the use of force by a Department police officer.

(ii) An incident, including an allegation, of the use of force by a Department police officer that results in any person receiving medical attention.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 397; amended Pub. L. 111–163, title X, §1001, May 5, 2010, 124 Stat. 1181; Pub. L. 117–328, div. U, title IV, §405(a), (b)(1), (c), Dec. 29, 2022, 136 Stat. 5491, 5492.)

Editorial Notes

References in Text

The date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, referred to in subsecs. (a)(3) and (f)(2)(A), is the date of enactment of div. U of Pub. L. 117–328, which was approved Dec. 29, 2022.

Prior Provisions

A prior section 902 was renumbered section 2302 of this title, prior to repeal by Pub. L. 116–315.

Provisions similar to those in this section were contained in section 218(b) of this title prior to repeal by Pub. L. 102–83, §2(a).

Amendments

2022—Subsec. (a)(3). Pub. L. 117–328, §405(b)(1), added par. (3).

Subsec. (e). Pub. L. 117–328, §405(a), added subsec. (e).

Subsec. (f). Pub. L. 117–328, §405(c), added subsec. (f).

2010—Subsec. (a)(1). Pub. L. 111–163, §1001(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "Employees of the Department who are Department police officers shall, with respect to acts occurring on Department property, enforce—

"(A) Federal laws;

"(B) the rules prescribed under section 901 of this title; and

"(C) subject to paragraph (2), traffic and motor vehicle laws of a State or local government within the jurisdiction of which such Department property is located."

Subsec. (a)(2), (3). Pub. L. 111–163, §1001(1)(B), (C), redesignated par. (3) as (2), inserted ", and on any arrest warrant issued by competent judicial authority" before the period, and struck out former par. (2) which read as follows: "A law described in subparagraph (C) of paragraph (1) may be enforced under such subparagraph only as authorized by an express grant of authority under applicable State or local law. Any such enforcement shall be by the issuance of a citation for violation of such law."

Subsec. (c). Pub. L. 111–163, §1001(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The Secretary shall consult with the Attorney General before prescribing regulations under paragraph (1) of subsection (b)."

Statutory Notes and Related Subsidiaries

Guidance on the Use of Body Worn Cameras; Consultation

Pub. L. 117–328, div. U, title IV, §405(b)(2), (3), (f), Dec. 29, 2022, 136 Stat. 5492, 5493, provided that:

"(2) Guidance.—Not later than one year after the date of the enactment of this Act [Dec. 29, 2022], the Secretary of Veterans Affairs shall issue, and make publicly available, guidance on the use of body worn cameras by Department police officers pursuant to section 902(a)(3) of title 38, United States Code, as amended by paragraph (1).

"(3) Consultation.—The Secretary shall issue the guidance under paragraph (2) in consultation with veterans service organizations, civil rights organizations, law enforcement organizations, law enforcement accreditation organizations, privacy rights organizations, and other relevant organizations or experts.

"(f) Definitions.—In this section:

"(1) Body worn camera.—The term 'body worn camera' means a camera worn on an individual police officer's person that records and stores audio and video.

"(2) Department police officer.—The term 'Department police officer' means an employee of the Department of Veterans Affairs described in section 902(a) of title 38, United States Code."

Police Crisis Intervention Training of Department of Veterans Affairs

Pub. L. 116–214, title II, §205, Dec. 5, 2020, 134 Stat. 1038, provided that:

"(a) Training.—The Secretary of Veterans Affairs shall provide to Department police officers an annual training on the prevention of suicide among the population served by the Department police officers.

"(b) Curriculum.—In carrying out subsection (a), the Secretary shall update any similar training provided before the date of the enactment of this Act [Dec. 5, 2020] to ensure that the curriculum for the training addresses, at a minimum, the following:

"(1) Effective behavioral science procedures for suicide prevention and risk mitigation.

"(2) Crisis intervention and de-escalation skills, including through the use of interactive training.

"(3) Information about mental health and substance abuse disorders.

"(4) Information about local law enforcement crisis intervention teams and other resources for veterans experiencing mental health crises available by the Department of Veterans Affairs, other elements of the Federal Government, and the community in which the police officers serve.

"(c) Consultation.—The Secretary shall ensure that the annual training provided to Department police officers at a medical facility of the Department under subsection (a) is provided in consultation with law enforcement training accreditation organizations and the mental health experts at such facility.

"(d) Plan on Community Partnerships.—The Secretary shall ensure that each police force of a facility of the Department develops a plan to enter into partnerships with—

"(1) local community mental health organizations and experts, local community veterans organizations, and local community criminal justice organizations and experts; and

"(2) local police departments, including by facilitating the sharing of training resources with crisis intervention teams of the local police departments.

"(e) Report.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the annual training under subsection (a), including—

"(1) a description of the curriculum of such training;

"(2) with respect to the year preceding the date of the report—

"(A) the number of facilities of the Department that conducted such training;

"(B) the number of Department police officers who received such training; and

"(C) any barriers to ensuring that each Department police officer receives such training;

"(3) any recommendations to address the barriers identified under paragraph (2)(C); and

"(4) the number of facilities of the Department that have entered into partnerships pursuant to subsection (d).

"(f) Department Police Officer Defined.—In this section, the term 'Department police officer' means an employee of the Department of Veterans Affairs specified in section 902(a) of title 38, United States Code."
38 U.S.C. § 4303 (2024) — Title 38: VETERANS' BENEFITS / Chapter 43 / Subchapter I / Section 4303: Definitions
Definitions
Status: in_force

For the purposes of this chapter—

(1) The term "Attorney General" means the Attorney General of the United States or any person designated by the Attorney General to carry out a responsibility of the Attorney General under this chapter.

(2) The term "benefit", "benefit of employment", or "rights and benefits" means the terms, conditions, or privileges of employment, including any advantage, profit, privilege, gain, status, account, or interest (including wages or salary for work performed) that accrues by reason of an employment contract or agreement or an employer policy, plan, or practice and includes rights and benefits under a pension plan, a health plan, an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment.

(3) The term "employee" means any person employed by an employer. Such term includes any person who is a citizen, national, or permanent resident alien of the United States employed in a workplace in a foreign country by an employer that is an entity incorporated or otherwise organized in the United States or that is controlled by an entity organized in the United States, within the meaning of section 4319(c) of this title.

(4)(A) Except as provided in subparagraphs (B) and (C), the term "employer" means any person, institution, organization, or other entity that pays salary or wages for work performed or that has control over employment opportunities, including—

(i) a person, institution, organization, or other entity to whom the employer has delegated the performance of employment-related responsibilities;

(ii) the Federal Government;

(iii) a State;

(iv) any successor in interest to a person, institution, organization, or other entity referred to in this subparagraph; and

(v) a person, institution, organization, or other entity that has denied initial employment in violation of section 4311.

(B) In the case of a National Guard technician employed under section 709 of title 32, the term "employer" means the adjutant general of the State in which the technician is employed.

(C) Except as an actual employer of employees, an employee pension benefit plan described in section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)) shall be deemed to be an employer only with respect to the obligation to provide benefits described in section 4318.

(D)(i) Whether the term "successor in interest" applies with respect to an entity described in subparagraph (A) for purposes of clause (iv) of such subparagraph shall be determined on a case-by-case basis using a multi-factor test that considers the following factors:

(I) Substantial continuity of business operations.

(II) Use of the same or similar facilities.

(III) Continuity of work force.

(IV) Similarity of jobs and working conditions.

(V) Similarity of supervisory personnel.

(VI) Similarity of machinery, equipment, and production methods.

(VII) Similarity of products or services.

(ii) The entity's lack of notice or awareness of a potential or pending claim under this chapter at the time of a merger, acquisition, or other form of succession shall not be considered when applying the multi-factor test under clause (i).

(5) The term "Federal executive agency"—

(A) except as provided in subparagraph (B), includes—

(i) the United States Postal Service;

(ii) the Postal Regulatory Commission;

(iii) any nonappropriated fund instrumentality of the United States;

(iv) any Executive agency (as defined in section 105 of title 5); and

(v) any military department (as defined in section 102 of title 5) with respect to the civilian employees of that department; and

(B) does not include—

(i) an agency referred to in section 2302(a)(2)(C)(ii) of title 5;

(ii) the National Oceanic and Atmospheric Administration with respect to members of the commissioned officer corps of the National Oceanic and Atmospheric Administration; or

(iii) the Public Health Service with respect to members of the Commissioned Corps of the Public Health Service serving on active duty, active duty for training, or inactive duty training.

(6) The term "Federal Government" includes any Federal executive agency, the legislative branch of the United States, and the judicial branch of the United States.

(7) The term "health plan" means an insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or other arrangement under which health services for individuals are provided or the expenses of such services are paid.

(8) The term "notice" means (with respect to subchapter II) any written or verbal notification of an obligation or intention to perform service in the uniformed services provided to an employer by the employee who will perform such service or by the uniformed service in which such service is to be performed.

(9) The term "qualified", with respect to an employment position, means having the ability to perform the essential tasks of the position.

(10) The term "reasonable efforts", in the case of actions required of an employer under this chapter, means actions, including training provided by an employer, that do not place an undue hardship on the employer.

(11) Notwithstanding section 101, the term "Secretary" means the Secretary of Labor or any person designated by such Secretary to carry out an activity under this chapter.

(12) The term "seniority" means longevity in employment together with any benefits of employment which accrue with, or are determined by, longevity in employment.

(13) The term "service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, State active duty for a period of 14 days or more, State active duty in response to a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.), State active duty in response to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty, a period for which a System member of the National Urban Search and Rescue Response System is absent from a position of employment due to an appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, a period for which a person is absent from a position of employment due to an appointment into service in the Federal Emergency Management Agency as intermittent personnel under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1)), and a period for which a person is absent from employment for the purpose of performing funeral honors duty as authorized by section 12503 of title 10 or section 115 of title 32.

(14) The term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and other territories of the United States (including the agencies and political subdivisions thereof).

(15) The term "State active duty" means training or other duty, other than inactive duty, performed by a member of the National Guard of a State—

(A) not under section 502 of title 32 or under title 10;

(B) in service to the Governor of a State; and

(C) for which the member is not entitled to pay from the Federal Government.

(16) The term "undue hardship", in the case of actions taken by an employer, means actions requiring significant difficulty or expense, when considered in light of—

(A) the nature and cost of the action needed under this chapter;

(B) the overall financial resources of the facility or facilities involved in the provision of the action; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility;

(C) the overall financial resources of the employer; the overall size of the business of an employer with respect to the number of its employees; the number, type, and location of its facilities; and

(D) the type of operation or operations of the employer, including the composition, structure, and functions of the work force of such employer; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the employer.

(17) The term "uniformed services" means the Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the Commissioned Corps of the Public Health Service, the commissioned officer corps of the National Oceanic and Atmospheric Administration, System members of the National Urban Search and Rescue Response System during a period of appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, intermittent personnel who are appointed into Federal Emergency Management Agency service under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1)) or to train for such service, and any other category of persons designated by the President in time of war or national emergency.

(Added Pub. L. 103–353, §2(a), Oct. 13, 1994, 108 Stat. 3150; amended Pub. L. 104–275, title III, §311(2), Oct. 9, 1996, 110 Stat. 3334; Pub. L. 105–368, title II, §212(a), Nov. 11, 1998, 112 Stat. 3331; Pub. L. 106–419, title III, §323(a), Nov. 1, 2000, 114 Stat. 1855; Pub. L. 107–14, §8(a)(11), (b)(2), June 5, 2001, 115 Stat. 35, 36; Pub. L. 109–435, title VI, §604(f), Dec. 20, 2006, 120 Stat. 3242; Pub. L. 111–275, title VII, §§701(a), 702(a), Oct. 13, 2010, 124 Stat. 2887; Pub. L. 112–56, title II, §251, Nov. 21, 2011, 125 Stat. 729; Pub. L. 114–326, §2(b)(2), Dec. 16, 2016, 130 Stat. 1972; Pub. L. 116–259, title II, §208, Dec. 23, 2020, 134 Stat. 1168; Pub. L. 116–315, title VII, §7004, Jan. 5, 2021, 134 Stat. 5058; Pub. L. 117–178, §3(a), Sept. 29, 2022, 136 Stat. 2110; Pub. L. 117–263, div. E, title LI, §5121, Dec. 23, 2022, 136 Stat. 3210.)

Editorial Notes

References in Text

The National Emergencies Act, referred to in par. (13), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.

Section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in pars. (13) and (17), is classified to section 5165f of Title 42, The Public Health and Welfare.

Prior Provisions

A prior section 4303, added Pub. L. 93–508, title IV, §404(a), Dec. 3, 1974, 88 Stat. 1596, §2023; amended Pub. L. 97–295, §4(72), Oct. 12, 1982, 96 Stat. 1310; renumbered §4303 and amended Pub. L. 102–568, title V, §506(a), (c)(2), Oct. 29, 1992, 106 Stat. 4340, 4341, related to reemployment by the United States, by any territory, possession, or political subdivision thereof, or by the District of Columbia, prior to the general amendment of this chapter by Pub. L. 103–353. This section, as in effect on the day before Oct. 13, 1994, continues to apply to reemployments initiated before the end of the 60-day period beginning Oct. 13, 1994, see section 8 of Pub. L. 103–353, as amended, set out as an Effective Date under section 4301 of this title.

Another prior section 4303 was renumbered section 7603 of this title.

Amendments

2022—Par. (5). Pub. L. 117–263, §5121(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "The term 'Federal executive agency' includes the United States Postal Service, the Postal Regulatory Commission, any nonappropriated fund instrumentality of the United States, any Executive agency (as that term is defined in section 105 of title 5) other than an agency referred to in section 2302(a)(2)(C)(ii) of title 5, and any military department (as that term is defined in section 102 of title 5) with respect to the civilian employees of that department."

Par. (13). Pub. L. 117–178, §3(a)(1), inserted ", a period for which a person is absent from a position of employment due to an appointment into service in the Federal Emergency Management Agency as intermittent personnel under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1))" before ", and a period".

Par. (16). Pub. L. 117–178, §3(a)(2), redesignated par. (16) defining "uniformed services" as (17).

Par. (17). Pub. L. 117–263, §5121(b), substituted "Commissioned Corps of the Public Health Service" for "commissioned corps of the Public Health Service".

Pub. L. 117–178, §3(a)(2), (3), redesignated par. (16) defining "uniformed services" as (17) and inserted "intermittent personnel who are appointed into Federal Emergency Management Agency service under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1)) or to train for such service," before "and any other category".

2021—Par. (13). Pub. L. 116–315, §7004(1), inserted "State active duty for a period of 14 days or more, State active duty in response to a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.), State active duty in response to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)," after "full-time National Guard duty,".

Pars. (15), (16). Pub. L. 116–315, §7004(2), (3), added par. (15) and redesignated former par. (15) as (16) defining "undue hardship".

2020—Par. (16). Pub. L. 116–259 inserted "the commissioned officer corps of the National Oceanic and Atmospheric Administration," after "Public Health Service," in par. (16) defining "uniformed services".

2016—Par. (13). Pub. L. 114–326, §2(b)(2)(A), inserted ", a period for which a System member of the National Urban Search and Rescue Response System is absent from a position of employment due to an appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act" before ", and a period".

Par. (16). Pub. L. 114–326, §2(b)(2)(B), inserted "System members of the National Urban Search and Rescue Response System during a period of appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act," after "Public Health Service,".

2011—Par. (2). Pub. L. 112–56 inserted "the terms, conditions, or privileges of employment, including" after "means".

2010—Par. (2). Pub. L. 111–275, §701(a), substituted "(including" for "(other than".

Par. (4)(D). Pub. L. 111–275, §702(a), added subpar. (D).

2006—Par. (5). Pub. L. 109–435 substituted "Postal Regulatory Commission" for "Postal Rate Commission".

2001—Par. (13). Pub. L. 107–14, §8(b)(2), made technical amendment to directory language of Pub. L. 106–419, §323(a)(1). See 2000 Amendment note below.

Pub. L. 107–14, §8(a)(11), struck out second period at end.

2000—Par. (13). Pub. L. 106–419, §323(a)(2), inserted before period at end ", and a period for which a person is absent from employment for the purpose of performing funeral honors duty as authorized by section 12503 of title 10 or section 115 of title 32."

Pub. L. 106–419, §323(a)(1), as amended by Pub. L. 107–14, §8(b)(2), struck out "and" after "National Guard duty,".

1998—Par. (3). Pub. L. 105–368 inserted at end "Such term includes any person who is a citizen, national, or permanent resident alien of the United States employed in a workplace in a foreign country by an employer that is an entity incorporated or otherwise organized in the United States or that is controlled by an entity organized in the United States, within the meaning of section 4319(c) of this title."

1996—Par. (16). Pub. L. 104–275 inserted "national" before "emergency".

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–275, title VII, §701(b), Oct. 13, 2010, 124 Stat. 2887, provided that: "The amendment made by subsection (a) [amending this section] shall apply to—

"(1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act [Oct. 13, 2010]; and

"(2) all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act."

Pub. L. 111–275, title VII, §702(b), Oct. 13, 2010, 124 Stat. 2888, provided that: "The amendment made by subsection (a) [amending this section] shall apply to—

"(1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act [Oct. 13, 2010]; and

"(2) all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act."

Effective Date of 2001 Amendment

Pub. L. 107–14, §8(b), June 5, 2001, 115 Stat. 36, provided that the amendment made by section 8(b) is effective Nov. 1, 2000, and as if included in the Veterans Benefits and Health Care Improvement Act of 2000, Pub. L. 106–419, as enacted.

Effective Date of 2000 Amendment

Pub. L. 106–419, title III, §323(c), Nov. 1, 2000, 114 Stat. 1856, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 4316 of this title] shall take effect 180 days after the date of the enactment of this Act [Nov. 1, 2000]."

Effective Date of 1998 Amendment

Pub. L. 105–368, title II, §212(c), Nov. 11, 1998, 112 Stat. 3331, provided that: "The amendments made by this section [enacting section 4319 of this title and amending this section] shall apply only with respect to causes of action arising after the date of the enactment of this Act [Nov. 11, 1998]."

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–275 effective Oct. 13, 1994, see section 313 of Pub. L. 104–275, set out as a note under section 4301 of this title.

Effective Date

Section effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, see section 8 of Pub. L. 103–353, set out as a note under section 4301 of this title.
38 U.S.C. § 1720D (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter II / Section 1720D: Counseling and treatment for sexual trauma
Counseling and treatment for sexual trauma
Status: in_force

(a)(1) The Secretary shall operate a program under which the Secretary provides counseling and appropriate care and services, to include care for physical health conditions, as appropriate, to former members of the Armed Forces who the Secretary determines require such counseling and care and services to treat a condition, which in the judgment of a health care professional employed by the Department, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the former member of the Armed Forces was serving on duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10).

(2)(A) In operating the program required by paragraph (1), the Secretary may, in consultation with the Secretary of Defense, provide counseling and care and services to members of the Armed Forces (including members of the National Guard and Reserves) to treat a condition described in that paragraph that was suffered by the member while serving on duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10).

(B) A member described in subparagraph (A) shall not be required to obtain a referral before receiving counseling and care and services under this paragraph.

(3) In furnishing counseling to an individual under this subsection, the Secretary may provide such counseling pursuant to a contract with a qualified mental health professional if (A) in the judgment of a mental health professional employed by the Department, the receipt of counseling by that individual in facilities of the Department would be clinically inadvisable, or (B) Department facilities are not capable of furnishing such counseling to that individual economically because of geographical inaccessibility.

(b)(1) The Secretary shall give priority to the establishment and operation of the program to provide counseling and care and services under subsection (a). In the case of a former member of the Armed Forces eligible for counseling and care and services under subsection (a), the Secretary shall ensure that the former member of the Armed Forces is furnished counseling and care and services under this section in a way that is coordinated with the furnishing of such care and services under this chapter.

(2) In establishing a program to provide counseling under subsection (a), the Secretary shall—

(A) provide for appropriate training of mental health professionals and such other health care personnel as the Secretary determines necessary to carry out the program effectively;

(B) seek to ensure that such counseling is furnished in a setting that is therapeutically appropriate, taking into account the circumstances that resulted in the need for such counseling; and

(C) provide referral services to assist former members of the Armed Forces who are not eligible for services under this chapter to obtain those from sources outside the Department.

(c) The Secretary shall provide information on the counseling and treatment available under this section. Efforts by the Secretary to provide such information—

(1) shall include availability of a toll-free telephone number (commonly referred to as an 800 number);

(2) shall ensure that information about the counseling and treatment available under this section—

(A) is revised and updated as appropriate;

(B) is made available and visibly posted at appropriate facilities of the Department; and

(C) is made available through appropriate public information services; and

(3) shall include coordination with the Secretary of Defense seeking to ensure that members of the Armed Forces and individuals who are being separated from active military, naval, air, or space service are provided appropriate information about programs, requirements, and procedures for applying for counseling and treatment under this section.

(d)(1) The Secretary shall carry out a program to provide graduate medical education, training, certification, and continuing medical education for mental health professionals and other health care professionals who provide counseling, care, and services under subsection (a).

(2) In carrying out the program required by paragraph (1), the Secretary shall ensure that—

(A) all mental health professionals and other health care professionals described in such paragraph have been trained in a consistent manner; and

(B) training described in such paragraph includes principles of evidence-based treatment and care for sexual trauma and post-traumatic stress disorder.

(e) Each year, the Secretary shall submit to Congress an annual report on the counseling, care, and services provided pursuant to this section. Each report shall include data for the year covered by the report with respect to each of the following:

(1) The number of mental health professionals, graduate medical education trainees, and primary care providers who have been certified under the program required by subsection (d) and the amount and nature of continuing medical education provided under such program to such professionals, trainees, and providers who are so certified.

(2) The number of individuals who received counseling and care and services under subsection (a) from professionals and providers who received training under subsection (d), disaggregated by—

(A) former members of the Armed Forces;

(B) members of the Armed Forces (including members of the National Guard and Reserves) on active duty; and

(C) for each of subparagraphs (A) and (B)—

(i) men; and

(ii) women.

(3) The number of graduate medical education, training, certification, and continuing medical education courses provided by reason of subsection (d).

(4) The number of trained full-time equivalent employees required in each facility of the Department to meet the needs of individuals requiring treatment and care for sexual trauma and post-traumatic stress disorder.

(5) Such recommendations for improvements in the treatment of individuals with sexual trauma and post-traumatic stress disorder as the Secretary considers appropriate, including specific recommendations for individuals specified in subparagraphs (A), (B), and (C) of paragraph (2).

(6) Such other information as the Secretary considers appropriate.

(f) In this section, the term "sexual harassment" means unsolicited verbal or physical contact of a sexual nature which is threatening in character.

(g) In this section, the term "former member of the Armed Forces" includes the following:

(1) A veteran.

(2) An individual described in section 1720I(b) of this title.

(Added Pub. L. 102–585, title I, §102(a)(1), Nov. 4, 1992, 106 Stat. 4945; amended Pub. L. 103–452, title I, §101(a)–(d), (f)(1), (2)(A), (g)(1), Nov. 2, 1994, 108 Stat. 4783, 4784; Pub. L. 105–368, title IX, §902, Nov. 11, 1998, 112 Stat. 3360; Pub. L. 106–117, title I, §115(a)–(c), Nov. 30, 1999, 113 Stat. 1558; Pub. L. 108–422, title III, §301, Nov. 30, 2004, 118 Stat. 2382; Pub. L. 111–163, title II, §202, May 5, 2010, 124 Stat. 1142; Pub. L. 113–146, title IV, §§401–402(c), Aug. 7, 2014, 128 Stat. 1789, 1790; Pub. L. 115–91, div. A, title VII, §707, Dec. 12, 2017, 131 Stat. 1436; Pub. L. 116–283, div. A, title IX, §926(a)(26), Jan. 1, 2021, 134 Stat. 3830; Pub. L. 116–315, title V, §§5301, 5303(c), Jan. 5, 2021, 134 Stat. 5037, 5041.)

Editorial Notes

Amendments

2021—Subsec. (a)(1). Pub. L. 116–315, §5301(a)(1)(A), (2), (3), (b)(1)(A), inserted ", to include care for physical health conditions, as appropriate," after "counseling and appropriate care and services" and substituted "former members of the Armed Forces" for "veterans", "treat a condition" for "overcome psychological trauma", "health care professional" for "mental health professional", "former member of the Armed Forces" for "veteran", and "duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10)" for "active duty, active duty for training, or inactive duty training".

Subsec. (a)(2)(A). Pub. L. 116–315, §5301(a)(1)(B), (b)(1)(B), substituted "treat a condition" for "overcome psychological trauma" and "duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10)" for "active duty, active duty for training, or inactive duty training".

Subsec. (b). Pub. L. 116–315, §5301(a)(2), (3), substituted "former member of the Armed Forces" for "veteran" in two places in par. (1) and "former members of the Armed Forces" for "veterans" par. (2)(C).

Subsec. (c)(3). Pub. L. 116–283 substituted "air, or space service" for "or air service".

Subsec. (d)(1), (2)(A). Pub. L. 116–315, §5301(b)(2), inserted "and other health care professionals" after "mental health professionals".

Subsec. (e)(2)(A). Pub. L. 116–315, §5301(a)(3), substituted "former members of the Armed Forces" for "veterans".

Subsec. (f). Pub. L. 116–315, §5303(c), struck out "repeated," before "unsolicited".

Subsec. (g). Pub. L. 116–315, §5301(a)(4), added subsec. (g).

2017—Subsec. (a)(2)(A). Pub. L. 115–91 struck out "on active duty" before "to overcome psychological trauma" and inserted before period at end "that was suffered by the member while serving on active duty, active duty for training, or inactive duty training".

2014—Subsec. (a)(1). Pub. L. 113–146, §401, substituted ", active duty for training, or inactive duty training" for "or active duty for training".

Subsec. (a)(2). Pub. L. 113–146, §402(a)(2), added par. (2). Former par. (2) redesignated (3).

Subsec. (a)(3). Pub. L. 113–146, §402(a)(1), (3), redesignated par. (2) as (3), substituted "an individual" for "a veteran", and substituted "that individual" for "that veteran" in two places.

Subsec. (c). Pub. L. 113–146, §402(b)(1), struck out "to veterans" after "treatment available" in introductory provisions and par. (2).

Subsec. (c)(3). Pub. L. 113–146, §402(b)(2), inserted "members of the Armed Forces and" before "individuals".

Subsec. (e). Pub. L. 113–146, §402(c)(1), struck out "to veterans" after "services provided" in introductory provisions.

Subsec. (e)(2). Pub. L. 113–146, §402(c)(2)(A), (B), substituted "individuals" for "women veterans" and "training under subsection (d), disaggregated by—" for "training under subsection (d)." and added subpars. (A) to (C).

Subsec. (e)(4). Pub. L. 113–146, §402(c)(3), substituted "individuals" for "veterans".

Subsec. (e)(5). Pub. L. 113–146, §402(c)(4), substituted "individuals" for "women veterans" and inserted ", including specific recommendations for individuals specified in subparagraphs (A), (B), and (C) of paragraph (2)" before period at end.

2010—Subsecs. (d) to (f). Pub. L. 111–163 added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).

2004—Subsec. (a)(1). Pub. L. 108–422, §301(a)(1), (b), substituted "The" for "During the period through December 31, 2004, the" and inserted "or active duty for training" before period at end.

Subsec. (a)(2). Pub. L. 108–422, §301(a)(2), struck out ", during the period through December 31, 2004," after "the Secretary may".

1999—Subsec. (a)(1). Pub. L. 106–117, §115(a)(1), (b)(1), substituted "December 31, 2004" for "December 31, 2001" and "shall operate a program under which the Secretary provides counseling and appropriate care and services to veterans who the Secretary determines require such counseling and care and services" for "may provide counseling to a veteran who the Secretary determines requires such counseling".

Subsec. (a)(2), (3). Pub. L. 106–117, §115(a)(2), (b)(2), redesignated par. (3) as (2), substituted "December 31, 2004" for "December 31, 2001", and struck out former par. (2) which read as follows: "During the period referred to in paragraph (1), the Secretary may provide appropriate care and services to a veteran for an injury, illness, or other psychological condition that the Secretary determines to be the result of a physical assault, battery, or harassment referred to in that paragraph."

Subsec. (c). Pub. L. 106–117, §115(c)(1), inserted "and treatment" after "counseling" in first sentence.

Subsec. (c)(2), (3). Pub. L. 106–117, §115(c), added par. (2), redesignated former par. (2) as (3), and inserted "and treatment" after "counseling".

1998—Subsec. (a)(1), (3). Pub. L. 105–368 substituted "December 31, 2001" for "December 31, 1998".

1994—Pub. L. 103–452, §101(f)(2)(A), substituted "and treatment" for "to women veterans" in section catchline.

Subsec. (a)(1). Pub. L. 103–452, §101(b)(1), (f)(1)(A), substituted "December 31, 1998," for "December 31, 1995," and struck out "woman" after "counseling to a".

Subsec. (a)(2). Pub. L. 103–452, §101(a), added par. (2) and struck out former par. (2) which read as follows: "To be eligible to receive counseling under this subsection, a veteran must seek such counseling from the Secretary within two years after the date of the veteran's discharge or release from active military, naval, or air service."

Subsec. (a)(3). Pub. L. 103–452, §101(b)(2), substituted "December 31, 1998," for "December 31, 1994,".

Subsec. (b). Pub. L. 103–452, §101(c), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: "In providing services to a veteran under subsection (a), the period for which counseling is provided may not exceed one year from the date of the commencement of the furnishing of such counseling to the veteran. However, the Secretary may authorize a longer period in any case if, in the judgment of the Secretary, a longer period of counseling is required."

Subsec. (b)(1). Pub. L. 103–452, §101(d), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The Secretary shall give priority to the establishment and operation of the program to provide counseling under subsection (a). In the case of a veteran eligible for such counseling who requires other care or services under this chapter for trauma described in subsection (a)(1), the Secretary shall ensure that the veteran is furnished counseling under this section in a way that is coordinated with the furnishing of such other care and services under this chapter."

Subsec. (b)(2)(C). Pub. L. 103–452, §101(f)(1)(B), struck out "women" after "assist".

Subsec. (c). Pub. L. 103–452, §101(f)(1)(B), struck out "women" after "available to" in introductory provisions.

Pub. L. 103–452, §101(c)(2), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).

Subsec. (c)(1). Pub. L. 103–452, §101(g)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "may include establishment of an information system involving the use of a toll-free telephone number (commonly referred to as an 800 number), and".

Subsec. (c)(2). Pub. L. 103–452, §101(f)(1)(C), substituted "individuals" for "women".

Subsecs. (d), (e). Pub. L. 103–452, §101(c)(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Pub. L. 113–146, title IV, §402(d), Aug. 7, 2014, 128 Stat. 1790, provided that: "The amendments made by this section [amending this section] shall take effect on the date that is 1 year after the date of the enactment of this Act [Aug. 7, 2014]."

Study and Task Force on Veterans Experiencing Intimate Partner Violence or Sexual Assault

Pub. L. 116–315, title V, §5305, Jan. 5, 2021, 134 Stat. 5043, provided that:

"(a) National Baseline Study.—

"(1) In general.—Not later than one year after the date of the enactment of this Act [Jan. 5, 2021], the Secretary of Veterans Affairs, in consultation with the Attorney General, shall conduct a national baseline study to examine the scope of the problem of intimate partner violence and sexual assault among veterans and spouses and intimate partners of veterans.

"(2) Matters included.—The study under paragraph (1) shall—

"(A) include a literature review of all relevant research on intimate partner violence and sexual assault among veterans and spouses and intimate partners of veterans;

"(B) examine the prevalence of the experience of intimate partner violence among—

"(i) women veterans;

"(ii) veterans who are minority group members (as defined in section 544 of title 38, United States Code, and including other minority populations as the Secretary determines appropriate);

"(iii) urban and rural veterans;

"(iv) veterans who are enrolled in a program under section 1720G of title 38, United States Code;

"(v) veterans who are in intimate relationships with other veterans; and

"(vi) veterans who are described in more than one clause of this subparagraph;

"(C) examine the prevalence of the perpetration of intimate partner violence by veterans; and

"(D) include recommendations to address the findings of the study.

"(3) Report.—Not later than 30 days after the date on which the Secretary completes the study under paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on such study.

"(b) Task Force.—

"(1) In general.—Not later than 90 days after the date on which the Secretary completes the study under subsection (a), the Secretary, in consultation with the Attorney General and the Secretary of Health and Human Services, shall establish a national task force (in this section referred to as the 'Task Force') to develop a comprehensive national program, including by integrating facilities, services, and benefits of the Department of Veterans Affairs into existing networks of community-based intimate partner violence and sexual assault services, to address intimate partner violence and sexual assault among veterans.

"(2) Leadership.—The Secretary of Veterans Affairs shall lead the Task Force in collaboration with the Attorney General and the Secretary of Health and Human Services.

"(c) Consultation With Stakeholders.—In carrying out this section, the Task Force shall consult with—

"(1) representatives from veteran service organizations and military service organizations;

"(2) representatives from not fewer than three national organizations or State coalitions with demonstrated expertise in intimate partner violence prevention, response, or advocacy; and

"(3) representatives from not fewer than three national organizations or State coalitions, particularly those representing underserved and ethnic minority communities, with demonstrated expertise in sexual assault prevention, response, or advocacy.

"(d) Duties.—The duties of the Task Force shall include the following:

"(1) To review existing services and policies of the Department and develop a comprehensive national program to be carried out by the Secretary of Veterans Affairs, in collaboration with the heads of relevant Federal agencies, to address intimate partner violence and sexual assault prevention, response, and treatment.

"(2) To review the feasibility and advisability of establishing an expedited process to secure emergency, temporary benefits, including housing or other benefits, for veterans who are experiencing intimate partner violence or sexual assault.

"(3) To review and make recommendations regarding the feasibility and advisability of establishing dedicated, temporary housing assistance for veterans experiencing intimate partner violence or sexual assault.

"(4) To identify any requirements regarding intimate partner violence assistance or sexual assault response and services that are not being met by the Department and make recommendations on how the Department can meet such requirements.

"(5) To review and make recommendations regarding the feasibility and advisability of providing direct services or contracting for community-based services for veterans in response to a sexual assault, including through the use of sexual assault nurse examiners, particularly in underserved or remote areas, including services for Native American veterans.

"(6) To review the availability of counseling services provided by the Department and through peer network support, and to provide recommendations for the enhancement of such services, to address—

"(A) the perpetration of intimate partner violence and sexual assault; and

"(B) the recovery of veterans, particularly women veterans, from intimate partner violence and sexual assault.

"(7) To review and make recommendations to expand services available for veterans at risk of perpetrating intimate partner violence.

"(e) Report.—Not later than one year after the date of the enactment of this Act [Jan. 5, 2021], and not less frequently than annually thereafter by October 1 of each year, the Task Force shall submit to the Secretary of Veterans Affairs and Congress a report on the activities of the Task Force, including any recommendations for legislative or administrative action.

"(f) Nonapplicability of FACA.—The Task Force shall not be subject to the requirements of the Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.].

"(g) Definitions.—In this section:

"(1) Native american veteran.—The term 'Native American veteran' has the meaning given that term in section 3765 of title 38, United States Code.

"(2) State.—The term 'State' has the meaning given that term in section 101 of title 38, United States Code."

Information on Telephone Counseling Availability; Personnel Training; Client Confidentiality; Publicity; Report

Pub. L. 103–452, title I, §101(g)(2)–(5), Nov. 2, 1994, 108 Stat. 4785, provided that:

"(2) In providing information on counseling available to veterans as required under section 1720D(c)(1) of title 38, United States Code (as amended by paragraph (1)), the Secretary of Veterans Affairs shall ensure that the Department of Veterans Affairs personnel who provide assistance under such section are trained in the provision to persons who have experienced sexual trauma of information about the care and services relating to sexual trauma that are available to veterans in the communities in which such veterans reside, including care and services available under programs of the Department (including the care and services available under section 1720D of such title) and from non-Department agencies or organizations.

"(3) The telephone assistance service shall be operated in a manner that protects the confidentiality of persons who place calls to the system.

"(4) The Secretary shall ensure that information about the availability of the telephone assistance service is visibly posted in Department medical facilities and is advertised through public service announcements, pamphlets, and other means.

"(5) Not later than 18 months after the date of the enactment of this Act [Nov. 2, 1994], the Secretary shall submit to Congress a report on the operation of the telephone assistance service required under section 1720D(c)(1) of title 38, United States Code (as amended by paragraph (1)). The report shall set forth the following:

"(A) The number of persons who sought information during the period covered by the report through a toll-free telephone number regarding services available to veterans relating to sexual trauma, with a separate display of the number of such persons arrayed by State (as such term is defined in section 101(20) of title 38, United States Code).

"(B) A description of the training provided to the personnel who provide such assistance.

"(C) The recommendations and plans of the Secretary for the improvement of the service."

Transition Period for Eligibility for Counseling

Pub. L. 102–585, title I, §102(b), Nov. 4, 1992, 106 Stat. 4946, as amended by Pub. L. 103–210, §2(b), Dec. 20, 1993, 107 Stat. 2497, provided that in the case of a veteran who was discharged or released from active military, naval, or air service before Dec. 31, 1992, the two-year period specified in 38 U.S.C. 1720D(a)(2) was to be treated as ending on Dec. 31, 1994, prior to repeal by Pub. L. 103–452, title I, §101(h), Nov. 2, 1994, 108 Stat. 4785.

Commencement of Provision of Information on Services

Pub. L. 102–585, title I, §104, Nov. 4, 1992, 106 Stat. 4946, directed Secretary of Veterans Affairs, not later than 90 days after Nov. 4, 1992, to commence the provision of information on the counseling relating to sexual trauma that is available to women veterans under 38 U.S.C. 1720D.

Report on Implementation of Sexual Trauma Counseling Program

Pub. L. 102–585, title I, §105, Nov. 4, 1992, 106 Stat. 4946, directed Secretary of Veterans Affairs, not later than Mar. 31, 1994, to submit to Congress a comprehensive report on the Secretary's actions under 38 U.S.C. 1720D.
38 U.S.C. § 4102 (2024) — Title 38: VETERANS' BENEFITS / Chapter 41 / Section 4102: Purpose
Purpose
Status: in_force

The Congress declares as its intent and purpose that there shall be an effective (1) job and job training intensive services program, (2) employment placement service program, and (3) job training placement service program for eligible veterans and eligible persons and that, to this end policies and regulations shall be promulgated and administered by an Assistant Secretary of Labor for Veterans' Employment and Training, established by section 4102A of this title, through a Veterans' Employment and Training Service within the Department of Labor, so as to provide such veterans and persons the maximum of employment and training opportunities, with priority given to the needs of disabled veterans and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized through existing programs, coordination and merger of programs and implementation of new programs, including programs carried out by the Veterans' Employment and Training Service to implement all efforts to ease the transition of servicemembers to civilian careers that are consistent with, or an outgrowth of, the military experience of the servicemembers.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1217, §2011; renumbered §2002, Pub. L. 87–675, §1(a), Sept. 19, 1962, 76 Stat. 558; amended Pub. L. 89–358, §6(c), Mar. 3, 1966, 80 Stat. 27; Pub. L. 92–540, title V, §502(a), Oct. 24, 1972, 86 Stat. 1094; Pub. L. 93–508, title IV, §401(b), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 94–502, title VI, §601(a), Oct. 15, 1976, 90 Stat. 2404; Pub. L. 96–466, title V, §504(a)(2), Oct. 17, 1980, 94 Stat. 2203; Pub. L. 97–306, title III, §302, Oct. 14, 1982, 96 Stat. 1437; Pub. L. 98–160, title VII, §702(15), Nov. 21, 1983, 97 Stat. 1010; Pub. L. 100–323, §15(b)(1), (d), May 20, 1988, 102 Stat. 574; renumbered §4102 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107–288, §5(a)(1)(B), (b)(1), Nov. 7, 2002, 116 Stat. 2044, 2045.)

Editorial Notes

Prior Provisions

Prior section 4102, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1243; Pub. L. 89–785, title I, §102, Nov. 7, 1966, 80 Stat. 1368; Pub. L. 94–581, title I, §110(1), Oct. 21, 1976, 90 Stat. 2848, related to divisions of Department of Medicine and Surgery, prior to repeal by Pub. L. 102–40, title IV, §401(a)(3), May 7, 1991, 105 Stat. 210. See section 7305 of this title.

Provisions similar to those comprising this section were contained in former section 2001 of this title prior to the amendment of this chapter by Pub. L. 92–540.

Amendments

2002—Pub. L. 107–288, §5(a)(1)(B), substituted "job and job training intensive services program," for "job and job training counseling service program,".

Pub. L. 107–288, §5(b)(1), substituted "and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized" for "and veterans of the Vietnam era" and inserted before period ", including programs carried out by the Veterans' Employment and Training Service to implement all efforts to ease the transition of servicemembers to civilian careers that are consistent with, or an outgrowth of, the military experience of the servicemembers".

1991—Pub. L. 102–83 renumbered section 2002 of this title as this section and substituted "4102A" for "2002A".

1988—Pub. L. 100–323 inserted "and Training" after "for Veterans' Employment" and substituted "Veterans' Employment and Training Service" for "Veterans Employment Service".

1983—Pub. L. 98–160 substituted "an Assistant" for "a Assistant".

1982—Pub. L. 97–306 inserted "and regulations" after "to this end policies", and inserted ", with priority given to the needs of disabled veterans and veterans of the Vietnam era" after "opportunities".

1980—Pub. L. 96–466 struck out "Deputy" before "Assistant Secretary".

1976—Pub. L. 94–502 inserted "by a Deputy Assistant Secretary of Labor for Veteran's Employment, established by section 2002A of this title," after "promulgated and administered".

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

1972—Pub. L. 92–540 substituted provisions stating the Congressional declaration of purpose, for provisions relating to the assignment of veterans' employment representatives. See section 2003 of this title.

1966—Pub. L. 89–358 inserted "or of service after January 31, 1955" after "veterans of any war" in cls. (3) and (5); "or of service after January 31, 1955" after "veteran of any war" in first sentence; and "or of service after January 31, 1955," after "veterans of any war" in cls. (1) and (4), wherever appearing, respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–288, §5(b)(2), Nov. 7, 2002, 116 Stat. 2045, provided that: "The amendments made by paragraph (1) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 7, 2002]."

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–466 effective Oct. 1, 1980, see section 802(e) of Pub. L. 96–466, set out as a note under section 4101 of this title.

Effective Date of 1976 Amendment

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

Effective Date of 1974 Amendment

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

Effective Date of 1972 Amendment

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

Veteran's Employment Provisions

Pub. L. 93–567, title I, §104, Dec. 31, 1974, 88 Stat. 1848, as amended by Pub. L. 94–444, §12(a), Oct. 1, 1976, 90 Stat. 1483; Pub. L. 94–502, title VI, §601(c), Oct. 15, 1976, 90 Stat. 2404, which authorized Secretary of Labor to provide for an outreach and public information program for veterans utilizing, to maximum extent, the Departments of Labor and Health, Education, and Welfare and the Veterans' Administration, was repealed by Pub. L. 95–524, §7, Oct. 27, 1978, 92 Stat. 2021.
38 U.S.C. § 7105 (2024) — Title 38: VETERANS' BENEFITS / Chapter 71 / Section 7105: Filing of appeal
Filing of appeal
Status: in_force

(a) Appellate review shall be initiated by the filing of a notice of disagreement in the form prescribed by the Secretary. Each appellant will be accorded hearing and representation rights pursuant to the provisions of this chapter and regulations of the Secretary.

(b)(1)(A) Except in the case of simultaneously contested claims, a notice of disagreement shall be filed within one year from the date of the issuance of notice of the decision of the agency of original jurisdiction pursuant to section 5104, 5104B, or 5108 of this title.

(B) A notice of disagreement postmarked before the expiration of the one-year period shall be accepted as timely filed.

(C) A question as to timeliness or adequacy of the notice of disagreement shall be decided by the Board.

(2)(A) Notices of disagreement shall be in writing, shall identify the specific determination with which the claimant disagrees, and may be filed by the claimant, the claimant's legal guardian, or such accredited representative, attorney, or authorized agent as may be selected by the claimant or legal guardian.

(B) Not more than one recognized organization, attorney, or agent may be recognized at any one time in the prosecution of a claim.

(C) Notices of disagreement shall be filed with the Board.

(3) The notice of disagreement shall indicate whether the claimant requests—

(A) a hearing before the Board, which shall include an opportunity to submit evidence in accordance with section 7113(b) of this title;

(B) an opportunity to submit additional evidence without a hearing before the Board, which shall include an opportunity to submit evidence in accordance with section 7113(c) of this title; or

(C) a review by the Board without a hearing or the submittal of additional evidence.

(4) The Secretary shall develop a policy to permit a claimant to modify the information identified in the notice of disagreement after the notice of disagreement has been filed under this section pursuant to such requirements as the Secretary may prescribe.

(c) If no notice of disagreement is filed in accordance with this chapter within the prescribed period, the action or decision of the agency of original jurisdiction shall become final and the claim shall not thereafter be readjudicated or allowed, except—

(1) in the case of a readjudication or allowance pursuant to a higher-level review that was requested in accordance with section 5104B of this title;

(2) as may otherwise be provided by section 5108 of this title; or

(3) as may otherwise be provided in such regulations as are consistent with this title.

(d) The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees.

(Added Pub. L. 87–666, §1, Sept. 19, 1962, 76 Stat. 553, §4005; amended Pub. L. 99–576, title VII, §701(85), Oct. 28, 1986, 100 Stat. 3298; Pub. L. 100–687, div. A, title II, §§203(b), 206, Nov. 18, 1988, 102 Stat. 4111; renumbered §7105 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 107–14, §8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 112–154, title V, §501(a), Aug. 6, 2012, 126 Stat. 1190; Pub. L. 115–55, §2(q)(1), Aug. 23, 2017, 131 Stat. 1111; Pub. L. 117–168, title VIII, §807(a)(6), Aug. 10, 2022, 136 Stat. 1806.)

Editorial Notes

Amendments

2022—Subsec. (b)(1)(A). Pub. L. 117–168 substituted "issuance" for "mailing".

2017—Pub. L. 115–55, §2(q)(1)(F), struck out "notice of disagreement and" before "appeal" in section catchline.

Subsec. (a). Pub. L. 115–55, §2(q)(1)(A), substituted "Appellate review shall be initiated by the filing of a notice of disagreement in the form prescribed by the Secretary." for "Appellate review will be initiated by a notice of disagreement and completed by a substantive appeal after a statement of the case is furnished as prescribed in this section."

Subsec. (b). Pub. L. 115–55, §2(q)(1)(B), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:

"(1) Except in the case of simultaneously contested claims, notice of disagreement shall be filed within one year from the date of mailing of notice of the result of initial review or determination. Such notice, and appeals, must be in writing and be filed with the activity which entered the determination with which disagreement is expressed (hereinafter referred to as the "agency of original jurisdiction"). A notice of disagreement postmarked before the expiration of the one-year period will be accepted as timely filed.

"(2) Notices of disagreement, and appeals, must be in writing and may be filed by the claimant, the claimant's legal guardian, or such accredited representative, attorney, or authorized agent as may be selected by the claimant or legal guardian. Not more than one recognized organization, attorney, or agent will be recognized at any one time in the prosecution of a claim."

Subsec. (c). Pub. L. 115–55, §2(q)(1)(C), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "If no notice of disagreement is filed in accordance with this chapter within the prescribed period, the action or determination shall become final and the claim will not thereafter be reopened or allowed, except as may otherwise be provided by regulations not inconsistent with this title."

Subsec. (d). Pub. L. 115–55, §2(q)(1)(D), added subsec. (d) and struck out former subsec. (d) which related to development and review actions, statement of the case, and dismissal of appeal.

Subsec. (e). Pub. L. 115–55, §2(q)(1)(E), struck out subsec. (e) which read as follows:

"(1) If, either at the time or after the agency of original jurisdiction receives a substantive appeal, the claimant or the claimant's representative, if any, submits evidence to either the agency of original jurisdiction or the Board of Veterans' Appeals for consideration in connection with the issue or issues with which disagreement has been expressed, such evidence shall be subject to initial review by the Board unless the claimant or the claimant's representative, as the case may be, requests in writing that the agency of original jurisdiction initially review such evidence.

"(2) A request for review of evidence under paragraph (1) shall accompany the submittal of the evidence."

2012—Subsec. (e). Pub. L. 112–154 added subsec. (e).

2001—Subsec. (b)(1). Pub. L. 107–14 substituted "hereinafter" for "hereafter".

1991—Pub. L. 102–40, §402(b)(1), renumbered section 4005 of this title as this section.

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

Subsec. (d)(2). Pub. L. 102–40, §402(d)(1), substituted "5701" for "3301".

1988—Subsec. (d)(1). Pub. L. 100–687, §206(a), substituted "shall prepare a statement of the case. A statement of the case shall include the following:" for "will prepare a statement of the case consisting of—", added subpars. (A) to (C), and struck out former subpars. (A) to (C) which read as follows:

"(A) A summary of the evidence in the case pertinent to the issue or issues with which disagreement has been expressed;

"(B) A citation or discussion of the pertinent law, regulations, and, where applicable, the provisions of the Schedule for Rating Disabilities;

"(C) The decision on such issue or issues and a summary of the reasons therefor."

Subsec. (d)(4). Pub. L. 100–687, §206(b), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "The appellant will be presumed to be in agreement with any statement of fact contained in the statement of the case to which no exception is taken."

Subsec. (d)(5). Pub. L. 100–687, §203(b), struck out "will base its decision on the entire record and" after "of Veterans' Appeals".

1986—Subsec. (b)(2). Pub. L. 99–576, §701(85), substituted "the claimant's" for "his" and "the claimant or legal guardian" for "him".

Subsec. (d)(1), (3). Pub. L. 99–576, §701(85)(A), substituted "the claimant's" for "his".

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

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

Effective Date of 2012 Amendment

Pub. L. 112–154, title V, §501(b), Aug. 6, 2012, 126 Stat. 1190, provided that: "Subsection (e) of such section [38 U.S.C. 7105(e)], as added by subsection (a), shall take effect on the date that is 180 days after the date of the enactment of this Act [Aug. 6, 2012], and shall apply with respect to claims for which a substantive appeal is filed on or after the date that is 180 days after the date of the enactment of this Act."

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–687 effective Jan. 1, 1989, see section 401(d) of Pub. L. 100–687 set out as an Effective Date note under section 7251 of this title.

Effective Date

Pub. L. 87–666, §3, Sept. 19, 1962, 76 Stat. 554, provided that: "The amendments made by this Act [enacting sections 4005, 4005A, and 4006 [now 7105, 7105A, and 7106] of this title, redesignating former section 4006 as 4007 [now 7107] of this title, and repealing former sections 4005 and 4007 of this title] shall be effective January 1, 1963."

Rule of Construction

Amendment by Pub. L. 117–168 not to be construed to apply section 5104(a) of this title to decisions of the Board of Veterans' Appeals under chapter 71 of this title, see section 807(b) of Pub. L. 117–168, set out as a note under section 5100 of this title.
38 U.S.C. § 6320 (2024) — Title 38: VETERANS' BENEFITS / Chapter 63 / Subchapter II / Section 6320: Solid Start program
Solid Start program
Status: in_force

(a) In General.—The Secretary shall carry out a program, to be known as the "Solid Start program", under which the Secretary shall—

(1) build the capacity of the Department to efficiently and effectively respond to the queries and needs of veterans who have recently separated from the Armed Forces; and

(2) systemically integrate and coordinate efforts to assist veterans, including efforts—

(A) to proactively reach out to newly separated veterans to inform them of their eligibility for programs of and benefits provided by the Department, including how to enroll in the system of annual patient enrollment established and operated under section 1705 of this title and the ability to seek care and services under sections 1703 and 1710 of this title; and

(B) to connect veterans in crisis to resources that address their immediate needs.

(b) Activities of the Solid Start Program.—(1) The Secretary, in coordination with the Secretary of Defense, shall carry out the Solid Start program of the Department by—

(A) collecting up-to-date contact information during transition classes or separation counseling for all members of the Armed Forces who are separating from the Armed Forces, while explaining the existence and purpose of the Solid Start program;

(B) calling each veteran, regardless of separation type or characterization of service, three times within the first year after separation of the veteran from the Armed Forces;

(C) providing information about the Solid Start program on the website of the Department and in materials of the Department, especially transition booklets and other resources;

(D) ensuring calls are truly tailored to the needs of each veteran's unique situation by conducting quality assurance tests;

(E) prioritizing outreach to veterans who have accessed mental health resources prior to separation from the Armed Forces;

(F) providing women veterans with information that is tailored to their specific health care and benefit needs;

(G) as feasible, providing information on access to State and local resources, including Vet Centers and veterans service organizations; and

(H) gathering and analyzing data assessing the effectiveness of the Solid Start program.

(2) The Secretary, in coordination with the Secretary of Defense, may carry out the Solid Start program by—

(A) encouraging members of the Armed Forces who are transitioning to civilian life to authorize alternate points of contact who can be reached should the member be unavailable during the first year following the separation of the member from the Armed Forces; and

(B) following up missed phone calls with tailored mailings to ensure the veteran still receives similar information.

(3) In this subsection:

(A) The term "Vet Center" has the meaning given that term in section 1712A(h) of this title.

(B) The term "veterans service organization" means an organization recognized by the Secretary for the representation of veterans under section 5902 of this title.

(Added Pub. L. 117–205, §2(a), Oct. 17, 2022, 136 Stat. 2232; amended Pub. L. 118–210, title I, §102(b), Jan. 2, 2025, 138 Stat. 2710.)

Editorial Notes

Amendments

2025—Subsec. (a)(2)(A). Pub. L. 118–210 inserted ", including how to enroll in the system of annual patient enrollment established and operated under section 1705 of this title and the ability to seek care and services under sections 1703 and 1710 of this title" before "; and".
38 U.S.C. § 6308 (2024) — Title 38: VETERANS' BENEFITS / Chapter 63 / Subchapter I / Section 6308: Outreach for eligible dependents
Outreach for eligible dependents
Status: in_force

(a) Needs of Dependents.—In carrying out this subchapter, the Secretary shall ensure that the needs of eligible dependents are fully addressed.

(b) Information as to Availability of Outreach Services for Dependents.—The Secretary shall ensure that the availability of outreach services and assistance for eligible dependents under this subchapter is made known through a variety of means, including the Internet, announcements in veterans publications, and announcements to the media.

(Added Pub. L. 109–233, title IV, §402(a), June 15, 2006, 120 Stat. 410, §6307; amended Pub. L. 117–205, §2(b)(2), Oct. 17, 2022, 136 Stat. 2233; renumbered §6308, Pub. L. 118–210, title III, §302(a)(1), Jan. 2, 2025, 138 Stat. 2789.)

Editorial Notes

Prior Provisions

A prior section 6308 was renumbered section 6309 of this title.

Provisions similar to those in this section were contained in section 7727 of this title prior to repeal by Pub. L. 109–233.

Amendments

2025—Pub. L. 118–210 renumbered section 6307 of this title as this section.

2022—Pub. L. 117–205 substituted "this subchapter" for "this chapter" in subsecs. (a) and (b).
38 U.S.C. § 3511 (2024) — Title 38: VETERANS' BENEFITS / Chapter 35 / Subchapter II / Section 3511: Duration of educational assistance
Duration of educational assistance
Status: in_force

(a)(1) Each eligible person, whether made eligible by one or more of the provisions of section 3501(a)(1) of this title, shall be entitled to educational assistance under this chapter—

(A) in the case of a person who first enrolls in a program of education using such entitlement before August 1, 2018, for an aggregate period not in excess of 45 months (or to the equivalent thereof in part-time training); or

(B) in the case of a person who first enrolls in a program of education using such entitlement on or after August 1, 2018, for an aggregate period not in excess of 36 months (or to the equivalent thereof in part-time training).

(2)(A) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of an educational assistance allowance described in subparagraph (B) of this paragraph shall not—

(i) be charged against the entitlement of any individual under this chapter; or

(ii) be counted toward the aggregate period for which section 3695 of this title limits an individual's receipt of assistance.

(B) The payment of the educational assistance allowance referred to in subparagraph (A) of this paragraph is the payment of such an allowance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual—

(i) had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 or of being involuntarily ordered to full-time National Guard duty under section 502(f) of title 32; and

(ii) failed to receive credit or training time toward completion of the individual's approved educational, professional, or vocational objective as a result of having to discontinue, as described in clause (i) of this subparagraph, his or her course pursuit.

(C) The period for which, by reason of this subsection, an educational assistance allowance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the portion of the period of enrollment in the course or courses for which the individual failed to receive credit or with respect to which the individual lost training time, as determined under subparagraph (B)(ii) of this paragraph.

(b) If any eligible person pursuing a program of education, or of special restorative training, under this chapter ceases to be an "eligible person" because—

(1) the parent or spouse from whom eligibility is derived is found no longer to have a "total disability permanent in nature", as defined in section 3501(a)(8) of this title,

(2) the parent or spouse from whom eligibility is derived based upon section 3501(a)(1)(C) of this title is no longer listed in one of the categories specified therein,

(3) the spouse, as an eligible person under subparagraph (D) or (E) of section 3501(a)(1) of this title, is divorced, without fault on such person's part, from the person upon whose disability such person's eligibility is based, or

(4) the parent or spouse from whom such eligibility is derived based upon subparagraph (E) of section 3501(a)(1) of this title no longer meets a requirement under clause (i), (ii), or (iii) of that subparagraph,

then such eligible person (if such person has sufficient remaining entitlement) may, nevertheless, be afforded educational assistance under this chapter until the end of the quarter or semester for which enrolled if the educational institution in which such person is enrolled is operated on a quarter or semester system, or if the educational institution is not so operated until the end of the course, or until 12 weeks have expired, whichever first occurs.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1194, §1711; Pub. L. 88–361, §2, July 7, 1964, 78 Stat. 297; Pub. L. 89–358, §4(k), Mar. 3, 1966, 80 Stat. 24; Pub. L. 90–631, §§1(c), 2(d), Oct. 23, 1968, 82 Stat. 1331, 1332; Pub. L. 91–24, §9(b), June 11, 1969, 83 Stat. 34; Pub. L. 91–584, §2, Dec. 24, 1970, 84 Stat. 1575; Pub. L. 94–502, title III, §§303, 310(6), Oct. 15, 1976, 90 Stat. 2390, 2391; renumbered §3511 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–127, §2(c), Oct. 10, 1991, 105 Stat. 620; Pub. L. 107–103, title I, §§103(a), 108(b)(1), (c)(1), Dec. 27, 2001, 115 Stat. 979, 985; Pub. L. 109–233, title V, §503(7), June 15, 2006, 120 Stat. 416; Pub. L. 109–444, §3(b)(2), Dec. 21, 2006, 120 Stat. 3306; Pub. L. 109–461, title III, §§301(b)(2), 302(a), title X, §1006(b), Dec. 22, 2006, 120 Stat. 3425, 3428, 3468; Pub. L. 115–48, title II, §202, Aug. 16, 2017, 131 Stat. 989.)

Editorial Notes

Amendments

2017—Subsec. (a)(1). Pub. L. 115–48 substituted "chapter—" for "chapter for an aggregate period not in excess of 45 months (or to the equivalent thereof in part-time training)" and added subpars. (A) and (B).

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

Subsec. (a)(1). Pub. L. 109–461, §301(b)(2)(A), substituted "Each eligible person, whether made eligible by one or more of the provisions of section 3501(a)(1) of this title," for "Each eligible person" and "an aggregate period" for "a period" in first sentence and struck out second sentence, which read as follows: "In no event may the aggregate educational assistance afforded to a spouse made eligible under both sections 3501(a)(1)(D)(i) and 3501(a)(1)(D)(ii) of this title exceed 45 months."

Pub. L. 109–444, §3(b)(2)(A), which substituted "Each eligible person, whether made eligible by one or more of the provisions of section 3501(a)(1) of this title," for "Each eligible person" and "an aggregate period" for "a period" in first sentence and struck out second sentence, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Pub. L. 109–233 inserted "sections" after "under both".

Subsec. (a)(2)(B)(i). Pub. L. 109–461, §302(a), inserted "or of being involuntarily ordered to full-time National Guard duty under section 502(f) of title 32" after "title 10".

Subsec. (b)(2). Pub. L. 109–461, §301(b)(2)(B)(i), substituted "section" for "the provisions of section 3501(a)(1)(A)(iii) or" and struck out "or" at end.

Pub. L. 109–444, §3(b)(2)(B)(i), which substituted "section" for "the provisions of section 3501(a)(1)(A)(iii) or" and struck out "or" at end, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (b)(3). Pub. L. 109–461, §301(b)(2)(B)(ii), substituted "subparagraph (D) or (E) of section 3501(a)(1)" for "section 3501(a)(1)(D)" and inserted "or" after comma at end.

Pub. L. 109–444, §3(b)(2)(B)(ii), which substituted "subparagraph (D) or (E) of section 3501(a)(1)" for "section 3501(a)(1)(D)" and inserted "or" after comma at end, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (b)(4). Pub. L. 109–461, §301(b)(2)(B)(iii), added par. (4).

Pub. L. 109–444, §3(b)(2)(B)(iii), which added par. (4) identical to that added by Pub. L. 109–461, §301(b)(2)(B)(iii), was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (c). Pub. L. 109–461, §301(b)(2)(C), struck out subsec. (c), which read as follows: "Any entitlement used by an eligible person as a result of eligibility under section 3501(a)(1)(A)(iii), 3501(a)(1)(C), or 3501(a)(1)(D)(i) of this title shall be deducted from any entitlement to which such person may subsequently be entitled under this chapter."

Pub. L. 109–444, §3(b)(2)(C), which struck out subsec. (c), was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

2001—Subsec. (a)(1). Pub. L. 107–103, §108(c)(1), inserted at end "In no event may the aggregate educational assistance afforded to a spouse made eligible under both 3501(a)(1)(D)(i) and 3501(a)(1)(D)(ii) of this title exceed 45 months."

Subsec. (a)(2)(B)(i). Pub. L. 107–103, §103(a), substituted "to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10;" for ", in connection with the Persian Gulf War, to serve on active duty under section 672(a), (d), or (g), 673, 673b, or 688 of title 10;".

Subsec. (c). Pub. L. 107–103, §108(b)(1), added subsec. (c).

1991—Pub. L. 102–83, §5(a), renumbered section 1711 of this title as this section.

Subsec. (a). Pub. L. 102–127 designated existing provisions as par. (1) and added par. (2).

Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "3501(a)(8)" for "1701(a)(8)" in par. (1), "3501(a)(1)(A)(iii) or 3501(a)(1)(C)" for "1701(a)(1)(A)(iii) or 1701(a)(1)(C)" in par. (2), and "3501(a)(1)(D)" for "1701(a)(1)(D)" in par. (3).

1976—Subsec. (a). Pub. L. 94–502, §303(1), substituted "45 months" for "thirty-six months".

Subsec. (b). Pub. L. 94–502, §§303(2), 310(6), substituted "the spouse" for "she", "such person's" for "her" in two places, "such person" for "he or she" in two places, and "12 weeks" for "nine weeks".

1970—Subsec. (b). Pub. L. 91–584 added par. (2), redesignated former par. (2) as (3), and substituted "1701(a)(1)(D)" for "1701(a)(1)(C)".

1969—Subsec. (b)(1). Pub. L. 91–24 substituted "section 1701(a)(8) of this title" for "section 1701(a)(10) of this title".

1968—Subsec. (b). Pub. L. 90–631, §§1(c), 2(d), redesignated subsec. (d) as (b) and extended applicability of subsec. from any child pursuing a program of education or training to any eligible person pursuing such program, and expanded causes of persons ceasing to be "eligible persons" to include spouses no longer found to have a "total disability permanent in nature" as defined under section 1701(a)(10) of this title, and the individual, as an eligible person under section 1701(a)(1)(C) of this title, is divorced, without fault on her part, from the person upon whose disability her eligibility is based. Former subsec. (b), setting forth reductions in the period of entitlement of an eligible person, was struck out.

Subsec. (c). Pub. L. 90–631, §1(c), struck out subsec. (c) which required an eligible person to elect either educational assistance or vocational rehabilitation when such person is entitled to both, or becomes entitled to vocational rehabilitation after receiving educational assistance.

Subsec. (d). Pub. L. 90–631, §1(c), redesignated subsec. (d) as (b).

1966—Subsec. (b). Pub. L. 89–358 substituted "34" for "33" and inserted "or under chapter 33 of this title as in effect before February 1, 1965".

1964—Subsec. (d). Pub. L. 88–361 added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Amendment by section 301(b)(2) of Pub. L. 109–461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title.

Pub. L. 109–461, title III, §302(b), Dec. 22, 2006, 120 Stat. 3428, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to a payment of educational assistance allowance made after September 11, 2001."

Effective Date of 2001 Amendment

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

Pub. L. 107–103, title I, §108(c)(4), Dec. 27, 2001, 115 Stat. 985, provided that: "The amendments made by this subsection [amending this section and section 3512 of this title] shall apply with respect to any determination (whether administrative or judicial) of the eligibility of a spouse or surviving spouse for educational assistance under chapter 35 of title 38, United States Code, made on or after the date of the enactment of this Act [Dec. 27, 2001], whether pursuant to an original claim for such assistance or pursuant to a reapplication or attempt to reopen or readjudicate a claim for such assistance."

Effective Date of 1976 Amendment

Amendment by sections 303 and 310(6) of Pub. L. 94–502 effective Oct. 1, 1976, and Oct. 15, 1976, respectively, see section 703(a), (b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–631 effective first day of second calendar month which begins after Oct. 23, 1968, see section 6(a) of Pub. L. 90–631, set out as an Effective Date note under section 3500 of this title.
38 U.S.C. § 3118 (2024) — Title 38: VETERANS' BENEFITS / Chapter 31 / Section 3118: Personnel training, development, and qualifications
Personnel training, development, and qualifications
Status: in_force

(a) The Secretary shall provide a program of ongoing professional training and development for Department of Veterans Affairs counseling and rehabilitation personnel engaged in providing rehabilitation services under this chapter. The objective of such training shall be to insure that rehabilitation services for disabled veterans are provided in accordance with the most advanced knowledge, methods, and techniques available for the rehabilitation of handicapped persons. For this purpose, the Secretary may employ the services of consultants and may make grants to and contract with public or private agencies (including institutions of higher learning) to conduct such training and development.

(b) The Secretary shall coordinate with the Commissioner of the Rehabilitation Services Administration in the Department of Education and the Assistant Secretary for Veterans' Employment in the Department of Labor in planning and carrying out personnel training in areas of mutual programmatic concern.

(c) Notwithstanding any other provision of law, the Secretary shall establish such qualifications for personnel providing evaluation and rehabilitation services to veterans under this chapter and for employees performing the functions described in section 3106(f) of this title as the Secretary determines are necessary and appropriate to insure the quality of rehabilitation programs under this chapter. In establishing such qualifications, the Secretary shall take into account the qualifications established for comparable personnel under the Rehabilitation Act of 1973 (29 U.S.C. ch. 16).

(Added Pub. L. 96–466, title I, §101(a), Oct. 17, 1980, 94 Stat. 2184, §1518; amended Pub. L. 101–237, title IV, §423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered §3118 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, §101(f)(2)(C), Oct. 9, 1996, 110 Stat. 3325.)

Editorial Notes

References in Text

The Rehabilitation Act of 1973 (29 U.S.C. ch. 16), referred to in subsec. (c), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

Prior Provisions

Prior section 3118 was renumbered section 5318 of this title.

Amendments

1996—Subsec. (c). Pub. L. 104–275 substituted "3106(f)" for "3106(e)".

1991—Pub. L. 102–83, §5(a), renumbered section 1518 of this title as this section.

Subsec. (c). Pub. L. 102–83, §5(c)(1), substituted "3106(e)" for "1506(e)".

1989—Pub. L. 101–237 substituted "Secretary" and "Department of Veterans Affairs" for "Administrator" and "Veterans' Administration", respectively, wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1980, see section 802(a)(2) of Pub. L. 96–466, set out as a note under section 3100 of this title.
38 U.S.C. § 1761 (2024) — Title 38: VETERANS' BENEFITS / Chapter 17 / Subchapter VI / Section 1761: Repealed. Pub. L. 102-585, title V, §514(a), Nov. 4, 1992, 106 Stat. 4958
Repealed. Pub. L. 102-585, title V, §514(a), Nov. 4, 1992, 106 Stat. 4958
Status: repealed

[§§1761 to 1764. Repealed. Pub. L. 102–585, title V, §514(a), Nov. 4, 1992, 106 Stat. 4958]

Section 1761, added Pub. L. 96–22, title I, §105(a), June 13, 1979, 93 Stat. 52, §661; amended Pub. L. 98–160, title I, §106(b), Nov. 21, 1983, 97 Stat. 998; renumbered §1761, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406, related to purpose of this subchapter, which established a preventive health-care services pilot program.

Prior section 1761 was renumbered section 3561 of this title.

Section 1762, added Pub. L. 96–22, title I, §105(a), June 13, 1979, 93 Stat. 52, §662; renumbered §1762 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–585, title V, §513(a), Nov. 4, 1992, 106 Stat. 4958, defined the term "preventive health-care services" for purposes of this subchapter. Section 1762 of this title was transferred to section 1701(9) of this title by Pub. L. 102–585.

Prior section 1762 was renumbered section 3562 of this title.

Section 1763, added Pub. L. 96–22, title I, §105(a), June 13, 1979, 93 Stat. 52, §663; amended Pub. L. 96–128, title V, §501(d), Nov. 28, 1979, 93 Stat. 987; Pub. L. 98–160, title I, §106(c), Nov. 21, 1983, 97 Stat. 998; Pub. L. 99–272, title XIX, §19011(d)(6), Apr. 7, 1986, 100 Stat. 379; renumbered §1763 and amended Pub. L. 102–83, §§4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406, related to provision of preventive health-care services under this subchapter.

Prior section 1763 was renumbered section 3563 of this title.

Another prior section 1763, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1201, provided for control by agencies of the United States, prior to repeal by Pub. L. 89–358, §3(a)(3), Mar. 3, 1966, 80 Stat. 20. See section 3682 of this title.

Section 1764, added Pub. L. 96–22, title I, §105(a), June 13, 1979, 93 Stat. 53, §664; amended Pub. L. 98–160, title I, §106(d), Nov. 21, 1983, 97 Stat. 999; renumbered §1764 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406, directed Secretary to include comprehensive reports on administration of this subchapter in annual reports to Congress for fiscal years 1984 through 1988.

Prior section 1764, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1201, provided for dismissal for conflict of interest, prior to repeal by Pub. L. 89–358, §§3(a)(3), 12(a), Mar. 3, 1966, 80 Stat. 20, 28, effective Mar. 3, 1966. See section 3683 of this title.

Prior section 1765 was renumbered section 3565 of this title.

Another prior section 1765, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1202, provided for reports by institutions, prior to repeal by Pub. L. 89–358, §3(a)(3), Mar. 3, 1966, 80 Stat. 20. See section 3684 of this title.

Prior section 1766 was renumbered section 3566 of this title.

Another prior section 1766, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1202, related to overpayments to eligible persons, prior to repeal by Pub. L. 89–358, §3(a)(3), Mar. 3, 1966, 80 Stat. 20. See section 3685 of this title.

Prior section 1767, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1202, related to examination of records, prior to repeal by Pub. L. 89–358, §3(a)(3), Mar. 3, 1966, 80 Stat. 20.

Prior section 1768, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1202, related to false or misleading statements, prior to repeal by Pub. L. 89–358, §3(a)(3), Mar. 3, 1966, 80 Stat. 20.

A prior section 1770 was renumbered section 3670 of this title.
38 U.S.C. § 1942 (2024) — Title 38: VETERANS' BENEFITS / Chapter 19 / Subchapter II / Section 1942: Plans of insurance
Plans of insurance
Status: in_force

(a) Regulations shall provide for the right to convert insurance on the five-year level premium term plan into ordinary life, twenty-payment life, endowment maturing at age sixty-two, and into other usual forms of insurance as may be prescribed by the Secretary. Provision shall be made for reconversion of any such policies to a higher premium rate or, upon proof of good health satisfactory to the Secretary, to a lower premium rate, in accordance with regulations to be issued by the Secretary. No reconversion shall be made to a five-year level premium term policy.

(b) An insured who on or after the insured's sixty-fifth birthday has a five-year level premium term policy of insurance in force by payment of premiums may exchange such policy for insurance on a special endowment at age ninety-six plan upon written application; payment of the required premium; and surrender of the five-year level premium term policy and any total disability provision attached thereto with all rights, title, and interests thereunder. However, if it is found by the Secretary subsequent to the exchange that prior thereto the term policy matured because of total permanent disability of the insured or that the insured was entitled to total disability benefits under the total disability provision attached to such policy, the insured, upon surrender of the special endowment at age ninety-six policy and any provision for waiver of premiums issued under subsection (c) of this section with all rights, title, and interest thereunder, will be entitled to benefits payable under the prior contract. In such case, the cash value less any indebtedness on the endowment policy shall be refunded together with any premiums paid on a provision for waiver of premiums. Insurance on the special endowment at age ninety-six plan shall be issued at the attained age of the insured upon the same terms and conditions as are contained in standard policies of United States Government Life Insurance except:

(1) the insurance shall not mature and no benefits shall be paid thereunder because of total permanent disability;

(2) the premiums for such insurance shall be as prescribed by the Secretary;

(3) such insurance cannot be exchanged, converted, or reconverted to any other plan of insurance;

(4) all cash, loan, paid-up, and extended term insurance values shall be as prescribed by the Secretary; and

(5) the insurance shall be subject to such other changes in terms and conditions as the Secretary determines to be reasonable and practicable.

(c) The Secretary shall, upon application made by the insured at the same time as the insured exchanges the term policy for an endowment policy issued under the provisions of subsection (b) of this section, and upon payment of such extra premium as the Secretary shall prescribe, include in such endowment policy a provision for waiver of premiums on the policy and on the provision during the total permanent disability of the insured, if such disability began after the date of such application and while the policy and the provision are in force by payment of premiums. The Secretary shall not grant waiver of any premium becoming due more than one year before receipt by the Secretary of claim for the same, except as provided in this subsection. Any premiums paid for months during which waiver is effective shall be refunded. The Secretary shall provide by regulations for examination or reexamination of an insured claiming waiver of premiums under this subsection, and may deny waiver for failure to cooperate. If it is found that an insured is no longer totally and permanently disabled, the waiver of premiums shall cease as of the date of such finding and the policy and provision may be continued by payment of premiums as provided therein. In any case in which the Secretary finds that the insured's failure to make timely claim for waiver of premiums, or to submit satisfactory evidence of the existence or continuance of total permanent disability was due to circumstances beyond the insured's control, the Secretary may grant waiver or continuance of waiver of premiums. If the insured dies without filing claim for waiver, the beneficiary, within one year after the death of the insured, or, if the beneficiary is insane or a minor, within one year after removal of such legal disability, may file claim for waiver with evidence of the insured's right to waiver under this subsection. Policies containing a provision for waiver of premiums issued under this subsection may be separately classified for the purpose of dividend distribution from otherwise similar policies not containing such provision.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1158, §742; Pub. L. 87–549, July 25, 1962, 76 Stat. 219; Pub. L. 99–576, title VII, §701(29), Oct. 28, 1986, 100 Stat. 3292; renumbered §1942 and amended Pub. L. 102–83, §§4(a)(2)(C)(iii), (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 742 of this title as this section.

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

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

Pub. L. 102–83, §4(a)(2)(C)(iii), substituted "by the Secretary" for "in the Veterans' Administration".

1986—Subsec. (b). Pub. L. 99–576, §701(29)(A), substituted "the insured's" for "his" and "the insured" for "he".

Subsec. (c). Pub. L. 99–576, §701(29)(B), substituted "the insured" for "he", "the term" for "his term", and "the insured's control" for "his control", and struck out "his failure" before "to submit".

1962—Pub. L. 87–549 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
38 U.S.C. § 2044 (2024) — Title 38: VETERANS' BENEFITS / Chapter 20 / Subchapter V / Section 2044: Financial assistance for supportive services for very low-income veteran families in permanent housing
Financial assistance for supportive services for very low-income veteran families in permanent housing
Status: in_force

(a) Distribution of Financial Assistance.—(1) The Secretary shall provide financial assistance to eligible entities approved under this section to provide and coordinate the provision of supportive services described in subsection (b) for very low-income veteran families occupying permanent housing.

(2) Financial assistance under this section shall consist of grants for each such family for which an approved eligible entity is providing or coordinating the provision of supportive services.

(3)(A) The Secretary shall provide such grants to each eligible entity that is providing or coordinating the provision of supportive services.

(B) The Secretary is authorized to establish intervals of payment for the administration of such grants and establish a maximum amount to be awarded, in accordance with the services being provided and their duration.

(4) In providing financial assistance under paragraph (1), the Secretary shall give preference to entities providing or coordinating the provision of supportive services for very low-income veteran families who are transitioning from homelessness to permanent housing.

(5) The Secretary shall ensure that, to the extent practicable, financial assistance under this subsection is equitably distributed across geographic regions, including rural communities and tribal lands.

(6) Each entity receiving financial assistance under this section to provide supportive services to a very low-income veteran family shall notify that family that such services are being paid for, in whole or in part, by the Department.

(7) The Secretary may require entities receiving financial assistance under this section to submit a report to the Secretary that describes the projects carried out with such financial assistance.

(b) Supportive Services.—The supportive services referred to in subsection (a) are the following:

(1) Services provided by an eligible entity or a subcontractor of an eligible entity that address the needs of very low-income veteran families occupying permanent housing, including—

(A) outreach services;

(B) case management services;

(C) assistance in obtaining any benefits from the Department which the veteran may be eligible to receive, including, but not limited to, vocational and rehabilitation counseling, employment and training service, educational assistance, and health care services; and

(D) assistance in obtaining and coordinating the provision of other public benefits provided in Federal, State, or local agencies, or any organization defined in subsection (f), including—

(i) health care services (including obtaining health insurance);

(ii) daily living services;

(iii) personal financial planning;

(iv) transportation services;

(v) income support services;

(vi) fiduciary and representative payee services;

(vii) legal services to assist the veteran family with issues that interfere with the family's ability to obtain or retain housing or supportive services;

(viii) child care;

(ix) housing counseling; and

(x) other services necessary for maintaining independent living.

(2) Services described in paragraph (1) that are delivered to very low-income veteran families who are homeless and who are scheduled to become residents of permanent housing within 90 days pending the location or development of housing suitable for permanent housing.

(3) Services described in paragraph (1) for very low-income veteran families who have voluntarily chosen to seek other housing after a period of tenancy in permanent housing, that are provided, for a period of 90 days after such families exit permanent housing or until such families commence receipt of other housing services adequate to meet their current needs, but only to the extent that services under this paragraph are designed to support such families in their choice to transition into housing that is responsive to their individual needs and preferences.

(c) Application for Financial Assistance.—(1) An eligible entity seeking financial assistance under subsection (a) shall submit to the Secretary an application therefor in such form, in such manner, and containing such commitments and information as the Secretary determines to be necessary to carry out this section.

(2) Each application submitted by an eligible entity under paragraph (1) shall contain—

(A) a description of the supportive services proposed to be provided by the eligible entity and the identified needs for those services;

(B) a description of the types of very low-income veteran families proposed to be provided such services;

(C) an estimate of the number of very low-income veteran families proposed to be provided such services;

(D) evidence of the experience of the eligible entity in providing supportive services to very low-income veteran families; and

(E) a description of the managerial capacity of the eligible entity—

(i) to coordinate the provision of supportive services with the provision of permanent housing by the eligible entity or by other organizations;

(ii) to assess continuously the needs of very low-income veteran families for supportive services;

(iii) to coordinate the provision of supportive services with the services of the Department;

(iv) to tailor supportive services to the needs of very low-income veteran families; and

(v) to seek continuously new sources of assistance to ensure the long-term provision of supportive services to very low-income veteran families.

(3) The Secretary shall establish criteria for the selection of eligible entities to be provided financial assistance under this section.

(d) Technical Assistance.—(1) The Secretary shall provide training and technical assistance to participating eligible entities regarding the planning, development, and provision of supportive services to very low-income veteran families occupying permanent housing, through the Technical Assistance grants program in section 2064 of this title.

(2) The Secretary may provide the training described in paragraph (1) directly or through grants or contracts with appropriate public or nonprofit private entities.

(e) Funding.—From amounts appropriated to the Department for Medical Services, there shall be available to carry out subsections (a), (b), and (c) amounts as follows:

(1) $15,000,000 for fiscal year 2009.

(2) $20,000,000 for fiscal year 2010.

(3) $25,000,000 for fiscal year 2011.

(4) $100,000,000 for fiscal year 2012.

(5) $320,000,000 for each of fiscal years 2015 through 2017.

(6) $340,000,000 for fiscal year 2018.

(7) $380,000,000 for each of fiscal years 2019 and 2020.

(8) $420,000,000 for each of fiscal years 2021 through 2025.

(f) Definitions.—In this section:

(1) The term "consumer cooperative" has the meaning given such term in section 202 of the Housing Act of 1959 (12 U.S.C. 1701q).

(2) The term "eligible entity" means—

(A) a private nonprofit organization; or

(B) a consumer cooperative.

(3) The term "homeless" has the meaning given that term in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302).

(4) The term "permanent housing" means community-based housing without a designated length of stay.

(5) The term "private nonprofit organization" means any of the following:

(A) Any incorporated private institution or foundation—

(i) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual;

(ii) which has a governing board that is responsible for the operation of the supportive services provided under this section; and

(iii) which is approved by the Secretary as to financial responsibility.

(B) A for-profit limited partnership, the sole general partner of which is an organization meeting the requirements of clauses (i), (ii), and (iii) of subparagraph (A).

(C) A corporation wholly owned and controlled by an organization meeting the requirements of clauses (i), (ii), and (iii) of subparagraph (A).

(D) A tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)).

(6)(A) Subject to subparagraphs (B) and (C), the term "very low-income veteran family" means a veteran family whose income does not exceed 50 percent of the median income for an area specified by the Secretary for purposes of this section, as determined by the Secretary in accordance with this paragraph.

(B) The Secretary shall make appropriate adjustments to the income requirement under subparagraph (A) based on family size.

(C) The Secretary may establish an income ceiling higher or lower than 50 percent of the median income for an area if the Secretary determines that such variations are necessary because the area has unusually high or low construction costs, fair market rents (as determined under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)), or family incomes.

(7) The term "veteran family" includes a veteran who is a single person and a family in which the head of household or the spouse of the head of household is a veteran.

(Added Pub. L. 110–387, title VI, §604(b)(1), Oct. 10, 2008, 122 Stat. 4132; amended Pub. L. 111–275, title X, §1001(e), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 112–37, §12, Oct. 5, 2011, 125 Stat. 397; Pub. L. 112–154, title III, §305(c), Aug. 6, 2012, 126 Stat. 1187; Pub. L. 113–37, §2(f)(2), Sept. 30, 2013, 127 Stat. 524; Pub. L. 113–175, title II, §206, Sept. 26, 2014, 128 Stat. 1904; Pub. L. 114–58, title III, §304, title VI, §601(9), Sept. 30, 2015, 129 Stat. 534, 538; Pub. L. 114–228, title III, §305, Sept. 29, 2016, 130 Stat. 939; Pub. L. 115–62, title III, §304, Sept. 29, 2017, 131 Stat. 1163; Pub. L. 115–251, title I, §145, Sept. 29, 2018, 132 Stat. 3170; Pub. L. 116–61, §4, Sept. 30, 2019, 133 Stat. 1116; Pub. L. 116–159, div. E, title III, §5305, Oct. 1, 2020, 134 Stat. 751; Pub. L. 117–180, div. E, title III, §304, Sept. 30, 2022, 136 Stat. 2138; Pub. L. 117–328, div. U, title III, §305(a), Dec. 29, 2022, 136 Stat. 5471; Pub. L. 118–83, div. B, title III, §325, Sept. 26, 2024, 138 Stat. 1541.)

Editorial Notes

Codification

Pub. L. 112–37, §12, Oct. 5, 2011, 125 Stat. 397, which directed amendment of "section 2044" without specifying the Code title to be amended, was executed to this section, which is section 2044 of Title 38, Veterans' Benefits, to reflect the probable intent of Congress. See 2011 Amendment notes below.

Amendments

2024—Subsec. (e). Pub. L. 118–83 substituted "2025" for "2024" in subpar. (H) and redesignated subpars. (A) to (H) as pars. (1) to (8), respectively.

2022—Subsec. (e). Pub. L. 117–328, §305(a), struck out par. (1) designation before "From amounts" and struck out pars. (2) and (3) which read as follows:

"(2) Not more than $750,000 may be available under paragraph (1) in any fiscal year to provide technical assistance under subsection (d).

"(3) There is authorized to be appropriated $1,000,000 for each of the fiscal years 2009 through 2012 to carry out the provisions of subsection (d)."

Subsec. (e)(1)(H). Pub. L. 117–180 substituted "through 2024" for "and 2022".

2020—Subsec. (e)(1)(G). Pub. L. 116–159, §5305(1), substituted "and 2020" for "through 2021".

Subsec. (e)(1)(H). Pub. L. 116–159, §5305(2), added subpar. (H).

2019—Subsec. (e)(1)(G). Pub. L. 116–61 substituted "each of fiscal years 2019 through 2021" for "fiscal year 2019".

2018—Subsec. (e)(1)(F), (G). Pub. L. 115–251 added subpars. (F) and (G) and struck out former subpar. (F) which read as follows: "$320,000,000 for each of fiscal years 2018 through 2019."

2017—Subsec. (e)(1)(F). Pub. L. 115–62 added subpar. (F).

2016—Subsec. (e)(1)(E). Pub. L. 114–228 amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: "$300,000,000 for each of fiscal years 2015 through 2016."

2015—Subsec. (b)(1)(D). Pub. L. 114–58, §601(9), substituted "Federal" for "federal" in introductory provisions.

Subsec. (e)(1)(E). Pub. L. 114–58, §304, substituted "fiscal years 2015 through 2016" for "fiscal years 2013 through 2015".

2014—Subsec. (e)(1)(E). Pub. L. 113–175 substituted "fiscal years 2013 through 2015" for "fiscal years 2013 and 2014".

2013—Subsec. (e)(1)(E). Pub. L. 113–37 substituted "for each of fiscal years 2013 and 2014" for "for fiscal year 2013".

2012—Subsec. (e)(1)(E). Pub. L. 112–154 added subpar. (E).

2011—Subsec. (e)(1). Pub. L. 112–37, §12(b), substituted "subsections" for "subsection" in introductory provisions. See Codification note above.

Subsec. (e)(1)(D). Pub. L. 112–37, §12(a)(1), added subpar. (D). See Codification note above.

Subsec. (e)(3). Pub. L. 112–37, §12(a)(2), substituted "2012" for "2011". See Codification note above.

2010—Subsec. (e)(3). Pub. L. 111–275 substituted "fiscal years" for "fiscal year".

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

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

Funding Limits for Financial Assistance for Supportive Services for Very Low-Income Veteran Families in Permanent Housing During a Public Health Emergency

Pub. L. 116–136, div. B, title X, §20012, Mar. 27, 2020, 134 Stat. 589, provided that: "In the case of a public health emergency, nothing in subsection (e)(1) of section 2044 of title 38, United States Code, may be construed as limiting amounts that may be made available for carrying out subsections (a), (b), and (c) of such section."

[For definition of "public health emergency" as used in section 20012 of Pub. L. 116–136, set out above, see section 20003 of Pub. L. 116–136, set out as a note under section 303 of this title.]

Purpose

Pub. L. 110–387, title VI, §604(a), Oct. 10, 2008, 122 Stat. 4132, provided that: "The purpose of this section [enacting this section] is to facilitate the provision of supportive services for very low-income veteran families in permanent housing."