" ! JOINT COMMITTEE PRINT 1 107th Congress

2d Session

TITLE 38—UNITED STATES CODE

V E T E R A N S’ B E N E F I T S

AS AMENDED THROUGH MAY 15, 2002

AND RELATED MATERIAL

PREPARED BY THE

COMMITTEES ON VETERANS’ AFFAIRS

OF THE

HOUSE OF REPRESENTATIVES

AND

UNITED STATES SENATE

MAY 15, 2002

Printed for the use of the Committees on Veterans’ Affairs of the House

of Representatives and United States Senate

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

72–953DTP

" ! JOINT COMMITTEE PRINT 1 107th Congress

2d Session

2002

TITLE 38—UNITED STATES CODE

V E T E R A N S’ B E N E F I T S

AS AMENDED THROUGH MAY 15, 2002

AND RELATED MATERIAL

PREPARED BY THE

COMMITTEES ON VETERANS’ AFFAIRS

OF THE

HOUSE OF REPRESENTATIVES

AND

UNITED STATES SENATE

MAY 15, 2002

Printed for the use of the Committees on Veterans’ Affairs of the House

of Representatives and United States Senate
HOUSE COMMITTEE ON VETERANS’ AFFAIRS

CHRISTOPHER H. SMITH, New Jersey, Chairman

BOB STUMP, Arizona

MICHAEL BILIRAKIS, Florida

TERRY EVERETT, Alabama

STEPHEN E. BUYER, Indiana

JACK QUINN, New York

CLIFF STEARNS, Florida

JERRY MORAN, Kansas

HOWARD P. (BUCK) MCKEON, California

JIM GIBBONS, Nevada

MICHAEL K. SIMPSON, Idaho

RICHARD H. BAKER, Louisiana

ROB SIMMONS, Connecticut

ANDER CRENSHAW, Florida

HENRY E. BROWN, JR., South Carolina

JEFF MILLER, Florida

JOHN BOOZMAN, Arkansas

LANE EVANS, Illinois

BOB FILNER, California

LUIS V. GUTIERREZ, Illinois

CORRINE BROWN, Florida

JULIA CARSON, Indiana

SILVESTRE REYES, Texas

VIC SNYDER, Arkansas

CIRO D. RODRIGUEZ, Texas

RONNIE SHOWS, Mississippi

SHELLEY BERKLEY, Nevada

BARON P. HILL, Indiana

TOM UDALL, New Mexico

SUSAN A. DAVIS, California

PATRICK E. RYAN, Chief Counsel and Staff Director

SENATE COMMITTEE ON VETERANS’ AFFAIRS

JOHN D. ROCKEFELLER IV, West Virginia, Chairman

BOB GRAHAM, Florida

JAMES M. JEFFORDS, Vermont

DANIEL K. AKAKA, Hawaii

PAUL WELLSTONE, Minnesota

PATTY MURRAY, Washington

ZELL MILLER, Georgia

BEN NELSON, Nebraska

ARLEN SPECTER, Pennsylvania

STROM THURMOND, South Carolina

FRANK H. MURKOWSKI, Alaska

BEN NIGHTHORSE CAMPBELL, Colorado

LARRY E. CRAIG, Idaho

TIM HUTCHINSON, Arkansas

KAY BAILEY HUTCHISON, Texas

WILLIAM F. TUERK, Minority Chief Counsel and Staff Director

(II)
(III)

TITLE 38—UNITED STATES CODE

(V)

FOREWORD

This publication contains the text of title 38, United States Code,

‘‘Veterans Benefits.’’ Title 38 is the organic law for the Department

of Veterans Affairs and for veterans’ benefits administered by the

Secretary of Veterans Affairs. It includes the charter for the United

States Court of Veterans Appeals and certain veterans’ benefits administered by the Secretary of Labor.

This publication also has replaced the previous edition’s appendix with a new section, Related Provisions of Law, consisting of

pertinent laws relating to veterans’ benefits. The new section continues to include laws such as the Soldiers’ and Sailors’ Civil Relief

Act of 1940 and the Education Assistance for Members of the Selected Reserve (Montgomery GI Bill). New material includes Expanded Sharing Between Department of Veterans Affairs and Department of Defense, Specialized Mental Health Services, Pilot Programs Relating to Long-Term Care and the Study of Post Traumatic Stress Disorder in Vietnam. The order of laws excerpted in

the Related Provisions of Law is now grouped by subject to make

information easier to find.

The title 38, United States Code, committee print, which was

first issued on September 15, 1958, is current through the end of

the first session of the 107th Congress and Public Law 107–135,

enacted on January 23, 2002. The Office of the Legislative Counsel

of the House of Representatives, as well as the staffs of the Committee on Veterans’ Affairs of the House of Representatives and the

United States Senate provided invaluable assistance and guidance

in the preparation of this publication. The staff of the General

Counsel of the Department of Veterans Affairs reviewed proofs of

this publication and made suggestions for improvement. Tables

prepared by the Office of the Law Revision Counsel were also very

useful in the preparation of this publication. The committees appreciate the assistance rendered by these staffs and offices. This publication would not have been possible without them. We invite comments and corrections from the users of this publication to ensure

it continues to be useful for its readers.

CHRISTOPHER H. SMITH

Chairman, Committee on Veterans’ Affairs,

House of Representatives

JOHN D. ROCKEFELLER IV

Chairman, Committee on Veterans’ Affairs,

United States Senate
(VI)

For changes after the closing date of this publication (May 15,

2002) to any provision of title 38, United States Code, or to any

provision of law in the Related Provisions of Law section of this

publication that has a U.S. Code section number, see the United

States Code Classification Tables published by the Office of the

Law Revision Counsel of the House of Representatives at

http://uscode.house.gov/uscct.htm.
(VII)

T A B L E O F C O N T E N T S

Page

Foreword ................................................................................................................ v

Table of contents .................................................................................................. VII

Statistical data—war veterans and dependents ........................................... IX

Table of chapters .................................................................................................. XI

Table of sections ................................................................................................... XIII

Title 38—Veterans’ Benefits ............................................................................... 1

Part I.—General Provisions ............................................................................. 7

Part II.—General Benefits ............................................................................... 69

Part III.—Readjustment and Related Benefits .............................................. 305

Part IV.—General Administrative Provisions ................................................ 571

Part V.—Boards, Administrations, and Services ........................................... 631

Part VI.—Acquisition and Disposition of Property ........................................ 783

Related Provisions of Law ................................................................................. 853

Administrative and Judicial:

Department of Veterans Affairs Act (Pub. L. 100–527) ............................. 855

Providing an Order of Succession Within the Department of Veterans

Affairs, Executive Order 13247 of Dec. 18, 2001 .................................... 859

Department of Veterans Affairs Employment Reduction Assistance Act

of 1999 (Pub. L. 106–117) ......................................................................... 860

Soldiers and Sailors’ Civil Relief Act of 1940 ............................................. 865

Public Law 102–83 (effective date and general savings provisions) ......... 888

USERRA Transition Rules and Effective Dates (Pub. L. 103–353) .......... 889

Judicial Review Available for Claims Filed Against VA on or after

November 18, 1998 (Pub. L. 100–687) ..................................................... 892

Prior Pension Law:

Prior Pension Law affected by provisions changed by Pub. L. 86–211 893

Prior Pension Law affected by provisions changed by Pub. L. 95–588 901

Memorial Affairs:

National Cemeteries Act of 1973, Section 6 (Pub. L. 93–43) ..................... 914

Education:

Educational Assistance for Members of the Selected Reserve (ch. 1606

of title 10, U.S.C.) (Reserve Montgomery GI Bill) .................................. 916

Information to Assist Veterans Receiving Education Benefits (Pub. L.

101–237) ..................................................................................................... 925

Benefits:

Expedited Treatment of Remanded Claims (38 U.S.C. 5101 note) ........... 926

Provisions from Veterans’ Benefits Improvement Act of 1996 (Pub.

L. 104–275) ................................................................................................ 927

Women’s Air Forces Service Pilots (Pub. L. 95–202) ................................. 935

Veterans Dioxin and Radiation Exposure Compensation Standards;

Congressional Findings and Statement of Purpose (Pub. L. 98–542) ... 937

Health:

Availability of Funds for Travel of Eligible Veterans, Dependents, or

Survivors (Pub. L. 96–330) ....................................................................... 945

Loans to Organizations Providing Transitional Housing for Substance

Abusers ....................................................................................................... 947

Post-Traumatic-Stress Disorder (Pub. L. 98–528) ...................................... 949

Ionizing Radiation Registry (Pub. L. 99–576) ............................................ 952

Regulations for Standards of Performance in Laboratories (Pub. L.

102–139) ..................................................................................................... 954
Page

VIII

Related Provisions of Law—Continued

Provisions from Veterans’ Health Care Eligibility Reform Act of 1996,

Section 334(b) (Pub. L. 104–262) ............................................................. 955

Pilot Programs Relating to Long-Term Care (Pub. L. 106–117) ............... 956

Pilot Program Relating to Assisted Living (Pub. L. 106–117) .................. 957

Specialized Mental Health Services (Pub. L. 106–117) ............................. 958

Chiropractic Treatment (Pub. L. 106–117) ................................................. 959

National Center on War-Related Illnesses and Post-Deployment Health

Issues (Pub. L. 105–368) ........................................................................... 960

Department of Veterans Affairs/Department of Defense Sharing:

Expanded Sharing Between DVA and DOD (Pub. L. 102–585) ................ 962

Access to Care for TRICARE–Eligible Military Retirees ........................... 965

Findings and Sense of Congress Concerning Use of Military Histories

of Veterans In Department of Veterans Affairs Health Care (Pub.

L. 106–419) ................................................................................................ 968

Review of Dose Reconstruction Program of the Defense Threat Reduction Agency (Pub.L. 106–419) ................................................................... 969

Sense of Congress Concerning Cooperation Between The Department

of Veterans Affairs And The Department of Defense in The Procurement of Medical Items (Pub. L. 106–419) ............................................... 970

Persian Gulf War Veterans:

Persian Gulf War Veterans’ Health Status Act (Pub. L. 102–585) ........... 971

Persian Gulf War Veterans’ Benefits (Pub. L. 103–446) ........................... 977

Demonstration Projects For Treatment of Persian Gulf War Illness

(Pub. L. 105–114) ...................................................................................... 984

Improving Effectiveness of Care of Persian Gulf War Veterans (Pub. L.

105–368) ..................................................................................................... 985

Agreement with National Academy of Sciences regarding Toxic Drugs

and Illnesses Associated with the Gulf War, Section 1603–1605

(Pub. L. 105–277) ....................................................................................... 986

Vietnam Veterans:

Publication of Labor-Market Statistics Relating to Veterans Who

Served in Vietnam Theatre of Operations (Pub. L. 96–466) ................. 991

Outreach to Vietnam Veterans (Pub. L. 100–687) ..................................... 992

Study of Post Traumatic Stress Disorder in Vietnam (Pub. L. 106–

419) ............................................................................................................. 993

Agent Orange: Agreement with National Academy of Sciences (Pub. L.

102–4) ......................................................................................................... 994

Women Veterans:

Requirement to Provide for Women Veterans’ Special Health Care

Needs (Pub. L. 98–160) ............................................................................. 997

Women Veterans Health Programs (Pub. L. 102–585) .............................. 998

Acts amending title 38 ........................................................................................ 1001

Index to title 38 ..................................................................................................... 1021
(ix)

NUMBER OF PARTICIPANTS AND DEATHS IN SERVICE DURING ALL

WARS, THE KOREAN CONFLICT PERIOD, THE VIETNAM ERA, AND

THE PERSIAN GULF WAR; NUMBER OF LIVING VETERANS, AND

VETERANS AND DEPENDENTS ON COMPENSATION AND PENSION

ROLLS, MAY, 2001

American Revolution (1775–1783)

Participants ................................ 217,000

Deaths in service............................. 4,435

Last veteran died Apr.5,1869.......Age 109

Last widow died Nov.11,1906 ........Age 92

Last dependent died Apr. 25,

1911 ..................................... Age 90

War of 1812 (1812—1815)

Participants ................................ 286,730

Deaths in service............................. 2,260

Last veteran died May 13,

1905 ................................... Age 105

Last widow died June 28,

1936 .......................... Age unknown

Last dependent died Mar. 12,

1946 ..................................... Age 89

Indian Wars (Approx. 1817–1898)

Participants................................ 106,000

Deaths in service............................ 1,000

Last veteran died June 18,

1973 ................................... Age 101

Veterans and Dependents on

Compensation and Pension Rolls

Surviving spouses.................................. 1

Children ................................................. 1

Mexican War (1846–1848)

Participants .................................. 78,718

Deaths in service........................... 13,283

Last veteran died Sept. 3,

1929 ..................................... Age 98

Last widow died June. 20,

1963 ..................................... Age 89

Last dependent died Nov. 1,

1962 ..................................... Age 94

Veterans and Dependents on

Compensation and Pension Rolls

Surviving spouses.............................. 206

Children ............................................... 25

Veterans............................................... 12

Civil War (1861–1865)

(Confederate)

Participants ........................... *1,050,000

Deaths in service..................... *2 133,821

Last Confederate veteran died

Mar. 16, 1958..................... Age 112

(Union)

Participants ............................. 2,213,363

Deaths in service......................... 364,511

Last Union veteran died Aug. 2,

1956 ................................... Age 109

Veterans and Dependents on

Compensation and Pension Rolls

Surviving spouses.................................. 1

Children ............................................... 13

Spanish-American War (1898–1902)

Participants ................................ 306,760

Deaths in service............................. 2,446

Last veteran died Sept. 10,

1992 ................................... Age 106

Veterans and Dependents on

Compensation and Pension Rolls

Surviving spouses.............................. 438

Children ............................................. 264

World War I (1917–1918)

Participants ............................. 4,734,991

Deaths in service......................... 116,516

Living veterans#.............................. 2,503

Veterans and Dependents on

Compensation and Pension Rolls

Parents................................................... 1

Surviving spouses......................... 29,195

Children .......................................... 6,068

Veterans............................................. 219

World War II (Sept. 16, 1940–July 25,

1947)

Participants ......................... a 16,112,566

Deaths in service......................... 405,399

Living veterans .................... b c 5,451,378

Veterans and Dependents on

Compensation and Pension Rolls

Parents............................................ 1,639

Surviving spouses....................... 278,851

Children ........................................ 14,981

Veterans...................................... 679,426

Korean Conflict (1950–1953)

Participants ......................... a d 5,720,000

Deaths in service........................... 54,246

Living veterans................. bcei 3,913,749
(x)

NUMBER OF PARTICIPANTS AND DEATHS IN SERVICE DURING ALL

WARS, THE KOREAN CONFLICT PERIOD, THE VIETNAM ERA, AND

THE PERSIAN GULF WAR; NUMBER OF LIVING VETERANS, AND

VETERANS AND DEPENDENTS ON COMPENSATION AND PENSION

ROLLS, MAY, 2001——Continued

Korean Conflict (1950–1953)——

Continued

Veterans and Dependents on

Compensation and Pension Rolls

Parents............................................ 1,496

Surviving spouses......................... 63,579

Children .......................................... 4,110

Veterans...................................... 249,515

Vietnam Era (1964–1975)

Participants ........................... d 9,200,000

Deaths in service........................... 90,198

Living veterans................. behi 8,300,106

Veterans and Dependents on

Compensation and Pension Rolls

Parents............................................ 6,118

Surviving spouses....................... 114,514

Children ........................................ 13,465

Veterans...................................... 851,143

Persian Gulf War (1990–1991)

Participants............................ f 2,322,332

Deaths in service........................... g 1,297

Living veterans..................... h i 1,753,530

Veterans and Dependents on

Compensation and Pension Rolls

Parents............................................... 338

Surviving spouses........................... 6,261

Children .......................................... 8,508

Veterans...................................... 344,174

America’s War Totals Through May,

2001

Participants## ....................... f 42,348,460

Deaths in service....................... g 894,468

Living war veterans............... 19,421,266

Living veterans...................... 25,497,691

Total Veterans and Dependents on

Compensation and Pension Rolls

Parents ........................................ l 11,650

Surviving spouses .................... m 518,855

Children ...................................... k 57,978

Veterans ................................. j 2,659,492

#Living veterans does not include World War I veterans with military service in other eras.

##Persons who served in more than one war period are counted only once. * Authoritative statistics for Confederate forces not available. Estimated 28,000 Confederate personnel died

in Union prisons. ** Children connotes a minor or a helpless adult. a Includes 1,476,000 who served in World War II and the Korean conflict.

b Includes 217,000 who served in World War II, the Korean conflict, and the Vietnam era.

c Includes 518,000 who served in both World War II and the Korean conflict.

d Includes 887,000 served in the Korean conflict and the Vietnam era.

e Includes 303,000 who served in both the Korean conflict and the Vietnam era.

fThru end of October 1998.

gDuring fiscal years 1991 thru 1995 for Persian Gulf War.

h Includes 244,000 who served in both Persian Gulf War and the Vietnam era.

i Includes small number who served in the Persian Gulf War, Vietnam era, and the Korean conflict.

j Includes 513,644 peacetime veterans with service between January 31, 1955, and August 5, 1964; peacetime

veterans with service beginning after May 7, 1975, and all other peacetime periods; 5 World War I Retired

Emergency Officers and 1 Peacetime Special Act. k Includes 9,024 children of deceased peacetime veterans.

l Includes 2,993 parents of deceased peacetime veterans.

m Includes 37,185 surviving spouses of deceased peacetime veterans.

NOTE: Figures on the number of living veterans reflect final 1990 Census data and include only veterans

living in the U.S. Detail may not add to total due to rounding.
(xi)

TITLE 38—VETERANS’ BENEFITS

PART

I. GENERAL PROVISIONS.

II. GENERAL BENEFITS.

III. READJUSTMENT AND RELATED BENEFITS.

IV. GENERAL ADMINISTRATIVE PROVISIONS.

V. BOARDS, ADMINISTRATIONS, AND SERVICES.

VI. ACQUISITION AND DISPOSITION OF PROPERTY.

CHAPTERS OF TITLE 38

PART I—GENERAL PROVISIONS

CHAPTER

1. GENERAL.

3. DEPARTMENT OF VETERANS AFFAIRS.

5. AUTHORITY AND DUTIES OF THE SECRETARY.

7. EMPLOYEES.

9. SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE JURISDICTION OF THE DEPARTMENT.

PART II—GENERAL BENEFITS

CHAPTER

11. COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH.

13. DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS.

15. PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR

SERVICE.

17. HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE.

18. BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN WITH

SPINA BIFIDA.

19. INSURANCE.

20. BENEFITS FOR HOMELESS VETERANS.

21. SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS.

23. BURIAL BENEFITS.

24. NATIONAL CEMETERIES AND MEMORIALS.

PART III—READJUSTMENT AND RELATED BENEFITS

CHAPTER

30. ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM.

31. TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES.

32. POST–VIETNAM ERA VETERANS’ EDUCATIONAL ASSISTANCE

33. [REPEALED.]

34. VETERANS’ EDUCATIONAL ASSISTANCE.

35. SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE.

36. ADMINISTRATION OF EDUCATIONAL BENEFITS.

37. HOUSING AND SMALL BUSINESS LOANS.

39. AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES.

41. JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS.

42. EMPLOYMENT AND TRAINING OF VETERANS.
TABLE OF CHAPTERS xii

43. EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES

PART IV—GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER

51. CLAIMS, EFFECTIVE DATES, AND PAYMENTS.

53. SPECIAL PROVISIONS RELATING TO BENEFITS.

55. MINORS, INCOMPETENTS, AND OTHER WARDS.

57. RECORDS AND INVESTIGATIONS.

59. AGENTS AND ATTORNEYS.

61. PENAL AND FORFEITURE PROVISIONS.

PART V—BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER

71. BOARD OF VETERANS’ APPEALS.

72. UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.

73. VETERANS HEALTH ADMINISTRATION—ORGANIZATION AND FUNCTIONS.

74. VETERANS HEALTH ADMINISTRATION—PERSONNEL.

75. [REPEALED.]

76. HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM.

77. VETERANS BENEFITS ADMINISTRATION.

78. VETERANS’ CANTEEN SERVICE.

PART VI—ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER

81. ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILI- TIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL

PROPERTY.

82. ASSISTANCE IN ESTABLISHING NEW STATE MEDICAL SCHOOLS; GRANTS

TO AFFILIATED MEDICAL SCHOOLS; ASSISTANCE TO HEALTH MANPOWER TRAINING INSTITUTIONS.

83. ACCEPTANCE OF GIFTS AND BEQUESTS.

85. DISPOSITION OF DECEASED VETERANS’ PERSONAL PROPERTY.
(xiii)

1This table of sections of title 38, United States Code, is not part of title 38, but is included

for the convenience of the reader.

TABLE OF SECTIONS1

PART I—GENERAL PROVISIONS

CHAPTER 1—GENERAL

Sec.

101. Definitions.

102. Dependent parents.

103. Special provisions relating to marriages.

104. Approval of educational institutions.

105. Line of duty and misconduct.

106. Certain service deemed to be active service.

107. Certain service deemed not to be active service.

108. Seven-year absence presumption of death.

109. Benefits for discharged members of allied forces.

110. Preservation of disability ratings.

111. Payments or allowances for beneficiary travel.

112. Presidential memorial certificate program.

113. Treatment of certain programs under sequestration procedures.

114. Multiyear procurement.

115. Acquisition of real property.

116. Reports to Congress: cost information.

CHAPTER 3—DEPARTMENT OF VETERANS AFFAIRS

Sec.

301. Department.

302. Seal.

303. Secretary of Veterans Affairs.

304. Deputy Secretary of Veterans Affairs.

305. Under Secretary for Health.

306. Under Secretary for Benefits.

307. Under Secretary for Memorial Affairs.

308. Assistant Secretaries; Deputy Assistant Secretaries.

309. Chief Financial Officer.

310. Chief Information Officer.

311. General Counsel.

312. Inspector General.

313. Availability of appropriations.

314. Central Office.

315. Regional offices.

316. Colocation of regional offices and medical centers.

317. Center for Minority Veterans.

318. Center for Women Veterans.

319. Office of Employment Discrimination Complaint Adjudication.

CHAPTER 5—AUTHORITY AND DUTIES OF THE SECRETARY

SUBCHAPTER I—GENERAL AUTHORITIES

Sec.

501. Rules and regulations.

502. Judicial review of rules and regulations.

503. Administrative error; equitable relief.

505. Opinions of Attorney General.

510. Authority to reorganize offices.
TABLE OF SECTIONS xiv

511. Decisions of the Secretary; finality.

512. Delegation of authority; assignment of functions and duties.

513. Contracts and personal services.

515. Administrative settlement of tort claims.

516. Equal employment responsibilities.

SUBCHAPTER II—SPECIFIED FUNCTIONS

521. Assistance to certain rehabilitation activities.

522. Studies of rehabilitation of disabled persons.

523. Coordination and promotion of other programs affecting veterans and their

dependents.

525. Publication of laws relating to veterans.

527. Evaluation and data collection.

529. Annual report to Congress.

530. Annual report on program and expenditures for domestic response to weapons

of mass destruction.

531. Requirement relating to naming of Department property.

SUBCHAPTER III—ADVISORY COMMITTEES

541. Advisory Committee on Former Prisoners of War.

542. Advisory Committee on Women Veterans.

543. Advisory Committee on Prosthetics and Special-Disabilities Programs.

544. Advisory Committee on Minority Veterans.

545. Advisory Committee on the Readjustment of Veterans.

CHAPTER 7—EMPLOYEES

Sec.

701. Placement of employees in military installations.

703. Miscellaneous authorities respecting employees.

705. Telephone service for medical officers and facility directors.

707. Benefits for employees at overseas offices who are United States citizens.

709. Employment restrictions.

711. Grade reductions.

712. [REPEALED.]

CHAPTER 9—SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER

THE JURISDICTION OF THE DEPARTMENT

Sec.

901. Authority to prescribe rules for conduct and penalties for violations.

902. Enforcement and arrest authority of Department police officers.

903. Uniform allowance.

904. Equipment and weapons.

905. Use of facilities and services of other law enforcement agencies.

PART II—GENERAL BENEFITS

CHAPTER 11—COMPENSATION FOR SERVICE–CONNECTED DISABILITY OR

DEATH

SUBCHAPTER I—GENERAL

Sec.

1101. Definitions.

1102. Special provisions relating to surviving spouses.

1103. Special provisions relating to claims based upon effects of tobacco products.

1104. Cost-of-living adjustments.

SUBCHAPTER II—WARTIME DISABILITY COMPENSATION

1110. Basic entitlement.

1111. Presumption of sound condition.

1112. Presumptions relating to certain diseases and disabilities.

1113. Presumptions rebuttable.

1114. Rates of wartime disability compensation.

1115. Additional compensation for dependents.

1116. Presumptions of service connection for diseases associated with exposure to

certain herbicide agents; presumption of exposure for veterans who

served in the Republic of Vietnam.
xv TABLE OF SECTIONS

1117. Compensation for disabilities occurring in Persian Gulf War veterans.

1118. Presumptions of service connection for illnesses associated with service in

the Persian Gulf during the Persian Gulf War.

SUBCHAPTER III—WARTIME DEATH COMPENSATION

1121. Basic entitlement.

1122. Rates of wartime death compensation.

SUBCHAPTER IV—PEACETIME DISABILITY COMPENSATION

1131. Basic entitlement.

1132. Presumption of sound condition.

1133. Presumptions relating to certain diseases.

1134. Rates of peacetime disability compensation.

1135. Additional compensation for dependents.

1137. Wartime presumptions for certain veterans.

SUBCHAPTER V—PEACETIME DEATH COMPENSATION

1141. Basic entitlement.

1142. Rates of peacetime death compensation.

1143. [REPEALED.]

SUBCHAPTER VI—GENERAL COMPENSATION PROVISIONS

1151. Benefits for persons disabled by treatment or vocational rehabilitation.

1152. Persons heretofore having a compensable status.

1153. Aggravation.

1154. Consideration to be accorded time, place, and circumstances of service.

1155. Authority for schedule for rating disabilities.

1156. [REPEALED.]

1157. Combination of certain ratings.

1158. Disappearance.

1159. Protection of service connection.

1160. Special consideration for certain cases of loss of paired organs or extremities.

1161. Payment of disability compensation in disability severance cases.

1162. Clothing allowance.

1163. Trial work periods and vocational rehabilitation for certain veterans with

total disability ratings.

CHAPTER 13—DEPENDENCY AND INDEMNITY COMPENSATION FOR

SERVICE–CONNECTED DEATHS

SUBCHAPTER I—GENERAL

Sec.

1301. Definitions.

1302. Determination of pay grade.

1303. Cost-of-living adjustments.

1304. Special provisions relating to surviving spouses.

SUBCHAPTER II—DEPENDENCY AND INDEMNITY COMPENSATION

1310. Deaths entitling survivors to dependency and indemnity compensation.

1311. Dependency and indemnity compensation to a surviving spouse.

1312. Benefits in certain cases of in-service or service-connected deaths.

1313. Dependency and indemnity compensation to children.

1314. Supplemental dependency and indemnity compensation to children.

1315. Dependency and indemnity compensation to parents.

1316. Dependency and indemnity compensation in cases of prior deaths.

1317. Restriction on payments under this chapter.

1318. Benefits for survivors of certain veterans rated totally disabled at time of

death.

SUBCHAPTER III—CERTIFICATIONS

1321. Certifications with respect to pay grade.

1322. Certifications with respect to social security entitlement.

1323. Certifications with respect to circumstances of death.
TABLE OF SECTIONS xvi

CHAPTER 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY OR

DEATH OR FOR SERVICE

SUBCHAPTER I—GENERAL

Sec.

1501. Definitions.

1502. Determinations with respect to disability.

1503. Determinations with respect to annual income.

1504. Persons heretofore having a pensionable status.

1505. Payment of pension during confinement in penal institutions.

1506. Resource reports and overpayment adjustments.

1507. Disappearance.

1508. Frequency of payment of pension benefits.

SUBCHAPTER II—VETERANS’ PENSIONS

Service Pension

1510. [REPEALED.]

1511. Indian War veterans.

1512. Spanish-American War veterans.

Non-Service-Connected Disability Pension

1521. Veterans of a period of war.

1522. Net worth limitation.

1523. Combination of ratings.

1524. Vocational training for certain pension recipients.

1525. Protection of health-care eligibility.

SUBCHAPTER III—PENSIONS TO SURVIVING SPOUSES AND CHILDREN

Wars Before World War I

1531. [REPEALED.]

1532. Surviving spouses of Civil War veterans.

1533. Children of Civil War veterans.

1534. Surviving spouses of Indian War veterans.

1535. Children of Indian War veterans.

1536. Surviving spouses of Spanish-American War veterans.

1537. Children of Spanish-American War veterans.

Other Periods of War

1541. Surviving spouses of veterans of a period of war.

1542. Children of veterans of a period of war.

1543. Net worth limitation.

1544. [REPEALED.]

SUBCHAPTER IV—ARMY, NAVY, AIR FORCE, AND COAST GUARD

MEDAL OF HONOR ROLL

1560. Medal of Honor Roll; persons eligible.

1561. Certificate.

1562. Special provisions relating to pension.

CHAPTER 17—HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL

CARE

SUBCHAPTER I—GENERAL

Sec.

1701. Definitions.

1702. Presumption relating to psychosis.

1703. Contracts for hospital care and medical services in non-Department facilities.

1704. Preventive health services: annual report.

1705. Management of health care: patient enrollment system.

1706. Management of health care: other requirements.

1707. Limitations.

1708. Temporary lodging.
xvii TABLE OF SECTIONS

SUBCHAPTER II—HOSPITAL, NURSING HOME OR DOMICILIARY CARE AND MEDICAL

TREATMENT

1710. Eligibility for hospital, nursing home, and domiciliary care.

1710A. Required nursing home care.

1710B. Extended care services.

1711. Care during examinations and in emergencies.

1712. Dental care; drugs and medicines for certain disabled veterans; vaccines.

1712A. Eligibility for readjustment counseling and related mental health services.

1712B. Counseling for former prisoners of war.

1713. [REPEALED.]

1714. Fitting and training in use of prosthetic appliances; guide dogs; service dogs.

1715. Tobacco for hospitalized veterans.

1716. Hospital care by other agencies of the United States.

1717. Home health services; invalid lifts and other devices.

1718. Therapeutic and rehabilitative activities.

1719. Repair or replacement of certain prosthetic and other appliances.

1720. Transfers for nursing home care; adult day health care.

1720A. Treatment and rehabilitative services for persons with drug or alcohol dependency.

1720B. Respite care.

1720C. Noninstitutional alternatives to nursing home care.

1720D. Counseling and treatment for sexual trauma.

1720E. Nasopharyngeal radium irradiation.

SUBCHAPTER III—MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND NURSING

HOME CARE AND MEDICAL TREATMENT OF VETERANS

1721. Power to make rules and regulations.

1722. Determination of inability to defray necessary expenses; income thresholds.

1722A. Copayment for medications.

1723. Furnishing of clothing.

1724. Hospital care, medical services, and nursing home care abroad.

1725. Reimbursement for emergency treatment.

1726. Reimbursement for loss of personal effects by natural disaster.

1727. Persons eligible under prior law.

1728. Reimbursement of certain medical expenses.

1729. Recovery by the United States of the cost of certain care and services.

1729A. Department of Veterans Affairs Medical Care Collections Fund.

1729B. Health Services Improvement Fund.

1730. Community residential care.

SUBCHAPTER IV—HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN THE

REPUBLIC OF THE PHILIPPINES

1731. Assistance to the Republic of the Philippines.

1732. Contracts and grants to provide for the care and treatment of United States

veterans by the Veterans Memorial Medical Center.

1733. Supervision of program by the President.

1734. Hospital and nursing home care and medical services in the United States.

1735. Definitions.

SUBCHAPTER V—PAYMENTS TO STATE HOMES

1741. Criteria for payment.

1742. Inspections of such homes; restrictions on beneficiaries.

1743. Applications.

1744. [REPEALED.]

SUBCHAPTER VI—SICKLE CELL ANEMIA

1751. Screening, counseling, and medical treatment.

1752. Research.

1753. Voluntary participation; confidentiality.

1754. Reports.

SUBCHAPTER VII—TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY ILL

AND HOMELESS VETERANS.

1771–1774. [REPEALED.]
TABLE OF SECTIONS xviii

SUBCHAPTER VIII—HEALTH CARE OF PERSONS OTHER THAN VETERANS

1781. Medical care for survivors and dependents of certain veterans.

1782. Counseling, training, and mental health services for immediate family members.

1783. Bereavement counseling.

1784. Humanitarian care.

CHAPTER 18—BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO

ARE BORN WITH SPINA BIFIDA

Sec.

1801. [REPEALED.]

1802. Spina bifida conditions covered.

1803. Health care.

1804. Vocational training and rehabilitation.

1805. Monetary allowance.

1806. [REPEALED.]

SUBCHAPTER II—CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN

BIRTH DEFECTS

1811. Definitions.

1812. Covered birth defects.

1813. Health care.

1814. Vocational training.

1815. Monetary allowance.

1816. Regulations.

SUBCHAPTER III—GENERAL PROVISIONS

1821. Definitions.

1822. Applicability of certain administrative provisions.

1823. Treatment of receipt of monetary allowance and other benefits.

1824. Nonduplication of benefits.

CHAPTER 19—INSURANCE

SUBCHAPTER I—NATIONAL SERVICE LIFE INSURANCE

Sec.

1901. Definitions.

1902. Premium rates and policy values.

1903. Amount of insurance.

1904. Plans of insurance.

1905. Renewal.

1906. Policy provisions.

1907. Payment or use of dividends.

1908. Premium payments.

1909. Effective date of insurance.

1910. Incontestability.

1911. Forfeiture.

1912. Total disability waiver.

1913. Death before six months’ total disability.

1914. Statutory total disabilities.

1915. Total disability income provision.

1916. Insurance which matured before August 1, 1946.

1917. Insurance maturing on or after August 1, 1946.

1918. Assignments.

1919. National Service Life Insurance appropriation.

1920. National Service Life Insurance Fund.

1921. Extra hazard costs.

1922. Service disabled veterans’ insurance.

1922A. Supplemental service disabled veterans’ insurance for totally disabled veterans.

1923. Veterans’ Special Life Insurance.

1924. In-service waiver of premiums.

1925. Limited period for acquiring insurance.

1926. Authority for higher interest rates for amounts payable to beneficiaries.

1927. Authority for higher monthly installments payable to certain annuitants.

1928. Authority for payment of interest on settlements.

1929. Authority to adjust premium discount rates.
xix TABLE OF SECTIONS

SUBCHAPTER II—UNITED STATES GOVERNMENT LIFE INSURANCE

1940. Definition.

1941. Amount of insurance.

1942. Plans of insurance.

1943. Premiums.

1944. Policy provisions.

1945. Renewal.

1946. Dividends to pay premiums.

1947. Incontestability.

1948. Total disability provision.

1949. Change of beneficiary.

1950. Payment to estates.

1951. Payment of insurance.

1952. Optional settlement.

1953. Assignments.

1954. Forfeiture.

1955. United States Government Life Insurance Fund.

1956. Military and naval insurance appropriation.

1957. Extra hazard costs.

1958. Statutory total permanent disability.

1959. Waiver of disability for reinstatement.

1960. Waiver of premium payments on due date.

1961. Authority for higher interest rates for amounts payable to beneficiaries.

1962. Authority for higher monthly installments payable to certain annuitants.

1963. Authority for payment of interest on settlements.

SUBCHAPTER III—SERVICEMEN’S GROUP LIFE INSURANCE

1965. Definitions.

1966. Eligible insurance companies.

1967. Persons insured; amount.

1968. Duration and termination of coverage; conversion.

1969. Deductions; payment; investment; expenses.

1970. Beneficiaries; payment of insurance.

1971. Basic tables of premiums; readjustment of rates.

1972. Benefit certificates.

1973. Forfeiture.

1974. Advisory Council on Servicemembers’ Group Life Insurance.

1975. Jurisdiction of District Courts.

1976. Effective date.

1977. Veterans’ Group Life Insurance.

1978. Reinstatement.

1979. Incontestability.

1980. Option to receive accelerated death benefit.

SUBCHAPTER IV—GENERAL

1981. Replacement of surrendered and expired insurance.

1982. Administrative cost.

1983. Settlements for minors or incompetents.

1984. Suits on insurance.

1985. Decisions by the Secretary.

1986. Deposits in and disbursements from trust funds.

1987. Penalties.

1988. Savings provision.

CHAPTER 20—BENEFITS FOR HOMELESS VETERANS

SUBCHAPTER I—PURPOSE; DEFINITIONS; ADMINISTRATIVE MATTERS

Sec.

2001. Purpose.

2002. Definitions.

2003. Staffing requirements.

SUBCHAPTER II—COMPREHENSIVE SERVICE PROGRAMS

2011. Grants.

2012. Per diem payments.

2013. Authorization of appropriations.
TABLE OF SECTIONS xx

SUBCHAPTER III—TRAINING AND OUTREACH

2021. Homeless veterans reintegration programs.

2022. Coordination of outreach services for veterans at risk of homelessness.

2023. Demonstration program of referral and counseling for veterans transitioning

from certain institutions who are at risk for homelessness.

SUBCHAPTER IV—TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY ILL

AND HOMELESS VETERANS

2031. General treatment.

2032. Therapeutic housing.

2033. Additional services at certain locations.

2034. Coordination with other agencies and organizations.

SUBCHAPTER V—HOUSING ASSISTANCE

2041. Housing assistance for homeless veterans.

2042. Supported housing for veterans participating in compensated work therapies.

2043. Domiciliary care programs.

SUBCHAPTER VI—LOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL HOUSING

2051. General authority.

2052. Requirements.

2053. Default.

2054. Audit.

SUBCHAPTER VII—OTHER PROVISIONS

2061. Grant program for homeless veterans with special needs.

2062. Dental care.

2063. Employment assistance.

2064. Technical assistance grants for nonprofit community-based groups.

2065. Annual report on assistance to homeless veterans.

2066. Advisory Committee on Homeless Veterans.

CHAPTER 21—SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS

Sec.

2101. Veterans eligible for assistance.

2102. Limitations on assistance furnished.

2103. Furnishing of plans and specifications.

2104. Benefits additional to benefits under other laws.

2105. Nonliability of United States.

2106. Veterans’ mortgage life insurance.

CHAPTER 23—BURIAL BENEFITS

Sec.

2301. Flags.

2302. Funeral expenses.

2303. Death in Department facility; plot allowance.

2304. Claims for reimbursement.

2305. Persons eligible under prior law.

2306. Headstones, markers, and burial receptacles.

2307. Death from service-connected disability.

2308. Transportation of deceased veteran to a national cemetery.

CHAPTER 24—NATIONAL CEMETERIES AND MEMORIALS

Sec.

2400. Establishment of National Cemetery Administration; composition of Administration.

2401. Advisory Committee on Cemeteries and Memorials.

2402. Persons eligible for interment in national cemeteries.

2403. Memorial areas.

2404. Administration.

2405. Disposition of inactive cemeteries.

2406. Acquisition of lands.

2407. Authority to accept and maintain suitable memorials.

2408. Aid to States for establishment, expansion, and improvement of veterans’

cemeteries.
xxi TABLE OF SECTIONS

2409. Memorial areas in Arlington National Cemetery.

2410. Burial of cremated remains in Arlington National Cemetery.

2411. Prohibition against interment or memorialization in the National Cemetery

System or Arlington National Cemetery of persons committing Federal

or State capital crimes.

PART III—READJUSTMENT AND RELATED BENEFITS

CHAPTER 30—ALL–VOLUNTEER FORCE EDUCATIONAL ASSISTANCE

PROGRAM

SUBCHAPTER I—PURPOSES; DEFINITIONS

Sec.

3001. Purposes.

3002. Definitions.

SUBCHAPTER II—BASIC EDUCATIONAL ASSISTANCE

3011. Basic educational assistance entitlement for service on active duty.

3012. Basic educational assistance entitlement for service in the Selected Reserve.

3013. Duration of basic educational assistance.

3014. Payment of basic educational assistance.

3014A. Accelerated payment of basic educational assistance for education leading to

employment in high technology industry.

3015. Amount of basic educational assistance.

3016. Inservice enrollment in a program of education.

3017. Death benefit.

3018. Opportunity for certain active-duty personnel to withdraw election not to enroll.

3018A. Opportunity for certain active-duty personnel to enroll before being involuntarily separated from service.

3018B. Opportunity for certain persons to enroll.

3018C. Opportunity for certain VEAP participants to enroll.

3019. Tutorial assistance.

3020. Transfer of entitlement to basic educational assistance: members of the

Armed Forces with critical military skills.

SUBCHAPTER III—SUPPLEMENTAL EDUCATIONAL ASSISTANCE

3021. Supplemental educational assistance for additional service.

3022. Amount of supplemental educational assistance.

3023. Payment of supplemental educational assistance under this subchapter.

SUBCHAPTER IV—TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT;

GENERAL AND ADMINISTRATIVE PROVISIONS

3031. Time limitation for use of eligibility and entitlement.

3032. Limitations on educational assistance for certain individuals.

3033. Bar to duplication of educational assistance benefits.

3034. Program administration.

3035. Allocation of administration and of program costs.

3036. Reporting requirement.

CHAPTER 31—TRAINING AND REHABILITATION FOR VETERANS WITH

SERVICE–CONNECTED DISABILITIES

Sec.

3100. Purposes.

3101. Definitions.

3102. Basic entitlement.

3103. Periods of eligibility.

3104. Scope of services and assistance.

3105. Duration of rehabilitation programs.

3106. Initial and extended evaluations; determinations regarding serious employment handicap.

3107. Individualized vocational rehabilitation plan.

3108. Allowances.

3109. Entitlement to independent living services and assistance.

3110. Leaves of absence.

3111. Regulations to promote satisfactory conduct and cooperation.
TABLE OF SECTIONS xxii

3112. Revolving fund loans.

3113. Vocational rehabilitation for hospitalized members of the Armed Forces and

veterans.

3114. Vocational rehabilitation outside the United States.

3115. Rehabilitation resources.

3116. Promotion of employment and training opportunities.

3117. Employment assistance.

3118. Personnel training, development, and qualifications.

3119. Rehabilitation research and special projects.

3120. Program of independent living services and assistance.

3121. Veterans’ Advisory Committee on Rehabilitation.

CHAPTER 32—POST–VIETNAM ERA VETERANS’ EDUCATIONAL ASSISTANCE

SUBCHAPTER I—PURPOSE; DEFINITIONS

Sec

3201. Purpose.

3202. Definitions.

SUBCHAPTER II—ELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND

3221. Eligibility.

3222. Contributions; matching fund.

3223. Refunds of contributions upon disenrollment.

3224. Death of participant.

3225. Discharge or release under conditions which would bar the use of benefits.

SUBCHAPTER III—ENTITLEMENT; DURATION

3231. Entitlement; loan eligibility.

3232. Duration; limitations.

3233. Apprenticeship or other on-job training.

3234. Tutorial assistance.

SUBCHAPTER IV—ADMINISTRATION

3241. Requirements.

3242. [REPEALED.]

3243. Deposits; reports.

CHAPTER 34—VETERANS’ EDUCATIONAL ASSISTANCE

SUBCHAPTER I—PURPOSE; DEFINITIONS

Sec.

3451. Purpose.

3452. Definitions.

SUBCHAPTER II—ELIGIBILITY AND ENTITLEMENT

3461. Eligibility; entitlement; duration.

3462. Time limitations for completing a program of education.

3463. [REPEALED.]

SUBCHAPTER III—ENROLLMENT

3470. Selection of program.

3471. Applications; approval.

3473. [REPEALED.]

3474. Discontinuance for unsatisfactory conduct or progress.

3475. [REPEALED.]

3476. Education outside the United States.

3477. [REPEALED.]

3478. [REPEALED.]

SUBCHAPTER IV—PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT SERVICES

3481. Educational assistance allowance.

3482. Computation of educational assistance allowances.

3482A. [REPEALED.]

3483. Approval of courses.

3484. Apprenticeship or other on-job training; correspondence courses.

3485. Work-study allowance.
xxiii TABLE OF SECTIONS

3486. [REPEALED.]

3487. [REPEALED.]

SUBCHAPTER V—SPECIAL ASSISTANCE FOR THE EDUCATIONALLY DISADVANTAGED

3490. Purpose.

3491. Elementary and secondary education and preparatory educational assistance.

3492. Tutorial assistance.

3493. Effect on educational entitlement.

SUBCHAPTER VI—[REPEALED]

3495–3498. [REPEALED.]

CHAPTER 35—SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE

SUBCHAPTER I—DEFINITIONS

Sec.

3500. Purpose.

3501. Definitions.

SUBCHAPTER II—ELIGIBILITY AND ENTITLEMENT

3510. Eligibility and entitlement generally.

3511. Duration of educational assistance.

3512. Periods of eligibility.

3513. Application.

3514. Processing of applications.

SUBCHAPTER III—PROGRAM OF EDUCATION

3520. Educational and vocational counseling.

3521. Approval of application.

3522. [REPEALED.]

3523. Disapproval of enrollment in certain courses.

3524. Discontinuance for unsatisfactory progress.

3525. [REPEALED.]

3526. [REPEALED.]

SUBCHAPTER IV—PAYMENTS TO ELIGIBLE PERSONS

3531. Educational assistance allowance.

3532. Computation of educational assistance allowance.

3533. Special assistance for the educationally disadvantaged.

3534. Apprenticeship or other on-job training; correspondence courses.

3535. Approval of courses.

3536. Specialized vocational training courses.

3537. Work-study allowance.

3538. [REPEALED.]

SUBCHAPTER V—SPECIAL RESTORATIVE TRAINING

3540. Purpose.

3541. Entitlement to special restorative training.

3542. Special training allowance.

3543. Special administrative provisions.

SUBCHAPTER VI—MISCELLANEOUS PROVISIONS

3561. Authority and duties of Secretary.

3562. Nonduplication of benefits.

3563. Notification of eligibility.

3564. Annual adjustment of amounts of educational assistance.

SUBCHAPTER VII—PHILIPPINE COMMONWEALTH ARMY AND PHILIPPINE SCOUTS

3565. Children of certain Philippine veterans.

3566. Definitions.

CHAPTER 36—ADMINISTRATION OF EDUCATIONAL BENEFITS

SUBCHAPTER I—STATE APPROVING AGENCIES

Sec.
TABLE OF SECTIONS xxiv

3670. Scope of approval.

3671. Designation.

3672. Approval of courses.

3673. Cooperation.

3674. Reimbursement of expenses.

3674A. Evaluations of agency performance; qualifications and performance of agency

personnel.

3675. Approval of accredited courses.

3676. Approval of nonaccredited courses.

3677. Approval of training on the job.

3678. Notice of approval of courses.

3679. Disapproval of courses.

3680. Payment of educational assistance or subsistence allowances.

3680A. Disapproval of enrollment in certain courses.

SUBCHAPTER II—MISCELLANEOUS PROVISIONS

3681. Limitations on educational assistance.

3682. Control by agencies of the United States.

3683. Conflicting interests.

3684. Reports by veterans, eligible persons, and institutions; reporting fee.

3684A. Procedures relating to computer matching program.

3685. Overpayments to eligible persons or veterans.

3686. Correspondence courses.

3687. Apprenticeship or other on-job training.

3688. Measurement of courses.

3689. Approval requirements for licensing and certification testing.

3690. Overcharges by educational institutions; discontinuance of allowances; examination of records; false or misleading statements.

3691. Change of program.

3692. Advisory committee.

3693. Compliance surveys.

3694. Use of other Federal agencies.

3695. Limitation on period of assistance under two or more programs.

3696. Limitation on certain advertising, sales, and enrollment practices.

3697. Funding of contract educational and vocational counseling.

3697A. Educational and vocational counseling.

SUBCHAPTER III—EDUCATION LOANS

3698. Eligibility for loans; amount and conditions of loans; interest rate on loans.

3699. Revolving fund; insurance.

CHAPTER 37—HOUSING AND SMALL BUSINESS LOANS

SUBCHAPTER I—GENERAL

Sec.

3701. Definitions.

3702. Basic entitlement.

3703. Basic provisions relating to loan guaranty and insurance.

3704. Restrictions on loans.

3705. Warranties.

3706. Escrow of deposits and downpayments.

3707. Adjustable rate mortgages.

3708. Authority to buy down interest rates: pilot program.

SUBCHAPTER II—LOANS

3710. Purchase or construction of homes.

3711. Direct loans to veterans.

3712. Loans to purchase manufactured homes and lots.

3713. Release from liability under guaranty.

3714. Assumptions; release from liability.

3718. [REPEALED.]

SUBCHAPTER III—ADMINISTRATIVE PROVISIONS

3720. Powers of Secretary.

3721. Incontestability.

3722. Veterans Housing Benefit Program Fund.

3723–3725. [REPEALED.]
xxv TABLE OF SECTIONS

3726. Withholding of payments, benefits, etc.

3727. Expenditures to correct or compensate for structural defects in mortgaged

homes.

3728. Exemption from State anti-usury provisions.

3729. Loan fee.

3730. Use of attorneys in court.

3731. Appraisals.

3732. Procedure on default.

3733. Property management.

3734. Annual submission of information on the Veterans Housing Benefit Program

Fund and housing programs.

3735. [REPEALED.]

3736. Reporting requirements.

SUBCHAPTER IV—SMALL BUSINESS LOANS

3741. Definitions.

3742. Small business loan program.

3743. Liability on loans.

3744. Approval of loans by the Secretary.

3745. Interest on loans.

3746. Maturity of loans.

3747. Eligible financial institutions.

3748. Preference for disabled veterans.

3749. Revolving fund.

3750. Incorporation of other provisions by the Secretary.

3751. Termination of program.

SUBCHAPTER V—NATIVE AMERICAN VETERAN HOUSING LOAN PILOT PROGRAM

3761. Pilot program.

3762. Direct housing loans to Native American veterans.

3763. Native American Veteran Housing Loan Program Account.

3764. Definitions.

SUBCHAPTER VI—[REPEALED.]

3771–3775. [REPEALED.]

CHAPTER 39—AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN

DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES

Sec.

3901. Definitions.

3902. Assistance for providing automobile and adaptive equipment.

3903. Limitations on assistance; special training courses.

3904. Research and development.

CHAPTER 41—JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE

FOR VETERANS

Sec.

4100. Findings.

4101. Definitions.

4102. Purpose.

4102A. Assistant Secretary of Labor for Veterans’ Employment and Training; Regional Administrators.

4103. Directors and Assistant Directors for Veterans’ Employment and Training.

4103A. Disabled veterans’ outreach program.

4104. Local veterans’ employment representatives.

4104A. Performance of disabled veterans’ outreach program specialists and local veterans’ employment representatives.

4105. Cooperation of Federal agencies.

4106. Estimate of funds for administration; authorization of appropriations.

4107. Administrative controls; annual report.

4108. Cooperation and coordination.

4109. National Veterans’ Employment and Training Services Institute.

4110. Advisory Committee on Veterans’ Employment and Training.

4110A. Special unemployment study.

4110B. Coordination and nonduplication.

4111. [REPEALED.]
TABLE OF SECTIONS xxvi

CHAPTER 42—EMPLOYMENT AND TRAINING OF VETERANS

Sec.

4211. Definitions.

4212. Veterans’ employment emphasis under Federal contracts.

4213. Eligibility requirements for veterans under Federal employment and training programs.

4214. Employment within the Federal Government.

CHAPTER 43—EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS

OF THE UNIFORMED SERVICES

SUBCHAPTER I—GENERAL

Sec.

4301. Purposes; sense of Congress.

4302. Relation to other law and plans or agreements.

4303. Definitions.

4304. Character of service.

SUBCHAPTER II—EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS;

PROHIBITIONS

4311. Discrimination against persons who serve in the uniformed services and acts

of reprisal prohibited.

4312. Reemployment rights of persons who serve in the uniformed services.

4313. Reemployment positions.

4314. Reemployment by the Federal Government.

4315. Reemployment by certain Federal agencies.

4316. Rights, benefits, and obligations of persons absent from employment for service in a uniformed service.

4317. Health plans.

4318. Employee pension benefit plans.

4319. Employment and reemployment rights in foreign countries.

SUBCHAPTER III—PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND INVESTIGATION

4321. Assistance in obtaining reemployment or other employment rights or benefits.

4322. Enforcement of employment or reemployment rights.

4323. Enforcement of rights with respect to a State or private employer.

4324. Enforcement of rights with respect to Federal executive agencies.

4325. Enforcement of rights with respect to certain Federal agencies.

4326. Conduct of investigation; subpoenas.

SUBCHAPTER IV—MISCELLANEOUS PROVISIONS

4331. Regulations.

4332. Reports.

4333. Outreach.

PART IV—GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51—CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER I—CLAIMS

Sec.

5100. Definition of ‘‘claimant’’.

5101. Claims and forms.

5102. Application forms furnished upon request; notice to claimants of incomplete

applications.

5103. Notice to claimants of required information and evidence.

5103A. Duty to assist claimants.

5104. Decisions and notices of decisions.

5105. Joint applications for social security and dependency and indemnity compensation.

5106. Furnishing of information by other agencies.

5107. Claimant responsibility; benefit of the doubt.

5108. Reopening disallowed claims.

5109. Independent medical opinions.

5109A. Revision of decisions on grounds of clear and unmistakable error.
xxvii TABLE OF SECTIONS

SUBCHAPTER II—EFFECTIVE DATES

5110. Effective dates of awards.

5111. Commencement of period of payment.

5112. Effective dates of reductions and discontinuances.

5113. Effective dates of educational benefits.

SUBCHAPTER III—PAYMENT OF BENEFITS

5120. Payment of benefits; delivery.

5121. Payment of certain accrued benefits upon death of beneficiary.

5122. Cancellation of checks mailed to deceased payees.

5123. Rounding down of pension rates.

5124. Acceptance of claimant’s statement as proof of relationship.

5125. Acceptance of reports of private physician examinations.

CHAPTER 53—SPECIAL PROVISIONS RELATING TO BENEFITS

Sec.

5301. Nonassignability and exempt status of benefits.

5302. Waiver of recovery of claims by the United States.

5303. Certain bars to benefits.

5303A. Minimum active-duty service requirement.

5304. Prohibition against duplication of benefits.

5305. Waiver of retired pay.

5306. Renouncement of right to benefits.

5307. Apportionment of benefits.

5308. Withholding benefits of persons in territory of the enemy.

5309. Payment of certain withheld benefits.

5310. Payment of benefits for month of death.

5311. Prohibition of certain benefit payments.

5312. Annual adjustment of certain benefit rates.

5313. Limitation on payment of compensation and dependency and indemnity compensation to persons incarcerated for conviction of a felony.

5313A. Limitation on payment of clothing allowance to incarcerated veterans.

5313B. Prohibition on providing certain benefits with respect to persons who are fugitive felons.

5314. Indebtedness offsets.

5315. Interest and administrative cost charges on delinquent payments of certain

amounts due the United States.

5316. Authority to sue to collect certain debts.

5317. Use of income information from other agencies: notice and verification.

5318. Review of Department of Health and Human Services death information.

5319. Limitations on access to financial records.

CHAPTER 55—MINORS, INCOMPETENTS, AND OTHER WARDS

Sec.

5501. Commitment actions.

5502. Payments to and supervision of fiduciaries.

5503. Hospitalized veterans and estates of incompetent institutionalized veterans.

5504. Administration of trust funds.

5505. [REPEALED.]

CHAPTER 57—RECORDS AND INVESTIGATIONS

SUBCHAPTER I—RECORDS

Sec.

5701. Confidential nature of claims.

5702. Furnishing of records.

5703. Certification of records of District of Columbia.

5704. Transcript of trial records.

5705. Confidentiality of medical quality-assurance records.

SUBCHAPTER II—INVESTIGATIONS

5711. Authority to issue subpoenas.

5712. Validity of affidavits.

5713. Disobedience to subpoena.
TABLE OF SECTIONS xxviii

CHAPTER 59—AGENTS AND ATTORNEYS

Sec.

5901. Prohibition against acting as claims agent or attorney.

5902. Recognition of representatives of organizations.

5903. Recognition with respect to particular claims.

5904. Recognition of agents and attorneys generally.

5905. Penalty for certain acts.

CHAPTER 61—PENAL AND FORFEITURE PROVISIONS

Sec.

6101. Misappropriation by fiduciaries.

6102. Fraudulent acceptance of payments.

6103. Forfeiture for fraud.

6104. Forfeiture for treason.

6105. Forfeiture for subversive activities.

PART V—BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 71—BOARD OF VETERANS’ APPEALS

Sec.

7101. Composition of Board of Veterans’ Appeals.

7101A. Members of Board: appointment; pay; performance review.

7102. Assignment of members of Board.

7103. Reconsideration; correction of obvious errors.

7104. Jurisdiction of the Board.

7105. Filing of notice of disagreement and appeal.

7105A. Simultaneously contested claims.

7106. Administrative appeals.

7107. Appeals: dockets; hearings.

7108. Rejection of applications.

7109. Independent medical opinions.

7110. [REPEALED.]

7111. Revision of decisions on grounds of clear and unmistakable error.

CHAPTER 72—UNITED STATES COURT OF APPEALS FOR VETERANS

CLAIMS

SUBCHAPTER I—ORGANIZATION AND JURISDICTION

Sec.

7251. Status.

7252. Jurisdiction; finality of decisions.

7253. Composition.

7254. Organization.

7255. Offices.

7256. Times and places of sessions.

7257. Recall of retired judges.

SUBCHAPTER II—PROCEDURE

7261. Scope of review.

7262. Fee for filing appeals.

7263. Representation of parties; fee agreements.

7264. Rules of practice and procedure.

7265. Contempt authority; assistance to the Court.

7266. Notice of appeal.

7267. Decisions.

7268. Availability of proceedings.

7269. Publication of decisions.

SUBCHAPTER III—MISCELLANEOUS PROVISIONS

7281. Employees.

7282. Budget and expenditures.

7283. Disposition of fees.

7284. Fee for transcript of record.

7285. Practice fee.

7286. Judicial Conference of the Court.

7287. Administration.
xxix TABLE OF SECTIONS

SUBCHAPTER IV—DECISIONS AND REVIEW

7291. Date when Court decision becomes final.

7292. Review by United States Court of Appeals for the Federal Circuit.

SUBCHAPTER V—RETIREMENT AND SURVIVORS ANNUITIES

7296. Retirement of judges.

7297. Survivor annuities.

7298. Retirement Fund.

CHAPTER 73—VETERANS HEALTH ADMINISTRATION—ORGANIZATION AND

FUNCTIONS

SUBCHAPTER I—ORGANIZATION

Sec.

7301. Functions of Veterans Health Administration: in general.

7302. Functions of Veterans Health Administration: health-care personnel education and training programs.

7303. Functions of Veterans Health Administration: research programs.

7304. Regulations.

7305. Divisions of Veterans Health Administration.

7306. Office of the Under Secretary for Health.

SUBCHAPTER II—GENERAL AUTHORITY AND ADMINISTRATION

7311. Quality assurance.

7312. Special medical advisory group.

7313. Advisory committees: affiliated institutions.

7314. Geriatric research, education, and clinical centers.

7315. Geriatrics and Gerontology Advisory Committee.

7316. Malpractice and negligence suits: defense by United States.

7317. Hazardous research projects: indemnification of contractors.

7318. National Center for Preventive Health.

7319. Mammography quality standards.

7320. Centers for mental illness research, education, and clinical activities.

7321. Committee on Care of Severely Chronically Mentally Ill Veterans.

7322. Breast cancer mammography policy.

7323. Required consultations with nurses.

7324. Annual report on use of authorities to enhance retention of experienced

nurses.

SUBCHAPTER III—PROTECTION OF PATIENT RIGHTS

7331. Informed consent.

7332. Confidentiality of certain medical records.

7333. Nondiscrimination against alcohol and drug abusers and persons infected

with the human immunodeficiency virus.

7334. Regulations.

SUBCHAPTER IV—RESEARCH CORPORATIONS

7361. Authority to establish; status.

7362. Purpose of corporations.

7363. Board of directors; executive director.

7364. General powers.

7365. Applicable State law.

7366. Accountability and oversight.

7367. [REPEALED.]

7368. Expiration of authority.

CHAPTER 74—VETERANS HEALTH ADMINISTRATION—PERSONNEL

SUBCHAPTER I—APPOINTMENTS

Sec.

7401. Appointments in Veterans Health Administration.

7402. Qualifications of appointees.

7403. Period of appointments; promotions.

7404. Grades and pay scales.

7405. Temporary full-time appointments, part-time appointments, and withoutcompensation appointments.
TABLE OF SECTIONS xxx

7406. Residencies and internships.

7407. Administrative provisions for section 7405 and 7406 appointments.

7408. Appointment of additional employees.

7409. Contracts for scarce medical specialist services.

7410. Additional pay authorities.

7411. Full-time board-certified physicians and dentists: reimbursement of continuing professional education expenses.

SUBCHAPTER II—COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION

7421. Personnel administration: in general.

7422. Collective bargaining.

7423. Personnel administration: full-time employees.

7424. Travel expenses of certain employees.

7425. Employees: laws not applicable.

7426. Retirement rights.

SUBCHAPTER III—SPECIAL PAY FOR PHYSICIANS AND DENTISTS

7431. Special pay: authority.

7432. Special pay: written agreements.

7433. Special pay: full-time physicians.

7434. Special pay: part-time physicians.

7435. Special pay: full-time dentists.

7436. Special pay: part-time dentists.

7437. Special pay: general provisions.

7438. Special pay: coordination with other benefits laws.

7439. Periodic review of pay of physicians and dentists; quadrennial report.

7440. Annual report.

SUBCHAPTER IV—PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL

7451. Nurses and other health-care personnel: competitive pay.

7452. Nurses and other health-care personnel: administration of pay.

7453. Nurses: additional pay.

7454. Physician assistants and other health care professionals: additional pay.

7455. Increases in rates of basic pay.

7456. Nurses: special rules for weekend duty.

7457. On-call pay.

7458. Recruitment and retention bonus pay.

SUBCHAPTER V—DISCIPLINARY AND GRIEVANCE PROCEDURES

7461. Adverse actions: section 7401(1) employees.

7462. Major adverse actions involving professional conduct or competence.

7463. Other adverse actions.

7464. Disciplinary Appeals Boards.

SUBCHAPTER VI—REGIONAL MEDICAL EDUCATION CENTERS

7471. Designation of Regional Medical Education Centers.

7472. Supervision and staffing of Centers.

7473. Personnel eligible for training.

7474. Consultation.

CHAPTER 76—HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE

PROGRAM

SUBCHAPTER I—GENERAL

Sec.

7601. Establishment of program; purpose.

7602. Eligibility.

7603. Application and acceptance.

7604. Terms of agreement.

SUBCHAPTER II—SCHOLARSHIP PROGRAM

7611. Authority for program.

7612. Eligibility; application; agreement.

7613. Scholarship.

7614. Part-time students.

7615. Status of participants.
xxxi TABLE OF SECTIONS

7616. Obligated service.

7617. Breach of agreement: liability.

7618. Expiration of program.

SUBCHAPTER III—TUITION REIMBURSEMENT PROGRAM

7621. Authority for program.

7622. Eligibility; application; agreement.

7623. Obligated service.

7624. Breach of agreement: liability.

7625. Allocation and distribution of funding.

SUBCHAPTER IV—ADMINISTRATIVE MATTERS

7631. Periodic adjustments in amount of assistance.

7632. Annual report.

7633. Regulations.

7634. Breach of agreement; waiver of liability.

7635. Service in other agencies.

7636. Exemption of educational assistance payments from taxation.

SUBCHAPTER V—STIPEND PROGRAM FOR MEMBERS OF THE SELECTED RESERVE

7651. Authority for program.

7652. Eligibility: individuals entitled to benefits under the GI Bill program for

members of the Selected Reserve.

7653. Amount of assistance.

7654. Obligated service.

7655. Breach of agreement; liability.

SUBCHAPTER VI—EMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM

7671. Authority for program.

7672. Eligibility; agreement.

7673. Scholarship.

7674. Obligated service.

7675. Breach of agreement: liability.

7676. [REPEALED.]

SUBCHAPTER VII—EDUCATION DEBT REDUCTION PROGRAM

7681. Authority for program.

7682. Eligibility.

7683. Education debt reduction.

7684. [REPEALED.]

CHAPTER 77—VETERANS BENEFITS ADMINISTRATION

SUBCHAPTER I—ORGANIZATION; GENERAL

Sec.

7701. Organization of the Administration.

7703. Functions of the Administration.

SUBCHAPTER II—VETERANS OUTREACH SERVICES PROGRAM

7721. Purpose; definitions.

7722. Outreach services.

7723. Veterans assistance offices.

7724. Outstationing of counseling and outreach personnel.

7725. Use of other agencies.

7726. Annual report to Congress.

7727. Outreach for eligible dependents.

SUBCHAPTER III—QUALITY ASSURANCE

7731. Establishment.

7732. Functions.

7733. Personnel.

7734. Annual report to Congress.

CHAPTER 78—VETERANS’ CANTEEN SERVICE

Sec.

7801. Purpose of Veterans’ Canteen Service.
TABLE OF SECTIONS xxxii

7802. Duties of Secretary with respect to Service.

7803. Operation of Service.

7804. Financing of Service.

7805. Revolving fund.

7806. Budget of Service.

7807. Audit of accounts.

7808. Service to be independent unit.

7809. Child-care centers.

7810. Exemption from personnel ceilings.

PART VI—ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81—ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED–USE

LEASES OF REAL PROPERTY

SUBCHAPTER I—ACQUISITION AND OPERATION OF MEDICAL FACILITIES

Sec.

8101. Definitions.

8102. Acquisition of medical facilities.

8103. Authority to construct and alter, and to acquire sites for, medical facilities.

8104. Congressional approval of certain medical facility acquisitions.

8105. Structural requirements.

8106. Construction contracts.

8107. Operational and construction plans for medical facilities.

8108. Contributions to local authorities.

8109. Parking facilities.

8110. Operation of medical facilities.

8111. Sharing of Department and Department of Defense health-care resources.

8111A. Furnishing of health-care services to members of the Armed Forces during

a war or national emergency.

8112. Partial relinquishment of legislative jurisdiction.

8113. Property formerly owned by National Home for Disabled Volunteer Soldiers.

8114. Use of federally owned facilities; use of personnel.

8115. Acceptance of certain property.

8116. Nursing home revolving fund.

SUBCHAPTER II—PROCUREMENT AND SUPPLY

8121. Revolving supply fund.

8122. Authority to procure and dispose of property and to negotiate for common

services.

8123. Procurement of prosthetic appliances.

8124. Grant of easements in Government-owned lands.

8125. Procurement of health-care items.

8126. Limitation on prices of drugs procured by Department and certain other Federal agencies.

SUBCHAPTER III—STATE HOME FACILITIES FOR FURNISHING DOMICILIARY, NURSING

HOME, AND HOSPITAL CARE

8131. Definitions.

8132. Declaration of purpose.

8133. Authorization of appropriations.

8134. General regulations.

8135. Applications with respect to projects; payments.

8136. Recapture provisions.

8137. State control of operations.

SUBCHAPTER IV—SHARING OF MEDICAL FACILITIES, EQUIPMENT, AND INFORMATION

8151. Statement of congressional purpose.

8152. Definitions.

8153. Sharing of health-care resources.

8154. Exchange of medical information.

8155. Pilot programs; grants to medical schools.

8156. Coordination with health services development activities carried out under

the National Health Planning and Resources Development Act of 1974.

8157. Joint title to medical equipment.

8158. Deposit in escrow.
xxxiii TABLE OF SECTIONS

SUBCHAPTER V—ENHANCED-USE LEASES OF REAL PROPERTY

8161. Definitions.

8162. Enhanced-use leases.

8163. Designation of property to be leased.

8164. Authority for disposition of leased property.

8165. Use of proceeds.

8166. Construction standards.

8167. Exemption from State and local taxes.

8168. [REPEALED.]

8169. Expiration.

CHAPTER 82—ASSISTANCE IN ESTABLISHING NEW STATE MEDICAL

SCHOOLS; GRANTS TO AFFILIATED MEDICAL SCHOOLS; ASSISTANCE TO

HEALTH MANPOWER TRAINING INSTITUTIONS

Sec.

8201. Coordination with public health programs; administration.

SUBCHAPTER I—PILOT PROGRAM FOR ASSISTANCE IN THE ESTABLISHMENT OF NEW

STATE MEDICAL SCHOOLS

8211. Declaration of purpose.

8212. Authorization of appropriations.

8213. Pilot program assistance.

8214. Limitations.

SUBCHAPTER II—GRANTS TO AFFILIATED MEDICAL SCHOOLS

8221. Declaration of purpose.

8222. Authorization of appropriations.

8223. Grants.

SUBCHAPTER III—ASSISTANCE TO PUBLIC AND NONPROFIT INSTITUTIONS OF HIGHER

LEARNING, HOSPITALS AND OTHER HEALTH MANPOWER INSTITUTIONS AFFILIATED

WITH THE DEPARTMENT TO INCREASE THE PRODUCTION OF PROFESSIONAL AND

OTHER HEALTH PERSONNEL

8231. Declaration of purpose.

8232. Definition.

8233. Grants.

SUBCHAPTER IV—EXPANSION OF DEPARTMENT HOSPITAL EDUCATION AND TRAINING

CAPACITY

8241. Expenditures to remodel and make special allocations to Department hospitals for health manpower education and training.

CHAPTER 83—ACCEPTANCE OF GIFTS AND BEQUESTS

Sec.

8301. Authority to accept gifts, devises, and bequests.

8302. Legal proceedings.

8303. Restricted gifts.

8304. Disposition of property.

8305. Savings provision.

CHAPTER 85—DISPOSITION OF DECEASED VETERANS’ PERSONAL

PROPERTY

SUBCHAPTER I—PROPERTY LEFT ON DEPARTMENT FACILITY

Sec.

8501. Vesting of property left by decedents.

8502. Disposition of unclaimed personal property.

8503. Notice of provisions of this subchapter.

8504. Disposition of other unclaimed property.

8505. Sale or other disposition of property.

8506. Notice of sale.

8507. Payment of small shipping charges.

8508. Relinquishment of Federal jurisdiction.

8509. Definitions.

8510. Finality of decisions.
TABLE OF SECTIONS xxxiv

SUBCHAPTER II—DEATH WHILE INMATE OF DEPARTMENT FACILITY

8520. Vesting of property left by decedents.

8521. Presumption of contract for disposition of personalty.

8522. Sale of assets accruing to the Fund.

8523. Disbursements from the Fund.

8524. Disposal of remaining assets.

8525. Court actions.

8526. Filing of claims for assets.

8527. Notice of provisions of subchapter.

8528. Investment of the Fund.
TITLE 38, UNITED STATES CODE—VETERANS’ BENEFITS

(3)

TITLE 38—VETERANS’ BENEFITS

(5)

Part

Sec.

I. General Provisions .......................................................... 101

II. General Benefits ............................................................. 1101

III. Readjustment and Related Benefits .............................. 3001

IV. General Administrative Provisions ............................... 5101

V. Boards, Administrations, and Services ......................... 7101

VI. Acquisition and Disposition of Property ....................... 8101

(7)

PART I—GENERAL PROVISIONS

CHAPTER Sec.

1. General ............................................................................ 101

3. Department of Veterans Affairs .................................... 301

5. Authority and Duties of the Secretary .......................... 501

7. Employees ........................................................................ 701

9. Security and Law Enforcement on Property Under

the Jurisdiction of the Department ........................... 901

PART II—GENERAL BENEFITS

11. Compensation for Service-Connected Disability or

Death ............................................................................ 1101

13. Dependency and Indemnity Compensation for Service-Connected Deaths .................................................. 1301

15. Pension for Non-Service-Connected Disability or

Death or for Service .................................................... 1501

17. Hospital, Nursing Home, Domiciliary, and Medical

Care .............................................................................. 1701

18. Benefits for Children of Vietnam Veterans .................. 1802

19. Insurance ......................................................................... 1901

20. Benefits for Homeless Veterans ..................................... 2001

21. Specially Adapted Housing for Disabled Veterans ....... 2101

23. Burial Benefits ................................................................ 2301

24. National Cemeteries and Memorials ............................. 2400

PART III—READJUSTMENT AND RELATED BENEFITS

30. All-Volunteer Force Educational Assistance Program 3001

31. Training and Rehabilitation for Veterans with Service-Connected Disabilities ........................................... 3100

32. Post-Vietnam Era Veterans’ Educational Assistance .. 3201

33. [Repealed.]

34. Veterans’ Educational Assistance .................................. 3451

35. Survivors’ and Dependents’ Educational Assistance ... 3500

36. Administration of Educational Benefits ........................ 3670

37. Housing and Small Business Loans .............................. 3701

39. Automobiles and Adaptive Equipment for Certain

Disabled Veterans and Members of the Armed

Forces ........................................................................... 3901

41. Job Counseling, Training, and Placement Service for

Veterans ....................................................................... 4100

42. Employment and Training of Veterans ......................... 4211

43. Employment and reemployment rights of members of

the uniformed services ................................................ 4301
INDEX OF PARTS 8

PART IV—GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER Sec.

51. Claims, Effective Dates, and Payments ........................ 5101

53. Special Provisions Relating to Benefits ........................ 5301

55. Minors, Incompetents, and Other Wards ...................... 5501

57. Records and Investigations ............................................ 5701

59. Agents and Attorneys ..................................................... 5901

61. Penal and Forfeiture Provisions .................................... 6101

PART V—BOARDS, ADMINISTRATIONS, AND SERVICES

71. Board of Veterans’ Appeals ............................................ 7101

72. United States Court of Appeals for Veterans Claims 7251

73. Veterans Health Administration—Organization and

Functions ..................................................................... 7301

74. Veterans Health Administration—Personnel ............... 7401

75. [Repealed.]

76. Health Professionals Educational Assistance Program 7601

77. Veterans Benefits Administration ................................. 7701

78. Veterans’ Canteen Service ............................................. 7801

PART VI—ACQUISITION AND DISPOSITION OF

PROPERTY

81. Acquisition and Operation of Hospital and Domiciliary Facilities; Procurement and Supply; Enhanced-Use Leases of Real Property ......................... 8101

82. Assistance in Establishing New State Medical

Schools; Grants to Affiliated Medical Schools; Assistance to Health Manpower Training Institutions 8201

83. Acceptance of Gifts and Bequests .................................. 8301

85. Disposition of Deceased Veterans’ Personal Property 8501
(9)

PART I—GENERAL PROVISIONS

CHAPTER Sec.

1. General ............................................................................ 101

3. Department of Veterans Affairs .................................... 301

5. Authority and Duties of the Secretary .......................... 501

7. Employees ........................................................................ 701

9. Security and Law Enforcement on Property Under

the Jurisdiction of the Department ........................... 901

(11)

CHAPTER 1—GENERAL

Sec.

101. Definitions.

102. Dependent parents.

103. Special provisions relating to marriages.

104. Approval of educational institutions.

105. Line of duty and misconduct.

106. Certain service deemed to be active service.

107. Certain service deemed not to be active service.

108. Seven-year absence presumption of death.

109. Benefits for discharged members of allied forces.

110. Preservation of disability ratings.

111. Payments or allowances for beneficiary travel.

112. Presidential memorial certificate program.

113. Treatment of certain programs under sequestration procedures.

114. Multiyear procurement.

115. Acquisition of real property.

116. Reports to Congress: cost information.

§ 101. Definitions

For the purposes of this title—

(1) The terms ‘‘Secretary’’ and ‘‘Department’’ mean the Secretary

of Veterans Affairs and the Department of Veterans Affairs, respectively.

(2) The term ‘‘veteran’’ means a person who served in the active

military, naval, or air service, and who was discharged or released

therefrom under conditions other than dishonorable.

(3) The term ‘‘surviving spouse’’ means (except for purposes of

chapter 19 of this title) a person of the opposite sex who was the

spouse of a veteran at the time of the veteran’s death, and who

lived with the veteran continuously from the date of marriage to

the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried

or (in cases not involving remarriage) has not since the death of

the veteran, and after September 19, 1962, lived with another person and held himself or herself out openly to the public to be the

spouse of such other person.

(4)(A) The term ‘‘child’’ means (except for purposes of chapter 19

of this title (other than with respect to a child who is an insurable

dependent under section 1965(10)(B) of such chapter) and section

8502(b) of this title) a person who is unmarried and—

(i) who is under the age of eighteen years;

(ii) who, before attaining the age of eighteen years, became

permanently incapable of self-support; or

(iii) who, after attaining the age of eighteen years and until

completion of education or training (but not after attaining the

age of twenty-three years), is pursuing a course of instruction

at an approved educational institution;
§ 101 CH. 1—GENERAL 12

and who is a legitimate child, a legally adopted child, a stepchild

who is a member of a veteran’s household or was a member at the

time of the veteran’s death, or an illegitimate child but, as to the

alleged father, only if acknowledged in writing signed by him, or

if he has been judicially ordered to contribute to the child’s support

or has been, before his death, judicially decreed to be the father of

such child, or if he is otherwise shown by evidence satisfactory to

the Secretary to be the father of such child. A person shall be

deemed, as of the date of death of a veteran, to be the legally

adopted child of such veteran if such person was at the time of the

veteran’s death living in the veteran’s household and was legally

adopted by the veteran’s surviving spouse before August 26, 1961,

or within two years after the veteran’s death; however, this sentence shall not apply if at the time of the veteran’s death, such person was receiving regular contributions toward the person’s support from some individual other than the veteran or the veteran’s

spouse, or from any public or private welfare organization which

furnishes services or assistance for children. A person with respect

to whom an interlocutory decree of adoption has been issued by an

appropriate adoption authority shall be recognized thereafter as a

legally adopted child, unless and until that decree is rescinded, if

the child remains in the custody of the adopting parent or parents

during the interlocutory period. A person who has been placed for

adoption under an agreement entered into by the adopting parent

or parents with any agency authorized under law to so act shall be

recognized thereafter as a legally adopted child, unless and until

such agreement is terminated, if the child remains in the custody

of the adopting parent or parents during the period of placement

for adoption under such agreement. A person described in clause

(ii) of the first sentence of this subparagraph who was a member

of a veteran’s household at the time the person became 18 years

of age and who is adopted by the veteran shall be recognized as a

legally adopted child of the veteran regardless of the age of such

person at the time of adoption.

(B) For the purposes of subparagraph (A) of this paragraph, in

the case of an adoption under the laws of any jurisdiction other

than a State (as defined in section 101(20) of this title and including the Commonwealth of the Northern Marina Islands)— (i) a person residing outside any of the States shall not be

considered to be a legally adopted child of a veteran during the

lifetime of such veteran (including for purposes of this subparagraph a Commonwealth Army veteran or new Philippines

Scout, as defined in section 3566 of this title) unless such

person—

(I) was less than eighteen years of age at the time of

adoption;

(II) is receiving one-half or more of such person’s annual

support from such veteran;

(III) is not in the custody of such person’s natural parent, unless such natural parent is such veteran’s spouse;

and

(IV) is residing with such veteran (or in the case of divorce following adoption, with the divorced spouse who is

also an adoptive or natural parent) except for periods dur-
13 CH. 1—GENERAL § 101

ing which such person is residing apart from such veteran

(or such divorced spouse) for purposes of full-time attendance at an educational institution or during which such

person or such veteran (or such divorced spouse) is confined in a hospital, nursing home, other health-care facility, or other institution; and

(ii) a person shall not be considered to have been a legally

adopted child of a veteran as of the date of such veteran’s

death and thereafter unless—

(I) at any time within the one-year period immediately

preceding such veteran’s death, such veteran was entitled

to and was receiving a dependent’s allowance or similar

monetary benefit under this title for such person; or

(II) for a period of at least one year prior to such veteran’s death, such person met the requirements of clause

(i) of this subparagraph.

(5) The term ‘‘parent’’ means (except for purposes of chapter 19

of this title) a father, a mother, a father through adoption, a mother through adoption, or an individual who for a period of not less

than one year stood in the relationship of a parent to a veteran at

any time before the veteran’s entry into active military, naval, or

air service or if two persons stood in the relationship of a father

or a mother for one year or more, the person who last stood in the

relationship of father or mother before the veteran’s last entry into

active military, naval, or air service.

(6) The term ‘‘Spanish-American War’’ (A) means the period beginning on April 21, 1898, and ending on July 4, 1902, (B) includes

the Philippines Insurrection and the Boxer Rebellion, and (C) in

the case of a veteran who served with the United States military

forces engaged in hostilities in the Moro Province, means the period beginning on April 21, 1898, and ending on July 15, 1903.

(7) The term ‘‘World War I’’ (A) means the period beginning on

April 6, 1917, and ending on November 11, 1918, and (B) in the

case of a veteran who served with the United States military forces

in Russia, means the period beginning on April 6, 1917, and ending

on April 1, 1920.

(8) The term ‘‘World War II’’ means (except for purposes of chapters 31 and 37 of this title) the period beginning on December 7,

1941, and ending on December 31, 1946.

(9) The term ‘‘Korean conflict’’ means the period beginning on

June 27, 1950, and ending on January 31, 1955.

(10) The term ‘‘Armed Forces’’ means the United States Army,

Navy, Marine Corps, Air Force, and Coast Guard, including the reserve components thereof.

(11) The term ‘‘period of war’’ means the Spanish-American War,

the Mexican border period, World War I, World War II, the Korean

conflict, the Vietnam era, the Persian Gulf War, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress.

(12) The term ‘‘veteran of any war’’ means any veteran who

served in the active military, naval, or air service during a period

of war.
§ 101 CH. 1—GENERAL 14

(13) The term ‘‘compensation’’ means a monthly payment made

by the Secretary to a veteran because of service-connected disability, or to a surviving spouse, child, or parent of a veteran because of the service-connected death of the veteran occurring before

January 1, 1957.

(14) The term ‘‘dependency and indemnity compensation’’ means

a monthly payment made by the Secretary to a surviving spouse,

child, or parent (A) because of a service-connected death occurring

after December 31, 1956, or (B) pursuant to the election of a surviving spouse, child, or parent, in the case of such a death occurring before January 1, 1957.

(15) The term ‘‘pension’’ means a monthly or other periodic payment made by the Secretary to a veteran because of service, age,

or non-service-connected disability, or to a surviving spouse or child

of a veteran because of the non-service-connected death of the veteran.

(16) The term ‘‘service-connected’’ means, with respect to disability or death, that such disability was incurred or aggravated,

or that the death resulted from a disability incurred or aggravated,

in line of duty in the active military, naval, or air service.

(17) The term ‘‘non-service-connected’’ means, with respect to disability or death, that such disability was not incurred or aggravated, or that the death did not result from a disability incurred

or aggravated, in line of duty in the active military, naval, or air

service.

(18) The term ‘‘discharge or release’’ includes (A) retirement from

the active military, naval, or air service, and (B) the satisfactory

completion of the period of active military, naval, or air service for

which a person was obligated at the time of entry into such service

in the case of a person who, due to enlistment or reenlistment, was

not awarded a discharge or release from such period of service at

the time of such completion thereof and who, at such time, would

otherwise have been eligible for the award of a discharge or release

under conditions other than dishonorable.

(19) The term ‘‘State home’’ means a home established by a State

(other than a possession) for veterans disabled by age, disease, or

otherwise who by reason of such disability are incapable of earning

a living. Such term also includes such a home which furnishes

nursing home care for veterans.

(20) The term ‘‘State’’ means each of the several States, Territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. For the purpose of section 2303 and chapters 34 and 35 of this title, such term also includes the Canal Zone.

(21) The term ‘‘active duty’’ means—

(A) full-time duty in the Armed Forces, other than active

duty for training;

(B) full-time duty (other than for training purposes) as a

commissioned officer of the Regular or Reserve Corps of the

Public Health Service (i) on or after July 29, 1945, or (ii) before

that date under circumstances affording entitlement to ‘‘full

military benefits’’ or (iii) at any time, for the purposes of chapter 13 of this title;
15 CH. 1—GENERAL § 101

(C) full-time duty as a commissioned officer of the National

Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey (i) on or after July

29, 1945, or (ii) before that date (I) while on transfer to one of

the Armed Forces, or (II) while, in time of war or national

emergency declared by the President, assigned to duty on a

project for one of the Armed Forces in an area determined by

the Secretary of Defense to be of immediate military hazard,

or (III) in the Philippine Islands on December 7, 1941, and continuously in such islands thereafter, or (iii) at any time, for the

purposes of chapter 13 of this title;

(D) service as a cadet at the United States Military, Air

Force, or Coast Guard Academy, or as a midshipman at the

United States Naval Academy; and

(E) authorized travel to or from such duty or service.

(22) The term ‘‘active duty for training’’ means— (A) full-time duty in the Armed Forces performed by Reserves for training purposes;

(B) full-time duty for training purposes performed as a commissioned officer of the Reserve Corps of the Public Health

Service (i) on or after July 29, 1945, or (ii) before that date

under circumstances affording entitlement to ‘‘full military

benefits’’, or (iii) at any time, for the purposes of chapter 13 of

this title;

(C) in the case of members of the Army National Guard or

Air National Guard of any State, full-time duty under section

316, 502, 503, 504, or 505 of title 32, or the prior corresponding

provisions of law;

(D) duty performed by a member of a Senior Reserve Officers’ Training Corps program when ordered to such duty for

the purpose of training or a practice cruise under chapter 103

of title 10 for a period of not less than four weeks and which

must be completed by the member before the member is commissioned; and

(E) authorized travel to or from such duty.

The term does not include duty performed as a temporary member of the Coast Guard Reserve.

(23) The term ‘‘inactive duty training’’ means— (A) duty (other than full-time duty) prescribed for Reserves

(including commissioned officers of the Reserve Corps of the

Public Health Service) by the Secretary concerned under section 206 of title 37 or any other provision of law;

(B) special additional duties authorized for Reserves (including commissioned officers of the Reserve Corps of the Public

Health Service) by an authority designated by the Secretary

concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities

of the units to which they are assigned; and

(C) training (other than active duty for training) by a member of, or applicant for membership (as defined in section

8140(g) of title 5) in, the Senior Reserve Officers’ Training

Corps prescribed under chapter 103 of title 10.

In the case of a member of the Army National Guard or Air National Guard of any State, such term means duty (other than full-
§ 101 CH. 1—GENERAL 16

time duty) under sections 316, 502, 503, 504, or 505 of title 32, or

the prior corresponding provisions of law. Such term does not include (i) work or study performed in connection with correspondence courses, (ii) attendance at an educational institution in an inactive status, or (iii) duty performed as a temporary member of the

Coast Guard Reserve.

(24) The term ‘‘active military, naval, or air service’’ includes—

(A) active duty;

(B) any period of active duty for training during which the

individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty; and

(C) any period of inactive duty training during which the individual concerned was disabled or died—

(i) from an injury incurred or aggravated in line of duty;

or

(ii) from an acute myocardial infarction, a cardiac arrest,

or a cerebrovascular accident occurring during such training.

(25) The term ‘‘Secretary concerned’’ means—

(A) the Secretary of the Army, with respect to matters concerning the Army;

(B) the Secretary of the Navy, with respect to matters concerning the Navy or the Marine Corps;

(C) the Secretary of the Air Force, with respect to matters

concerning the Air Force;

(D) the Secretary of Transportation, with respect to matters

concerning the Coast Guard;

(E) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service; and

(F) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration

or its predecessor organization the Coast and Geodetic Survey.

(26) The term ‘‘Reserve’’ means a member of a reserve component

of one of the Armed Forces.

(27) The term ‘‘reserve component’’ means, with respect to the

Armed Forces—

(A) the Army Reserve;

(B) the Naval Reserve;

(C) the Marine Corps Reserve;

(D) the Air Force Reserve;

(E) the Coast Guard Reserve;

(F) the Army National Guard of the United States; and

(G) the Air National Guard of the United States.

(28) The term ‘‘nursing home care’’ means the accommodation of

convalescents or other persons who are not acutely ill and not in

need of hospital care, but who require nursing care and related

medical services, if such nursing care and medical services are prescribed by, or are performed under the general direction of, persons

duly licensed to provide such care. Such term includes services furnished in skilled nursing care facilities, in intermediate care facilities, and in combined facilities. It does not include domiciliary care.

(29) The term ‘Vietnam era’ means the following:
17 CH. 1—GENERAL § 102

(A) The period beginning on February 28, 1961, and ending

on May 7, 1975, in the case of a veteran who served in the Republic of Vietnam during that period.

(B) The period beginning on August 5, 1964, and ending on

May 7, 1975, in all other cases.

(30) The term ‘‘Mexican border period’’ means the period beginning on May 9, 1916, and ending on April 5, 1917, in the case of

a veteran who during such period served in Mexico, on the borders

thereof, or in the waters adjacent thereto.

(31) The term ‘‘spouse’’ means a person of the opposite sex who

is a wife or husband.

(32) The term ‘‘former prisoner of war’’ means a person who,

while serving in the active military, naval or air service, was forcibly detained or interned in line of duty—

(A) by an enemy government or its agents, or a hostile force,

during a period of war; or

(B) by a foreign government or its agents, or a hostile force,

under circumstances which the Secretary finds to have been

comparable to the circumstances under which persons have

generally been forcibly detained or interned by enemy governments during periods of war.

(33) The term ‘‘Persian Gulf War’’ means the period beginning on

August 2, 1990, and ending on the date thereafter prescribed by

Presidential proclamation or by law.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1106; P.L. 86–195, Aug. 25, 1959, 73 Stat. 424;

P.L. 87–674, § 1, Sept. 19, 1962, 76 Stat. 558; P.L. 87–815, § 3, Oct. 15, 1962, 76

Stat. 927; P.L. 88–450, § 4(c), (d), Aug. 19, 1964, 78 Stat. 504; P.L. 89–311, § 2(c)(1),

Oct. 31, 1965, 79 Stat. 1155; P.L. 89–358, § 4(d), Mar. 3, 1966, 80 Stat. 24; P.L. 90–

77, § 201, Aug. 31, 1967, 81 Stat. 181; P.L. 91–24, §§ 1(a), (b), 16, June 11, 1969,

83 Stat. 33, 35; P.L. 91–262, § 1, May 21, 1970, 84 Stat. 256; P.L. 91–588, § 9(a),

(b), Dec. 24, 1970, 84 Stat. 1584; P.L. 91–621, § 6(a)(1), (2), Dec. 31, 1970, 84 Stat.

1864; P.L. 92–198, § 5(a), Dec. 15, 1971, 85 Stat. 664; P.L. 92–540, § 407, Oct. 24,

1972, 86 Stat. 1092; P.L. 94–169, § 101(1), Dec. 23, 1975, 89 Stat. 1013; P.L. 94–

417, § 1(b), Sept. 21, 1976, 90 Stat. 1277; P.L. 95–126, § 3, Oct. 8, 1977, 91 Stat.

1108; P.L. 95–202, § 309(a), Nov. 23, 1977, 91 Stat. 1446; P.L. 95–588, § 301, Nov.

4, 1978, 92 Stat. 2506; P.L. 96–22, § 401, June 13, 1979, 93 Stat. 62; P.L. 97–37,

§ 3(a), Aug. 14, 1981, 95 Stat. 936; P.L. 97–295, § 4(2), (95)(A), Oct. 12, 1982, 96

Stat. 1304, 1313; P.L. 97–306, § 113(a), Oct. 14, 1982, 96 Stat. 1432; P.L. 98–223,

§ 201, Mar. 2, 1984, 98 Stat. 41; P.L. 99–576, § 702(1), Oct. 28, 1986, 100 Stat. 3301;

P.L. 100–322, §§ 103(a), 311, May 20, 1988, 102 Stat. 493, 534; P.L. 100–456,

§ 633(c), Sept. 29, 1988, 102 Stat. 1987; P.L. 101–237, § 2(a), Dec. 18, 1989, 103 Stat.

2062; P.L. 102–25, § 332, Apr. 6, 1991, 105 Stat. 88; P.L. 102–40, § 402(d)(1), May

7, 1991, 105 Stat. 239; P.L. 102–54, § 14(a)(1), June 13, 1991, 105 Stat. 282; P.L.

102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L.

103–446, § 1201(a)(1), Nov. 2, 1994, 108 Stat. 4682; P.L. 104–106, § 2822(a), Feb. 10,

1996, 110 Stat. 556; P.L. 104–275, § 505(a), Oct. 9, 1996, 110 Stat. 3342; P.L. 106–

419, § 301(a), Nov. 1, 2000, 114 Stat. 1852; P.L. 107–14, § 4(a)(2), June 5, 2001, 115

Stat. 26.)

§ 102. Dependent parents

(a) Dependency of a parent, which may arise before or after the

death of a veteran, shall be determined in accordance with regulations prescribed by the Secretary.

(b) Dependency of a parent shall not be denied (1) solely because

of remarriage, or (2) in any case in any State where the monthly

income for a mother or father does not exceed minimum levels

which the Secretary shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional
§ 103 CH. 1—GENERAL 18

members of the family whom the mother or father is under a moral

or legal obligation to support.

(c) For the purposes of this section, in determining monthly income the Secretary shall not consider any payments under laws administered by the Secretary because of disability or death or payments of bonus or similar cash gratuity by any State based upon

service in the Armed Forces.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1109; P.L. 89–358, § 4(e), (f), Mar. 3, 1966, 80

Stat. 24; P.L. 92–540, § 408, Oct. 24, 1972, 86 Stat. 1092; P.L. 94–432, § 402, Sept.

30, 1976, 90 Stat. 1372; P.L. 99–576, § 701(1), Oct. 28, 1986, 100 Stat. 3289; P.L.

102–54, § 14(a)(2), June 13, 1991, 105 Stat. 282; P.L. 102–83, § 4(a)(1), (b)(1), (2)(E),

Aug. 6, 1991, 105 Stat. 403–405.)

§ 103. Special provisions relating to marriages

(a) Whenever, in the consideration of any claim filed by a person

as the widow or widower of a veteran for gratuitous death benefits

under laws administered by the Secretary, it is established by evidence satisfactory to the Secretary that such person, without

knowledge of any legal impediment, entered into a marriage with

such veteran which, but for a legal impediment, would have been

valid, and thereafter cohabited with the veteran for one year or

more immediately before the veteran’s death, or for any period of

time if a child was born of the purported marriage or was born to

them before such marriage, the purported marriage shall be

deemed to be a valid marriage, but only if no claim has been filed

by a legal widow or widower of such veteran who is found to be

entitled to such benefits. No duplicate payments shall be made by

virtue of this subsection.

(b) Where a surviving spouse has been legally married to a veteran more than once, the date of original marriage will be used in

determining whether the statutory requirement as to date of marriage has been met.

(c) In determining whether or not a person is or was the spouse

of a veteran, their marriage shall be proven as valid for the purposes of all laws administered by the Secretary according to the

law of the place where the parties resided at the time of the marriage or the law of the place where the parties resided when the

right to benefits accrued.

(d)(1) The remarriage of the surviving spouse of a veteran shall

not bar the furnishing of benefits to such person as the surviving

spouse of the veteran if the remarriage is void, or has been annulled by a court with basic authority to render annulment decrees

unless the Secretary determines that the annulment was secured

through fraud by either party or collusion.

(2) The remarriage of the surviving spouse of a veteran shall not

bar the furnishing of benefits specified in paragraph (5) to such

person as the surviving spouse of the veteran if the remarriage has

been terminated by death or divorce unless the Secretary determines that the divorce was secured through fraud or collusion.

(3) If the surviving spouse of a veteran ceases living with another

person and holding himself or herself out openly to the public as

that person’s spouse, the bar to granting that person benefits as

the surviving spouse of the veteran shall not apply in the case of

the benefits specified in paragraph (5).
19 CH. 1—GENERAL § 105

(4) The first month of eligibility for benefits for a surviving

spouse by reason of this subsection shall be the month after—

(A) the month of the termination of such remarriage, in the

case of a surviving spouse described in paragraph (2); or

(B) the month of the cessation described in paragraph (3), in

the case of a surviving spouse described in that paragraph.

(5) Paragraphs (2) and (3) apply with respect to benefits under

the following provisions of this title:

(A) Section 1311, relating to dependency and indemnity compensation.

(B) Section 1781, relating to medical care for survivors and

dependents of certain veterans.

(C) Chapter 35, relating to educational assistance.

(D) Chapter 37, relating to housing loans.

(e) The marriage of a child of a veteran shall not bar recognition

of such child as the child of the veteran for benefit purposes if the

marriage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Secretary determines that the annulment was secured through fraud by either

party or collusion.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1109; P.L. 87–674, § 2, Sept. 19, 1962, 76 Stat.

558; P.L. 90–77, § 101(b), Aug. 31, 1967, 81 Stat. 178; P.L. 91–376, § 4, Aug. 12,

1970, 84 Stat. 789; P.L. 93–527, § 9(a), Dec. 21, 1974, 88 Stat. 1705; P.L. 99–576,

§ 701(2), Oct. 28, 1986, 100 Stat. 3290; P.L. 101–508, § 8004(a), Nov. 5, 1990, 104

Stat. 1388–343; P.L. 102–83, § 4(a)(1), (2)(A)(i), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.

403–405; P.L. 106–117, § 502(a), Nov. 30, 1999, 113 Stat. 1574; P.L. 107–135,

§ 208(e)(1), Jan. 23, 2002, 115 Stat. 2463.)

§ 104. Approval of educational institutions

(a) For the purpose of determining whether or not benefits are

payable under this title (except chapter 35 of this title) for a child

over the age of eighteen years and under the age of twenty-three

years who is attending a school, college, academy, seminary, technical institute, university, or other educational institution, the Secretary may approve or disapprove such educational institutions.

(b) The Secretary may not approve an educational institution

under this section unless such institution has agreed to report to

the Secretary the termination of attendance of any child. If any

educational institution fails to report any such termination promptly, the approval of the Secretary shall be withdrawn.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1110; P.L. 91–24, § 1(c), June 11, 1969, 83 Stat.

33; P.L. 99–576, § 701(3), Oct. 28, 1986, 100 Stat. 3290; P.L. 102–83, § 4(b)(1), (2)(E),

Aug. 6, 1991, 105 Stat. 404, 405.)

§ 105. Line of duty and misconduct

(a) An injury or disease incurred during active military, naval, or

air service will be deemed to have been incurred in line of duty and

not the result of the veteran’s own misconduct when the person on

whose account benefits are claimed was, at the time the injury was

suffered or disease contracted, in active military, naval, or air service, whether on active duty or on authorized leave, unless such injury or disease was a result of the person’s own willful misconduct

or abuse of alcohol or drugs. Venereal disease shall not be presumed to be due to willful misconduct if the person in service com-
§ 106 CH. 1—GENERAL 20

plies with the regulations of the appropriate service department requiring the person to report and receive treatment for such disease.

(b) The requirement for line of duty will not be met if it appears

that at the time the injury was suffered or disease contracted the

person on whose account benefits are claimed (1) was avoiding duty

by deserting the service or by absenting himself or herself without

leave materially interfering with the performance of military duties; (2) was confined under sentence of court-martial involving an

unremitted dishonorable discharge; or (3) was confined under sentence of a civil court for a felony (as determined under the laws of

the jurisdiction where the person was convicted by such court).

(c) For the purposes of any provision relating to the extension of

a delimiting period under any education-benefit or rehabilitation

program administered by the Secretary, the disabling effects of

chronic alcoholism shall not be considered to be the result of willful

misconduct.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1110; P.L. 99–576, § 701(4), Oct. 28, 1986, 100

Stat. 3290; P.L. 100–689, § 109, Nov. 18, 1988, 102 Stat. 4170; P.L. 101–508,

§ 8052(a)(1), Nov. 5, 1990, 104 Stat. 1388–351; P.L. 102–83, § 4(a)(1), Aug. 6, 1991,

105 Stat. 403.)

§ 106. Certain service deemed to be active service

(a)(1) Service as a member of the Women’s Army Auxiliary Corps

for ninety days or more by any woman who before October 1, 1943,

was honorably discharged for disability incurred or aggravated in

line of duty which rendered her physically unfit to perform further

service in the Women’s Army Auxiliary Corps or the Women’s

Army Corps shall be considered active duty for the purposes of all

laws administered by the Secretary.

(2) Any person entitled to compensation or pension by reason of

this subsection and to employees’ compensation based upon the

same service under subchapter I of chapter 81 of title 5 must elect

which benefit she will receive.

(b) Any person—

(1) who has applied for enlistment or enrollment in the active military, naval, or air service and has been provisionally

accepted and directed or ordered to report to a place for final

acceptance into such service; or

(2) who has been selected or drafted for service in the Armed

Forces and has reported pursuant to the call of the person’s

local draft board and before rejection; or

(3) who has been called into the Federal service as a member

of the National Guard, but has not been enrolled for the Federal service; and

who has suffered an injury or contracted a disease in line of duty

while en route to or from, or at, a place for final acceptance or

entry upon active duty, will, for the purposes of chapters 11, 13,

19, 21, 31, and 39 of this title, and for purposes of determining

service-connection of a disability under chapter 17 of this title, be

considered to have been on active duty and to have incurred such

disability in the active military, naval, or air service.

(c) For the purposes of this title, an individual discharged or released from a period of active duty shall be deemed to have continued on active duty during the period of time immediately following
21 CH. 1—GENERAL § 107

the date of such discharge or release from such duty determined by

the Secretary concerned to have been required for that individual

to proceed to that individual’s home by the most direct route, and

in any event that individual shall be deemed to have continued on

active duty until midnight of the date of such discharge or release.

(d)(1) For the purposes of this title, any individual—

(A) who, when authorized or required by competent authority, assumes an obligation to perform active duty for training

or inactive duty training; and

(B) who is disabled or dies from an injury or covered disease

incurred while proceeding directly to or returning directly from

such active duty for training or inactive duty training, as the

case may be;

shall be deemed to have been on active duty for training or inactive

duty training, as the case may be, at the time such injury or covered disease was incurred.

(2) In determining whether or not such individual was so authorized or required to perform such duty, and whether or not such individual was disabled or died from injury or covered disease so incurred, the Secretary shall take into account the hour on which

such individual began so to proceed or to return; the hour on which

such individual was scheduled to arrive for, or on which such individual ceased to perform, such duty; the method of travel employed; the itinerary; the manner in which the travel was performed; and the immediate cause of disability or death.

(3) Whenever any claim is filed alleging that the claimant is entitled to benefits by reason of this subsection, the burden of proof

shall be on the claimant.

(4) For purposes of this subsection, the term ‘‘covered disease’’

means any of the following:

(A) Acute myocardial infarction.

(B) A cardiac arrest.

(C) A cerebrovascular accident.

(e) Each person who has incurred a disability as a result of an

injury or disease described in subsection (b) shall be entitled to the

same rights, privileges, and benefits under title 5 as a preference

eligible described in section 2108(3)(C) of title 5.

(f) Service as a member of the Alaska Territorial Guard during

World War II of any individual who was honorably discharged

therefrom under section 8147 of the Department of Defense Appropriations Act, 2001, shall be considered active duty for purposes of

all laws administered by the Secretary.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1110; P.L. 87–102, § 1, July 21, 1961, 75 Stat.

219; P.L. 88–616, Oct. 2, 1964, 78 Stat. 994; P.L. 89–311, § 5, Oct. 31, 1965, 79 Stat.

1156; P.L. 97–295, § 4(3), Oct. 12, 1982, 96 Stat. 1305; P.L. 99–576, § 701(5), Oct.

28, 1986, 100 Stat. 3291; P.L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.

403–405; P.L. 106–259, § 8147(a), Aug. 9, 2000, 114 Stat. 705; P.L. 106–419,

§ 301(b), Nov. 1, 2000, 114 Stat. 1852.)

§ 107. Certain service deemed not to be active service

(a) Service before July 1, 1946, in the organized military forces

of the Government of the Commonwealth of the Philippines, while

such forces were in the service of the Armed Forces of the United

States pursuant to the military order of the President dated
§ 107 CH. 1—GENERAL 22

July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific

Area, or other competent authority in the Army of the United

States, shall not be deemed to have been active military, naval, or

air service for the purposes of any law of the United States conferring rights, privileges, or benefits upon any person by reason of the

service of such person or the service of any other person in the

Armed Forces, except benefits under—

(1) contracts of National Service Life Insurance entered into

before February 18, 1946;

(2) chapter 10 of title 37; and

(3) chapters 11, 13 (except section 1312(a)), 23, and 24 (to

the extent provided for in section 2402(8)) of this title.

Except as provided in subsection (c) or (d), payments under such

chapters shall be made at a rate of $0.50 for each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying such annual income

shall apply at a rate of $0.50 for each dollar. Any payments made

before February 18, 1946, to any such member under such laws

conferring rights, benefits, or privileges shall not be deemed to

have been invalid by reason of the circumstance that such member’s service was not service in the Armed Forces or any component

thereof within the meaning of any such law.

(b) Service in the Philippine Scouts under section 14 of the

Armed Forces Voluntary Recruitment Act of 1945 shall not be

deemed to have been active military, naval, or air service for the

purposes of any of the laws administered by the Secretary except—

(1) with respect to contracts of National Service Life Insurance entered into (A) before May 27, 1946, (B) under section

620 or 621 of the National Service Life Insurance Act of 1940,

or (C) under section 1922 of this title; and

(2) chapters 11 and 13 (except section 1312(a)) of this title.

Payments under such chapters shall be made at a rate of $0.50 for

each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying

such annual income shall apply at a rate of $0.50 for each dollar.

(c) In the case of benefits under subchapters II and IV of chapter

11 of this title paid by reason of service described in subsection (a)

to an individual residing in the United States who is a citizen of,

or an alien lawfully admitted for permanent residence in, the

United States, the second sentence of subsection (a) shall not

apply.

(d)(1) With respect to benefits under chapter 23 of this title, in

the case of an individual described in paragraph (2), the second

sentence of subsection (a) shall not apply.

(2) Paragraph (1) applies to any individual whose service is described in subsection (a) and who dies after the date of the enactment of this subsection if the individual, on the individual’s date

of death—

(A) is a citizen of, or an alien lawfully admitted for permanent residence in, the United States;

(B) is residing in the United States; and
23 CH. 1—GENERAL § 109

(C) either—

(i) is receiving compensation under chapter 11 of this

title; or

(ii) if the individual’s service had been deemed to be active military, naval, or air service, would have been paid

pension under section 1521 of this title without denial or

discontinuance by reason of section 1522 of this title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1111; P.L. 87–268, § 1(b), Sept. 21, 1961, 75

Stat. 566; P.L. 89–641, § 2(a), Oct. 11, 1966, 80 Stat. 885; P.L. 97–295, § 4(4), Oct.

12, 1982, 96 Stat. 1305; P.L. 99–576, § 701(6), Oct. 28, 1986, 100 Stat. 3291; P.L.

102–83, §§ 4(a)(1), 5(c)(1), Aug. 6, 1991, 105 Stat. 403, 406; P.L. 103–446, § 507(a),

Nov. 2, 1994, 108 Stat. 4664; P.L. 106–377, § 1(a)(1) [§ 501(a)(1)], Oct. 27, 2000, 114

Stat. 1441, 1441A–55; P.L. 106–419, §§ 331(b), 332(a), Nov. 1, 2000, 114 Stat. 1856;

P.L. 107–14, § 8(a)(1), June 5, 2001, 115 Stat. 34.)

§ 108. Seven-year absence presumption of death

(a) No State law providing for presumption of death shall be applicable to claims for benefits under laws administered by the

Secretary.

(b) If evidence satisfactory to the Secretary is submitted establishing the continued and unexplained absence of any individual

from that individual’s home and family for seven or more years,

and establishing that after diligent search no evidence of that individual’s existence after the date of disappearance has been found

or received, the death of such individual as of the date of the expiration of such period shall be considered as sufficiently proved.

(c) Except in a suit brought pursuant to section 1984 of this title,

the finding of death made by the Secretary shall be final and

conclusive.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1112; P.L. 99–576, § 701(7), Oct. 28, 1986, 100

Stat. 3291; P.L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–

406.)

§ 109. Benefits for discharged members of allied forces

(a)(1) In consideration of reciprocal services extended to the

United States, the Secretary, upon request of the proper officials of

the government of any nation allied or associated with the United

States in World War I (except any nation which was an enemy of

the United States during World War II), or in World War II, may

furnish to discharged members of the armed forces of such government, under agreements requiring reimbursement in cash of expenses so incurred, at such rates and under such regulations as the

Secretary may prescribe, medical, surgical, and dental treatment,

hospital care, transportation and traveling expenses, prosthetic appliances, education, training, or similar benefits authorized by the

laws of such nation for its veterans, and services required in extending such benefits. Hospitalization in a Department facility

shall not be afforded under this section, except in emergencies, unless there are available beds surplus to the needs of veterans of

this country. The Secretary may also pay the court costs and other

expenses incident to the proceedings taken for the commitment of

such discharged members who are mentally incompetent to institutions for the care or treatment of the insane.
§ 110 CH. 1—GENERAL 24

(2) The Secretary, in carrying out the provisions of this subsection, may contract for necessary services in private, State, and

other Government hospitals.

(3) All amounts received by the Department as reimbursement

for such services shall be credited to the current appropriation of

the Department from which expenditures were made under this

subsection.

(b) Persons who served in the active service in the armed forces

of any government allied with the United States in World War II

and who at time of entrance into such active service were citizens

of the United States shall, by virtue of such service, and if otherwise qualified, be entitled to the benefits of chapters 31 and 37 of

this title in the same manner and to the same extent as veterans

of World War II are entitled. No such benefit shall be extended to

any person who is not a resident of the United States at the time

of filing claim, or to any person who has applied for and received

the same or any similar benefit from the government in whose

armed forces such person served.

(c)(1) Any person who served during World War I or World War

II as a member of any armed force of the Government of

Czechoslovakia or Poland and participated while so serving in

armed conflict with an enemy of the United States and has been

a citizen of the United States for at least ten years shall, by virtue

of such service, and upon satisfactory evidence thereof, be entitled

to hospital and domiciliary care and medical services within the

United States under chapter 17 of this title to the same extent as

if such service had been performed in the Armed Forces of the

United States unless such person is entitled to, or would, upon application thereof, be entitled to, payment for equivalent care and

services under a program established by the foreign government

concerned for persons who served in its armed forces in World War

I or World War II.

(2) In order to assist the Secretary in making a determination of

proper service eligibility under this subsection, each applicant for

the benefits thereof shall furnish an authenticated certification

from the French Ministry of Defense or the British War Office as

to records in either such Office which clearly indicate military service of the applicant in the Czechoslovakian or Polish armed forces

and subsequent service in or with the armed forces of France or

Great Britain during the period of World War I or World War II.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1112; P.L. 94–491, Oct. 14, 1976, 90 Stat. 2363;

P.L. 99–576, § 701(8), Oct. 28, 1986, 100 Stat. 3291; P.L. 102–83, § 4(a)(3), (4), (b)(1),

(2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 110. Preservation of disability ratings

A rating of total disability or permanent total disability which

has been made for compensation, pension, or insurance purposes

under laws administered by the Secretary, and which has been continuously in force for twenty or more years, shall not be reduced

thereafter, except upon a showing that such rating was based on

fraud. A disability which has been continuously rated at or above

evaluation for twenty or more years for compensation purposes

under laws administered by the Secretary shall not thereafter be

rated at less than such evaluation, except upon a showing that
25 CH. 1—GENERAL § 111

such rating was based on fraud. The mentioned period shall be

computed from the date determined by the Secretary as the date

on which the status commenced for rating purposes.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1113; P.L. 87–825, § 6, Oct. 15, 1962, 76 Stat.

950; P.L. 88–445, § 1(a), (b), Aug. 19, 1964, 78 Stat. 464; P.L. 91–32, June 23, 1969,

83 Stat. 38; P.L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

§ 111. Payments or allowances for beneficiary travel

(a) Under regulations prescribed by the President pursuant to

the provisions of this section, the Secretary may pay the actual

necessary expense of travel (including lodging and subsistence), or

in lieu thereof an allowance based upon mileage traveled, of 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. In addition to the mileage allowance

authorized by this section, there may be allowed reimbursement for

the actual cost of ferry fares, and bridge, road, and tunnel tolls.

(b)(1) Except as provided in subsection (c) of this section and notwithstanding subsection (g)(2)(A) of this section or any other provision of law, if, with respect to any fiscal year, the Secretary exercises the authority under this section to make any payments, the

Secretary shall make the payments provided for in this section to

or for the following persons for travel during such fiscal year for

examination, treatment, or care for which the person is eligible:

(A) A veteran or other person whose travel is in connection

with treatment or care for a service-connected disability.

(B) A veteran with a service-connected disability rated at 30

percent or more.

(C) A veteran receiving pension under section 1521 of this

title.

(D) A veteran (i) whose annual income (as determined under

section 1503 of this title) does not exceed the maximum annual

rate of pension which would be payable to such veteran if such

veteran were eligible for pension under section 1521 of this

title, or (ii) who is determined, under regulations prescribed by

the Secretary, to be unable to defray the expenses of the travel

for which payment under this section is claimed.

(E) Subject to paragraph (3) of this subsection, a veteran or

other person whose travel to or from a Department facility is

medically required to be performed by a special mode of travel

and who is determined under such regulations to be unable to

defray the expenses of the travel for which payment under this

section is claimed.

(F) A veteran whose travel to a Department facility is incident to a scheduled compensation and pension examination.

(2) The Secretary may make payments provided for in this section to or for any person not covered by paragraph (1) of this subsection for travel by such person for examination, treatment, or

care. Such payments shall be made in accordance with regulations

which the Secretary shall prescribe.

(3)(A) Except as provided in subparagraph (B) of this paragraph,

the Secretary shall not make payments under this section for travel performed by a special mode of travel unless (i) the travel by
§ 111 CH. 1—GENERAL 26

such mode is medically required and is authorized by the Secretary

before the travel begins, or (ii) the travel by such mode is in connection with a medical emergency of such a nature that the delay

incident to obtaining authorization from the Secretary to use that

mode of travel would have been hazardous to the person’s life or

health.

(B) In the case of travel by a person to or from a Department facility by special mode of travel, the Secretary may provide payment

under this section to the provider of the transportation by special

mode before determining the eligibility of such person for such payment if the Secretary determines that providing such payment is

in the best interest of furnishing care and services. Such a payment

shall be made subject to subsequently recovering from such person

the amount of the payment if such person is determined to have

been ineligible for payment for such travel.

(c)(1) Except as otherwise provided in this subsection, the Secretary, in making a payment under this section to or for a person

described in subparagraph (A), (B), (C), or (D) of subsection (b)(1)

of this section for travel for examination, treatment, or care, shall

deduct from the amount otherwise payable an amount equal to $3

for each one-way trip.

(2) In the case of a person who is determined by the Secretary

to be a person who is required to make six or more one-way trips

for needed examination, treatment, or care during the remainder of

the calendar month in which the determination is made or during

any subsequent calendar month during the one-year period following the last day of the month in which the determination is

made, the amount deducted by the Secretary pursuant to paragraph (1) of this subsection from payments for trips made to or

from such facility during any such month shall not, except as provided in paragraph (5) of this subsection, exceed $18.

(3) No deduction shall be made pursuant to paragraph (1) of this

subsection in the case of a person whose travel to or from a Department facility is performed by a special mode of travel for which

payment under this section is authorized under subsection (b)(3) of

this section.

(4) The Secretary may waive the deduction requirement of paragraph (1) of this subsection in the case of the travel of any veteran

for whom the imposition of the deduction would cause severe financial hardship. The Secretary shall prescribe in regulations the conditions under which a finding of severe financial hardship is warranted for purposes of this paragraph.

(5) Whenever the Secretary increases or decreases the rates of allowances or reimbursement to be paid under this section, the

Secretary shall, effective on the date on which such increase or decrease takes effect, adjust proportionately the dollar amounts specified in paragraphs (1) and (2) of this subsection as such amounts

may have been increased or decreased pursuant to this paragraph

before such date.

(d) Payment of the following expenses or allowances in connection with vocational rehabilitation, counseling, or upon termination

of examination, treatment, or care, may be made before the completion of travel:
27 CH. 1—GENERAL § 111

(1) The mileage allowance authorized by subsection (a) of

this section.

(2) Actual local travel expenses.

(3) The expense of hiring an automobile or ambulance, or the

fee authorized for the services of a nonemployee attendant.

(e) When any person entitled to mileage under this section requires an attendant (other than an employee of the Department) in

order to perform such travel, the attendant may be allowed expenses of travel upon the same basis as such person.

(f) The Secretary may provide for the purchase of printed reduced-fare requests for use by veterans and their authorized attendants when traveling at their own expense to or from any Department facility.

(g)(1) In carrying out the purposes of this section, the Secretary,

in consultation with the Administrator of General Services, the

Secretary of Transportation, the Comptroller General of the United

States, and representatives of organizations of veterans, shall conduct periodic investigations of the actual cost of travel (including

lodging and subsistence) to beneficiaries while traveling to or from

a Department facility or other place pursuant to the provisions of

this section, and the estimated cost of alternative modes of travel,

including public transportation and the operation of privately

owned vehicles. The Secretary shall conduct such investigations immediately following any alteration in the rates described in paragraph (3)(C) of this subsection, and, in any event, immediately following the enactment of this subsection and not less often than annually thereafter, and based thereon, shall determine rates of allowances or reimbursement to be paid under this section.

(2) In no event shall payment be provided under this section—

(A) unless the person claiming reimbursement has been determined, pursuant to regulations which the Secretary shall

prescribe, to be unable to defray the expenses of such travel

(except with respect to a person receiving benefits for or in connection with a service-connected disability under this title, a

veteran receiving or eligible to receive pension under section

1521 of this title, or a person whose annual income, determined in accordance with section 1503 of this title, does not exceed the maximum annual rate of pension which would be payable to such person if such person were eligible for pension

under section 1521 of this title);

(B) to reimburse for the cost of travel by privately owned vehicle in any amount in excess of the cost of such travel by public transportation unless (i) public transportation is not reasonably accessible or would be medically inadvisable, or (ii) the

cost of such travel is not greater than the cost of public transportation; and

(C) in excess of the actual expense incurred by such person

as certified in writing by such person.

(3) In conducting investigations and determining rates under this

section, the Secretary shall review and analyze, among other factors, the following factors:

(A)(i) Depreciation of original vehicle costs;

(ii) gasoline and oil costs;

(iii) maintenance, accessories, parts, and tire costs;
§ 112 CH. 1—GENERAL 28

(iv) insurance costs; and

(v) State and Federal taxes.

(B) The availability of and time required for public transportation.

(C) The per diem rates, mileage allowances, and expenses of

travel authorized under sections 5702 and 5704 of title 5 for

employees of the United States.

(4) Before determining rates or adjusting amounts under this section and not later than sixty days after any alteration in the rates

described in paragraph (3)(C) of this subsection, the Secretary shall

submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report containing the rates and

amounts the Secretary proposes to establish or continue with a full

justification therefor in terms of each of the limitations and factors

set forth in this section.

(h) 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.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1113; P.L. 86–590, July 5, 1960, 74 Stat. 329;

P.L. 89–358, § 4(g), Mar. 3, 1966, 80 Stat. 24; P.L. 89–455, June 18, 1966, 80 Stat.

208; P.L. 94–581, § 101, Oct. 21, 1976, 90 Stat. 2842; P.L. 96–151, § 201(a), Dec. 20,

1979, 93 Stat. 1093; P.L. 97–295, § 4(5), Oct. 12, 1982, 96 Stat. 1305; P.L. 100–322,

§ 108(a), (b)(1), (c)–(e)(1), May 20, 1988, 102 Stat. 496–498; P.L. 102–83, §§ 4(a)(3),

(4), (6), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 103–446,

§ 1201(e)(1), Nov. 2, 1994, 108 Stat. 4685.)

§ 112. Presidential memorial certificate program

(a) At the request of the President the Secretary may conduct a

program for honoring the memory of deceased veterans, discharged

under honorable conditions, by preparing and sending to eligible

recipients a certificate bearing the signature of the President and

expressing the country’s grateful recognition of the veteran’s service in the Armed Forces. The award of a certificate to one eligible

recipient will not preclude authorization of another certificate if a

request is received from some other eligible recipient.

(b) For the purpose of this section an ‘‘eligible recipient’’ means

the next of kin, a relative or friend upon request, or an authorized

service representative acting on behalf of such relative or friend.

(Added P.L. 89–88, § 1(a), July 24, 1965, 79 Stat. 264; amended P.L. 102–83,

§ 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 113. Treatment of certain programs under sequestration

procedures

(a) The following programs shall be exempt from sequestration or

reduction under part C of the Balanced Budget and Emergency

Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other se-
29 CH. 1—GENERAL § 113

questration law and shall not be included in any report specifying

reductions in Federal spending:

(1) Benefits under chapter 21 of this title, relating to specially adapted housing and mortgage-protection life insurance

for certain veterans with service-connected disabilities.

(2) Benefits under section 2307 of this title, relating to burial

benefits for veterans who die as the result of a service-connected disability.

(3) Benefits under chapter 39 of this title, relating to automobiles and adaptive equipment for certain disabled veterans

and members of the Armed Forces.

(4) Assistance and services under chapter 31 of this title, relating to training and rehabilitation for certain veterans with

service-connected disabilities.

(5) Benefits under chapter 35 of this title, relating to educational assistance for survivors and dependents of certain veterans with service-connected disabilities.

(6) Benefits under subchapters I, II, and III of chapter 37 of

this title, relating to housing loans for certain veterans and for

the spouses and surviving spouses of certain veterans.

(b) The following accounts of the Department shall be exempt

from sequestration or reduction under part C of the Balanced

Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901

et seq.) or any other sequestration law and shall not be included

in any report specifying reductions in Federal spending:

(1) The following life insurance accounts:

(A) The National Service Life Insurance Fund authorized by section 1920 of this title.

(B) The Service-Disabled Veterans Insurance Fund authorized by section 1922 of this title.

(C) The Veterans Special Life Insurance Fund authorized by section 1923 of this title.

(D) The Veterans Reopened Insurance Fund authorized

by section 1925 of this title.

(E) The United States Government Life Insurance Fund

authorized by section 1955 of this title.

(F) The Veterans Insurance and Indemnity appropriation authorized by section 1919 of this title.

(2) The following revolving fund accounts:

(A) The Department of Veterans Affairs Special Therapeutic and Rehabilitation Activities Fund established by

section 1718(c) of this title.

(B) The Veterans’ Canteen Service revolving fund authorized by section 7804 of this title.

(c)(1) A benefit under section 2301, 2302, 2303, 2306, or 2308 of

this title that is subject to reduction under a sequestration order

or sequestration law shall be paid in accordance with the rates determined under the sequestration order or law (if any) in effect on

the date of the death of the veteran concerned.

(2) A benefit paid to, or on behalf of, an eligible veteran for pursuit of a program of education or training under chapter 30, 31, 34,

35, or 36 of this title that is subject to a sequestration order or a

sequestration law shall be paid in accordance with the rates deter-
§ 114 CH. 1—GENERAL 30

mined under the sequestration order or law (if any) in effect during

the period of education or training for which the benefit is paid.

(3) In implementation of a sequestration order or law with respect to each account from which a benefit described in paragraph

(1) or (2) of this subsection is paid (including the making of determinations of the amounts by which such benefits are to be reduced), the total of the amounts (as estimated by the Secretary

after consultation with the Director of the Congressional Budget

Office) by which payments of such benefit will be reduced by reason

of such paragraph after the last day of the period during which

such order or law is in effect shall be deemed to be additional reductions in the payments of such benefit made, and in new budget

authority for such payments, during such period.

(d) In computing the amount of new budget authority by which

a budget account of the Department is to be reduced for a fiscal

year under a report of the Director of the Office of Management

and Budget, or under an order of the President under part C of the

Balanced Budget and Emergency Deficit Control Act of 1985, the

base from which the amount of the reduction for such account is

determined shall be established without regard to any amount of

new budget authority in such account (determined under section

251(a)(6) of such Act) for any of the programs listed in subsection

(a) of this section.

(e) This section applies without regard to any other provision of

law (whether enacted before, on, or after the date of the enactment

of this section) unless such Act expressly provides that it is enacted

as a limitation to this section.

(f) For the purposes of this section:

(1) The term ‘‘sequestration’’ means a reduction in spending

authority and loan guarantee commitments generally throughout the Government under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any

other law.

(2) The term ‘‘sequestration law’’ means a law enacted with

respect to a sequestration under the Balanced Budget and

Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.)

or any other law (under the procedures specified in that Act or

otherwise).

(3) The term ‘‘sequestration order’’ means an order of the

President issued under part C of such Act.

(Added P.L. 99–576, § 601(a)(1), Oct. 28, 1986, 100 Stat. 3287; amended P.L. 100–

198, § 12(a), Dec. 21, 1987, 101 Stat. 1325; P.L. 100–322, § 411(b), (c), May 20, 1988,

102 Stat. 547; P.L. 102–40, § 402(d)(1), May 7, 1991, 105 Stat. 239; P.L. 102–83,

§§ 4(a)(2)(B)(i), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406.)

§ 114. Multiyear procurement

(a) The Secretary may enter into a multiyear contract for the

procurement of supplies or services if the Secretary makes each of

the following determinations:

(1) Appropriations are available for obligations that are necessary for total payments that would be required during the

fiscal year in which the contract is entered into, plus the estimated amount of any cancellation charge payable under the

contract.
31 CH. 1—GENERAL § 114

(2) The contract is in the best interest of the United States

by reason of the effect that use of a multiyear, rather than oneyear, contract would have in—

(A) reducing costs;

(B) achieving economies in contract administration or in

any other Department activities;

(C) increasing quality of performance by or service from

the contractors; or

(D) encouraging effective competition.

(3) During the proposed contract period—

(A) there will be a continuing or recurring need for the

supplies or services being procured;

(B) there is not a substantial likelihood of substantial

changes in the need for such supplies or services in terms

of the total quantity of such supplies or services or of the

rate of delivery of such supplies or services; and

(C) the specifications for the supplies or services are expected to be reasonably stable.

(4) The risks relating to the prospective contractor’s ability

to perform in accordance with the specifications and other

terms of the contract are not excessive.

(5) The use of a multiyear contract will not inhibit small

business concerns in competing for the contract.

(6) In the case of the procurement of a pharmaceutical item

for which a patent has expired less than four years before the

date on which the solicitation of offers is issued, there is no

substantial likelihood that increased competition among potential contractors would occur during the term of the contract as

the result of the availability of generic equivalents increasing

during the term of the contract.

(b)(1) A multiyear contract authorized by this section shall

contain—

(A) a provision that the obligation of the United States under

the contract during any fiscal year which is included in the

contract period and is subsequent to the fiscal year during

which the contract is entered into is contingent on the availability of sufficient appropriations (as determined by the Secretary pursuant to paragraph (2)(A) of this subsection) if, at

the time the contract is entered into, appropriations are not

available to cover the total estimated payments that will be required during the full term of the contract; and

(B) notwithstanding section 1502(a) of title 31, a provision

for the payment of reasonable cancellation charges to compensate the contractor for nonrecurring, unrecovered costs, if

any, if the performance is cancelled pursuant to the provision

required by subparagraph (A) of this paragraph.

(2)(A) If, during a fiscal year after the fiscal year during which

a multiyear contract is entered into under this section, the Secretary determines that, in light of other funding needs involved in

the operation of Department programs, the amount of funds appropriated for such subsequent fiscal year is not sufficient for such

contract, the Secretary shall cancel such contract pursuant to the

provisions required by paragraph (1)(A) of this subsection.
§ 115 CH. 1—GENERAL 32

(B) Cancellation charges under a multiyear contract shall be paid

from the appropriated funds which were originally available for

performance of the contract or the payment of cancellation costs

unless such funds are not available in an amount sufficient to pay

the entire amount of the cancellation charges payable under the

contract. In a case in which such funds are not available in such

amount, funds available for the procurement of supplies and services for use for the same purposes as the supplies or services procured through such contract shall be used to the extent necessary

to pay such cost.

(c) Nothing in this section shall be construed so as to restrict the

Secretary’s exercise of the right to terminate for convenience a contract under any other provision of law which authorizes multiyear

contracting.

(d) The Secretary shall prescribe regulations for the implementation of this section.

(e) For the purposes of this section:

(1) The term ‘‘appropriations’’ has the meaning given that

term in section 1511 of title 31.

(2) The term ‘‘multiyear contract’’ means a contract which by

its term is to remain in effect for a period which extends beyond the end of the fiscal year during which the contract is entered into but not beyond the end of the fourth fiscal year following such fiscal year. Such term does not include a contract

for construction or for a lease of real property.

(3) The term ‘‘nonrecurring, unrecovered costs’’ means those

costs reasonably incurred by the contractor in performing a

multiyear contract which (as determined under regulations

prescribed under subsection (d) of this section) are generally

incurred on a one-time basis.

(Added P.L. 100–322, § 404(a), May 20, 1988, 102 Stat. 545; amended P.L. 101–237,

§ 601(a), (b)(1), Dec. 18, 1989, 103 Stat. 2094; P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E),

Aug. 6, 1991, 105 Stat. 404, 405.)

§ 115. Acquisition of real property

For the purposes of sections 314, 315, 316, and 2406 of this title

and subchapter I of chapter 81 of this title, the Secretary may acquire and use real property—

(1) before title to the property is approved under section 355

of the Revised Statutes (40 U.S.C. 255); and

(2) even though the property will be held in other than a fee

simple interest in a case in which the Secretary determines

that the interest to be acquired is sufficient for the purposes

of the intended use.

(Added P.L. 102–86, § 402(a), Aug. 14, 1991, 105 Stat. 422; amended P.L. 102–83,

§ 5(c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 103–446, § 1201(d)(1), Nov. 2, 1994, 108

Stat. 4684.)

§ 116. Reports to Congress: cost information

Whenever the Secretary submits to Congress, or any committee

of Congress, a report that is required by law or by a joint explanatory statement of a committee of conference of the Congress, the

Secretary shall include with the report—

(1) a statement of the cost of preparing the report; and
33 CH. 1—GENERAL § 116

(2) a brief explanation of the methodology used in preparing

that cost statement.

(Added P.L. 106–419, § 403(d)(1)(A), Nov. 1, 2000, 114 Stat. 1864.)

(35)

CHAPTER 3—DEPARTMENT OF VETERANS AFFAIRS

Sec.

301. Department.

302. Seal.

303. Secretary of Veterans Affairs.

304. Deputy Secretary of Veterans Affairs.

305. Under Secretary for Health.

306. Under Secretary for Benefits.

307. Under Secretary for Memorial Affairs.

308. Assistant Secretaries; Deputy Assistant Secretaries.

309. Chief Financial Officer.

310. Chief Information Officer.

311. General Counsel.

312. Inspector General.

313. Availability of appropriations.

314. Central Office.

315. Regional offices.

316. Colocation of regional offices and medical centers.

317. Center for Minority Veterans.

318. Center for Women Veterans.

319. Office of Employment Discrimination Complaint Adjudication.

§ 301. Department

(a) The Department of Veterans Affairs is an executive department of the United States.

(b) The purpose of the Department is to administer the laws providing benefits and other services to veterans and the dependents

and the beneficiaries of veterans.

(c) The Department is composed of the following:

(1) The Office of the Secretary.

(2) The Veterans Health Administration.

(3) The Veterans Benefits Administration.

(4) The National Cemetery Administration.

(5) The Board of Veterans’ Appeals.

(6) The Veterans’ Canteen Service.

(7) The Board of Contract Appeals.

(8) Such other offices and agencies as are established or designated by law or by the President or the Secretary.

(9) Any office, agency, or activity under the control or supervision of any element named in paragraphs (1) through (8).

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 378; P.L. 105–368, § 403(a)(2),

Nov. 11, 1998, 112 Stat. 3338.)

§ 302. Seal

(a) The Secretary of Veterans Affairs shall cause a seal of office

to be made for the Department of such device as the President

shall approve. Judicial notice shall be taken of the seal.

(b) Copies of any public document, record, or paper belonging to

or in the files of the Department, when authenticated by the seal

and certified by the Secretary (or by an officer or employee of the
§ 302 CH. 3—DEPARTMENT OF VETERANS AFFAIRS 36

Department to whom authority has been delegated in writing by

the Secretary), shall be evidence equal with the original thereof.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 379.)

§ 303. Secretary of Veterans Affairs

There is a Secretary of Veterans Affairs, who is the head of the

Department and is appointed by the President, by and with the advice and consent of the Senate. The Secretary is responsible for the

proper execution and administration of all laws administered by

the Department and for the control, direction, and management of

the Department.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 379.)

§ 304. Deputy Secretary of Veterans Affairs

There is in the Department a Deputy Secretary of Veterans Affairs, who is appointed by the President, by and with the advice

and consent of the Senate. The Deputy Secretary shall perform

such functions as the Secretary shall prescribe. Unless the President designates another officer of the Government, the Deputy Secretary shall be Acting Secretary of Veterans Affairs during the absence or disability of the Secretary or in the event of a vacancy in

the office of Secretary.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 379.)

§ 305. Under Secretary for Health

(a)(1) There is in the Department an Under Secretary for Health,

who is appointed by the President, by and with the advice and consent of the Senate.

(2) The Under Secretary for Health shall be a doctor of medicine

and shall be appointed without regard to political affiliation or activity and solely—

(A) on the basis of demonstrated ability in the medical profession, in health-care administration and policy formulation,

and in health-care fiscal management; and

(B) on the basis of substantial experience in connection with

the programs of the Veterans Health Administration or programs of similar content and scope.

(b) The Under Secretary for Health is the head of, and is directly

responsible to the Secretary for the operation of, the Veterans

Health Administration.

(c) The Under Secretary for Health shall be appointed for a period of four years, with reappointment permissible for successive

like periods. If the President removes the Under Secretary for

Health before the completion of the term for which the Under Secretary for Health was appointed, the President shall communicate

the reasons for the removal to Congress.

(d)(1) Whenever a vacancy in the position of Under Secretary for

Health occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment

to the position.

(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary:
37 CH. 3—DEPARTMENT OF VETERANS AFFAIRS § 306

(A) Three persons representing clinical care and medical research and education activities affected by the Veterans Health

Administration.

(B) Two persons representing veterans served by the Veterans Health Administration.

(C) Two persons who have experience in the management of

veterans health services and research programs, or programs

of similar content and scope.

(D) The Deputy Secretary of Veterans Affairs.

(E) The Chairman of the Special Medical Advisory Group established under section 7312 of this title.

(F) One person who has held the position of Under Secretary

for Health (including service as Chief Medical Director of the

Veterans’ Administration), if the Secretary determines that it

is desirable for such person to be a member of the commission.

(3) A commission established under this subsection shall recommend at least three individuals for appointment to the position

of Under Secretary for Health. The commission shall submit all

recommendations to the Secretary. The Secretary shall forward the

recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment.

(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.

(Added P.L. 102–83, §§ 2(a), 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 379, 404; amended

P.L. 102–405, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 103–446, § 1201(c)(1),

(e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685.)

§ 306. Under Secretary for Benefits

(a) There is in the Department an Under Secretary for Benefits,

who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary for Benefits shall be appointed without regard to political affiliation or activity and solely

on the basis of demonstrated ability in—

(1) fiscal management; and

(2) the administration of programs within the Veterans Benefits Administration or programs of similar content and scope.

(b) The Under Secretary for Benefits is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Benefits Administration.

(c) The Under Secretary for Benefits shall be appointed for a period of four years, with reappointment permissible for successive

like periods. If the President removes the Under Secretary for Benefits before the completion of the term for which the Under Secretary for Benefits was appointed, the President shall communicate

the reasons for the removal to Congress.

(d)(1) Whenever a vacancy in the position of Under Secretary for

Benefits occurs or is anticipated, the Secretary shall establish a

commission to recommend individuals to the President for appointment to the position.
§ 306 CH. 3—DEPARTMENT OF VETERANS AFFAIRS 38

(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary:

(A) Three persons representing education and training, real

estate, mortgage finance, and related industries, and survivor

benefits activities affected by the Veterans Benefits Administration.

(B) Two persons representing veterans served by the Veterans Benefits Administration.

(C) Two persons who have experience in the management of

veterans benefits programs or programs of similar content and

scope.

(D) The Deputy Secretary of Veterans Affairs.

(E) The chairman of the Veterans’ Advisory Committee on

Education formed under section 3692 of this title.

(F) One person who has held the position of Under Secretary

for Benefits (including service as Chief Benefits Director of the

Veterans’ Administration), if the Secretary determines that it

is desirable for such person to be a member of the commission.

(3) A commission established under this subsection shall recommend at least three individuals for appointment to the position

of Under Secretary for Benefits. The commission shall submit all

recommendations to the Secretary. The Secretary shall forward the

recommendations to the President with an comments the Secretary

considers appropriate. Thereafter, the President may request the

commission to recommend additional individuals for appointment.

(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.

(Added P.L. 102–83, §§ 2(a), 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 380, 404; amended

P.L. 102–405, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 103–446, § 1201(c)(2),

(e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685.)

§ 307. Under Secretary for Memorial Affairs

There is in the Department an Under Secretary for Memorial Affairs, who is appointed by the President, by and with the advice

and consent of the Senate. The Under Secretary is the head of the

National Cemetery Administration as established in section 2400 of

this title and shall perform such functions as may be assigned by

the Secretary.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 381; amended P.L. 105–368,

§ 403(a)(3), (c)(1)(A), Nov. 11, 1998, 112 Stat. 3338.)

§ 308. Assistant Secretaries; Deputy Assistant Secretaries

(a) There shall be in the Department not more than six Assistant

Secretaries. Each Assistant Secretary shall be appointed by the

President, by and with the advice and consent of the Senate.

(b) The Secretary shall assign to the Assistant Secretaries responsibility for the administration of such functions and duties as

the Secretary considers appropriate, including the following functions:

(1) Budgetary and financial functions.

(2) Personnel management and labor relations functions.

(3) Planning, studies, and evaluations.
39 CH. 3—DEPARTMENT OF VETERANS AFFAIRS § 310

(4) Management, productivity, and logistic support functions.

(5) Information management functions as required by Section 3506 of title 44.

(6) Capital facilities and real property program functions.

(7) Equal opportunity functions.

(8) Functions regarding the investigation of complaints of

employment discrimination within the Department.

(9) Functions regarding intergovernmental, public, and consumer information and affairs.

(10) Procurement functions.

(c) Whenever the President nominates an individual for appointment as an Assistant Secretary, the President shall include in the

communication to the Senate of the nomination a statement of the

particular functions of the Department specified in subsection (b),

and any other functions of the Department, the individual will exercise upon taking office.

(d)(1) There shall be in the Department such number of Deputy

Assistant Secretaries, not exceeding 18, as the Secretary may determine. Each Deputy Assistant Secretary shall be appointed by

the Secretary and shall perform such functions as the Secretary

prescribes.

(2) At least two-thirds of the number of positions established and

filled under paragraph (1) shall be filled by individuals who have

at least five years of continuous service in the Federal civil service

in the executive branch immediately preceding their appointment

as a Deputy Assistant Secretary. For purposes of determining such

continuous service of an individual, there shall be excluded any

service by such individual in a position—

(A) of a confidential, policy-determining, policy-making, or

policy-advocating character;

(B) in which such individual served as a noncareer appointee

in the Senior Executive Service, as such term is defined in section 3132(a)(7) of title 5; or

(C) to which such individual was appointed by the President.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 381.)

§ 309. Chief Financial Officer

The Secretary shall designate the Assistant Secretary whose

functions include budgetary and financial functions as the Chief Financial Officer of the Department. The Chief Financial Officer

shall advise the Secretary on financial management of the Department and shall exercise the authority and carry out the functions

specified in section 902 of title 31.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 382.)

§ 310. Chief Information Officer

(a) The Chief Information Officer for the Department is designated pursuant to section 3506(a)(2) of title 44.

(b) The Chief Information Officer performs the duties provided

for chief information officers of executive agencies under chapter 35

of title 44 and division E of the Clinger-Cohen Act of 1996 (40

U.S.C. 1401 et seq.).
§ 310 CH. 3—DEPARTMENT OF VETERANS AFFAIRS 40

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 382; amended P.L. 104–106,

§ 5604, Feb. 10, 1996, 110 Stat. 700.; P.L. 105–85, § 1073(h)(3), Nov. 18, 1997, 111

Stat. 1907.)

§ 311. General Counsel

There is in the Department the Office of the General Counsel.

There is at the head of the office a General Counsel, who is appointed by the President, by and with the advice and consent of the

Senate. The General Counsel is the chief legal officer of the Department and provides legal assistance to the Secretary concerning the

programs and policies of the Department.

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

§ 312. Inspector General

(a) There is in the Department an Inspector General, who is appointed by the President, by and with the advice and consent of the

Senate, as provided in the Inspector General Act of 1978 (5 U.S.C.

App.). The Inspector General performs the functions, has the responsibilities, and exercises the powers specified in that Act.

(b)(1) The Secretary shall provide for not less than 40 full-time

positions in the Office of Inspector General in addition to the number of such positions in that office on March 15, 1989.

(2) The President shall include in the budget transmitted to the

Congress for each fiscal year pursuant to section 1105 of title 31

an estimate of the amount for the Office of Inspector General that

is sufficient to provide for a number of full-time positions in that

office that is not less than the number of full-time positions in that

office on March 15, 1989, plus 40.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 383; amended P.L. 103–446,

§ 1201(e)(3), (g)(1), Nov. 2, 1994, 108 Stat. 4685, 4687.)

§ 313. Availability of appropriations

(a) Funds appropriated to the Department may remain available

until expended.

(b) Funds appropriated to the Department may not be used for

a settlement of more than $1,000,000 on a construction contract

unless—

(1) the settlement is audited by an entity outside the Department for reasonableness and appropriateness of expenditures;

and

(2) the settlement is provided for specifically in an appropriation law.

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

§ 314. Central Office

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

Columbia.

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

§ 315. Regional offices

(a) The Secretary may establish such regional offices and such

other field offices within the United States, its Territories, Commonwealths, and possessions, as the Secretary considers necessary.
41 CH. 3—DEPARTMENT OF VETERANS AFFAIRS § 316

(b) The Secretary may maintain a regional office in the Republic

of the Philippines until December 31, 2003.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 384; amended P.L. 102–291,

§ 1(a), May 20, 1992, 106 Stat. 178; P.L. 103–210, § 2(c), Dec. 20, 1993, 107 Stat.

2497; P.L. 103–446, § 502, Nov. 2, 1994, 108 Stat. 4663; P.L. 106–117, § 802, Nov.

30, 1999, 113 Stat. 1586.)

§ 316. Colocation of regional offices and medical centers

(a) To provide for a more economical, efficient, and effective operation of such regional offices, the Secretary shall provide for the colocation of at least three regional offices with medical centers of the

Department— (1) on real property under the jurisdiction of the Department

of Veterans Affairs at such medical centers; or

(2) on real property that is adjacent to such a medical center

and is under the jurisdiction of the Department as a result of

being conveyed to the United States for the purpose of such colocation.

(b)(1) In carrying out this section and notwithstanding any other

provision of law, the Secretary may lease, with or without compensation and for a period of not to exceed 35 years, to another

party at not more than seven locations any of the real property described in paragraph (1) or (2) of subsection (a).

(2) Such real property shall be used as the site of a facility— (A) constructed and owned by the lessee of such real property; and

(B) leased under subsection (c)(1) to the Department for such

use and such other activities as the Secretary determines are

appropriate.

(c)(1) The Secretary may enter into a lease for the use of any facility described in subsection (b)(2) for not more than 35 years

under such terms and conditions as may be in the best interests

of the Department.

(2) Each agreement for such a lease shall provide— (A) that the obligation of the United States to make payments under the agreement is subject to the availability of appropriations for that purpose; and

(B) that the ownership of the facility shall vest in the United

States at the end of such lease.

(d)(1) The Secretary may sublease any space in such a facility to

another party at a rate not less than—

(A) the rental rate paid by the Secretary for such space

under subsection (c); plus

(B) the amount the Secretary pays for the costs of administering such facility (including operation, maintenance, utility,

and rehabilitation costs) which are attributable to such space.

(2) In any such sublease, the Secretary shall include such terms

relating to default and nonperformance as the Secretary considers

appropriate to protect the interests of the United States.

(e) The Secretary shall use the receipts of any payment for the

lease of real property under subsection (b) for the payment of the

lease of a facility under subsection (c).

(f)(1) Subject to paragraph (3)(A), the Secretary shall, not later

than April 18, 1990, issue an invitation for offers with respect to
§ 316 CH. 3—DEPARTMENT OF VETERANS AFFAIRS 42

three colocations to be carried out under this section. The invitation shall include, with respect to each such colocation, at least the

following:

(A) Identification of the site to be developed.

(B) Minimum office space requirements for regional office activities.

(C) Design criteria of the facility to be constructed.

(D) A plan for meeting the security and parking needs for

the facility and its occupants and visitors.

(E) A statement of current and projected rents and other

costs for regional office activities.

(F) The estimated cost of construction of the facility concerned, the estimated annual cost of leasing space for regional

office activities in the facility, and the estimated total annual

cost of leasing all space in such facility.

(G) A plan for securing appropriate licenses, easements, and

rights-of-way.

(H) A list of terms and conditions the Secretary has approved for inclusion in the lease agreement for the facility concerned.

(2) Subject to paragraph (3)(B), the Secretary shall—

(A) not later than one year after the date on which the invitation is issued under paragraph (1), enter into an agreement

to carry out one colocation under this subsection; and

(B) within 180 days after entering into the agreement referred to in subparagraph (A), enter into agreements to carry

out two additional colocations,

unless the Secretary determines that it is not economically feasible

for the Department to undertake them, taking into consideration

all of the tangible and intangible benefits associated with such colocations.

(3) The Secretary shall—

(A) at least 10 days before the issuance or other publication

of the invitation referred to in paragraph (1), submit a copy of

the invitation to the Committees on Veterans’ Affairs of the

Senate and House of Representatives; and

(B) at least 30 days before entering into an agreement under,

paragraph (2), submit a copy to the Committees on Veterans’

Affairs of the Senate and House of Representatives of the proposals selected by the Secretary from those received in response to the invitation issued under paragraph (1).

(g) The authority to enter into an agreement under this section

shall expire on September 30, 1992.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 384.)

§ 317. Center for Minority Veterans

(a) There is in the Department a Center for Minority Veterans.

There is at the head of the Center a Director.

(b) The Director shall be a career or noncareer appointee in the

Senior Executive Service. The Director shall be appointed for a

term of six years.

(c) The Director reports directly to the Secretary or the Deputy

Secretary concerning the activities of the Center.
43 CH. 3—DEPARTMENT OF VETERANS AFFAIRS § 317

(d) The Director shall perform the following functions with respect to veterans who are minorities:

(1) Serve as principal adviser to the Secretary on the adoption and implementation of policies and programs affecting veterans who are minorities.

(2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other

Department officials for the establishment or improvement of

programs in the Department for which veterans who are minorities are eligible.

(3) Promote the use of benefits authorized by this title by

veterans who are minorities and the conduct of outreach activities to veterans who are minorities, in conjunction with outreach activities carried out under chapter 77 of this title.

(4) Disseminate information and serve as a resource center

for the exchange of information regarding innovative and successful programs which improve the services available to veterans who are minorities.

(5) Conduct and sponsor appropriate social and demographic

research on the needs of veterans who are minorities and the

extent to which programs authorized under this title meet the

needs of those veterans, without regard to any law concerning

the collection of information from the public.

(6) Analyze and evaluate complaints made by or on behalf of

veterans who are minorities about the adequacy and timeliness

of services provided by the Department and advise the appropriate official of the Department of the results of such analysis

or evaluation.

(7) Consult with, and provide assistance and information to,

officials responsible for administering Federal, State, local, and

private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs

by veterans who are minorities.

(8) Advise the Secretary when laws or policies have the effect

of discouraging the use of benefits by veterans who are minorities.

(9) Publicize the results of medical research which are of particular significance to veterans who are minorities.

(10) Advise the Secretary and other appropriate officials on

the effectiveness of the Department’s efforts to accomplish the

goals of section 492B of the Public Health Service Act (42

U.S.C. 289a–2) with respect to the inclusion of minorities in

clinical research and on particular health conditions affecting

the health of members of minority groups which should be

studied as part of the Department’s medical research program

and promote cooperation between the Department and other

sponsors of medical research of potential benefit to veterans

who are minorities.

(11) Provide support and administrative services to the Advisory Committee on Minority Veterans provided for under section 544 of this title.

(12) Perform such other duties consistent with this section as

the Secretary shall prescribe.
§ 317 CH. 3—DEPARTMENT OF VETERANS AFFAIRS 44

(e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions

of the Center in a timely manner.

(f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the President’s budget for each

fiscal year— (1) detailed information on the budget for the Center;

(2) the Secretary’s opinion as to whether the resources (including the number of employees) proposed in the budget for

that fiscal year are adequate to enable the Center to comply

with its statutory and regulatory duties; and

(3) a report on the activities and significant accomplishments

of the Center during the preceding fiscal year.

(g) In this section— (1) The term ‘‘veterans who are minorities’’ means veterans

who are minority group members.

(2) The term ‘‘minority group member’’ has the meaning

given such term in section 544(d) of this title.

(Added P.L. 103–446, § 509(a), Nov. 2, 1994, 108 Stat. 4665; amended P.L. 104–275,

§ 501(a), (b), (c), Oct. 9, 1996, 110 Stat. 3340.)

§ 318. Center for Women Veterans

(a) There is in the Department a Center for Women Veterans.

There is at the head of the Center a Director.

(b) The Director shall be a career or noncareer appointee in the

Senior Executive Service. The Director shall be appointed for a

term of six years.

(c) The Director reports directly to the Secretary or the Deputy

Secretary concerning the activities of the Center.

(d) The Director shall perform the following functions with respect to veterans who are women:

(1) Serve as principal adviser to the Secretary on the adoption and implementation of policies and programs affecting veterans who are women.

(2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other

Department officials for the establishment or improvement of

programs in the Department for which veterans who are

women are eligible.

(3) Promote the use of benefits authorized by this title by

veterans who are women and the conduct of outreach activities

to veterans who are women, in conjunction with outreach activities carried out under chapter 77 of this title.

(4) Disseminate information and serve as a resource center

for the exchange of information regarding innovative and successful programs which improve the services available to veterans who are women.

(5) Conduct and sponsor appropriate social and demographic

research on the needs of veterans who are women and the extent to which programs authorized under this title meet the

needs of those veterans, without regard to any law concerning

the collection of information from the public.

(6) Analyze and evaluate complaints made by or on behalf of

veterans who are women about the adequacy and timeliness of
45 CH. 3—DEPARTMENT OF VETERANS AFFAIRS § 319

services provided by the Department and advise the appropriate official of the Department of the results of such analysis

or evaluation.

(7) Consult with, and provide assistance and information to,

officials responsible for administering Federal, State, local, and

private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs

by veterans who are women.

(8) Advise the Secretary when laws or policies have the effect

of discouraging the use of benefits by veterans who are women.

(9) Publicize the results of medical research which are of particular significance to veterans who are women.

(10) Advise the Secretary and other appropriate officials on

the effectiveness of the Department’s efforts to accomplish the

goals of section 492B of the Public Health Service Act (42

U.S.C. 289a–2) with respect to the inclusion of women in clinical research and on particular health conditions affecting

women’s health which should be studied as part of the Department’s medical research program and promote cooperation between the Department and other sponsors of medical research

of potential benefit to veterans who are women.

(11) Provide support and administrative services to the Advisory Committee on Women Veterans established under section

542 of this title.

(12) Perform such other duties consistent with this section as

the Secretary shall prescribe.

(e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions

of the Center in a timely manner.

(f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the President’s budget for each

fiscal year—

(1) detailed information on the budget for the Center;

(2) the Secretary’s opinion as to whether the resources (including the number of employees) proposed in the budget for

that fiscal year are adequate to enable the Center to comply

with its statutory and regulatory duties; and

(3) a report on the activities and significant accomplishments

of the Center during the preceding fiscal year.

(Added P.L. 103–446, § 509(a), Nov. 2, 1994, 108 Stat. 4666; amended P.L. 104–262,

§ 323, Oct. 9, 1996, 110 Stat. 3196; P.L. 104–275, § 501(a), (d), Oct. 9, 1996, 110 Stat.

3340, 3341.)

§ 319. Office of Employment Discrimination Complaint Adjudication

(a)(1) There is in the Department an Office of Employment Discrimination Complaint Adjudication. There is at the head of the Office a Director.

(2) The Director shall be a career appointee in the Senior Executive Service.

(3) The Director reports directly to the Secretary or the Deputy

Secretary concerning matters within the responsibility of the Office.
§ 319 CH. 3—DEPARTMENT OF VETERANS AFFAIRS 46

(b)(1) The Director is responsible for making the final agency decision within the Department on the merits of any employment discrimination complaint filed by an employee, or an applicant for employment, with the Department. The Director shall make such decisions in an impartial and objective manner.

(2) No person may make any ex parte communication to the Director or to any employee of the Office with respect to a matter on

which the Director has responsibility for making a final agency decision.

(c) Whenever the Director has reason to believe that there has

been retaliation against an employee by reason of the employee asserting rights under an equal employment opportunity law, the Director shall report the suspected retaliatory action directly to the

Secretary or Deputy Secretary, who shall take appropriate action

thereon.

(d)(1) The Office shall employ a sufficient number of attorneys

and other personnel as are necessary to carry out the functions of

the Office. Attorneys shall be compensated at a level commensurate

with attorneys employed by the Office of the General Counsel.

(2) The Secretary shall ensure that the Director is furnished sufficient resources in addition to personnel under paragraph (1) to

enable the Director to carry out the functions of the Office in a

timely manner.

(3) The Secretary shall ensure that any performance appraisal of

the Director of the Office of Employment Discrimination Complaint

Adjudication or of any employee of the Office does not take into

consideration the record of the Director or employee in deciding

cases for or against the Department.

(Added P.L. 105–114, § 102(a)(1), Nov. 21, 1997, 111 Stat. 2280.)
(47)

CHAPTER 5—AUTHORITY AND DUTIES OF THE

SECRETARY

SUBCHAPTER I—GENERAL AUTHORITIES

Sec.

501. Rules and regulations.

502. Judicial review of rules and regulations.

503. Administrative error; equitable relief.

505. Opinions of Attorney General.

510. Authority to reorganize offices.

511. Decisions of the Secretary; finality.

512. Delegation of authority; assignment of functions and duties.

513. Contracts and personal services.

515. Administrative settlement of tort claims.

516. Equal employment responsibilities.

SUBCHAPTER II—SPECIFIED FUNCTIONS

521. Assistance to certain rehabilitation activities.

522. Studies of rehabilitation of disabled persons.

523. Coordination and promotion of other programs affecting veterans and their

dependents.

525. Publication of laws relating to veterans.

527. Evaluation and data collection.

529. Annual report to Congress.

530. Annual report on program and expenditures for domestic response to weapons of mass destruction.

531. Requirement relating to naming of Department property.

SUBCHAPTER III—ADVISORY COMMITTEES

541. Advisory Committee on Former Prisoners of War.

542. Advisory Committee on Women Veterans.

543. Advisory Committee on Prosthetics and Special-Disabilities Programs.

544. Advisory Committee on Minority Veterans.

545. Advisory Committee on the Readjustment of Veterans.

SUBCHAPTER I—GENERAL AUTHORITIES

§ 501. Rules and regulations

(a) The Secretary has authority to prescribe all rules and regulations which are necessary or appropriate to carry out the laws administered by the Department and are consistent with those laws,

including—

(1) regulations with respect to the nature and extent of proof

and evidence and the method of taking and furnishing them in

order to establish the right to benefits under such laws;

(2) the forms of application by claimants under such laws;

(3) the methods of making investigations and medical examinations; and

(4) the manner and form of adjudications and awards.

(b) Any rule, regulation, guideline, or other published interpretation or order (and any amendment thereto) issued pursuant to the

authority granted by this section or any other provision of this title

shall contain citations to the particular section or sections of statutory law or other legal authority upon which such issuance is
§ 501 CH. 5—AUTHORITY AND DUTIES OF THE SECRETARY 48

based. The citation to the authority shall appear immediately following each substantive provision of the issuance.

(c) In applying section 552(a)(1) of title 5 to the Department, the

Secretary shall ensure that subparagraphs (C), (D), and (E) of that

section are complied with, particularly with respect to opinions and

interpretations of the General Counsel.

(d) The provisions of section 553 of title 5 shall apply, without

regard to subsection (a)(2) of that section, to matters relating to

loans, grants, or benefits under a law administered by the Secretary.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386.)

§ 502. Judicial review of rules and regulations

An action of the Secretary to which section 552(a)(1) or 553 of

title 5 (or both) refers (other than an action relating to the adoption

or revision of the schedule of ratings for disabilities adopted under

section 1155 of this title) is subject to judicial review. Such review

shall be in accordance with chapter 7 of title 5 and may be sought

only in the United States Court of Appeals for the Federal Circuit.

However, if such review is sought in connection with an appeal

brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386.)

§ 503. Administrative error; equitable relief

(a) If the Secretary determines that benefits administered by the

Department have not been provided by reason of administrative

error on the part of the Federal Government or any of its employees, the Secretary may provide such relief on account of such error

as the Secretary determines equitable, including the payment of

moneys to any person whom the Secretary determines is equitably

entitled to such moneys.

(b) If the Secretary determines that a veteran, surviving spouse,

child of a veteran, or other person has suffered loss as a consequence of reliance upon a determination by the Department of

eligibility or entitlement to benefits, without knowledge that it was

erroneously made, the Secretary may provide such relief on account

of such error as the Secretary determines is equitable, including

the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys.

(c) Not later than April 1 of each year, the Secretary shall submit

to Congress a report containing a statement as to the disposition

of each case recommended to the Secretary for equitable relief

under this section during the preceding calendar year. No report

shall be required under this subsection after December 31, 2004.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386; amended P.L. 106–419,

§ 403(c)(1), Nov. 1, 2000, 114 Stat. 1864.)

§ 505. Opinions of Attorney General

The Secretary may require the opinion of the Attorney General

on any question of law arising in the administration of the Department.
49 CH. 5—AUTHORITY AND DUTIES OF THE SECRETARY § 510

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 387.)

§ 510. Authority to reorganize offices

(a) Except to the extent inconsistent with law, the Secretary

may—(1) consolidate, eliminate, abolish, or redistribute the functions of the Administrations, offices, facilities, or activities in

the Department;

(2) create new Administrations, offices, facilities, or activities

in the Department; and

(3) fix the functions of any such Administration, office, facility, or activity and the duties and powers of their respective executive heads.

(b) The Secretary may not in any fiscal year implement an administrative reorganization described in subsection (c) unless the

Secretary first submits to the appropriate committees of the Congress a report containing a detailed plan and justification for the

administrative reorganization. No action to carry out such reorganization may be taken after the submission of such report until the

end of a 45-day period following the date of the submission of the

report, not less than 30 days of which shall be days during which

Congress shall have been in continuous session. For purposes of

the preceding sentence, continuity of a session of Congress is broken only by adjournment sine die, and there shall be excluded from

the computation of any period of continuity of sessionany day during which either House of Congress is not in session during an adjournment of more than three days to a day certain.

(c) An administrative reorganization described in this subsection

is an administrative reorganization of a covered field office or facility that involves a reduction during any fiscal year in the number

of full-time equivalent employees with permanent duty stations at

such office or facility—

(1) by 15 percent or more; or

(2) by a percent which, when added to the percent reduction

made in the number of such employees with permanent duty

stations at such office or facility during the preceding fiscal

year, is 25 percent or more.

(d)(1) Not less than 30 days before the date on which the implementation of any administrative reorganization described in paragraph (2) of a unit in the Central Office is to begin, the Secretary

shall transmit to the Committees on Veterans’ Affairs of the Senate

and the House of Representatives a notification regarding the reorganization.

(2) Paragraph (1) applies to an administrative reorganization of

any unit of the Central Office that is the duty station for 30 or

more employees if the reorganization involves a reduction in any

fiscal year in the number of full-time equivalent employees with

permanent duty station in such unit by 50 percent or more.

(e) For purposes of this section, the term ‘‘administrative reorganization’’ does not include a consolidation or redistribution of functions at a covered field office or facility, or between components of

the Veterans Benefits Administration and the Veterans Health Administration at a Department medical and regional office center, if

after the consolidation or redistribution the same number of full-
§ 510 CH. 5—AUTHORITY AND DUTIES OF THE SECRETARY 50

time equivalent employees continues to perform the affected functions at that field office, facility, or center.

(f) For purposes of this section:

(1) The term ‘‘covered field office or facility’’ means a Department office or facility outside the Central Office that is the permanent duty station for 25 or more employees or that is a freestanding outpatient clinic.

(2) The term ‘‘detailed plan and justification’’ means, with respect to an administrative reorganization, a written report

that, at a minimum, includes the following:

(A) Specification of the number of employees by which

each covered office or facility affected is to be reduced, the

responsibilities of those employees, and the means by

which the reduction is to be accomplished.

(B) Identification of any existing or planned office or facility at which the number of employees is to be increased

and specification of the number and responsibilities of the

additional employees at each such office or facility.

(C) A description of the changes in the functions carried

out at any existing office or facility and the functions to be

assigned to an office or facility not in existence on the date

that the plan and justification are submitted pursuant to

subsection (b).

(D) An explanation of the reasons for the determination

that the reorganization is appropriate and advisable in

terms of the statutory missions and long-term goals of the

Department.

(E) A description of the effects that the reorganization

may have on the provision of benefits and services to veterans and dependents of veterans (including the provision

of benefits and services through offices and facilities of the

Department not directly affected by the reorganization).

(F) Estimates of the costs of the reorganization and of

the cost impact of the reorganization, together with analyses supporting those estimates.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 387; amended P.L. 104–262,

§ 304, Oct. 9, 1996, 110 Stat. 3194.)

§ 511. Decisions of the Secretary; finality

(a) The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the

provision of benefits by the Secretary to veterans or the dependents

or survivors of veterans. Subject to subsection (b), the decision of

the Secretary as to any such question shall be final and conclusive

and may not be reviewed by any other official or by any court,

whether by an action in the nature of mandamus or otherwise.

(b) The second sentence of subsection (a) does not apply to—

(1) matters subject to section 502 of this title;

(2) matters covered by sections 1975 and 1984 of this title;

(3) matters arising under chapter 37 of this title; and

(4) matters covered by chapter 72 of this title.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 388.)
51 CH. 5—AUTHORITY AND DUTIES OF THE SECRETARY § 515

§ 512. Delegation of authority; assignment of functions and

duties

(a) Except as otherwise provided by law, the Secretary may assign functions and duties, and delegate, or authorize successive redelegation of, authority to act and to render decisions, with respect

to all laws administered by the Department, to such officers and

employees as the Secretary may find necessary. Within the limitations of such delegations, redelegations, or assignments, all official

acts and decisions of such officers and employees shall have the

same force and effect as though performed or rendered by the Secretary.

(b) There shall be included on the technical and administrative

staff of the Secretary such staff officers, experts, inspectors, and assistants (including legal assistants) as the Secretary may prescribe.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 389.)

§ 513. Contracts and personal services

The Secretary may, for purposes of all laws administered by the

Department, accept uncompensated services, and enter into contracts or agreements with private or public agencies or persons (including contracts for services of translators without regard to any

other law), for such necessary services (including personal services)

as the Secretary may consider practicable. The Secretary may also

enter into contracts or agreements with private concerns or public

agencies for the hiring of passenger motor vehicles or aircraft for

official travel whenever, in the Secretary’s judgment, such arrangements are in the interest of efficiency or economy.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 389.)

§ 515. Administrative settlement of tort claims

(a)(1) Notwithstanding the limitations contained in section 2672

of title 28, the Secretary may settle a claim for money damages

against the United States cognizable under section 1346(b) or 2672

of title 28 or section 7316 of this title to the extent the authority

to do so is delegated to the Secretary by the Attorney General.

Such delegation may not exceed the authority delegated by the Attorney General to United States attorneys to settle claims for

money damages against the United States.

(2) For purposes of this subsection, the term ‘‘settle’’, with respect

to a claim, means consider, ascertain, adjust, determine, and dispose of the claim, whether by full or partial allowance or by disallowance.

(b) The Secretary may pay tort claims, in the manner authorized

in the first paragraph of section 2672 of title 28, when such claims

arise in foreign countries in connection with Department operations

abroad. A claim may not be allowed under this subsection unless

it is presented in writing to the Secretary within two years after

the claim accrues.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 389.)
§ 516 CH. 5—AUTHORITY AND DUTIES OF THE SECRETARY 52

§ 516. Equal employment responsibilities

(a) The Secretary shall provide that the employment discrimination complaint resolution system within the Department be established and administered so as to encourage timely and fair resolution of concerns and complaints. The Secretary shall take steps to

ensure that the system is administered in an objective, fair, and effective manner and in a manner that is perceived by employees

and other interested parties as being objective, fair, and effective.

(b) The Secretary shall provide—

(1) that employees responsible for counseling functions associated with employment discrimination and for receiving, investigating, and processing complaints of employment discrimination shall be supervised in those functions by, and report to,

an Assistant Secretary or a Deputy Assistant Secretary for

complaint resolution management; and

(2) that employees performing employment discrimination

complaint resolution functions at a facility of the Department

shall not be subject to the authority, direction, and control of

the Director of the facility with respect to those functions.

(c) The Secretary shall ensure that all employees of the Department receive adequate education and training for the purposes of

this section and section 319 of this title.

(d) The Secretary shall, when appropriate, impose disciplinary

measures, as authorized by law, in the case of employees of the Department who engage in unlawful employment discrimination, including retaliation against an employee asserting rights under an

equal employment opportunity law.

(e)(1)(A) Not later than 30 days after the end of each calendar

quarter, the Assistant Secretary for Human Resources and Administration shall submit to the Committees on Veterans’ Affairs of the

Senate and House of Representatives a report summarizing the

employment discrimination complaints filed against the individuals

referred to in paragraph (2) during such quarter.

(B) Subparagraph (A) shall apply in the case of complaints filed

against individuals on the basis of such individuals’ personal conduct and shall not apply in the case of complaints filed solely on

the basis of such individuals’ positions as officials of the Department.

(2) Paragraph (1) applies to the following officers and employees

of the Department:

(A) The Secretary.

(B) The Deputy Secretary of Veterans Affairs.

(C) The Under Secretary for Health and the Under Secretary

for Benefits.

(D) Each Assistant Secretary of Veterans Affairs and each

Deputy Assistant Secretary of Veterans Affairs.

(E) The Director of the National Cemetery System.

(F) The General Counsel of the Department.

(G) The Chairman of the Board of Veterans’ Appeals.

(H) The Chairman of the Board of Contract Appeals of the

Department.

(I) The director and the chief of staff of each medical center

of the Department.
53 CH. 5—AUTHORITY AND DUTIES OF THE SECRETARY § 521

(J) The director of each Veterans Integrated Services Network.

(K) The director of each regional office of the Department.

(L) Each program director of the Central Office of the Department.

(3) Each report under this subsection—

(A) may not disclose information which identifies the individuals filing, or the individuals who are the subject of, the complaints concerned or the facilities at which the discrimination

identified in such complaints is alleged to have occurred;

(B) shall summarize such complaints by type and by equal

employment opportunity field office area in which filed; and

(C) shall include copies of such complaints, with the information described in subparagraph (A) redacted.

(4) Not later than April 1 each year, the Assistant Secretary

shall submit to the committees referred to in paragraph (1)(A) a report on the complaints covered by paragraph (1) during the preceding year, including the number of such complaints filed during

that year and the status and resolution of the investigation of such

complaints.

(f) The Secretary shall ensure that an employee of the Department who seeks counseling relating to employment discrimination

may elect to receive such counseling from an employee of the Department who carries out equal employment opportunity counseling functions on a full-time basis rather than from an employee

of the Department who carries out such functions on a part-time

basis.

(g) The number of employees of the Department whose duties include equal employment opportunity counseling functions as well

as other, unrelated functions may not exceed 40 full-time equivalent employees. Any such employee may be assigned equal employment opportunity counseling functions only at Department facilities in remote geographic locations (as determined by the Secretary). The Secretary may waive the limitation in the preceding

sentence in specific cases.

(h) The provisions of this section shall be implemented in a manner consistent with procedures applicable under regulations prescribed by the Equal Employment Opportunity Commission.

(Added P.L. 105–114, § 101(a)(1), Nov. 21, 1997, 111 Stat. 2278.)

SUBCHAPTER II—SPECIFIED FUNCTIONS

§ 521. Assistance to certain rehabilitation activities

(a) The Secretary may assist any organization named in or approved under section 5902 of this title in providing recreational activities which would further the rehabilitation of disabled veterans.

Such assistance may be provided only if—

(1) the activities are available to disabled veterans on a national basis; and

(2) a significant percentage of the individuals participating

in the activities are eligible for rehabilitative services under

chapter 17 of this title.
§ 521 CH. 5—AUTHORITY AND DUTIES OF THE SECRETARY 54

(b) The Secretary may accept from any appropriate source contributions of funds and other assistance to support the Secretary’s

provision of assistance for such activities.

(c)(1) Subject to paragraph (2), the Secretary may authorize the

use, for purposes approved by the Secretary in connection with the

activity involved, of the seal and other official symbols of the Department and the name ‘‘Department of Veterans Affairs’’ by—

(A) any organization which provides an activity described in

subsection (a) with assistance from the Secretary; and

(B) any individual or entity from which the Secretary accepts

a significant contribution under subsection (b) or an offer of

such a contribution.

(2) The use of such seal or name of any official symbol of the Department in an advertisement may be authorized by the Secretary

under this subsection only if—

(A) the Secretary has approved the advertisement; and

(B) the advertisement contains a clear statement that no

product, project, or commercial line of endeavor referred to in

the advertisement is endorsed by the Department of Veterans

Affairs.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 390.)

§ 522. Studies of rehabilitation of disabled persons

(a) The Secretary may conduct studies and investigations, and

prepare reports, relative to the rehabilitation of disabled persons,

the relative abilities, aptitudes, and capacities of the several groups

of the variously handicapped, and how their potentialities can best

be developed and their services best used in gainful and suitable

employment including the rehabilitation programs of foreign nations.

(b) In carrying out this section, the Secretary (1) may cooperate

with such public and private agencies as the Secretary considers

advisable; and (2) may employ consultants who shall receive a reasonable per diem, as prescribed by the Secretary, for each day actually employed, plus necessary travel and other expenses.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 390.)

§ 523. Coordination and promotion of other programs affecting veterans and their dependents

(a) The Secretary shall seek to achieve (1) the maximum feasible

effectiveness, coordination, and interrelationship of services among

all programs and activities affecting veterans and their dependents

carried out by and under all other departments, agencies, and instrumentalities of the executive branch, and (2) the maximum feasible coordination of such programs with programs carried out

under this title. The Secretary shall actively promote the effective

implementation, enforcement, and application of all provisions of

law and regulations providing for special consideration, emphasis,

or preference for veterans.

(b) The Secretary shall seek to achieve the effective coordination

of the provision, under laws administered by the Department, of

benefits and services (and information about such benefits and

services) with appropriate programs (and information about such
55 CH. 5—AUTHORITY AND DUTIES OF THE SECRETARY § 529

programs) conducted by State and local governmental agencies and

private entities at the State and local level. In carrying out this

subsection, the Secretary shall place special emphasis on veterans

who are 65 years of age or older.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 390.)

§ 525. Publication of laws relating to veterans

(a) The Secretary may compile and publish all Federal laws relating to veterans’ relief, including laws administered by the Department as well as by other agencies of the Government. Such

compilation and publication shall be in such form as the Secretary

considers advisable for the purpose of making currently available

in convenient form for the use of the Department and full-time representatives of the several service organizations an annotated, indexed, and cross-referenced statement of the laws providing veterans’ relief.

(b) The Secretary may maintain such compilation on a current

basis either by the publication, from time to time, of supplementary

documents or by complete revision of the compilation.

(c) The distribution of the compilation to the representatives of

the several service organizations shall be as determined by the Secretary.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 391.)

§ 527. Evaluation and data collection

(a) The Secretary, pursuant to general standards which the Secretary shall prescribe in regulations, shall measure and evaluate

on a continuing basis the effect of all programs authorized under

this title, in order to determine their effectiveness in achieving

stated goals in general, and in achieving such goals in relation to

their cost, their effect on related programs, and their structure and

mechanisms for delivery of services. Such information as the Secretary may consider necessary for purposes of such evaluations

shall be made available to the Secretary, upon request, by all departments, agencies, and instrumentalities of the executive branch.

(b) In carrying out this section, the Secretary shall collect, collate, and analyze on a continuing basis full statistical data regarding participation (including the duration thereof), provision of services, categories of beneficiaries, planning and construction of facilities, acquisition of real property, proposed excessing of land, accretion and attrition of personnel, and categorized expenditures attributable thereto, under all programs carried out under this title.

(c) The Secretary shall make available to the public, and on a

regular basis provide to the appropriate committees of the Congress, copies of all completed evaluative research studies and summaries of evaluations of program impact and effectiveness carried

out, and tabulations an analyses of all data collected, under this

section.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 391.)

§ 529. Annual report to Congress

The Secretary shall submit annually, at the close of each fiscal

year, a report in writing to Congress. Each such report shall—
§ 529 CH. 5—AUTHORITY AND DUTIES OF THE SECRETARY 56

(1) give an account of all moneys received and disbursed by

the Department for such fiscal year;

(2) describe the work done during such fiscal year; and

(3) state the activities of the Department for such fiscal year.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 391.)

§ 530. Annual report on program and expenditures for domestic response to weapons of mass destruction

(a) The Secretary shall submit to the Committees on Veterans’

Affairs of the Senate and House of Representatives an annual report, to be submitted each year at the time that the President submits the budget for the next fiscal year under section 1105 of title

31, on the activities of the Department relating to preparation for,

and participation in, a domestic medical response to an attack involving weapons of mass destruction.

(b) Each report under subsection (a) shall include the following:

(1) A statement of the amounts of funds and the level of personnel resources (stated in terms of full-time equivalent employees) expected to be used by the Department during the

next fiscal year in preparation for a domestic medical response

to an attack involving weapons of mass destruction, including

the anticipated source of those funds and any anticipated

shortfalls in funds or personnel resources to achieve the tasks

assigned the Department by the President in connection with

preparation for such a response.

(2) A detailed statement of the funds expended and personnel resources (stated in terms of full-time equivalent employees) used during the fiscal year preceding the fiscal year

during which the report is submitted in preparation for a domestic medical response to an attack involving weapons of

mass destruction or in response to such an attack, including

identification of the source of those funds and a description of

how those funds were expended.

(3) A detailed statement of the funds expended and expected

to be expended, and the personnel resources (stated in terms

of full-time equivalent employees) used and expected to be

used, during the fiscal year during which the report is submitted in preparation for a domestic medical response to an attack involving weapons of mass destruction or in response to

such an attack, including identification of the source of funds

expended and a description of how those funds were expended.

(c) This section shall expire on January 1, 2009.

(Added P.L. 105–368, § 906(a), Nov. 11, 1998, 112 Stat. 3361.)

§ 531. Requirement relating to naming of Department property

Except as expressly provided by law, a facility, structure, or real

property of the Department, and a major portion (such as a wing

or floor) of any such facility, structure, or real property, may be

named only for the geographic area in which the facility, structure,

or real property is located.

(Added P.L. 105–368, § 1001(a)(1), Nov. 11, 1998, 112 Stat. 3363.)
57 CH. 5—AUTHORITY AND DUTIES OF THE SECRETARY § 541

SUBCHAPTER III—ADVISORY COMMITTEES

§ 541. Advisory Committee on Former Prisoners of War

(a)(1) The Secretary shall establish an advisory committee to be

known as the Advisory Committee on Former Prisoners of War

(hereinafter in this section referred to as the ‘‘Committee’’).

(2)(A) The members of the Committee shall be appointed by the

Secretary from the general public and shall include—

(i) appropriate representatives of veterans who are former

prisoners of war;

(ii) individuals who are recognized authorities in fields pertinent to disabilities prevalent among former prisoners of war,

including authorities in epidemiology, mental health, nutrition,

geriatrics, and internal medicine; and

(iii) appropriate representatives of disabled veterans.

(B) The Committee shall also include, as ex officio members, the

Under Secretary for Health and the Under Secretary for Benefits,

or their designees.

(3) The Secretary shall determine the number, terms of service,

and pay and allowances of members of the Committee appointed by

the Secretary, except that the term of service of any such member

may not exceed three years.

(b) The Secretary shall, on a regular basis, consult with and seek

the advice of the Committee with respect to the administration of

benefits under this title for veterans who are former prisoners of

war and the needs of such veterans with respect to compensation,

health care, and rehabilitation.

(c)(1) Not later than July 1 of each odd-numbered year through

2003, the Committee shall submit to the Secretary a report on the

programs and activities of the Department that pertain to veterans

who are former prisoners of war. Each such report shall include—

(A) an assessment of the needs of such veterans with respect

to compensation, health care, and rehabilitation;

(B) a review of the programs and activities of the Department designed to meet such needs; and

(C) such recommendations (including recommendations for

administrative and legislative action) as the Committee considers to be appropriate.

(2) The Secretary shall, within 60 days after receiving each report under paragraph (1), submit to the Congress a copy of the report, together with any comments concerning the report that the

Secretary considers appropriate.

(3) The Committee may also submit to the Secretary such other

reports and recommendations as the Committee considers appropriate.

(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted to the Congress pursuant to that section.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 392; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 106–419, § 403(c)(2), Nov. 1, 2000, 114

Stat. 1864.)
§ 542 CH. 5—AUTHORITY AND DUTIES OF THE SECRETARY 58

§ 542. Advisory Committee on Women Veterans

(a)(1) The Secretary shall establish an advisory committee to be

known as the Advisory Committee on Women Veterans (hereinafter

in this section referred to as ‘‘the Committee’’).

(2)(A) The Committee shall consist of members appointed by the

Secretary from the general public, including— (i) representatives of women veterans;

(ii) individuals who are recognized authorities in fields pertinent to the needs of women veterans, including the gender-specific health-care needs of women; and

(iii) representatives of both female and male veterans with

service-connected disabilities, including at least one female veteran with a service-connected disability and at least one male

veteran with a service-connected disability.

(B) The Committee shall include, as ex officio members— (i) the Secretary of Labor (or a representative of the Secretary of Labor designated by the Secretary after consultation

with the Assistant Secretary of Labor for Veterans’ Employment);

(ii) the Secretary of Defense (or a representative of the Secretary of Defense designated by the Secretary of Defense after

consultation with the Defense Advisory Committee on Women

in the Services); and

(iii) the Under Secretary for Health and the Under Secretary

for Benefits, or their designees.

(C) The Secretary may invite representatives of other departments and agencies of the United States to participate in the meetings and other activities of the Committee.

(3) The Secretary shall determine the number, terms of service,

and pay and allowances of members of the Committee appointed by

the Secretary, except that a term of service of any such member

may not exceed three years. The Secretary may reappoint any such

member for additional terms of service.

(b) The Secretary shall, on a regular basis, consult with and seek

the advice of the Committee with respect to the administration of

benefits by the Department for women veterans, reports and studies pertaining to women veterans and the needs of women veterans

with respect to compensation, health care, rehabilitation, outreach,

and other benefits and programs administered by the Department,

including the Center for Women Veterans.

(c)(1) Not later than July 1 of each even-numbered year through

2004, the Committee shall submit to the Secretary a report on the

programs and activities of the Department that pertain to women

veterans. Each such report shall include— (A) an assessment of the needs of women veterans with respect to compensation, health care, rehabilitation, outreach,

and other benefits and programs administered by the Department;

(B) a review of the programs and activities of the Department designed to meet such needs; and

(C) such recommendations (including recommendations for

administrative and legislative action) as the Committee considers appropriate.
59 CH. 5—AUTHORITY AND DUTIES OF THE SECRETARY § 543

(2) The Secretary shall, within 60 days after receiving each report under paragraph (1), submit to the Congress a copy of the report, together with any comments concerning the report that the

Secretary considers appropriate.

(3) The Committee may also submit to the Secretary such other

reports and recommendations as the Committee considers appropriate.

(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted pursuant to such section.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 393; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 104–275, § 501(e)(1), Oct. 9, 1996, 110

Stat. 3341; P.L. 106–419, § 403(c)(3), Nov. 1, 2000, 114 Stat. 1864.)

§ 543. Advisory Committee on Prosthetics and Special-Disabilities Programs

(a) There is in the Department an advisory committee known as

the Advisory Committee on Prosthetics and Special-Disabilities

Programs (hereinafter in this section referred to as the ‘‘Committee’’).

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

relate to—

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

(2) the coordination of programs of the Department for the

development and testing of, and for information exchange regarding, prosthetic devices;

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

devices; and

(4) the adequacy of funding for the prosthetics and specialdisabilities programs of the Department.

(c) The Secretary shall, on a regular basis, consult with and seek

the advice of the Committee on the matters described in subsection

(b).

(d) Not later than January 15 of 1993, 1994, and 1995, the Committee shall submit to the Secretary and the Committees on Veterans’ Affairs of the Senate and House of Representatives a report

on the effectiveness of the prosthetics and special-disabilities programs administered by the Secretary during the preceding fiscal

year. Not more than 60 days after the date on which any such report is received by the Secretary, the Secretary shall submit a report to such committees commenting on the report of the Committee.

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

(1) spinal-cord-injured veterans;

(2) blind veterans;

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

(4) hearing-impaired veterans; and

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

life functions.
§ 544 CH. 5—AUTHORITY AND DUTIES OF THE SECRETARY 60

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

§ 544. Advisory Committee on Minority Veterans

(a)(1) The Secretary shall establish an advisory committee to be

known as the Advisory Committee on Minority Veterans (hereinafter in this section referred to as ‘‘the Committee’’).

(2)(A) The Committee shall consist of members appointed by the

Secretary from the general public, including—

(i) representatives of veterans who are minority group members;

(ii) individuals who are recognized authorities in fields pertinent to the needs of veterans who are minority group members;

(iii) veterans who are minority group members and who have

experience in a military theater of operations; and

(iv) veterans who are minority group members and who do

not have such experience.

(B) The Committee shall include, as ex officio members, the following:

(i) The Secretary of Labor (or a representative of the Secretary of Labor designated by the Secretary after consultation

with the Assistant Secretary of Labor for Veterans’ Employment).

(ii) The Secretary of Defense (or a representative of the Secretary of Defense designated by the Secretary of Defense).

(iii) The Secretary of the Interior (or a representative of the

Secretary of the Interior designated by the Secretary of the Interior).

(iv) The Secretary of Commerce (or a representative of the

Secretary of Commerce designated by the Secretary of Commerce).

(v) The Secretary of Health and Human Services (or a representative of the Secretary of Health and Human Services

designated by the Secretary of Health and Human Services).

(vi) The Under Secretary for Health and the Under Secretary

for Benefits, or their designees.

(C) The Secretary may invite representatives of other departments and agencies of the United States to participate in the meetings and other activities of the Committee.

(3) The Secretary shall determine the number, terms of service,

and pay and allowances of members of the Committee appointed by

the Secretary, except that a term of service of any such member

may not exceed three years. The Secretary may reappoint any such

member for additional terms of service.

(4) The Committee shall meet as often as the Secretary considers

necessary or appropriate, but not less often than twice each fiscal

year.

(b) The Secretary shall, on a regular basis, consult with and seek

the advice of the Committee with respect to the administration of

benefits by the Department for veterans who are minority group

members, reports and studies pertaining to such veterans and the

needs of such veterans with respect to compensation, health care,

rehabilitation, outreach, and other benefits and programs adminis-
61 CH. 5—AUTHORITY AND DUTIES OF THE SECRETARY § 545

tered by the Department, including the Center for Minority Veterans.

(c)(1) Not later than July 1 of each year, the Committee shall

submit to the Secretary a report on the programs and activities of

the Department that pertain to veterans who are minority group

members. Each such report shall include—

(A) an assessment of the needs of veterans who are minority

group members with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Department;

(B) a review of the programs and activities of the Department designed to meet such needs; and

(C) such recommendations (including recommendations for

administrative and legislative action) as the Committee considers appropriate.

(2) The Secretary shall, within 60 days after receiving each report under paragraph (1), submit to Congress a copy of the report,

together with any comments concerning the report that the Secretary considers appropriate.

(3) The Committee may also submit to the Secretary such other

reports and recommendations as the Committee considers appropriate.

(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted pursuant to such section.

(d) In this section, the term ‘‘minority group member’’ means an

individual who is—

(1) Asian American;

(2) Black;

(3) Hispanic;

(4) Native American (including American Indian, Alaskan

Native, and Native Hawaiian); or

(5) Pacific-Islander American.

(e) The Committee shall cease to exist December 31, 2003.

(Added P.L. 103–446, § 510(a), Nov. 2, 1994, 108 Stat. 4668; amended P.L. 104–275,

§ 501(e)(2), (f), Oct. 9, 1996, 110 Stat. 3341; P.L. 106–117, Nov. 30, 1999, § 803, 113

Stat. 1586.)

§ 545. Advisory Committee on the Readjustment of Veterans

(a)(1) There is in the Department the Advisory Committee on the

Readjustment of Veterans (hereinafter in this section referred to as

the ‘‘Committee’’).

(2) The Committee shall consist of not more than 18 members

appointed by the Secretary from among individuals who—

(A) have demonstrated significant civic or professional

achievement; and

(B) have experience with the provision of veterans benefits

and services by the Department.

(3) The Secretary shall seek to ensure that members appointed

to the Committee include individuals from a wide variety of geographic areas and ethnic backgrounds, individuals from veterans
§ 545 CH. 5—AUTHORITY AND DUTIES OF THE SECRETARY 62

service organizations, individuals with combat experience, and

women.

(4) The Secretary shall determine the terms of service and pay

and allowances of the members of the Committee, except that a

term of service may not exceed two years. The Secretary may reappoint any member for additional terms of service.

(b)(1) The Secretary shall, on a regular basis, consult with and

seek the advice of the Committee with respect to the provision by

the Department of benefits and services to veterans in order to assist veterans in the readjustment to civilian life.

(2)(A) In providing advice to the Secretary under this subsection,

the Committee shall—

(i) assemble and review information relating to the needs of

veterans in readjusting to civilian life;

(ii) provide information relating to the nature and character

of psychological problems arising from service in the Armed

Forces;

(iii) provide an on-going assessment of the effectiveness of

the policies, organizational structures, and services of the Department in assisting veterans in readjusting to civilian life;

and

(iv) provide on-going advice on the most appropriate means

of responding to the readjustment needs of veterans in the future.

(B) In carrying out its duties under subparagraph (A), the Committee shall take into special account the needs of veterans who

have served in a theater of combat operations.

(c)(1) Not later than March 31 of each year, the Committee shall

submit to the Secretary a report on the programs and activities of

the Department that relate to the readjustment of veterans to civilian life. Each such report shall include—

(A) an assessment of the needs of veterans with respect to

readjustment to civilian life;

(B) a review of the programs and activities of the Department designed to meet such needs; and

(C) such recommendations (including recommendations for

administrative and legislative action) as the Committee considers appropriate.

(2) Not later than 90 days after the receipt of a report under

paragraph (1), the Secretary shall transmit to the Committees on

Veterans’ Affairs of the Senate and House of Representatives a

copy of the report, together with any comments and recommendations concerning the report that the Secretary considers appropriate.

(3) The Committee may also submit to the Secretary such other

reports and recommendations as the Committee considers appropriate.

(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted pursuant to that section.
63 CH. 5—AUTHORITY AND DUTIES OF THE SECRETARY § 545

(d)(1) Except as provided in paragraph (2), the provisions of the

Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the

activities of the Committee under this section.

(2) Section 14 of such Act shall not apply to the Committee.

(Added P.L. 104–262, § 333(a)(1), (b), Oct. 9, 1996, 110 Stat. 3199, 3200; amended

P.L. 107–14, § 8(a)(16), June 5, 2001, 115 Stat. 35.)
(64)

CHAPTER 7—EMPLOYEES

Sec.

701. Placement of employees in military installations.

703. Miscellaneous authorities respecting employees.

705. Telephone service for medical officers and facility directors.

707. Benefits for employees at overseas offices who are United States citizens.

709. Employment restrictions.

711. Grade reductions.

712. [Repealed.]

§ 701. Placement of employees in military installations

The Secretary may place employees of the Department in such

Army, Navy, and Air Force installations as may be considered advisable for the purpose of adjudicating disability claims of, and giving aid and advice to, members of the Armed Forces who are about

to be discharged or released from active military, naval, or air service.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 394.)

§ 703. Miscellaneous authorities respecting employees

(a) The Secretary may furnish and launder such wearing apparel

as may be prescribed for employees in the performance of their official duties.

(b) The Secretary may transport children of Department employees located at isolated stations to and from school in available Government-owned automotive equipment.

(c) The Secretary may provide recreational facilities, supplies,

and equipment for the use of patients in hospitals and employees

in isolated installations.

(d) The Secretary may provide for the preparation, shipment, installation, and display of exhibits, photographic displays, moving

pictures, and other visual educational information and descriptive

material. For the purposes of the preceding sentence, the Secretary

may purchase or rent equipment.

(e) The Secretary may reimburse employees for the cost of repairing or replacing their personal property damaged or destroyed by

patients or domiciliary members while such employees are engaged

in the performance of their official duties.

(f)(1) The Secretary, upon determining that an emergency situation exists and that such action is necessary for the effective conduct of the affairs of the Department, may use Government-owned,

or leased, vehicles to transport employees to and from their place

of employment and the nearest adequate public transportation or,

if such public transportation is either unavailable or not feasible to

use, to and from their place of employment and their home.
65 CH. 7—EMPLOYEES § 707

(2) The Secretary shall establish reasonable rates to cover the

cost of the service rendered under this subsection, and all proceeds

collected therefrom shall be applied to the applicable appropriation.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 394.)

§ 705. Telephone service for medical officers and facility directors

The Secretary may pay for official telephone service and rental

in the field whenever incurred in case of official telephones for directors of centers, hospitals, independent clinics, domiciliaries, and

medical officers of the Department where such telephones are installed in private residences or private apartments or quarters,

when authorized under regulations prescribed by the Secretary.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 395.)

§ 707. Benefits for employees at overseas offices who are

United States citizens

(a) The Secretary may, under such rules and regulations as may

be prescribed by the President or the President’s designee, provide

to personnel of the Department who are United States citizens and

are assigned by the Secretary to the Department offices in the Republic of the Philippines allowances and benefits similar to those

provided by the following provisions of law:

(1) Section 905 of the Foreign Service Act of 1980 (relating

to allowances to provide for the proper representation of the

United States).

(2) Sections 901 (1), (2), (3), (4), (7), (8), (9), (11), and (12) of

the Foreign Service Act of 1980 (relating to travel expenses).

(3) Section 901(13) of the Foreign Service Act of 1980 (relating to transportation of automobiles).

(4) Section 903 of the Foreign Service Act of 1980 (relating

to the return of personnel to the United States on leave of absence).

(5) Section 904(d) of the Foreign Service Act of 1980 (relating

to payments by the United States of expenses for treating illness or injury of officers or employees and dependents requiring hospitalization).

(6) Section 5724a(c) of title 5 (relating to subsistence expenses for 60 days in connection with the return to the United

States of the employee and such employee’s immediate family).

(7) Section 5724a(d) of title 5 (relating to the sale and purchase of the residence or settlement of an unexpired lease of

the employee when transferred from one station to another station and both stations are in the United States, its territories

or possessions, or the Commonwealth of Puerto Rico).

(b) The authority in subsection (a) supplements, but is not in lieu

of, other allowances and benefits for overseas employees of the Department provided by title 5 and the Foreign Service Act of 1980

(22 U.S.C. 3901 et seq.).

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 395; amended P.L. 104–201,

§ 1723(a)(2), Sep. 23, 1996, 110 Stat. 2759.)
§ 709 CH. 7—EMPLOYEES 66

§ 709. Employment restrictions

(a)(1) Notwithstanding section 3134(d) of title 5, the number of

Senior Executive Service positions in the Department which are

filled by noncareer appointees in any fiscal year may not at any

time exceed 5 percent of the average number of senior executives

employed in Senior Executive Service positions in the Department

during the preceding fiscal year.

(2) For purposes of this subsection, the average number of senior

executives employed in Senior Executive Service positions in the

Department during a fiscal year shall be equal to 25 percent of the

sum of the total number of senior executives employed in Senior

Executive Service positions in the Department on the last day of

each quarter of such fiscal year.

(b) The number of positions in the Department which may be excepted from the competitive service, on a temporary or permanent

basis, because of their confidential or policy-determining character

may not exceed at any time the equivalent of 15 positions.

(c)(1) Political affiliation or activity may not be taken into account in connection with the appointment of any person to any position in or to perform any service for the Department or in the assignment or advancement of any employee in the Department.

(2) Paragraph (1) shall not apply— (A) to the appointment of any person by the President under

this title, other than the appointment of the Under Secretary

for Health, the Under Secretary for Benefits, and the Inspector

General; or

(B) to the appointment of any person to (i) a Senior Executive Service position as a noncareer appointee, or (ii) a position

that is excepted from the competitive service, on a temporary

or permanent basis, because of the confidential or policy-determining character of the position.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 395; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

§ 711. Grade reductions

(a) The Secretary may not implement a grade reduction described in subsection (b) unless the Secretary first submits to the

Committees on Veterans’ Affairs of the Senate and House of Representatives a report containing a detailed plan for such reduction

and a detailed justification for the plan. The report shall include

a determination by the Secretary (together with data supporting

such determination) that, in the personnel area concerned, the Department has a disproportionate number of employees at the salary

grade or grades selected for reduction in comparison to the number

of such employees at the salary levels involved who perform comparable functions in other departments and agencies of the Federal

Government and in non-Federal entities. Any grade reduction described in such report may not take effect until the end of a period

of 90 calendar days (not including any day on which either House

of Congress is not in session) after the report is received by the

committees.

(b) A grade reduction referred to in subsection (a) is a systematic

reduction, for the purpose of reducing the average salary cost for
67 CH. 7—EMPLOYEES § 712

Department employees described in subsection (c), in the number

of such Department employees at a specific grade level.

(c) The employees referred to in subsection (b) are—

(1) health-care personnel who are determined by the Secretary to be providing either direct patient-care services or

services incident to direct patient-care services;

(2) individuals who meet the definition of professional employee as set forth in section 7103(a)(15) of title 5; and

(3) individuals who are employed as computer specialists.

(d) Not later than the 45th day after the Secretary submits a report under subsection (a), the Comptroller General shall, upon request of either of such Committees, submit to such committees a

report on the Secretary’s compliance with such subsection. The

Comptroller General shall include in the report the Comptroller

General’s opinion as to the accuracy of the Secretary’s determination (and of the data supporting such determination) made under

such subsection.

(e) In the case of Department employees not described in subsection (c), the Secretary may not in any fiscal year implement a

systematic reduction for the purpose of reducing the average salary

cost for such Department employees that will result in a reduction

in the number of such Department employees at any specific grade

level at a rate greater than the rate of the reductions systematically being made in the numbers of employees at such grade level

in all other agencies and departments of the Federal Government

combined.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 396; amended P.L. 103–446,

§ 1201(e)(5), Nov. 2, 1994, 108 Stat. 4685; P.L. 104–316, § 119, Oct. 19, 1996, 110

Stat. 3836.)

[§ 712. Repealed. P.L. 107–103, § 509(a)(1).]
(68)

CHAPTER 9—SECURITY AND LAW ENFORCEMENT ON

PROPERTY UNDER THE JURISDICTION OF THE DEPARTMENT

Sec.

901. Authority to prescribe rules for conduct and penalties for violations.

902. Enforcement and arrest authority of Department police officers.

903. Uniform allowance.

904. Equipment and weapons.

905. Use of facilities and services of other law enforcement agencies.

§ 901. Authority to prescribe rules for conduct and penalties

for violations

(a)(1) The Secretary shall prescribe regulations to provide for the

maintenance of law and order and protection of persons and property on Department property.

(2) In this chapter, the term ‘‘Department property’’ means land

and buildings that are under the jurisdiction of the Department

and are not under control of the Administrator of General Services.

(b) Regulations under subsection (a) shall include—

(1) rules for conduct on Department property; and

(2) the penalties, within the limits specified in subsection (c),

for violations of such rules.

(c) Whoever violates any rule prescribed by regulation under subsection (b)(1) shall be fined in accordance with title 18 or imprisoned not more than six months, or both. The Secretary may prescribe by regulation a maximum fine less than that which would

otherwise apply under the preceding sentence or a maximum term

of imprisonment of a shorter period than that which would otherwise apply under the preceding sentence, or both. Any such regulation shall apply notwithstanding any provision of title 18 or any

other law to the contrary.

(d) The rules prescribed under subsection (a), together with the

penalties for violations of such rules, shall be posted conspicuously

on property to which they apply.

(e) The Secretary shall consult with the Attorney General before

prescribing regulations under this section.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 397.)

§ 902. Enforcement and arrest authority of Department police officers

(a)(1) 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
69 CH. 9—SECURITY AND LAW ENFORCEMENT § 903

(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.

(2) 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.

(3) 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.

(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 Secretary shall consult with the Attorney General before

prescribing regulations under paragraph (1) of subsection (b).

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

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 397.)

§ 903. Uniform allowance

(a) The Secretary may pay an allowance under this section for

the purchase of uniforms to any Department police officer who is

required to wear a prescribed uniform in the performance of official

duties.

(b) The amount of the allowance that the Secretary may pay

under this section— (1) may be based on estimated average costs or actual costs;

(2) may vary by geographic regions; and

(3) except as provided in subsection (c), may not exceed $200

in a fiscal year for any police officer.

(c) The amount of an allowance under this section may be in- creased to an amount up to $400 for not more than one fiscal year

in the case of any Department police officer. In the case of a person

who is appointed as a Department police officer on or after January

1, 1990, an allowance in an amount established under this subsection shall be paid at the beginning of such person’s employment

as such an officer. In the case of any other Department police officer, an allowance in an amount established under this subsection

shall be paid upon the request of the officer.

(d) A police officer who resigns as a police officer less than one

year after receiving an allowance in an amount established under

this section shall repay to the Department a pro rata share of the

amount paid, based on the number of months the officer was actually employed as such an officer during the twelve-month period

following the date on which such officer began such employment or
§ 903 CH. 9—SECURITY AND LAW ENFORCEMENT 70

the date on which the officer submitted a request for such an allowance, as the case may be.

(e) An allowance may not be paid to a Department police officer

under this section and under section 5901 of title 5 for the same

fiscal year.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 398.)

§ 904. Equipment and weapons

The Secretary shall furnish Department police officers with such

weapons and related equipment as the Secretary determines to be

necessary and appropriate.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 399.)

§ 905. Use of facilities and services of other law enforcement

agencies

With the permission of the head of the agency concerned, the

Secretary may use the facilities and services of Federal, State, and

local law enforcement agencies when it is economical and in the

public interest to do so.

(Added P.L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 399.)
(71)

PART II—GENERAL BENEFITS

CHAPTER Sec.

11. Compensation for Service-Connected Disability or

Death ............................................................................ 1101

13. Dependency and Indemnity Compensation for Service-Connected Deaths .................................................. 1301

15. Pension for Non-Service-Connected Disability or

Death or for Service .................................................... 1501

17. Hospital, Nursing Home, Domiciliary, and Medical

Care .............................................................................. 1701

18. Benefits for Children of Vietnam Veterans .................. 1802

19. Insurance ......................................................................... 1901

20. Benefits for Homeless Veterans ..................................... 2001

21. Specially Adapted Housing for Disabled Veterans ....... 2101

23. Burial Benefits ................................................................ 2301

24. National Cemeteries and Memorials ............................. 2400

(73)

CHAPTER 11—COMPENSATION FOR SERVICE–

CONNECTED DISABILITY OR DEATH

SUBCHAPTER I—GENERAL

Sec.

1101. Definitions.

1102. Special provisions relating to surviving spouses.

1103. Special provisions relating to claims based upon effects of tobacco products.

1104. Cost-of-living adjustments.

SUBCHAPTER II—WARTIME DISABILITY COMPENSATION

1110. Basic entitlement.

1111. Presumption of sound condition.

1112. Presumptions relating to certain diseases and disabilities.

1113. Presumptions rebuttable.

1114. Rates of wartime disability compensation.

1115. Additional compensation for dependents.

1116. Presumptions of service connection for diseases associated with exposure

to certain herbicide agents; presumption of exposure for veterans who

served in the Republic of Vietnam.

1117. Compensation for disabilities occurring in Persian Gulf War veterans.

1118. Presumptions of service connection for illnesses associated with service in

the Persian Gulf during the Persian Gulf War.

SUBCHAPTER III—WARTIME DEATH COMPENSATION

1121. Basic entitlement.

1122. Rates of wartime death compensation.

SUBCHAPTER IV—PEACETIME DISABILITY COMPENSATION

1131. Basic entitlement.

1132. Presumption of sound condition.

1133. Presumptions relating to certain diseases.

1134. Rates of peacetime disability compensation.

1135. Additional compensation for dependents.

1137. Wartime presumptions for certain veterans.

SUBCHAPTER V—PEACETIME DEATH COMPENSATION

1141. Basic entitlement.

1142. Rates of peacetime death compensation.

1143. [Repealed.]

SUBCHAPTER VI—GENERAL COMPENSATION PROVISIONS

1151. Benefits for persons disabled by treatment or vocational rehabilitation.

1152. Persons heretofore having a compensable status.

1153. Aggravation.

1154. Consideration to be accorded time, place, and circumstances of service.

1155. Authority for schedule for rating disabilities.

1156. [Repealed.]

1157. Combination of certain ratings.

1158. Disappearance.

1159. Protection of service connection.

1160. Special consideration for certain cases of loss of paired organs or extremities.

1161. Payment of disability compensation in disability severance cases.

1162. Clothing allowance.

1163. Trial work periods and vocational rehabilitation for certain veterans with

total disability ratings.
§ 1101 CH. 11—DISABILITY COMPENSATION 74

SUBCHAPTER I—GENERAL

§ 1101. Definitions

For the purposes of this chapter— (1) The term ‘‘veteran’’ includes a person who died in the active

military, naval, or air service.

(2) The term ‘‘period of war’’ includes, in the case of any

veteran—

(A) any period of service performed by such veteran after November 11, 1918, and before July 2, 1921, if such veteran

served in the active military, naval, or air service after April

5, 1917, and before November 12, 1918; and

(B) any period of continuous service performed by such veteran after December 31, 1946, and before July 26, 1947, if such

period began before January 1, 1947.

(3) The term ‘‘chronic disease’’ includes— Anemia, primary

Arteriosclerosis

Arthritis

Atrophy, progressive muscular

Brain hemorrhage

Brain thrombosis

Bronchiectasis

Calculi of the kidney, bladder, or gallbladder

Cardiovascular-renal disease, including hypertension

Cirrhosis of the liver

Coccidioidomycosis

Diabetes mellitus

Encephalitis lethargica residuals

Endocarditis

Endocrinopathies

Epilepsies

Hansen’s disease

Hodgkin’s disease

Leukemia

Lupus erythematosus, systemic

Myasthenia gravis

Myelitis

Myocarditis

Nephritis

Organic diseases of the nervous system

Osteitis deformans (Paget’s disease)

Osteomalacia

Palsy, bulbar

Paralysis agitans

Psychoses

Purpura idiopathic, hemorrhagic

Raynaud’s disease

Sarcoidosis

Scleroderma

Sclerosis, amyotrophic lateral

Sclerosis, multiple

Syringomyelia

Thromboangiitis obliterans (Buerger’s disease)
75 CH. 11—DISABILITY COMPENSATION § 1102

Tuberculosis, active

Tumors, malignant, or of the brain or spinal cord or

peripheral nerves

Ulcers, peptic (gastric or duodenal)

and such other chronic diseases as the Secretary may add to this

list.

(4) The term ‘‘tropical disease’’ includes—

Amebiasis

Blackwater fever

Cholera

Dracontiasis

Dysentery

Filiariasis

Hansen’s disease

Leishmaniasis, including kala-azar

Loiasis

Malaria

Onchocerciasis

Oroya fever

Pinta

Plague

Schistosomiasis

Yaws

Yellow fever

and such other tropical diseases as the Secretary may add to this

list.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1118, § 301; P.L. 94–433, §§ 401(2), (3), 404(1),

Sept. 30, 1976, 90 Stat. 1377, 1378; P.L. 98–160, § 702(2), Nov. 21, 1983, 97 Stat.

1009; P.L. 100–322, § 313, May 20, 1988, 102 Stat. 535; renumbered § 1101 and

amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1102. Special provisions relating to surviving spouses

(a) No compensation shall be paid to the surviving spouse of a

veteran under this chapter unless such surviving spouse was married to such veteran—

(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease

causing the death of the veteran was incurred or aggravated;

or

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage,

or was born to them before the marriage.

(b) Subsection (a) shall not be applicable to any surviving spouse

who, with respect to date of marriage, could have qualified as a

surviving spouse for death compensation under any law administered by the Secretary in effect on December 31, 1957.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1119, § 302; Pub. L. 90–77, § 101(a), Aug. 31,

1967, 81 Stat. 178; P.L. 94–433, § 404(2)-(4), Sept. 30, 1976, 90 Stat. 1378; renumbered § 1102 and amended P.L. 102–83, §§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403,

406.)
§ 1103 CH. 11—DISABILITY COMPENSATION 76

§ 1103. Special provisions relating to claims based upon effects of tobacco products

(a) Notwithstanding any other provision of law, a veteran’s disability or death shall not be considered to have resulted from personal injury suffered or disease contracted in the line of duty in the

active military, naval, or air service for purposes of this title on the

basis that it resulted from injury or disease attributable to the use

of tobacco products by the veteran during the veteran’s service.

(b) Nothing in subsection (a) shall be construed as precluding the

establishment of service connection for disability or death from a

disease or injury which is otherwise shown to have been incurred

or aggravated in active military, naval, or air service or which became manifest to the requisite degree of disability during any applicable presumptive period specified in section 1112 or 1116 of this

title.

(Added P.L. 105–206, July 22, 1998, 112 Stat. 865, § 8202.)

§ 1104. Cost-of-living adjustments

(a) In the computation of cost-of-living adjustments for fiscal

years 1998 through 2011 in the rates of, and dollar limitations applicable to, compensation payable under this chapter, such adjustments shall be made by a uniform percentage that is no more than

the percentage equal to the social security increase for that fiscal

year, with all increased monthly rates and limitations (other than

increased rates or limitations equal to a whole dollar amount)

rounded down to the next lower whole dollar amount.

(b) For purposes of this section, the term ‘‘social security increase’’ means the percentage by which benefit amounts payable

under title II of the Social Security Act (42 U.S.C. 401 et seq.) are

increased for any fiscal year as a result of a determination under

section 215(i) of such Act (42 U.S.C. 415(i)).

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1119, § 302; P.L. 86–491, June 8, 1960, 74 Stat.

161; P.L. 90–77, § 101(a), Aug. 31, 1967, 81 Stat. 178; P.L. 94–433, § 404(2)–(4),

Sept. 30, 1976, 90 Stat. 1378; renumbered § 1102 and amended P.L. 102–83,

§§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406; P.L. 105–33, Aug. 5, 1997, 111 Stat.

668, § 8031(a)(1); P.L. 105–368, § 1005(a), Nov. 11, 1998, 112 Stat. 3364; P.L. 107–

103, § 205, Dec. 27, 2001, 115 Stat. 990.)

SUBCHAPTER II—WARTIME DISABILITY COMPENSATION

§ 1110. Basic entitlement

For disability resulting from personal injury suffered or disease

contracted in line of duty, or for aggravation of a preexisting injury

suffered or disease contracted in line of duty, in the active military,

naval, or air service, during a period of war, the United States will

pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of

service in which said injury or disease was incurred, or preexisting

injury or disease was aggravated, compensation as provided in this

subchapter, but no compensation shall be paid if the disability is

a result of the person’s own willful misconduct or abuse of alcohol

or drugs.
77 CH. 11—DISABILITY COMPENSATION § 1112

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1119, § 310; P.L. 101–508, § 8052(a)(2), Nov. 5,

1990, 104 Stat. 1388–351; renumbered § 1110, P.L. 102–83, § 5(a), Aug. 6, 1991, 105

Stat. 406.)

§ 1111. Presumption of sound condition

For the purposes of section 1110 of this title, every veteran shall

be taken to have been in sound condition when examined, accepted,

and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment, or where clear and unmistakable evidence demonstrates that

the injury or disease existed before acceptance and enrollment and

was not aggravated by such service.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1119, § 311; renumbered § 1111 and amended

P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 1112. Presumptions relating to certain diseases and disabilities

(a) For the purposes of section 1110 of this title, and subject to

the provisions of section 1113 of this title, in the case of any veteran who served for ninety days or more during a period of war—

(1) a chronic disease becoming manifest to a degree of 10

percent or more within one year from the date of separation

from such service;

(2) a tropical disease, and the resultant disorders or disease

originating because of therapy, administered in connection

with such diseases, or as a preventative thereof, becoming

manifest to a degree of 10 percent or more within one year

from the date of separation from such service, or at a time

when standard or accepted treatises indicate that the incubation period thereof commenced during such service;

(3) active tuberculous disease developing a 10 percent degree

of disability or more within three years from the date of separation from such service;

(4) multiple sclerosis developing a 10 percent degree of disability or more within seven years from the date of separation

from such service;

(5) Hansen’s disease developing a 10 percent degree of disability or more within three years from the date of separation

from such service;

shall be considered to have been incurred in or aggravated by such

service, notwithstanding there is no record of evidence of such disease during the period of service.

(b) For the purposes of section 1110 of this title and subject to

the provisions of section 1113 of this title, in the case of a veteran

who is a former prisoner of war and who was detained or interned

for not less than thirty days, the disease of—

(1) avitaminosis,

(2) beriberi (including beriberi heart disease),

(3) chronic dysentery,

(4) helminthiasis,

(5) malnutrition (including optic atrophy associated with

malnutrition),

(6) pellagra,

(7) any other nutritional deficiency,
§ 1112 CH. 11—DISABILITY COMPENSATION 78

(8) psychosis,

(9) any of the anxiety states,

(10) dysthymic disorder (or depressive neurosis),

(11) organic residuals of frostbite, if the Secretary determines that the veteran was interned in climatic conditions consistent with the occurrence of frostbite,

(12) post-traumatic osteoarthritis,

(13) peripheral neuropathy except where directly related to

infectious causes,

(14) irritable bowel syndrome, or

(15) peptic ulcer disease,

which became manifest to a degree of 10 percent or more after active military, naval, or air service shall be considered to have been

incurred in or aggravated by such service, notwithstanding that

there is no record of such disease during the period of service.

(c)(1) For the purposes of section 1110 of this title, and subject

to the provisions of section 1113 of this title, a disease specified in

paragraph (2) of this subsection becoming manifest in a radiationexposed veteran shall be considered to have been incurred in or aggravated during active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during

a period of such service.

(2) The diseases referred to in paragraph (1) of this subsection

are the following:

(A) Leukemia (other than chronic lymphocytic leukemia).

(B) Cancer of the thyroid.

(C) Cancer of the breast.

(D) Cancer of the pharynx.

(E) Cancer of the esophagus.

(F) Cancer of the stomach.

(G) Cancer of the small intestine.

(H) Cancer of the pancreas.

(I) Multiple myeloma.

(J) Lymphomas (except Hodgkin’s disease).

(K) Cancer of the bile ducts.

(L) Cancer of the gall bladder.

(M) Primary liver cancer (except if cirrhosis or hepatitis B is

indicated).

(N) Cancer of the salivary gland.

(O) Cancer of the urinary tract.

(P) Bronchiolo-alveolar carcinoma.

(3) For the purposes of this subsection:

(A) The term ‘‘radiation-exposed veteran’’ means (i) a veteran

who, while serving on active duty, participated in a radiationrisk activity, or (ii) an individual who, while a member of a reserve component of the Armed Forces, participated in a radiation-risk activity during a period of active duty for training or

inactive duty training.

(B) The term ‘‘radiation-risk activity’’ means any of the following:

(i) Onsite participation in a test involving the atmospheric detonation of a nuclear device (without regard to

whether the nation conducting the test was the United

States or another nation).
79 CH. 11—DISABILITY COMPENSATION § 1114

(ii) The occupation of Hiroshima or Nagasaki, Japan, by

United States forces during the period beginning on August 6, 1945, and ending on July 1, 1946.

(iii) Internment as prisoner of war in Japan (or service

on active duty in Japan immediately following such internment) during World War II which (as determined by the

Secretary) resulted in an opportunity for exposure to ionizing radiation comparable to that of veterans described in

clause (ii) of this subparagraph.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1120, § 312; P.L. 86–187, Aug. 25, 1959, 73

Stat. 418; P.L. 86–188, Aug. 25, 1959, 73 Stat. 418; P.L. 87–645, § 3, Sept. 7, 1962,

76 Stat. 442; P.L. 91–376, § 3(a), (b), Aug. 12, 1970, 84 Stat. 788, 789; P.L. 97–37,

§ 4(a), Aug. 14, 1981, 95 Stat. 936; P.L. 98–223, §§ 101(c), 111, Mar. 2, 1984, 98 Stat.

38, 40; P.L. 99–576, § 108(a), Oct. 28, 1986, 100 Stat. 3252; P.L. 100–321, § 2(a), May

20, 1988, 102 Stat. 485; P.L. 100–322, § 312, May 20, 1988, 102 Stat. 534; renumbered § 1112 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 404–406; P.L. 102–86, §§ 104(a), 105, Aug. 14, 1991, 105 Stat. 415; P.L.

102–578, § 2(a), Oct. 30, 1992, 106 Stat. 4774; P.L. 103–446, § 501(a), Nov. 2, 1994,

108 Stat. 4663; P.L. 106–117, Nov. 30, 1999, § 503, 113 Stat. 1575.)

§ 1113. Presumptions rebuttable

(a) Where there is affirmative evidence to the contrary, or evidence to establish that an intercurrent injury or disease which is

a recognized cause of any of the diseases or disabilities within the

purview of section 1112, 1116, 1117, or 1118 of this title, has been

suffered between the date of separation from service and the onset

of any such diseases or disabilities, or the disability is due to the

veteran’s own willful misconduct, service-connection pursuant to

section 1112, 1116, or 1118 of this title, or payments of compensation pursuant to section 1117 of this title, will not be in order.

(b) Nothing in section 1112, 1116, 1117, or 1118 of this title, subsection (a) of this section, or section 5 of Public Law 98–542 (38

U.S.C. 1154 note) shall be construed to prevent the granting of

service-connection for any disease or disorder otherwise shown by

sound judgment to have been incurred in or aggravated by active

military, naval, or air service.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1120, § 313; P.L. 102–4, § 2(b), Feb. 6, 1991,

105 Stat. 13; renumbered § 1113 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406; P.L. 103–446, § 106(b), § 501(b)(1), Nov. 2, 1994, 108 Stat. 4651,

4663; P.L. 105–277, § 1602(b), Oct. 21, 1998, 112 Stat. 2681–744.)

§ 1114. Rates of wartime disability compensation

For the purposes of section 1110 of this title—

(a) if and while the disability is rated 10 percent the monthly

compensation shall be $103;

(b) if and while the disability is rated 20 percent the monthly

compensation shall be $199;

(c) if and while the disability is rated 30 percent the monthly

compensation shall be $306;

(d) if and while the disability is rated 40 percent the monthly

compensation shall be $439;

(e) if and while the disability is rated 50 percent the monthly

compensation shall be $625;

(f) if and while the disability is rated 60 percent the monthly

compensation shall be $790;
§ 1114 CH. 11—DISABILITY COMPENSATION 80

(g) if and while the disability is rated 70 percent the monthly compensation shall be $995;

(h) if and while the disability is rated 80 percent the month- ly compensation shall be $1,155;

(i) if and while the disability is rated 90 percent the monthly compensation shall be $1,299;

(j) if and while the disability is rated as total the monthly compensation shall be $2,163;

(k) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one

or more creative organs, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, has

suffered complete organic aphonia with constant inability to

communicate by speech, or deafness of both ears, having absence of air and bone conduction, or, in the case of a woman

veteran, has suffered the anatomical loss of one or both breasts

(including loss by mastectomy), the rate of compensation therefor shall be $80 per month for each such loss or loss of use

independent of any other compensation provided in subsections

(a) through (j) or subsection (s) of this section but in no event

to exceed $2,691 per month; and in the event the veteran has

suffered one or more of the disabilities heretofore specified in

this subsection, in addition to the requirement for any of the

rates specified in subsections (l) through (n) of this section, the

rate of compensation shall be increased by $80 per month for

each such loss or loss of use, but in no event to exceed $3,775

per month;

(l) if the veteran, as the result of service-connected disability,

has suffered the anatomical loss or loss of use of both feet, or

of one hand and one foot, or is blind in both eyes, with 5/200

visual acuity or less, or is permanently bedridden or so helpless as to be in need of regular aid and attendance, the monthly compensation shall be $2,691;

(m) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of both

hands, or of both legs at a level, or with complications, preventing natural knee action with prostheses in place, or of one

arm and one leg at levels, or with complications, preventing

natural elbow and knee action with prostheses in place, or has

suffered blindness in both eyes having only light perception, or

has suffered blindness in both eyes, rendering such veteran so

helpless as to be in need of regular aid and attendance, the

monthly compensation shall be $2,969;

(n) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of both

arms at levels, or with complications, preventing natural elbow

action with prostheses in place, has suffered the anatomical

loss of both legs so near the hip as to prevent the use of prosthetic appliances, or has suffered the anatomical loss of one

arm and one leg so near the shoulder and hip as to prevent

the use of prosthetic appliances, or has suffered the anatomical

loss of both eyes, or has suffered blindness without light perception in both eyes, the monthly compensation shall be

$3,378;
81 CH. 11—DISABILITY COMPENSATION § 1114

1Subsection (q), repealed by sec. 4(a) of Public Law 90–493, provided as follows: ‘‘(q) If the veteran is shown to have had service-connected disability resulting from an active

tuberculosis disease, which disease in the judgment of the Administrator has reached a condition of complete arrest, the monthly compensation shall not be less than $67.’’ Section 4(b), Public Law 90–493 provides: ‘‘(b) The repeals made by subsection (a) of this section shall not apply in the case of any veteran who, on the date of enactment of this Act [Aug. 19, 1968], was receiving or entitled to receive compensation for tuberculosis which in the judgment of the Administrator had reached a

condition of complete arrest.’’

(o) if the veteran, as the result of service-connected disability, has suffered disability under conditions which would

entitle such veteran to two or more of the rates provided in one

or more subsections (l) through (n) of this section, no condition

being considered twice in the determination, or if the veteran

has suffered bilateral deafness (and the hearing impairment in

either one or both ears is service connected) rated at 60 percent or more disabling and the veteran has also suffered service-connected total blindness with 5/200 visual acuity or less,

or if the veteran has suffered service-connected total deafness

in one ear or bilateral deafness (and the hearing impairment

in either one or both ears is service connected) rated at 40 percent or more disabling and the veteran has also suffered service-connected blindness having only light perception or less, or

if the veteran has suffered the anatomical loss of both arms so

near the shoulder as to prevent the use of prosthetic appliances, the monthly compensation shall be $3,775;

(p) in the event the veteran’s service-connected disabilities

exceed the requirements for any of the rates prescribed in this

section, the Secretary may allow the next higher rate or an intermediate rate, but in no event in excess of $3,775. In the

event the veteran has suffered service-connected blindness

with 5/200 visual acuity or less and (1) has also suffered bilateral deafness (and the hearing impairment in either one or

both ears is service connected) rated at no less than 30 percent

disabling, the Secretary shall allow the next higher rate, or (2)

has also suffered service-connected total deafness in one ear or

service-connected anatomical loss or loss of use of one hand or

one foot, the Secretary shall allow the next intermediate rate,

but in no event in excess of $3,775. In the event the veteran

has suffered service-connected blindness, having only light perception or less, and has also suffered bilateral deafness (and

the hearing impairment in either one or both ears is service

connected) rated at 10 or 20 percent disabling, the Secretary

shall allow the next intermediate rate, but in no event in excess of $3,775. In the event the veteran has suffered the anatomical loss or loss of use, or a combination of anatomical loss

and loss of use, of three extremities, the Secretary shall allow

the next higher rate or intermediate rate, but in no event in

excess of $3,775. Any intermediate rate under this subsection

shall be established at the arithmetic mean, rounded down to

the nearest dollar, between the two rates concerned;

[(q) Repealed. P.L. 90–493, § 4(a).] 1

(r) Subject to section 5503(c) of this title, if any veteran, otherwise entitled to compensation authorized under subsection

(o) of this section, at the maximum rate authorized under sub-
§ 1114 CH. 11—DISABILITY COMPENSATION 82

section (p) of this section, or at the intermediate rate authorized between the rates authorized under subsections (n) and (o)

of this section and at the rate authorized under subsection (k)

of this section, is in need of regular aid and attendance, then,

in addition to such compensation— (1) the veteran shall be paid a monthly aid and attend- ance allowance at the rate of $1,621; or

(2) if the veteran, in addition to such need for regular

aid and attendance, is in need of a higher level of care,

such veteran shall be paid a monthly aid and attendance

allowance at the rate of $2,413, in lieu of the allowance authorized in clause (1) of this subsection, if the Secretary

finds that the veteran, in the absence of the provision of

such care, would require hospitalization, nursing home

care, or other residential institutional care.

For the purposes of clause (2) of this subsection, need for a

higher level of care shall be considered to be need for personal

health-care services provided on a daily basis in the veteran’s

home by a person who is licensed to provide such services or

who provides such services under the regular supervision of a

licensed health-care professional. The existence of the need for

such care shall be determined by a physician employed by the

Department or, in areas where no such physician is available,

by a physician carrying out such function under contract or fee

arrangement based on an examination by such physician. For

the purposes of section 1134 of this title, such allowance shall

be considered as additional compensation payable for disability.

(s) If the veteran has a service-connected disability rated as

total, and (1) has additional service-connected disability or disabilities independently ratable at 60 percent or more, or, (2) by

reason of such veteran’s service-connected disability or disabilities, is permanently housebound, then the monthly compensation shall be $2,422. For the purposes of this subsection, the

requirement of ‘‘permanently housebound’’ will be considered to

have been met when the veteran is substantially confined to

such veteran’s house (ward or clinical areas, if institutionalized) or immediate premises due to a service-connected disability or disabilities which it is reasonably certain will remain

throughout such veteran’s lifetime.

[(t) Repealed. P.L. 99–576, § 109(b).]

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1120, § 314; P.L. 85–782, § 2, Aug. 27, 1958,

72 Stat. 936; P.L. 86–663, § 1, July 14, 1960, 74 Stat. 528; P.L. 87–645, §§ 1(a), 2(a),

Sept. 7, 1962, 76 Stat. 441; P.L. 88–20, § 1, May 15, 1963, 77 Stat. 17; P.L. 88–22,

§ 1, May 15, 1963, 77 Stat. 18; P.L. 89–311, §§ 1(a), 3(d), (e), Oct. 31, 1965, 79 Stat.

1154, 1155; P.L. 90–77, § 401, Aug. 31, 1967, 81 Stat. 190; P.L. 90–493, §§ 1(a), 4(a),

Aug. 19, 1968, 82 Stat. 808, 809; P.L. 91–376, § 1(a), Aug. 12, 1970, 84 Stat. 787;

P.L. 92–328, § 101(a), June 30, 1972, 86 Stat. 393; P.L. 93–295, § 101(a), May 31,

1974, 88 Stat. 181; P.L. 94–71, § 101(a), Aug. 5, 1975, 89 Stat. 395; P.L. 94–433,

§ 101(a), §§ 401(4), (5), 404(6)–(8), Sept. 30, 1976, 90 Stat. 1374, 1377, 1378; P.L. 95–

117, § 101(a), Oct. 3, 1977, 91 Stat. 1063; P.L. 95–479, § 101(a)–(d), Oct. 18, 1978,

92 Stat. 1560, 1561; P.L. 96–128, §§ 101(a), 104, 105, Nov. 28, 1979, 93 Stat. 982,

984; P.L. 96–385, § 101(a), Oct. 7, 1980, 94 Stat. 1528; P.L. 97–66, §§ 101(a), 104,

Oct. 17, 1981, 95 Stat. 1026, 1027; P.L. 97–253, §§ 404(a), 405(b), Sept. 8, 1982, 96

Stat. 803; P.L. 97–306, §§ 101(a), 107, 111(a), (b), Oct. 14, 1982, 96 Stat. 1429, 1431,

1432; P.L. 98–223, §§ 101(a), 112, Mar. 2, 1984, 98 Stat. 37, 40; P.L. 98–543,

§ 101(a), Oct. 24, 1984, 98 Stat. 2735; P.L. 99–238, § 101(a), Jan. 13, 1986, 99 Stat.
83 CH. 11—DISABILITY COMPENSATION § 1115

1765; P.L. 99–576, §§ 101(a), 109(b), Oct. 28, 1986, 100 Stat. 3250, 3253; P.L. 100– 227, § 101(a), Dec. 31, 1987, 101 Stat. 1552; P.L. 100–687, § 1101(a), Nov. 18, 1988,

102 Stat. 4123; P.L. 101–237, § 101(a), Dec. 18, 1989, 103 Stat. 2062; P.L. 102–3,

§ 2(a), Feb. 6, 1991, 105 Stat. 7; P.L. 102–40, § 402(d)(1), May 7, 1991, 105 Stat. 239;

renumbered § 1114 and amended P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 102–152, § 2(a), Nov. 12, 1991, 105 Stat.

985; P.L. 103–78, § 1, Aug. 13, 1993, 107 Stat. 767; P.L. 103–140, § 2, Nov. 11, 1993,

107 Stat. 1485; P.L. 105–98, § 2(a), Nov. 19, 1997, 111 Stat. 2155; P.L. 106–118,

§ 2(a), Nov. 30, 1999, 113 Stat. 1601; P.L. 106–419, § 302, Nov. 1, 2000, 114 Stat.

1853; P.L. 107–94, § 2(a), Dec. 21, 2001, 115 Stat. 900; P.L. 107–103, § 204(b)(1),

Dec. 27, 2001, 115 Stat. 990.)

§ 1115. Additional compensation for dependents

Any veteran entitled to compensation at the rates provided in

section 1114 of this title, and whose disability is rated not less than

30 percent, shall be entitled to additional compensation for dependents in the following monthly amounts:

(1) If and while rated totally disabled and— (A) has a spouse but no child, $124;

(B) has a spouse and one or more children, $213 plus $64 for each child in excess of one; (C) has no spouse but one or more children, $84 plus $64

for each child in excess of one;

(D) has a parent dependent upon such veteran for sup- port, then, in addition to the above amounts, $100 for each

parent so dependent;

(E) notwithstanding the other provisions of this paragraph, the monthly payable amount on account of a spouse

who is (i) a patient in a nursing home or (ii) helpless or

blind, or so nearly helpless or blind as to need or require

the regular aid and attendance of another person, shall be

$234 for a totally disabled veteran and proportionate

amounts for partially disabled veterans in accordance with

paragraph (2) of this section; and

(F) notwithstanding the other provisions of this paragraph, the monthly amount payable on account of each

child who has attained the age of eighteen years and who

is pursuing a course of instruction at an approved educational institution shall be $196 for a totally disabled veteran and proportionate amounts for partially disabled veterans in accordance with paragraph (2) of this section.

(2) If and while rated partially disabled, but not less than 30

percent, in an amount having the same ratio to the amount

specified in paragraph (1) of this section as the degree of disability bears to total disability. The amounts payable under

this paragraph, if not a multiple of $1, shall be rounded down

to the nearest dollar.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1121, § 315; P.L. 86–499, § 1, June 8, 1960, 74

Stat. 165; P.L. 89–137, § 1(b), Aug. 26, 1965, 79 Stat. 576; P.L. 89–311, § 2(a), (b),

Oct. 31, 1965, 79 Stat. 1154, 1155; P.L. 91–376, § 2, Aug. 12, 1970, 84 Stat. 788;

P.L. 92–328, § 102, June 30, 1972, 86 Stat. 394; P.L. 93–295, § 102, May 31, 1974,

88 Stat. 181; P.L. 94–71, § 102, Aug. 5, 1975, 89 Stat. 396; P.L. 94–433, § 102,

§ 404(9)–(11), Sept. 30, 1976, 90 Stat. 1375, 1378; P.L. 95–117, § 102, Oct. 3, 1977,

91 Stat. 1064; P.L. 95–479, § 102, Oct. 18, 1978, 92 Stat. 1562; P.L. 96–128, § 102,

Nov. 28, 1979, 93 Stat. 983; P.L. 96–385, § 102, Oct. 7, 1980, 94 Stat. 1529; P.L.

97–66, § 102, Oct. 17, 1981, 95 Stat. 1027; P.L. 97–253, §§ 404(b), 405(c), Sept. 8,

1982, 96 Stat. 803; P.L. 97–306, §§ 102, 107, Oct. 14, 1982, 96 Stat. 1430, 1431; P.L.

98–223, § 102, Mar. 2, 1984, 98 Stat. 38; P.L. 98–543, § 102, Oct. 24, 1984, 98 Stat.
§ 1115 CH. 11—DISABILITY COMPENSATION 84

2736; P.L. 99–238, § 102, Jan. 13, 1986, 99 Stat. 1766; P.L. 99–576, § 102, Oct. 28,

1986, 100 Stat. 3251; P.L. 100–227, § 102, Dec. 31, 1987, 101 Stat. 1553; P.L. 100– 687, § 1102, Nov. 18, 1988, 102 Stat. 4123; P.L. 101–237, § 102, Dec. 18, 1989, 103

Stat. 2063; P.L. 102–3, § 3, Feb. 6, 1991, 105 Stat. 8; renumbered § 1115 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–152, § 3, Nov.

12, 1991, 105 Stat. 986; P.L. 103–78, § 2, Aug. 13, 1993, 107 Stat. 768; P.L. 103– 140, § 3, Nov. 11, 1993, 107 Stat. 1486; P.L. 105–98, § 3, Nov. 19, 1997, 111 Stat.

2156; P.L. 106–118, § 3, Nov. 30, 1999, 113 Stat. 1602; P.L. 107–94, § 3, Dec. 21,

2001, 115 Stat. 901.)

§ 1116. Presumptions of service connection for diseases associated with exposure to certain herbicide agents;

presumption of exposure for veterans who served

in the Republic of Vietnam

(a)(1) For the purposes of section 1110 of this title, and subject

to section 1113 of this title— (A) a disease specified in paragraph (2) of this subsection becoming manifest as specified in that paragraph in a veteran

who, during active military, naval, or air service, served in the

Republic of Vietnam during the period beginning on January

9, 1962, and ending on May 7, 1975; and

(B) each additional disease (if any) that (i) the Secretary determines in regulations prescribed under this section warrants

a presumption of service-connection by reason of having positive association with exposure to an herbicide agent, and (ii)

becomes manifest within the period (if any) prescribed in such

regulations in a veteran who, during active military, naval, or

air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975,

era and while so serving was exposed to that herbicide agent,

shall be considered to have been incurred in or aggravated by such

service, notwithstanding that there is no record of evidence of such

disease during the period of such service.

(2) The diseases referred to in paragraph (1)(A) of this subsection

are the following:

(A) Non-Hodgkin’s lymphoma becoming manifest to a degree

of disability of 10 percent or more.

(B) Each soft-tissue sarcoma becoming manifest to a degree

of disability of 10 percent or more other than osteosarcoma,

chondrosarcoma, Kaposi’s sarcoma, or mesothelioma.

(C) Chloracne or another acneform disease consistent with

chloracne becoming manifest to a degree of disability of 10 percent or more within one year after the last date on which the

veteran performed active military, naval, or air service in the

Republic of Vietnam during the period beginning on January

9, 1962, and ending on May 7, 1975.

(D) Hodgkin’s disease becoming manifest to a degree of disability of 10 percent or more.

(E) Porphyria cutanea tarda becoming manifest to a degree

of disability of 10 percent or more within a year after the last

date on which the veteran performed active military, naval, or

air service in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975.

(F) Respiratory cancers (cancer of the lung, bronchus, larynx,

or trachea) becoming manifest to a degree of disability of 10

percent or more.
85 CH. 11—DISABILITY COMPENSATION § 1116

(G) Multiple myeloma becoming manifest to a degree of disability of 10 percent or more.

(H) Diabetes Mellitus (Type 2).

(3) For purposes of this section, the term ‘‘herbicide agent’’ means

a chemical in an herbicide used in support of the United States and

allied military operations in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975.

(b)(1) Whenever the Secretary determines, on the basis of sound

medical and scientific evidence, that a positive association exists

between (A) the exposure of humans to an herbicide agent, and (B)

the occurrence of a disease in humans, the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for that disease for the purposes of this section.

(2) In making determinations for the purpose of this subsection,

the Secretary shall take into account (A) reports received by the

Secretary from the National Academy of Sciences under section 3

of the Agent Orange Act of 1991, and (B) all other sound medical

and scientific information and analyses available to the Secretary.

In evaluating any study for the purpose of making such determinations, the Secretary shall take into consideration whether the results are statistically significant, are capable of replication, and

withstand peer review.

(3) An association between the occurrence of a disease in humans

and exposure to an herbicide agent shall be considered to be positive for the purposes of this section if the credible evidence for the

association is equal to or outweighs the credible evidence against

the association.

(c)(1)(A) Not later than 60 days after the date on which the Secretary receives a report from the National Academy of Sciences

under section 3 of the Agent Orange Act of 1991, the Secretary

shall determine whether a presumption of service connection is

warranted for each disease covered by the report. If the Secretary

determines that such a presumption is warranted, the Secretary,

not later than 60 days after making the determination, shall issue

proposed regulations setting forth the Secretary’s determination.

(B) If the Secretary determines that a presumption of service

connection is not warranted, the Secretary, not later than 60 days

after making the determination, shall publish in the Federal Register a notice of that determination. The notice shall include an explanation of the scientific basis for that determination. If the disease already is included in regulations providing for a presumption

of service connection, the Secretary, not later than 60 days after

publication of the notice of a determination that the presumption

is not warranted, shall issue proposed regulations removing the

presumption for the disease.

(2) Not later than 90 days after the date on which the Secretary

issues any proposed regulations under this subsection, the Secretary shall issue final regulations. Such regulations shall be effective on the date of issuance.

(d) Whenever a disease is removed from regulations prescribed

under this section—

(1) a veteran who was awarded compensation for such disease on the basis of the presumption provided in subsection (a)
§ 1117 CH. 11—DISABILITY COMPENSATION 86

before the effective date of the removal shall continue to be entitled to receive compensation on that basis; and

(2) a survivor of a veteran who was awarded dependency and

indemnity compensation for the death of a veteran resulting

from such disease on the basis of such presumption shall continue to be entitled to receive dependency and indemnity compensation on such basis.

(e) Subsections (b) through (d) shall cease to be effective on

September 30, 2015.

(f) For purposes of establishing service connection for a disability

or death resulting from exposure to a herbicide agent, including a

presumption of service-connection under this section, a veteran

who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962,

and ending on May 7, 1975, shall be presumed to have been exposed during such service to an herbicide agent containing dioxin

or 2,4-dichlorophenoxyacetic acid, and may be presumed to have

been exposed during such service to any other chemical compound

in an herbicide agent, unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during

that service.

(Added P.L. 102–4, § 2(a)(1), Feb. 6, 1991, 105 Stat. 11, § 316; renumbered § 1116

and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 103–446,

§ 505, § 1201(e)(6), Nov. 2, 1994, 108 Stat. 4664, 4685; P.L. 104–275, § 505(b), Oct.

9, 1996, 110 Stat. 3342; P.L. 106–419, § 404(a)(1), Nov. 1, 2000, 114 Stat. 1864; P.L.

107–103, § 201(a)(1)(A), (b), (c)(1), (c)(2)(A), (d)(1), Dec. 27, 2001, 115 Stat. 987–988.)

§ 1117. Compensation for disabilities occurring in Persian

Gulf War veterans

(a)(1) The Secretary may pay compensation under this subchapter to a Persian Gulf veteran with a qualifying chronic disability that became manifest—

(A) during service on active duty in the Armed Forces in the

Southwest Asia theater of operations during the Persian Gulf

War; or

(B) to a degree of 10 percent or more during the presumptive

period prescribed under subsection (b).

(2) For purposes of this subsection, the term ‘‘qualifying chronic

disability’’ means a chronic disability resulting from any of the following (or any combination of any of the following):

(A) An undiagnosed illness.

(B) A medically unexplained chronic multisymptom illness

(such as chronic fatigue syndrome, fibromyalgia, and irritable

bowel syndrome) that is defined by a cluster of signs or

symptoms.

(C) Any diagnosed illness that the Secretary determines in

regulations prescribed under subsection (d) warrants a presumption of service-connection.

(b) The Secretary shall prescribe by regulation the period of time

following service in the Southwest Asia theater of operations during the Persian Gulf War that the Secretary determines is appropriate for presumption of service connection for purposes of this

section. The Secretary’s determination of such period of time shall

be made following a review of any available credible medical or sci-
87 CH. 11—DISABILITY COMPENSATION § 1117

entific evidence and the historical treatment afforded disabilities

for which manifestation periods have been established and shall

take into account other pertinent circumstances regarding the experiences of veterans of the Persian Gulf War.

(c)(1) Whenever the Secretary determines under section 1118(c)

of this title that a presumption of service connection previously established under this section is no longer warranted—

(A) a veteran who was awarded compensation under this section on the basis of the presumption shall continue to be entitled to receive compensation under this section on that basis;

and

(B) a survivor of a veteran who was awarded dependency

and indemnity compensation for the death of a veteran resulting from the disease on the basis of the presumption before

that date shall continue to be entitled to receive dependency

and indemnity compensation on that basis.

(2) This subsection shall cease to be effective on September 30,

2011.

(d)(1) The Secretary shall prescribe regulations to carry out this

section.

(2) Those regulations shall include the following:

(A) A description of the period and geographical area or

areas of military service in connection with which compensation under this section may be paid.

(B) A description of the illnesses for which compensation

under this section may be paid.

(C) A description of any relevant medical characteristic (such

as a latency period) associated with each such illness.

(e) A disability for which compensation under this subchapter is

payable shall be considered to be service connected for purposes of

all other laws of the United States.

(f) For purposes of this section, the term ‘‘Persian Gulf veteran’’

means a veteran who served on active duty in the Armed Forces

in the Southwest Asia theater of operations during the Persian

Gulf War.

(g) For purposes of this section, signs or symptoms that may be

a manifestation of an undiagnosed illness or a chronic multisymptom illness include the following:

(1) Fatigue.

(2) Unexplained rashes or other dermatological signs or

symptoms.

(3) Headache.

(4) Muscle pain.

(5) Joint pain.

(6) Neurological signs and symptoms.

(7) Neuropsychological signs or symptoms.

(8) Signs or symptoms involving the upper or lower respiratory system.

(9) Sleep disturbances.

(10) Gastrointestinal signs or symptoms.

(11) Cardiovascular signs or symptoms.

(12) Abnormal weight loss.

(13) Menstrual disorders.
§ 1118 CH. 11—DISABILITY COMPENSATION 88

(h)(1) If the Secretary determines with respect to a medical research project sponsored by the Department that it is necessary for

the conduct of the project that Persian Gulf veterans in receipt of

compensation under this section or section 1118 of this title participate in the project without the possibility of loss of service connection under either such section, the Secretary shall provide that

service connection granted under either such section for disability

of a veteran who participated in the research project may not be

terminated. Except as provided in paragraph (2), nothwithstanding

any other provision of law any grant of service-connection protected

under this subsection shall remain service-connected for purposes

of all provisions of law under this title.

(2) Paragraph (1) does not apply in a case in which—

(A) the original award of compensation or service connection

was based on fraud; or

(B) it is clearly shown from military records that the person

concerned did not have the requisite service or character of discharge.

(3) The Secretary shall publish in the Federal Register a list of

medical research projects sponsored by the Department for which

service connection granted under this section or section 1118 of this

title may not be terminated pursuant to paragraph (1).

(Added P.L. 103–446, § 106(a)(1), Nov. 2, 1994, 108 Stat. 4650; amended P.L. 105–

277, § 1602(c), Oct. 21, 1998, 112 Stat. 2681–744; P.L. 107–103, §§ 202(a), (b)(1),

(d)(1), 203(a), Dec. 27, 2001, 115 Stat. 988, 989.)

§ 1118. Presumptions of service connection for illnesses associated with service in the Persian Gulf during

the Persian Gulf War

(a)(1) For purposes of section 1110 of this title, and subject to

section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding

that there is no record of evidence of such illness during the period

of such service.

(2) An illness referred to in paragraph (1) is any diagnosed or

undiagnosed illness that— (A) the Secretary determines in regulations prescribed under

this section to warrant a presumption of service connection by

reason of having a positive association with exposure to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine known or presumed to be associated with service in the Armed Forces in the

Southwest Asia theater of operations during the Persian Gulf

War; and

(B) becomes manifest within the period, if any, prescribed in

such regulations in a veteran who served on active duty in that

theater of operations during that war and by reason of such

service was exposed to such agent, hazard, or medicine or vaccine.

(3) For purposes of this subsection, a veteran who served on active duty in the Southwest Asia theater of operations during the

Persian Gulf War and has an illness described in paragraph (2)

shall be presumed to have been exposed by reason of such service
89 CH. 11—DISABILITY COMPENSATION § 1118

to the agent, hazard, or medicine or vaccine associated with the illness in the regulations prescribed under this section unless there

is conclusive evidence to establish that the veteran was not exposed

to the agent, hazard, or medicine or vaccine by reason of such service.

(4) For purposes of this section, signs or symptoms that may be

a manifestation of an undiagnosed illness include the signs and

symptoms listed in section 1117(g) of this title.

(b)(1)(A) Whenever the Secretary makes a determination described in subparagraph (B), the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for the illness covered by that determination for purposes

of this section.

(B) A determination referred to in subparagraph (A) is a determination based on sound medical and scientific evidence that a

positive association exists between—

(i) the exposure of humans or animals to a biological, chemical, or other toxic agent, environmental or wartime hazard, or

preventive medicine or vaccine known or presumed to be associated with service in the Southwest Asia theater of operations

during the Persian Gulf War; and

(ii) the occurrence of a diagnosed or undiagnosed illness in

humans or animals.

(2)(A) In making determinations for purposes of paragraph (1),

the Secretary shall take into account—

(i) the reports submitted to the Secretary by the National

Academy of Sciences under section 1603 of the Persian Gulf

War Veterans Act of 1998; and

(ii) all other sound medical and scientific information and

analyses available to the Secretary.

(B) In evaluating any report, information, or analysis for purposes of making such determinations, the Secretary shall take into

consideration whether the results are statistically significant, are

capable of replication, and withstand peer review.

(3) An association between the occurrence of an illness in humans or animals and exposure to an agent, hazard, or medicine or

vaccine shall be considered to be positive for purposes of this subsection if the credible evidence for the association is equal to or

outweighs the credible evidence against the association.

(c)(1) Not later than 60 days after the date on which the Secretary receives a report from the National Academy of Sciences

under section 1603 of the Persian Gulf War Veterans Act of 1998,

the Secretary shall determine whether or not a presumption of

service connection is warranted for each illness, if any, covered by

the report.

(2) If the Secretary determines under this subsection that a presumption of service connection is warranted, the Secretary shall,

not later than 60 days after making the determination, issue proposed regulations setting forth the Secretary’s determination.

(3)(A) If the Secretary determines under this subsection that a

presumption of service connection is not warranted, the Secretary

shall, not later than 60 days after making the determination, publish in the Federal Register a notice of the determination. The no-
§ 1118 CH. 11—DISABILITY COMPENSATION 90

tice shall include an explanation of the scientific basis for the determination.

(B) If an illness already presumed to be service connected under

this section is subject to a determination under subparagraph (A),

the Secretary shall, not later than 60 days after publication of the

notice under that subparagraph, issue proposed regulations removing the presumption of service connection for the illness.

(4) Not later than 90 days after the date on which the Secretary

issues any proposed regulations under this subsection, the Secretary shall issue final regulations. Such regulations shall be effective on the date of issuance.

(d) Whenever the presumption of service connection for an illness

under this section is removed under subsection (c)—

(1) a veteran who was awarded compensation for the illness

on the basis of the presumption before the effective date of the

removal of the presumption shall continue to be entitled to receive compensation on that basis; and

(2) a survivor of a veteran who was awarded dependency and

indemnity compensation for the death of a veteran resulting

from the illness on the basis of the presumption before that

date shall continue to be entitled to receive dependency and indemnity compensation on that basis.

(e) Subsections (b) through (d) shall cease to be effective on September 30, 2011.

(Added P.L. 105–277, § 1602(a)(1), Oct. 21, 1998, 112 Stat. 2681–742; amended P.L.

107–103, § 202(b)(2), (d)(1) Dec. 27, 2001, 115 Stat. 989.)

SUBCHAPTER III—WARTIME DEATH COMPENSATION

§ 1121. Basic entitlement

The surviving spouse, child or children, and dependent parent or

parents of any veteran who died before January 1, 1957 as the result of injury or disease incurred in or aggravated by active military, naval, or air service, in line of duty, during a period of war,

shall be entitled to receive compensation at the monthly rates specified in section 1122 of this title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1122, § 321; P.L. 92–197, § 6, Dec. 15, 1971,

85 Stat. 662; P.L. 94–433, § 404(12), Sept. 30, 1976, 90 Stat. 1378; renumbered

§ 1121 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 1122. Rates of wartime death compensation

(a) The monthly rates of death compensation shall be as follows:

(1) Surviving spouse but no child, $87;

(2) Surviving spouse with one child, $121 (with $29 for each

additional child);

(3) No surviving spouse but one child, $67;

(4) No surviving spouse but two children, $94 (equally divided);

(5) No surviving spouse but three children, $122 (equally divided) (with $23 for each additional child, total amount to be

equally divided);

(6) Dependent parent, $75;

(7) Both dependent parents, $40 each.
91 CH. 11—DISABILITY COMPENSATION § 1133

(b) The monthly rate of death compensation payable to a surviving spouse or dependent parent under subsection (a) of this section shall be increased by $79 if the payee is (1) a patient in a

nursing home or (2) helpless or blind, or so nearly helpless or blind

as to need or require the regular aid and attendance of another

person.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1122, § 322; P.L. 91–96, § 7, Oct. 27, 1969, 83

Stat. 146; P.L. 91–588, § 3(a), Dec. 24, 1970, 84 Stat. 1583; P.L. 92–197, § 9, Dec.

15, 1971, 85 Stat. 662; P.L. 93–295, § 204, May 31, 1974, 88 Stat. 183; P.L. 94–169,

§ 202, Dec. 23, 1975, 89 Stat. 1021; P.L. 94–432, § 401, Sept. 30, 1976, 90 Stat. 1372;

P.L. 94–433, § 404(13)–(17), Sept. 30, 1976, 90 Stat. 1378, 1379; P.L. 95–204, § 301,

Dec. 2, 1977, 91 Stat. 1459; renumbered § 1122, P.L. 102–83, § 5(a), Aug. 6, 1991,

105 Stat. 406.)

SUBCHAPTER IV—PEACETIME DISABILITY COMPENSATION

§ 1131. Basic entitlement

For disability resulting from personal injury suffered or disease

contracted in line of duty, or for aggravation of a preexisting injury

suffered or disease contracted in line of duty, in the active military,

naval, or air service, during other than a period of war, the United

States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from

the period of service in which said injury or disease was incurred,

or preexisting injury or disease was aggravated, compensation as

provided in this subchapter, but no compensation shall be paid if

the disability is a result of the veteran’s own willful misconduct or

abuse of alcohol or drugs.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1122, § 331; P.L. 101–508, § 8052(a)(3), Nov. 5,

1990, 104 Stat. 1388–351; renumbered § 1131, P.L. 102–83, § 5(a), Aug. 6, 1991, 105

Stat. 406.)

§ 1132. Presumption of sound condition

For the purposes of section 1131 of this title, every person employed in the active military, naval, or air service for six months

or more shall be taken to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance and enrollment, or where evidence or medical judgment is

such as to warrant a finding that the disease or injury existed before acceptance and enrollment.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1122, § 332; renumbered § 1132 and amended

P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 1133. Presumptions relating to certain diseases

(a) For the purposes of section 1131 of this title, and subject to

the provisions of subsections (b) and (c) of this section, any veteran

who served for six months or more and contracts a tropical disease

or a resultant disorder or disease originating because of therapy

administered in connection with a tropical disease, or as a preventive thereof, shall be deemed to have incurred such disability in the

active military, naval, or air service when it is shown to exist within one year after separation from active service, or at a time when

standard and accepted treatises indicate that the incubation period

thereof commenced during active service.
§ 1133 CH. 11—DISABILITY COMPENSATION 92

(b) Service-connection shall not be granted pursuant to subsection (a), in any case where the disease or disorder is shown by

clear and unmistakable evidence to have had its inception before

or after active military, naval, or air service.

(c) Nothing in this section shall be construed to prevent the

granting of service-connection for any disease or disorder otherwise

shown by sound judgment to have been incurred in or aggravated

by active military, naval, or air service.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1123, § 333; renumbered § 1133 and amended

P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 1134. Rates of peacetime disability compensation

For the purposes of section 1131 of this title, the compensation

payable for the disability shall be that specified in section 1114 of

this title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1123, § 334; P.L. 92–328, § 108(a), June 30,

1972, 86 Stat. 396; renumbered § 1134 and amended P.L. 102–83, § 5(a), (c)(1), Aug.

6, 1991, 105 Stat. 406.)

§ 1135. Additional compensation for dependents

Any veteran entitled to compensation at the rates provided in

section 1134 of this title, and whose disability is rated not less than

30 percent, shall be entitled to additional monthly compensation

for dependents as provided in section 1115 of this title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1123, § 335; P.L. 92–328, § 108(b), June 30,

1972, 86 Stat. 396; P.L. 98–543, § 112(a), Oct. 24, 1984, 98 Stat. 2740; renumbered

§ 1135 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 1137. Wartime presumptions for certain veterans

For the purposes of this subchapter and subchapter V of this

chapter and notwithstanding the provisions of sections 1132 and

1133 of this subchapter, the provisions of sections 1111, 1112, and

1113 of this chapter shall be applicable in the case of any veteran

who served in the active military, naval, or air service after December 31, 1946.

(Added P.L. 89–358, § 7(a), Mar. 3, 1966, 80 Stat. 27, § 337; amended P.L. 93–295,

§ 205, May 31, 1974, 88 Stat. 183; renumbered § 1137 and amended P.L. 102–83,

§ 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

SUBCHAPTER V—PEACETIME DEATH COMPENSATION

§ 1141. Basic entitlement

The surviving spouse, child or children, and dependent parent or

parents of any veteran who died before January 1, 1957, as the result of injury or disease incurred in or aggravated by active military, naval, or air service, in line of duty, during other than a period of war, shall be entitled to receive compensation as hereinafter

provided in this subchapter.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1123, § 341; P.L. 92–197, § 6, Dec. 15, 1971,

85 Stat. 662; P.L. 94–433, § 404(18), Sept. 30, 1976, 90 Stat. 1379; renumbered

§ 1141, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
93 CH. 11—DISABILITY COMPENSATION § 1143

§ 1142. Rates of peacetime death compensation

For the purposes of section 1141 of this title, the monthly rates

of death compensation payable shall be those specified in section

1122 of this title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1124, § 342; P.L. 93–295, § 206(a), May 31,

1974, 88 Stat. 183; renumbered § 1142 and amended P.L. 102–83, § 5(a), (c)(1), Aug.

6, 1991, 105 Stat. 406.)

[§ 1143. Repealed. P.L. 93–295, § 206(b).]

SUBCHAPTER VI—GENERAL COMPENSATION PROVISIONS

§ 1151. Benefits for persons disabled by treatment or vocational rehabilitation

(a) Compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded

for a qualifying additional disability or a qualifying death of a veteran in the same manner as if such additional disability or death

were service-connected. For purposes of this section, a disability or

death is a qualifying additional disability or qualifying death if the

disability or death was not the result of the veteran’s willful misconduct and— (1) the disability or death was caused by hospital care, medical or surgical treatment, or examination furnished the veteran under any law administered by the Secretary, either by

a Department employee or in a Department facility as defined

in section 1701(3)(A) of this title, and the proximate cause of

the disability or death was— (A) carelessness, negligence, lack of proper skill, error in

judgment, or similar instance of fault on the part of the

Department in furnishing the hospital care, medical or

surgical treatment, or examination; or

(B) an event not reasonably foreseeable; or

(2) the disability or death was proximately caused (A) by the

provision of training and rehabilitation services by the Secretary (including by a service-provider used by the Secretary

for such purpose under section 3115 of this title) as part of an

approved rehabilitation program under chapter 31 of this title,

or (B) by participation in a program (known as a ‘‘compensated

work therapy program’’) under section 1718 of this title.

(b) Where an individual is, on or after December 1, 1962, awarded a judgment against the United States in a civil action brought

pursuant to section 1346(b) of title 28 or, on or after December 1,

1962, enters into a settlement or compromise under section 2672

or 2677 of title 28 by reason of a disability or death treated pursuant to this section as if it were service-connected, then no benefits

shall be paid to such individual for any month beginning after the

date such judgment, settlement, or compromise on account of such

disability or death becomes final until the aggregate amount of

benefits which would be paid but for this subsection equals the

total amount included in such judgment, settlement, or compromise.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1124, § 351; P.L. 87–825, § 3, Oct. 15, 1962, 76

Stat. 950; P.L. 91–24, § 3, June 11, 1969, 83 Stat. 33; P.L. 94–433, § 404(19), Sept.
§ 1143 CH. 11—DISABILITY COMPENSATION 94

30, 1976, 90 Stat. 1379; P.L. 98–223, § 213(1), Mar. 2, 1984, 98 Stat. 46; renumbered

§ 1151 and amended P.L. 102–83, §§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406;

P.L. 104–204, § 422(a), Sep. 26, 1996, 110 Stat. 2926; P.L. 106–419, § 303, Nov. 1,

2000, 114 Stat. 1853.)

§ 1152. Persons heretofore having a compensable status

The death and disability benefits of this chapter shall, notwithstanding the service requirements thereof, be granted to persons

heretofore recognized by law as having a compensable status, including persons whose claims are based on war or peacetime service rendered before April 21, 1898.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1124, § 352; renumbered § 1152, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 1153. Aggravation

A preexisting injury or disease will be considered to have been

aggravated by active military, naval, or air service, where there is

an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural

progress of the disease.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1124, § 353; renumbered § 1153, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 1154. Consideration to be accorded time, place, and circumstances of service

(a) The Secretary shall include in the regulations pertaining to

service-connection of disabilities (1) additional provisions in effect

requiring that in each case where a veteran is seeking service-connection for any disability due consideration shall be given to the

places, types, and circumstances of such veteran’s service as shown

by such veteran’s service record, the official history of each organization in which such veteran served, such veteran’s medical

records, and all pertinent medical and lay evidence, and (2) the

provisions required by section 5 of the Veterans’ Dioxin and Radiation Exposure Compensation Standards Act (Public Law 98–542;

98 Stat. 2727).

(b) In the case of any veteran who engaged in combat with the

enemy in active service with a military, naval, or air organization

of the United States during a period of war, campaign, or expedition, the Secretary shall accept as sufficient proof of service-connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent

with the circumstances, conditions, or hardships of such service,

notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of such injury or disease may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1124, § 354; P.L. 94–433, § 404(20), Sept. 30,

1976, 90 Stat. 1379; P.L. 98–542, § 4, Oct. 24, 1984, 98 Stat. 2727; P.L. 102–54,

§ 14(b)(1), June 13, 1991, 105 Stat. 282; renumbered § 1154 and amended P.L. 102–

83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)
95 CH. 11—DISABILITY COMPENSATION § 1158

1Former section 356 was repealed by section 4(a) of Public Law 90–493. Before its repeal, the

text of that section provided as follows: ‘‘Any veteran shown to have active tuberculosis which is compensable under this chapter, who

in the judgment of the Administrator has reached a condition of complete arrest, shall be rated

as totally disabled for a period of two years following such date of arrest, as 50 per centum disabled for an additional period of four years, and 30 per centum for a further five years. Following far advanced active lesions the permanent rating shall be 30 per centum, and following

moderately advanced lesions, the permanent rating, after eleven years, shall be 20 per centum,

provided there is continued disability, dyspnea on exertion, impairment of health, and so forth;

otherwise the rating shall be zero per centum. The total disability rating herein provided for

the two years following a complete arrest may be reduced to 50 per centum for failure to follow

prescribed treatment or to submit to examination when requested. This section shall not be construed as requiring a reduction of compensation authorized under any other provision of this

chapter.’’ Section 4(b) of Public Law 90–493 provides: ‘‘(b) The repeals made by subsection (a) of this section shall not apply in the case of any veteran who, on the date of enactment of this Act [Aug. 19, 1968], was receiving or entitled to receive compensation for tuberculosis which in the judgment of the Administrator had reached a

condition of complete arrest.’’

§ 1155. Authority for schedule for rating disabilities

The Secretary shall adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combination

of injuries. The ratings shall be based, as far as practicable, upon

the average impairments of earning capacity resulting from such

injuries in civil occupations. The schedule shall be constructed so

as to provide ten grades of disability and no more, upon which payments of compensation shall be based, namely, 10 percent, 20 percent, 30 percent, 40 percent, 50 percent, 60 percent, 70 percent, 80

percent, 90 percent, and total, 100 percent. The Secretary shall

from time to time readjust this schedule of ratings in accordance

with experience. However, in no event shall such a readjustment

in the rating schedule cause a veteran’s disability rating in effect

on the effective date of the readjustment to be reduced unless an

improvement in the veteran’s disability is shown to have occurred.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1125, § 355; P.L. 98–223, § 101(c), Mar. 2, 1984,

98 Stat. 38; renumbered § 1155 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a),

Aug. 6, 1991, 105 Stat. 404–406; P.L. 102–86, § 103(a), Aug. 14, 1991, 105 Stat. 414.)

[§ 1156. Repealed. P.L. 90–493, § 4(a).] 1

§ 1157. Combination of certain ratings

The Secretary shall provide for the combination of ratings and

pay compensation at the rates prescribed in subchapter II of this

chapter to those veterans who served during a period of war and

during any other time, who have suffered disability in line of duty

in each period of service.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1125, § 357; renumbered § 1157 and amended

P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1158. Disappearance

Where a veteran receiving compensation under this chapter disappears, the Secretary may pay the compensation otherwise payable to the veteran to such veteran’s spouse, children, and parents.

Payments made to such spouse, child, or parent under the preceding sentence shall not exceed the amounts payable to each if the

veteran had died from service-connected disability.
§ 1158 CH. 11—DISABILITY COMPENSATION 96

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1125, § 358; P.L. 86–212, Sept. 1, 1959, 73 Stat.

436; P.L. 94–433, § 404(21), Sept. 30, 1976, 90 Stat. 1379; renumbered § 1158 and

amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1159. Protection of service connection

Service connection for any disability or death granted under this

title which has been in force for ten or more years shall not be severed on or after January 1, 1962, except upon a showing that the

original grant of service connection was based on fraud or it is

clearly shown from military records that the person concerned did

not have the requisite service or character of discharge. The mentioned period shall be computed from the date determined by the

Secretary as the date on which the status commenced for rating

purposes.

(Added P.L. 86–501, § 1, June 10, 1960, 74 Stat. 195, § 359; amended P.L. 87–825,

§ 6, Oct. 15, 1962, 76 Stat. 950; renumbered § 1159 and amended P.L. 102–83,

§§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1160. Special consideration for certain cases of loss of

paired organs or extremities

(a) Where a veteran has suffered—

(1) blindness in one eye as a result of service-connected disability and blindness in the other eye as a result of non-service-connected disability not the result of the veteran’s own willful misconduct;

(2) the loss or loss of use of one kidney as a result of serviceconnected disability and involvement of the other kidney as a

result of non-service-connected disability not the result of the

veteran’s own willful misconduct;

(3) total deafness in one ear as a result of service-connected

disability and total deafness in the other ear as the result of

non-service-connected disability not the result of the veteran’s

own willful misconduct;

(4) the loss or loss of use of one hand or one foot as a result

of service-connected disability and the loss or loss of use of the

other hand or foot as a result of non-service-connected disability not the result of the veteran’s own willful misconduct;

or

(5) permanent service-connected disability of one lung, rated

50 percent or more disabling, in combination with a non-service-connected disability of the other lung that is not the result

of the veteran’s own willful misconduct,

the Secretary shall assign and pay to the veteran the applicable

rate of compensation under this chapter as if the combination of

disabilities were the result of service-connected disability.

(b) If a veteran described in subsection (a) of this section receives

any money or property of value pursuant to an award in a judicial

proceeding based upon, or a settlement or compromise of, any

cause of action for damages for the non-service-connected disability

described in such subsection, the increase in the rate of compensation otherwise payable under this section shall not be paid for any

month following a month in which any such money or property is

received until such time as the total of the amount of such increase

that would otherwise have been payable equals the total of the
97 CH. 11—DISABILITY COMPENSATION § 1163

amount of any such money received and the fair market value of

any such property received.

(Added P.L. 87–610, § 1, Aug. 28, 1962, 76 Stat. 406, § 360; amended P.L. 89–311,

§ 3(a), (b), Oct. 31, 1965, 79 Stat. 1155; P.L. 94–433, § 404(22), Sept. 30, 1976, 90

Stat. 1379; P.L. 98–160, § 702(3), Nov. 21, 1983, 97 Stat. 1009; P.L. 99–576,

§ 109(a)(1), Oct. 28, 1986, 100 Stat. 3253; renumbered § 1160 and amended P.L.

102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1161. Payment of disability compensation in disability severance cases

The deduction of disability severance pay from disability compensation, as required by section 1212(c) of title 10, shall be made

at a monthly rate not in excess of the rate of compensation to

which the former member would be entitled based on the degree

of such former member’s disability as determined on the initial Department rating.

(Added P.L. 91–241, May 7, 1970, 84 Stat. 203, § 361; amended P.L. 94–433,

§ 404(23), Sept. 30, 1976, 90 Stat. 1379; P.L. 98–160, § 702(4), Nov. 21, 1983, 97

Stat. 1009; renumbered § 1161 and amended P.L. 102–83, §§ 4(a)(3), (4), 5(a), Aug.

6, 1991, 105 Stat. 404, 406.)

§ 1162. Clothing allowance

The Secretary under regulations which the Secretary shall prescribe, shall pay a clothing allowance of $580 per year to each veteran who—

(1) because of a service-connected disability, wears or uses a

prosthetic or orthopedic appliance (including a wheelchair)

which the Secretary determines tends to wear out or tear the

clothing of the veteran; or

(2) uses medication which (A) a physician has prescribed for

a skin condition which is due to a service-connected disability,

and (B) the Secretary determines causes irreparable damage to

the veteran’s outergarmets.

(Added P.L. 92–328, § 103(a), June 30, 1972, 86 Stat. 394, § 362; amended P.L. 94–

71, § 103, Aug. 5, 1975, 89 Stat. 396; P.L. 94–433, § 301, § 404(24), Sept. 30, 1976,

90 Stat. 1377, 1379; P.L. 95–117, § 301, Oct. 3, 1977, 91 Stat. 1065; P.L. 95–479,

§ 103, Oct. 18, 1978, 92 Stat. 1562; P.L. 96–128, § 103, Nov. 28, 1979, 93 Stat. 984;

P.L. 96–385, § 103, Oct. 7, 1980, 94 Stat. 1529; P.L. 97–66, § 103, Oct. 17, 1981, 95

Stat. 1027; P.L. 97–253, § 405(d), Sept. 8, 1982, 96 Stat. 804; P.L. 97–306, §§ 103,

107, Oct. 14, 1982, 96 Stat. 1430, 1431; P.L. 98–223, § 103, Mar. 2, 1984, 98 Stat.

38; P.L. 98–543, § 103, Oct. 24, 1984, 98 Stat. 2736; P.L. 99–238, § 103, Jan. 13,

1986, 99 Stat. 1766; P.L. 99–576, § 103, Oct. 28, 1986, 100 Stat. 3251; P.L. 100–227,

§ 103, Dec. 31, 1987, 101 Stat. 1553; P.L. 100–687, § 1103, Nov. 18, 1988, 102 Stat.

4124; P.L. 101–237, §§ 103, 112, Dec. 18, 1989, 103 Stat. 2063, 2065; P.L. 102–3,

§ 4, Feb. 6, 1991, 105 Stat. 8; renumbered § 1162, P.L. 102–83, § 5(a), Aug. 6, 1991,

105 Stat. 406; amended P.L. 102–152, § 4, Nov. 12, 1991, 105 Stat. 986; P.L. 103–

78, § 3, Aug. 13, 1993, 107 Stat. 768; P.L. 103–140, § 4, Nov. 11, 1993, 107 Stat.

1486; P.L. 105–98, § 4, Nov. 19, 1997, 111 Stat. 2156; P.L. 106–118, § 4, Nov. 30,

1999, 113 Stat. 1602; P.L. 107–94, § 4, Dec. 21, 2001, 115 Stat. 901.)

§ 1163. Trial work periods and vocational rehabilitation for

certain veterans with total disability ratings

(a)(1) The disability rating of a qualified veteran who begins to

engage in a substantially gainful occupation after January 31,

1985, may not be reduced on the basis of the veteran having secured and followed a substantially gainful occupation unless the
§ 1163 CH. 11—DISABILITY COMPENSATION 98

veteran maintains such an occupation for a period of 12 consecutive

months.

(2) For purposes of this section, the term ‘‘qualified veteran’’

means a veteran who has a service-connected disability, or serviceconnected disabilities, not rated as total but who has been awarded

a rating of total disability by reason of inability to secure or follow

a substantially gainful occupation as a result of such disability or

disabilities.

(b) The Secretary shall make counseling services described in

section 3104(a)(2) of this title and placement and postplacement

services described in section 3104(a)(5) of this title available to

each qualified veteran (whether or not the veteran is participating

in a vocational rehabilitation program under chapter 31 of this

title).

(c)(1) In the case of each award after January 31, 1985, of a rating of total disability described in subsection (a)(2) of this section

to a veteran, the Secretary shall provide to the veteran, at the time

that notice of the award is provided to the veteran, a statement

providing—

(A) notice of the provisions of this section;

(B) information explaining the purposes and availability of

and eligibility for, and the procedures for pursuing, a vocational rehabilitation program under chapter 31 of this title;

and

(C) a summary description of the scope of services and assistance available under that chapter.

(2) After providing the notice required under paragraph (1) of

this subsection, the Secretary shall offer the veteran the opportunity for an evaluation under section 3106(a) of this title.

(Added P.L. 98–543, § 111(a)(1), Oct. 24, 1984, 98 Stat. 2738, § 363; amended P.L.

100–687, § 1301, Nov. 18, 1988, 102 Stat. 4127; renumbered § 1163 and amended

P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 102–

291, § 2(a), May 20, 1992, 106 Stat. 178; P.L. 102–568, § 401(a)–(d)(1), Oct. 29, 1992,

106 Stat. 4336.)
(99)

CHAPTER 13—DEPENDENCY AND INDEMNITY

COMPENSATION FOR SERVICE–CONNECTED DEATHS

SUBCHAPTER I—GENERAL

Sec.

1301. Definitions.

1302. Determination of pay grade.

1303. Cost-of-living adjustments.

1304. Special provisions relating to surviving spouses.

SUBCHAPTER II—DEPENDENCY AND INDEMNITY COMPENSATION

1310. Deaths entitling survivors to dependency and indemnity compensation.

1311. Dependency and indemnity compensation to a surviving spouse.

1312. Benefits in certain cases of in-service or service-connected deaths.

1313. Dependency and indemnity compensation to children.

1314. Supplemental dependency and indemnity compensation to children.

1315. Dependency and indemnity compensation to parents.

1316. Dependency and indemnity compensation in cases of prior deaths.

1317. Restriction on payments under this chapter.

1318. Benefits for survivors of certain veterans rated totally disabled at time of

death.

SUBCHAPTER III—CERTIFICATIONS

1321. Certifications with respect to pay grade.

1322. Certifications with respect to social security entitlement.

1323. Certifications with respect to circumstances of death.

SUBCHAPTER I—GENERAL

§ 1301. Definitions

As used in this chapter—

The term ‘‘veteran’’ includes a person who died in the active military, naval, or air service.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1126, § 401; P.L. 91–24, § 4(a), June 11, 1969,

83 Stat. 33; P.L. 91–96, § 5, Oct. 27, 1969, 83 Stat. 145; renumbered § 1301, P.L.

102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 1302. Determination of pay grade

(a) With respect to a veteran who died in the active military,

naval, or air service, such veteran’s pay grade shall be determined

as of the date of such veteran’s death or as of the date of a promotion after death while in a missing status.

(b) With respect to a veteran who did not die in the active military, naval, or air service, such veteran’s pay grade shall be determined as of— (1) the time of such veteran’s last discharge or release from

active duty under conditions other than dishonorable; or

(2) the time of such veteran’s discharge or release from any

period of active duty for training or inactive duty training, if

such veteran’s death results from service-connected disability

incurred during such period and if such veteran was not there-
§ 1302 CH. 13—DEPENDENCY AND INDEMNITY COMPENSATION 100

after discharged or released under conditions other than dishonorable from active duty.

(c) The pay grade of any veteran described in section 106(b) of

this title shall be that to which such veteran would have been assigned upon final acceptance or entry upon active duty.

(d) If a veteran has satisfactorily served on active duty for a period of six months or more in a pay grade higher than that specified in subsection (a) or (b) and any subsequent discharge or release from active duty was under conditions other than dishonorable, the higher pay grade shall be used if it will result in greater

monthly payments to such veteran’s surviving spouse under this

chapter. The determination as to whether an individual has served

satisfactorily for the required period in a higher pay grade shall be

made by the Secretary of the department in which such higher pay

grade was held.

(e) The pay grade of any person not otherwise described in this

section, but who had a compensable status on the date of such person’s death under laws administered by the Secretary, shall be determined by the head of the department under which such person

performed the services by which such person obtained such status

(taking into consideration such person’s duties and responsibilities)

and certified to the Secretary. For the purposes of this chapter,

such person shall be deemed to have been on active duty while performing such services.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1126, § 402; P.L. 86–492, June 8, 1960, 74 Stat.

161; P.L. 89–622, § 1, Oct. 4, 1966, 80 Stat. 873; P.L. 91–96, § 1, Oct. 27, 1969, 83

Stat. 144; P.L. 92–169, § 2, Nov. 24, 1971, 85 Stat. 489; P.L. 94–433, § 405(1)–(3),

Sept. 30, 1976, 90 Stat. 1379; P.L. 102–54, § 14(b)(2), June 13, 1991, 105 Stat. 283;

renumbered § 1302 and amended P.L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6,

1991, 105 Stat. 403–406.)

§ 1303. Cost-of-living adjustments

(a) In the computation of cost-of-living adjustments for fiscal

years 1998 through 2011 in the rates of dependency and indemnity

compensation payable under this chapter, such adjustments (except

as provided in subsection (b)) shall be made by a uniform percentage that is no more than the percentage equal to the social security

increase for that fiscal year, with all increased monthly rates (other

than increased rates equal to a whole dollar amount) rounded down

to the next lower whole dollar amount.

(b) For purposes of this section, the term ‘‘social security increase’’ means the percentage by which benefit amounts payable

under title II of the Social Security Act (42 U.S.C. 401 et seq.) are

increased for any fiscal year as a result of a determination under

section 215(i) of such Act (42 U.S.C. 415(i)).

(Added P.L. 105–33, § 8031(b)(1), Aug. 5, 1997, 111 Stat. 668; amended P.L. 107–

103, § 205, Dec. 27, 2001, 115 Stat. 990.)

§ 1304. Special provisions relating to surviving spouses

No dependency and indemnity compensation shall be paid to the

surviving spouse of a veteran dying after December 31, 1956, unless such surviving spouse was married to such veteran—

(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease
101 CH. 13—DEPENDENCY AND INDEMNITY COMPENSATION § 1311

causing the death of the veteran was incurred or aggravated;

or

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage,

or was born to them before the marriage.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1127, § 404; P.L. 90–77, § 101(a), Aug. 31, 1967,

81 Stat. 178; P.L. 94–433, § 405(4), (5), Sept. 30, 1976, 90 Stat. 1379; renumbered

§ 1304, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; P.L. 105–33, Aug. 5, 1997,

111 Stat. 668, § 8031(b).)

SUBCHAPTER II—DEPENDENCY AND INDEMNITY

COMPENSATION

§ 1310. Deaths entitling survivors to dependency and indemnity compensation

(a) When any veteran dies after December 31, 1956, from a service-connected or compensable disability, the Secretary shall pay dependency and indemnity compensation to such veteran’s surviving

spouse, children, and parents. The standards and criteria for determining whether or not a disability is service-connected shall be

those applicable under chapter 11 of this title.

(b) Dependency and indemnity compensation shall not be paid to

the surviving spouse, children, or parents of any veteran dying

after December 31, 1956, unless such veteran (1) was discharged

or released under conditions other than dishonorable from the period of active military, naval, or air service in which the disability

causing such veteran’s death was incurred or aggravated, or (2)

died while in the active military, naval, or air service.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1127, § 410; P.L. 94–433, § 405(7), Sept. 30,

1976, 90 Stat. 1379; P.L. 95–479, § 204, Oct. 18, 1978, 92 Stat. 1564; P.L. 97–306,

§ 112(a), Oct. 14, 1982, 96 Stat. 1432; P.L. 100–687, § 1403(b), Nov. 18, 1988, 102

Stat. 4131; renumbered § 1310 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a),

Aug. 6, 1991, 105 Stat. 404–406.)

§ 1311. Dependency and indemnity compensation to a surviving spouse

(a)(1) Dependency and indemnity compensation shall be paid to

a surviving spouse at the monthly rate of $935.

(2) The rate under paragraph (1) shall be increased by $202 in

the case of the death of a veteran who at the time of death was

in receipt of or was entitled to receive (or but for the receipt of retired pay or retirement pay was entitled to receive) compensation

for a service-connected disability that was rated totally disabling

for a continuous period of at least eight years immediately preceding death. In determining the period of a veteran’s disability for

purposes of the preceding sentence, only periods in which the veteran was married to the surviving spouse shall be considered.

(3) In the case of dependency and indemnity compensation paid

to a surviving spouse that is predicated on the death of a veteran

before January 1, 1993, the monthly rate of such compensation

shall be the amount based on the pay grade of such veteran, as set

forth in the following table, if the amount is greater than the total

amount determined with respect to that veteran under paragraphs

(1) and (2):
§ 1311 CH. 13—DEPENDENCY AND INDEMNITY COMPENSATION 102

Monthly Monthly

Pay grade rate Pay grade rate

E–1 .................................. $935 W–4 ................................. $1,119

E–2 .................................. 935 O–1 .................................. 988

E–3 .................................. 935 O–2 .................................. 1,021

E–4 .................................. 935 O–3 .................................. 1,092

E–5 .................................. 935 O–4 .................................. 1,155

E–6 .................................. 935 O–5 .................................. 1,272

E–7 .................................. 967 O–6 .................................. 1,433

E–8 .................................. 1,021 O–7 .................................. 1,549

E–9 .................................. 1,066 1 O–8 .................................. 1,699

W–1 ................................. 988 O–9 .................................. 1,818

W–2 ................................. 1,028 O–10 ................................ 1,994 2

W–3 ................................. 1,058 1If the veteran served as Sergeant Major of the Army, Senior Enlisted Advisor of the Navy, Chief Master

Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast

Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be

$1,149. 2If the veteran served as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the

Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving

spouse’s rate shall be $2,139.

(b) If there is a surviving spouse with one or more children below

the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the surviving spouse shall

be increased by $234 for each such child.

(c) The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by $234 if the

spouse is (1) a patient in a nursing home or (2) helpless or blind,

or so nearly helpless or blind as to need or require the regular aid

and attendance of another person.

(d) The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by $112 if the surviving spouse is, by reason of disability, permanently housebound

but does not qualify for the aid and attendance allowance under

subsection (c) of this section. For the purposes of this subsection,

the requirement of ‘‘permanently housebound’’ will be considered to

have been met when the surviving spouse is substantially confined

to such surviving spouse’s home (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities which it is reasonably certain will remain throughout such

surviving spouse’s lifetime.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1127, § 411; P.L. 87–268, § 1(b), Sept. 21, 1961,

75 Stat. 566; P.L. 88–21, § 1, May 15, 1963, 77 Stat. 17; P.L. 88–134, § 1, Oct. 5,

1963, 77 Stat. 223; P.L. 91–24, § 4(b), June 11, 1969, 83 Stat. 33; P.L. 91–96, § 3,

Oct. 27, 1969, 83 Stat. 144; P.L. 91–588, § 3(a), Dec. 24, 1970, 84 Stat. 1583; P.L.

92–197, § 1, Dec. 15, 1971, 85 Stat. 660; P.L. 92–455, § 4, Oct. 2, 1972, 86 Stat. 761;

P.L. 93–295, § 201, May 31, 1974, 88 Stat. 182; P.L. 94–71, § 201, Aug. 5, 1975, 89

Stat. 396; P.L. 94–433, § 201, Sept. 30, 1976, 90 Stat. 1375; P.L. 95–117, § 201, Oct.

3, 1977, 91 Stat. 1064; P.L. 95–479, § 201, Oct. 18, 1978, 92 Stat. 1562; P.L. 96– 128, § 201, Nov. 28, 1979, 93 Stat. 984; P.L. 96–385, § 201, Oct. 7, 1980, 94 Stat.

1529; P.L. 97–66, § 201, Oct. 17, 1981, 95 Stat. 1028; P.L. 97–253, § 405(e), Sept.

8, 1982, 96 Stat. 804; P.L. 97–306, §§ 104, 107, Oct. 14, 1982, 96 Stat. 1430, 1431;

P.L. 98–223, § 104, Mar. 2, 1984, 98 Stat. 38; P.L. 98–543, § 104, Oct. 24, 1984, 98

Stat. 2736; P.L. 99–238, § 104, Jan. 13, 1986, 99 Stat. 1766; P.L. 99–576, § 104, Oct.

28, 1986, 100 Stat. 3251; P.L. 100–180, § 1314(d)[(1)], Dec. 4, 1987, 101 Stat. 1176;

P.L. 100–227, § 104, Dec. 31, 1987, 101 Stat. 1554; P.L. 100–687, § 1104, Nov. 18,

1988, 102 Stat. 4124; P.L. 101–237, § 104, Dec. 18, 1989, 103 Stat. 2063; P.L. 102– 3, § 5, Feb. 6, 1991, 105 Stat. 9; renumbered § 1311 and amended P.L. 102–83, § 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–152, § 5, Nov. 12, 1991, 105 Stat. 986;

P.L. 102–568, § 102(a), (b), Oct. 29, 1992, 106 Stat. 4321, 4322; P.L. 103–78, § 4,

Aug. 13, 1993, 107 Stat. 768; P.L. 103–140, § 5, Nov. 11, 1993, 107 Stat. 1486; P.L.

105–98, § 5, Nov. 19, 1997, 111 Stat. 2156; P.L. 105–178, § 8207, June 9, 1998, 112
103 CH. 13—DEPENDENCY AND INDEMNITY COMPENSATION § 1313

Stat. 495; P.L. 106–117, § 502(b), Nov. 30, 1999, 113 Stat 1574; P.L. 106–118, § 5,

Nov. 30, 1999, 113 Stat. 1602; P.L. 107–94, § 5, Dec. 21, 2001, 115 Stat. 901.)

§ 1312. Benefits in certain cases of in-service or service-connected deaths

(a) In the case of any veteran—

(1) who dies after December 31, 1956, and is not a fully and

currently insured individual (as defined in section 214 of the

Social Security Act (42 U.S.C. 414)) at the time of such veteran’s death;

(2) whose death occurs—

(A) while on active duty, active duty for training, or inactive duty training; or

(B) as the result of a service-connected disability incurred after September 15, 1940; and

(3) who leaves one or more survivors who are not entitled for

any month to monthly benefits under section 202 of the Social

Security Act (42 U.S.C. 402) on the basis of such veteran’s

wages and self-employment income but who would, upon application therefor, be entitled to such benefits if such veteran had

been fully and currently insured at the time of such veteran’s

death;

the Secretary shall pay for such monthly benefits under this section to each such survivor in an amount equal to the amount of the

benefits which would have been paid for such month to such survivor under title II of the Social Security Act (42 U.S.C. 401 et seq.)

if such veteran had been both fully and currently insured at the

time of such veteran’s death and if such survivor had filed application therefor on the same date on which application for benefits

under this section is filed with the Secretary.

(b) In any case where the amount of dependency and indemnity

compensation payable under this chapter to a surviving spouse who

has children is less than the amount of pension which would be

payable to (1) such surviving spouse, or (2) such children if the surviving spouse were not entitled, under chapter 15 of this title had

the death occurred under circumstances authorizing payment of

death pension, the Secretary shall pay dependency and indemnity

compensation to such surviving spouse in an amount equal to such

amount of pension.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1128, § 412; P.L. 87–268, § 1(a), Sept. 21, 1961,

75 Stat. 566; P.L. 89–466, June 22, 1966, 80 Stat. 217; P.L. 94–433, § 405(9), Sept.

30, 1976, 90 Stat. 1379; P.L. 98–223, § 213(2), Mar. 2, 1984, 98 Stat. 46; P.L. 102–

54, § 14(b)(3), June 13, 1991, 105 Stat. 283; renumbered § 1312 and amended P.L.

102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1313. Dependency and indemnity compensation to children

(a) Whenever there is no surviving spouse of a deceased veteran

entitled to dependency and indemnity compensation, dependency

and indemnity compensation shall be paid in equal shares to the

children of the deceased veteran at the following monthly rates:

(1) one child, $397;

(2) two children, $571;

(3) three children, $742; and
§ 1313 CH. 13—DEPENDENCY AND INDEMNITY COMPENSATION 104

(4) more than three children, $742, plus $143 for each child

in excess of three.

(b) If dependency and indemnity compensation has been awarded

under this section to a veteran’s child or children and the entitlement to dependency and indemnity compensation under this section of an additional child of that veteran who is over the age of

eighteen years and who had previously been entitled to dependency

and indemnity compensation under this section before becoming

eighteen years of age is later reestablished effective retroactively

upon determination that such child is pursuing a course of instruction at an approved educational institution, the amount payable

retroactively to the additional child is the amount equal to the difference between the total of the increased award payable under

this section to the children of the deceased veteran for the retroactive period and the prior total award for such purpose for that

period.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1128, § 413; P.L. 88–21, § 2, May 15, 1963, 77

Stat. 17; P.L. 89–730, § 4, Nov. 2, 1966, 80 Stat. 1159; P.L. 91–262, § 2, May 21,

1970, 84 Stat. 256; P.L. 92–197, § 2, Dec. 15, 1971, 85 Stat. 660; P.L. 93–295, § 202,

May 31, 1974, 88 Stat. 182; P.L. 94–71, § 202, Aug. 5, 1975, 89 Stat. 397; P.L. 94–

433, § 202, Sept. 30, 1976, 90 Stat. 1376; P.L. 95–117, § 202, Oct. 3, 1977, 91 Stat.

1065; P.L. 95–479, § 202, Oct. 18, 1978, 92 Stat. 1563; P.L. 96–128, § 202, Nov. 28,

1979, 93 Stat. 985; P.L. 96–385, § 202, Oct. 7, 1980, 94 Stat. 1530; P.L. 97–66,

§§ 202, 204(a), Oct. 17, 1981, 95 Stat. 1029; P.L. 97–253, § 405(f), Sept. 8, 1982, 96

Stat. 804; P.L. 97–306, §§ 105, 107, Oct. 14, 1982, 96 Stat. 1431; P.L. 98–223, § 105,

Mar. 2, 1984, 98 Stat. 39; P.L. 98–543, § 105, Oct. 24, 1984, 98 Stat. 2737; P.L. 99–

238, § 105, Jan. 13, 1986, 99 Stat. 1767; P.L. 99–576, § 105, § 703(a)(1), Oct. 28,

1986, 100 Stat. 3252, 3302; P.L. 100–227, § 105, Dec. 31, 1987, 101 Stat. 1554; P.L.

100–687, § 1105(a), Nov. 18, 1988, 102 Stat. 4124; P.L. 101–237, § 105(a), Dec. 18,

1989, 103 Stat. 2064; P.L. 102–3, § 6(a), Feb. 6, 1991, 105 Stat. 9; renumbered

§ 1313, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; P.L. 102–152, § 6(a), Nov.

12, 1991, 105 Stat. 987; P.L. 103–78, § 5(a), Aug. 13, 1993, 107 Stat. 768; P.L. 103–

140, § 6(a), Nov. 11, 1993, 107 Stat. 1487; P.L. 105–98, § 6(a), Nov. 19, 1997, 111

Stat. 2157; P.L. 106–118, § 6(a), Nov. 30, 1999, 113 Stat. 1603; P.L. 107–94, § 6(a),

Dec. 21, 2001, 115 Stat. 902.)

§ 1314. Supplemental dependency and indemnity compensation to children

(a) In the case of a child entitled to dependency and indemnity

compensation who has attained the age of eighteen and who, while

under such age, became permanently incapable of self-support, the

dependency and indemnity compensation paid monthly to such

child shall be increased by $234.

(b) If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such

person’s deceased spouse) who has attained the age of eighteen and

who, while under such age, became permanently incapable of selfsupport, dependency and indemnity compensation shall be paid

monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the surviving spouse, in

the amount of $397.

(c) If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such

person’s deceased spouse), who has attained the age of eighteen

and who, while under the age of twenty-three, is pursuing a course

of instruction at an educational institution approved under section

104 of this title, dependency and indemnity compensation shall be
105 CH. 13—DEPENDENCY AND INDEMNITY COMPENSATION § 1315

1 As explained in the footnote to section 1521, the rates and income limitations specified in

this section were increased, as of December 1, 2001, as follows:

(1) One parent (subsec. (b)). (a) Rate, $457.

(b) Annual income limitation, $10,871.

(2) Two parents not living together (subsec. (c)). (a) Rate, $329 each.

(b) Annual income limitation, $10,871 each.

(3) Two parents living together or a remarried parent living with spouse (subsec. (d)). (a) Rate, $309 each.

(b) Annual combined income limitation, $14,612.

(4) Increase for nursing home patients and those in need of aid and attendance (subsec. (g)),

$246.

paid monthly to each such child, concurrently with the payment of

dependency and indemnity compensation to the surviving spouse,

in the amount of $199.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1128, § 414; P.L. 88–21, § 3, May 15, 1963, 77

Stat. 17; P.L. 89–311, § 2(c)(2), Oct. 31, 1965, 79 Stat. 1155; P.L. 89–730, § 5, Nov.

2, 1966, 80 Stat. 1159; P.L. 91–262, § 3, May 21, 1970, 84 Stat. 256; P.L. 92–197,

§ 3, Dec. 15, 1971, 85 Stat. 661; P.L. 93–295, § 203, May 31, 1974, 88 Stat. 183; P.L.

94–71, § 203, Aug. 5, 1975, 89 Stat. 397; P.L. 94–433, § 203, § 405(10), Sept. 30,

1976, 90 Stat. 1376, 1380; P.L. 95–117, § 203, Oct. 3, 1977, 91 Stat. 1065; P.L. 95–

479, § 203, Oct. 18, 1978, 92 Stat. 1563; P.L. 96–128, § 203, Nov. 28, 1979, 93 Stat.

985; P.L. 96–385, § 203, Oct. 7, 1980, 94 Stat. 1530; P.L. 97–66, § 203, Oct. 17, 1981,

95 Stat. 1029; P.L. 97–253, § 405(g), Sept. 8, 1982, 96 Stat. 804; P.L. 97–306, §§ 106,

107, Oct. 14, 1982, 96 Stat. 1431; P.L. 98–223, § 106, Mar. 2, 1984, 98 Stat. 39; P.L.

98–543, § 106, Oct. 24, 1984, 98 Stat. 2737; P.L. 99–238, § 106, Jan. 13, 1986, 99

Stat. 1767; P.L. 99–576, § 106, Oct. 28, 1986, 100 Stat. 3252; P.L. 100–227, § 106,

Dec. 31, 1987, 101 Stat. 1555; P.L. 100–687, § 1105(b), Nov. 18, 1988, 102 Stat.

4124; P.L. 101–237, § 105(b), Dec. 18, 1989, 103 Stat. 2064; P.L. 102–3, § 6(b), Feb.

6, 1991, 105 Stat. 9; renumbered § 1314, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat.

406; P.L. 102–152, § 6(b), Nov. 12, 1991, 105 Stat. 987; P.L. 103–78, § 5(b), Aug. 13,

1993, 107 Stat. 769; P.L. 103–140, § 6(b), Nov. 11, 1993, 107 Stat. 1487; P.L. 105–

98, § 6(b), Nov. 19, 1997, 111 Stat. 2157; P.L. 106–118, § 6(b), Nov. 30, 1999, 113

Stat. 1603; P.L. 107–94, § 6(b), Dec. 21, 2001, 115 Stat. 902.)

§ 1315. Dependency and indemnity compensation to parents 1

(a)(1) Except as provided in paragraph (2), dependency and indemnity compensation shall be paid monthly to parents of a deceased veteran in the amounts prescribed by this section.

(2) Under regulations prescribed by the Secretary, benefits under

this section may be paid less frequently than monthly if the

amount of the annual benefit is less than 4 percent of the maximum annual rate payable under this section.

(b)(1) Except as provided in paragraph (4) of this subsection, if

there is only one parent, the monthly rate of dependency and indemnity compensation paid to such parent shall be $163, as increased from time to time under section 5312(b)(1) of this title and

reduced by an amount, based upon the amount of such parent’s annual income, determined in accordance with regulations which the

Secretary shall prescribe under section 5312(b)(2) of this title.

(2) In no case may the amount of dependency and indemnity

compensation payable to any parent under this subsection be less

than $5 monthly.

(3) In no case may dependency and indemnity compensation be

paid under paragraph (1) of this subsection to any parent if the annual income of such parent exceeds $4,038, as increased from time

to time under section 5312 of this title.
§ 1315 CH. 13—DEPENDENCY AND INDEMNITY COMPENSATION 106

(4) If there is only one parent and such parent has remarried and

is living with such parent’s spouse, dependency and indemnity compensation shall be paid to such parent under either paragraph (1)

of this subsection or under subsection (d) of this section, whichever

will result in the greater amount of such compensation being paid

to such parent. In such a case of remarriage the total combined annual income of the parent and such parent’s spouse shall be counted in determining the monthly rate of dependency and indemnity

compensation under the appropriate formula.

(c)(1) Except as provided in subsection (d) of this section, if there

are two parents, but they are not living together, the monthly rate

of dependency and indemnity compensation paid to each such parent shall be $115, as increased from time to time under section

5312(b)(1) of this title and reduced by an amount, based upon the

amount of such parent’s annual income, determined in accordance

with regulations which the Secretary shall prescribe under section

5312(b)(2) of this title.

(2) In no case may the amount of dependency and indemnity

compensation payable to any parent under this subsection be less

than $5 monthly.

(3) In no case may dependency and indemnity compensation be

paid under paragraph (1) of this subsection to any parent if the annual income of such parent exceeds $4,038, as increased from time

to time under section 5312 of this title.

(d)(1) If there are two parents who are living together, or if a

parent has remarried and is living with such parent’s spouse, the

monthly rate of dependency and indemnity compensation paid to

such parent shall be $109, as increased from time to time under

section 5312(b)(1) of this title and reduced by an amount, based

upon the amount of the combined annual income of the parents or

the parent and the parent’s spouse, determined in accordance with

regulations which the Secretary shall prescribe under section

5312(b)(2) of this title.

(2) In no case may the amount of dependency and indemnity

compensation payable to any parent under this subsection be less

than $5 monthly.

(3) In no case may dependency and indemnity compensation be

paid under this subsection to a parent if the total combined annual

income of the parent and such parent’s spouse exceeds $5,430, as

increased from time to time under section 5312 of this title.

(e) The Secretary may require as a condition of granting or continuing dependency and indemnity compensation to a parent that

such parent, other than one who has attained seventy-two years of

age and has been paid dependency and indemnity compensation

during two consecutive calendar years, file for a calendar year with

the Secretary (on the form prescribed by the Secretary) a report

showing the total income which such parent expects to receive in

that year and the total income which such parent received in the

preceding year. The parent or parents shall notify the Secretary

whenever there is a material change in annual income.

(f)(1) In determining income under this section, all payments of

any kind or from any source shall be included, except—

(A) payments of the six-months’ death gratuity;
107 CH. 13—DEPENDENCY AND INDEMNITY COMPENSATION § 1315

(B) donations from public or private relief or welfare organizations;

(C) payments under this chapter (except section 1312(a)) and

chapters 11 and 15 of this title and under the first sentence

of section 9(b) of the Veterans’ Pension Act of 1959;

(D) lump-sum death payments under title II of the Social Security Act (42 U.S.C. 401 et seq.);

(E) payments of bonus or similar cash gratuity by any State

based upon service in the Armed Forces;

(F) payments under policies of servicemembers group life insurance, United States Government life insurance or national

service life insurance, and payments of servicemen’s indemnity;

(G) 10 percent of the amount of payments to an individual

under public or private retirement, annuity, endowment, or

similar plans or programs;

(H) amounts equal to amounts paid by a parent of a deceased veteran for—

(i) a deceased spouse’s just debts,

(ii) the expenses of the spouse’s last illness to the extent

such expenses are not reimbursed under chapter 51 of this

title, and

(iii) the expenses of the spouse’s burial to the extent that

such expenses are not reimbursed under chapter 23 or

chapter 51 of this title;

(I) reimbursements of any kind for any casualty loss (as defined in regulations which the Secretary shall prescribe), but

the amount excluded under this clause may not exceed the

greater of the fair market value or the reasonable replacement

value of the property involved at the time immediately preceding the loss;

(J) amounts equal to amounts paid by a parent of a deceased

veteran for—

(i) the expenses of the veteran’s last illness, and

(ii) the expenses of such veteran’s burial to the extent

that such expenses are not reimbursed under chapter 23

of this title;

(K) profit realized from the disposition of real or personal

property other than in the course of a business;

(L) payments received for discharge of jury duty or obligatory

civic duties;

(M) payments of annuities elected under subchapter I of

chapter 73 of title 10.

(2) Where a fraction of a dollar is involved, annual income shall

be fixed at the next lower dollar.

(3) The Secretary may provide by regulation for the exclusion

from income under this section of amounts paid by a parent for unusual medical expenses.

(g) The monthly rate of dependency and indemnity compensation

payable to a parent shall be increased by $85, as increased from

time to time under section 5312 of this title, if such parent is (1)

a patient in a nursing home or (2) helpless or blind, or so nearly

helpless or blind as to need or require the regular aid and attendance of another person.
§ 1315 CH. 13—DEPENDENCY AND INDEMNITY COMPENSATION 108

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1129, § 415; P.L. 87–268, § 1(b), Sept. 21, 1961,

75 Stat. 566; P.L. 88–21, § 4, May 15, 1963, 77 Stat. 17; P.L. 89–730, §§ 1, 2, Nov.

2, 1966, 80 Stat. 1157, 1158; P.L. 90–275, § 2, Mar. 28, 1968, 82 Stat. 66; P.L. 91– 588, §§ 2, 8(a), Dec. 24, 1970, 84 Stat. 1582, 1584; P.L. 92–197, § 4, Dec. 15, 1971,

85 Stat. 661; P.L. 92–425, § 6(1), Sept. 21, 1972, 86 Stat. 713; P.L. 93–177, § 4, Dec.

6, 1973, 87 Stat. 695; P.L. 93–527, § 7, Dec. 21, 1974, 88 Stat. 1704; P.L. 94–169,

§ 201, Dec. 23, 1975, 89 Stat. 1019; P.L. 94–432, § 301, Sept. 30, 1976, 90 Stat. 1371;

P.L. 95–204, § 201, Dec. 2, 1977, 91 Stat. 1457; P.L. 95–588, § 201, Nov. 4, 1978,

92 Stat. 2505; P.L. 96–466, § 605(c)(1), Oct. 17, 1980, 94 Stat. 2211; P.L. 97–295,

§ 4(10), Oct. 12, 1982, 96 Stat. 1305; P.L. 100–687, § 1402(a), Nov. 18, 1988, 102

Stat. 4129; P.L. 102–40, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1315

and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404– 406; P.L. 102–86, § 102, Aug. 14, 1991, 105 Stat. 414; P.L. 103–271, § 9(a), July 1,

1994, 108 Stat. 743; P.L. 104–275, § 405(c)(1), Oct. 9, 1996, 110 Stat. 3340.)

§ 1316. Dependency and indemnity compensation in cases of

prior deaths

(a)(1) Any person who is eligible as a surviving spouse or child

for death compensation by reason of a death occurring before

January 1, 1957, may receive dependency and indemnity compensation upon application therefor.

(2) Any person who is eligible as a parent, or, but for such person’s annual income, would be eligible as a parent, for death compensation by reason of a death occurring before January 1, 1957,

may receive dependency and indemnity compensation upon application therefor; however, the annual income limitations established

by section 1315 of this title shall apply to each such parent.

(b)(1) Whenever the surviving spouse of a veteran has been

granted dependency and indemnity compensation by reason of this

section, payments to such surviving spouse and to the children of

the veteran shall thereafter be made under this chapter, and shall

not thereafter be made to them by reason of the death of the veteran under (A) other provisions of law administered by the Secretary providing for the payment of compensation or pension, or (B)

subchapter I of chapter 81 of title 5.

(2) Whenever the child or parent of any veteran is granted dependency and indemnity compensation, payments shall not thereafter be made to such child or parent by reason of the death of the

veteran under (A) other provisions of law administered by the Secretary providing for the payment of compensation or pension, or (B)

subchapter I of chapter 81 of title 5.

(c) If children of a deceased individual are receiving death compensation, and all such children have not applied for dependency

and indemnity compensation, (1) dependency and indemnity compensation paid to each child who has applied therefor shall not exceed the amounts which would be paid if the application had been

made by, or on behalf of, all such children, and (2) benefits paid

under other provisions of law administered by the Secretary providing for the payment of compensation or pension, or under subchapter I of chapter 81 of title 5, to each child who has not so applied therefor shall not exceed the amounts which would be paid

to such child if no such application had been made.

(d) If there are two parents of a deceased individual eligible for

benefits by reason of subsection (a), and an application for dependency and indemnity compensation is not made by both parents, (1)

dependency and indemnity compensation paid to the parent who

applies therefor shall not exceed the amounts which would be paid
109 CH. 13—DEPENDENCY AND INDEMNITY COMPENSATION § 1317

1 A prior subsection (a) of section 1317 was repealed by section 5 of P.L. 92–197.

Section 8 of P.L. 92–197 provides:

Sec. 8. Any person who before January 1, 1972, was not eligible for dependency and indemnity

compensation under such title by reason of the provisions of the prior section 1317(a) of title

38, United States Code, may elect, in such manner as the Administrator of Veterans’ Affairs

shall prescribe, to receive dependency and indemnity compensation, and an election so made

shall be final. A person receiving, or entitled to receive, death compensation on December 31,

1971, shall continue to receive death compensation, if otherwise eligible, in the absence of an

election to receive dependency and indemnity compensation.

to such parent if both parents had so applied, and (2) benefits paid

under other provisions of law administered by the Secretary providing for the payment of compensation, or under subchapter I of

chapter 81 of title 5, to the parent who has not so applied therefor

shall not exceed the amounts which would be paid to such parent

if no such application had been made.

(e)(1) Except as provided in paragraphs (3) and (4), no person

who, on January 1, 1957, was a principal or contingent beneficiary

of any payments under the Servicemen’s Indemnity Act of 1951

may receive any such payments based upon the death giving rise

to such payments after such person has been granted dependency

and indemnity compensation based upon that death. No principal

or contingent beneficiary who has assigned such beneficiary’s interest in payments under the Servicemen’s Indemnity Act of 1951

after June 28, 1956, may receive any payments under this chapter

based upon the death giving rise to such payments until the portion of the indemnity so assigned is no longer payable to any person.

(2) Where a beneficiary is barred from the receipt of payments

under the Servicemen’s Indemnity Act of 1951 by virtue of the first

sentence of paragraph (1), no payments of the portion of indemnity

in which such beneficiary had an interest shall be made to any

other beneficiary.

(3) In the case of a child who has applied for dependency and indemnity compensation pursuant to this section or prior corresponding provisions of law, and who is or becomes a beneficiary

under the Servicemen’s Indemnity Act of 1951 by reason of the

death giving rise to such child’s eligibility for dependency and indemnity compensation, the Secretary shall determine and pay to

such child for each month, or part thereof, payments under this

chapter or under such Act, whichever payment the Secretary determines to be the greater amount.

(4) Notwithstanding paragraph (2), where a child receives dependency and indemnity compensation under this chapter, and

thereafter dies, the portion of servicemen’s indemnity in which

such child had an interest may be paid (subject to paragraph (3))

to another child of the person by reason of whose death such servicemen’s indemnity was payable.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1130, § 416; P.L. 94–433, § 405(11)–(16), Sept.

30, 1976, 90 Stat. 1380; P.L. 97–295, § 4(11), Oct. 12, 1982, 96 Stat. 1305; renumbered § 1316 and amended P.L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 403–406.)

§ 1317. Restriction on payments under this chapter 1

(a) Except as provided in subsection (b), no person eligible for dependency and indemnity compensation by reason of any death occurring after December 31, 1956, shall be eligible by reason of such
§ 1317 CH. 13—DEPENDENCY AND INDEMNITY COMPENSATION 110

death for any payments under (1) provisions of law administered

by the Secretary providing for the payment of death compensation

or death pension, or (2) subchapter I of chapter 81 of title 5.

(b) A surviving spouse who is eligible for dependency and indemnity compensation may elect to receive death pension instead of

such compensation.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1132, § 417; P.L. 91–291, § 13(a), (b), June 25,

1970, 84 Stat. 332; P.L. 92–197, § 5, Dec. 15, 1971, 85 Stat. 662; P.L. 97–295, § 4(11),

Oct. 12, 1982, 96 Stat. 1305; renumbered § 1317 and amended P.L. 102–83,

§§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406; P.L. 103–446, § 111(a), Nov. 2,

1994, 108 Stat. 4654.)

§ 1318. Benefits for survivors of certain veterans rated totally disabled at time of death

(a) The Secretary shall pay benefits under this chapter to the

surviving spouse and to the children of a deceased veteran described in subsection (b) of this section in the same manner as if

the veteran’s death were service connected.

(b) A deceased veteran referred to in subsection (a) of this section

is a veteran who dies, not as the result of the veteran’s own willful

misconduct, and who was in receipt of or entitled to receive (or but

for the receipt of retired or retirement pay was entitled to receive)

compensation at the time of death for a service-connected disability

rated totally disabling if—

(1) the disability was continuously rated totally disabling for

a period of 10 or more years immediately preceding death;

(2) the disability was continuously rated totally disabling for

a period of not less than five years from the date of such veteran’s discharge or other release from active duty; or

(3) the veteran was a former prisoner of war who died after

September 30, 1999, and the disability was continuously rated

totally disabling for a period of not less than one year immediately preceding death.

(c) Benefits may not be paid under this chapter by reason of this

section to a surviving spouse of a veteran unless—

(1) the surviving spouse was married to the veteran for one

year or more immediately preceding the veteran’s death; or

(2) a child was born of the marriage or was born to them before the marriage.

(d) If a surviving spouse or a child receives any money or property of value pursuant to an award in a judicial proceeding based

upon, or a settlement or compromise of, any cause of action for

damages for the death of a veteran described in subsection (a) of

this section, benefits under this chapter payable to such surviving

spouse or child by virtue of this section shall not be paid for any

month following a month in which any such money or property is

received until such time as the total amount of such benefits that

would otherwise have been payable equals the total of the amount

of the money received and the fair market value of the property received.

(e) For purposes of sections 1448(d) and 1450(c) of title 10, eligibility for benefits under this chapter by virtue of this section shall

be deemed eligibility for dependency and indemnity compensation

under section 1311(a) of this title.
111 CH. 13—DEPENDENCY AND INDEMNITY COMPENSATION § 1323

(Added P.L. 100–687, § 1403(a)(1), Nov. 18, 1988, 102 Stat. 4130, § 418; amended

P.L. 101–237, § 113, Dec. 18, 1989, 103 Stat. 2065; renumbered § 1318 and amended

P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 106– 117, § 502, Nov. 30, 1999, 113 Stat. 1574; P.L. 106–419, § 404(a)(2), Nov. 1, 2000,

114 Stat. 1864.)

SUBCHAPTER III—CERTIFICATIONS

§ 1321. Certifications with respect to pay grade

The Secretary concerned shall, at the request of the Secretary,

certify to the Secretary the pay grade of deceased persons with respect to whose deaths applications for benefits are filed under this

chapter. The certification of the Secretary concerned shall be binding upon the Secretary.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1132, § 421; P.L. 91–96, § 4, Oct. 27, 1969, 83

Stat. 145; P.L. 94–433, § 405(17), Sept. 30, 1976, 90 Stat. 1380; renumbered § 1321

and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1322. Certifications with respect to social security entitlement

(a) Determinations required by section 1312(a) of this title (other

than a determination required by section 1312(a)(2) of this title) as

to whether any survivor described in section 1312(a)(3) of this title

of a deceased individual would be entitled to benefits under section

202 of the Social Security Act (42 U.S.C. 402) for any month and

as to the amount of the benefits which would be paid for such

month, if the deceased veteran had been a fully and currently insured individual at the time of such veteran’s death, shall be made

by the Secretary of Health and Human Services, and shall be certified by such Secretary to the Secretary of Veterans Affairs upon

request of the Secretary of Veterans Affairs.

(b) The Secretary shall pay to the Secretary of Health and

Human Services an amount equal to the costs which will be incurred in making determinations and certifications under subsection (a). Such payments shall be made with respect to the costs

incurred during such period (but not shorter than a calendar quarter) as the two Secretaries may prescribe, with the amount of such

payments to be made on the basis of estimates made by the Secretary of Health and Human Services after consultation with the

Secretary. The amount payable for any period shall be increased or

reduced to compensate for any underpayment or overpayment, as

the case may be, of the costs incurred in any preceding period.

(c) Except with respect to determinations made under subsection

(a) of this section, the Secretary shall prescribe such regulations as

may be necessary to carry out the provisions of this section and

section 1312(a) of this title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1132, § 422; P.L. 87–268, § 1(b), (c), Sept. 21,

1961, 75 Stat. 566; P.L. 94–433, § 405(18), Sept. 30, 1976, 90 Stat. 1380; P.L. 97– 295, § 4(12), (95)(A), Oct. 12, 1982, 96 Stat. 1305, 1313; renumbered § 1322 and

amended P.L. 102–83, §§ 4(b)(1), (2)(A), (E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404– 406.)

§ 1323. Certifications with respect to circumstances of death

Whenever the Secretary determines on the basis of a claim for

benefits filed with the Secretary that a death occurred under the

circumstances referred to in section 1476(a) of title 10, the
§ 1323 CH. 13—DEPENDENCY AND INDEMNITY COMPENSATION 112

Secretary shall certify that fact to the Secretary concerned. In all

other cases, the Secretary shall make the determination referred to

in such section at the request of the Secretary concerned.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1133, § 423; P.L. 94–433, § 405(19), Sept. 30,

1976, 90 Stat. 1380; P.L. 102–54, § 14(b)(4), June 13, 1991, 105 Stat. 283; renumbered § 1323 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), (3)(A), 5(a), Aug. 6, 1991,

105 Stat. 404–406.)
(113)

CHAPTER 15—PENSION FOR NON–SERVICE–CONNECTED

DISABILITY OR DEATH OR FOR SERVICE

SUBCHAPTER I—GENERAL

Sec.

1501. Definitions.

1502. Determinations with respect to disability.

1503. Determinations with respect to annual income.

1504. Persons heretofore having a pensionable status.

1505. Payment of pension during confinement in penal institutions.

1506. Resource reports and overpayment adjustments.

1507. Disappearance.

1508. Frequency of payment of pension benefits.

SUBCHAPTER II—VETERANS’ PENSIONS

Service Pension

1510. [Repealed.]

1511. Indian War veterans.

1512. Spanish-American War veterans.

1513. Veterans 65 years of age and older.

Non-Service-Connected Disability Pension

1521. Veterans of a period of war.

1522. Net worth limitation.

1523. Combination of ratings.

1524. Vocational training for certain pension recipients.

1525. Protection of health-care eligibility.

SUBCHAPTER III—PENSIONS TO SURVIVING SPOUSES AND CHILDREN

Wars Before World War I

1531. [Repealed.]

1532. Surviving spouses of Civil War veterans.

1533. Children of Civil War veterans.

1534. Surviving spouses of Indian War veterans.

1535. Children of Indian War veterans.

1536. Surviving spouses of Spanish-American War veterans.

1537. Children of Spanish-American War veterans.

Other Periods of War

1541. Surviving spouses of veterans of a period of war.

1542. Children of veterans of a period of war.

1543. Net worth limitation.

1544. [Repealed.]

SUBCHAPTER IV—ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF HONOR ROLL

1560. Medal of Honor Roll; persons eligible.

1561. Certificate.

1562. Special provisions relating to pension.

SUBCHAPTER I—GENERAL

§ 1501. Definitions

For the purposes of this chapter—

(1) The term ‘‘Indian Wars’’ means the campaigns, engagements,

and expeditions of the United States military forces against Indian
§ 1501 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH 114

tribes or nations, service in which has been recognized heretofore

as pensionable service.

(2) The term ‘‘World War I’’ includes, in the case of any veteran,

any period of service performed by such veteran after November

11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, or air service after April 5, 1917, and before

November 12, 1918.

(3) The term ‘‘Civil War veteran’’ includes a person who served

in the military or naval forces of the Confederate States of America

during the Civil War, and the term ‘‘active military or naval service’’ includes active service in those forces.

(4) The term ‘‘period of war’’ means the Mexican border period,

World War I, World War II, the Korean conflict, the Vietnam era,

the Persian Gulf War, and the period beginning on the date of any

future declaration of war by the Congress and ending on the date

prescribed by Presidential proclamation or concurrent resolution of

the Congress.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1134, § 501; P.L. 94–169, § 106(1), Dec. 23,

1975, 89 Stat. 1017; P.L. 95–588, § 101, Nov. 4, 1978, 92 Stat. 2497; P.L. 102–25,

§ 333(a), Apr. 6, 1991, 105 Stat. 88; renumbered § 1501, P.L. 102–83, § 5(a), Aug. 6,

1991, 105 Stat. 406.)

§ 1502. Determinations with respect to disability

(a) For the purposes of this chapter, a person shall be considered

to be permanently and totally disabled if such person is any of the

following:

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

of disability.

(2) Disabled, as determined by the Commissioner of Social

Security for purposes of any benefits administered by the Commissioner.

(3) Unemployable as a result of disability reasonably certain

to continue throughout the life of the person.

(4) Suffering from—

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

disability will continue throughout the life of the person;

or

(B) any disease or disorder determined by the Secretary

to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and

totally disabled.

(b) For the purposes of this chapter, a person shall be considered

to be in need of regular aid and attendance if such person is (1)

a patient in a nursing home or (2) helpless or blind, or so nearly

helpless or blind as to need or require the regular aid and attendance of another person.

(c) For the purposes of this chapter, the requirement of ‘‘permanently housebound’’ will be considered to have been met when the

veteran is substantially confined to such veteran’s house (ward or

clinical areas, if institutionalized) or immediate premises due to a

disability or disabilities which it is reasonably certain will remain

throughout such veteran’s lifetime.
115 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH § 1503

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1134, § 502; P.L. 88–664, § 6(b), Oct. 13, 1964,

78 Stat. 1095; P.L. 90–77, § 102, Aug. 31, 1967, 81 Stat. 178; P.L. 94–169, § 106(2),

Dec. 23, 1975, 89 Stat. 1017; P.L. 94–432, § 201, Sept. 30, 1976, 90 Stat. 1369; P.L.

101–508, § 8002(a), Nov. 5, 1990, 104 Stat. 1388–342; renumbered § 1502 and

amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; P.L.

107–103, § 206(a), Dec. 27, 2001, 115 Stat. 990.)

§ 1503. Determinations with respect to annual income

(a) In determining annual income under this chapter, all payments of any kind or from any source (including salary, retirement

or annuity payments, or similar income, which has been waived, irrespective of whether the waiver was made pursuant to statute,

contract, or otherwise) shall be included except—

(1) donations from public or private relief or welfare organizations;

(2) payments under this chapter;

(3) amounts equal to amounts paid by a spouse of a veteran

for the expenses of such veteran’s last illness, and by a surviving spouse or child of a deceased veteran for— (A) such veteran’s just debts,

(B) the expenses of such veteran’s last illness, and

(C) the expenses of such veteran’s burial to the extent

such expenses are not reimbursed under chapter 23 of this

title;

(4) amounts equal to amounts paid—

(A) by a veteran for the last illness and burial of such

veteran’s deceased spouse or child, or

(B) by the spouse of a living veteran or the surviving

spouse of a deceased veteran for the last illness and burial

of a child of such veteran;

(5) reimbursements of any kind for any casualty loss (as defined in regulations which the Secretary shall prescribe), but

the amount excluded under this clause may not exceed the

greater of the fair market value or reasonable replacement

value of the property involved at the time immediately preceding the loss;

(6) profit realized from the disposition of real or personal

property other than in the course of a business;

(7) amounts in joint accounts in banks and similar institutions acquired by reason of death of other joint owner;

(8) amounts equal to amounts paid by a veteran, veteran’s

spouse, or surviving spouse or by or on behalf of a veteran’s

child for unreimbursed medical expenses, to the extent that

such amounts exceed 5 percent of the maximum annual rate

of pension (including any amount of increased pension payable

on account of family members but not including any amount of

pension payable because a person is in need of regular aid and

attendance or because a person is permanently housebound)

payable to such veteran, surviving spouse, or child;

(9) in the case of a veteran or surviving spouse pursuing a

course of education or vocational rehabilitation or training,

amounts equal to amounts paid by such veteran or surviving

spouse for such course of education or vocational rehabilitation

or training, including (A) amounts paid for tuition, fees, books,

and materials, and (B) in the case of such a veteran or sur-
§ 1503 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH 116

viving spouse in need of regular aid and attendance, unreimbursed amounts paid for unusual transportation expenses in

connection with the pursuit of such course of education or vocational rehabilitation or training, to the extent that such

amounts exceed the reasonable expenses which would have

been incurred by a nondisabled person using an appropriate

means of transportation (public transportation, if reasonably

available); and

(10) in the case of a child, any current-work income received

during the year, to the extent that the total amount of such income does not exceed an amount equal to the sum of—

(A) the lowest amount of gross income for which an income tax return is required under section 6012(a) of the

Internal Revenue Code of 1986, to be filed by an individual

who is not married (as determined under section 7703 of

such Code), is not a surviving spouse (as defined in section

2(a) of such Code), and is not a head of household (as defined in section 2(b) of such Code); and

(B) if the child is pursuing a course of postsecondary

education or vocational rehabilitation or training, the

amount paid by such child for such course of education or

vocational rehabilitation or training, including the amount

paid for tuition, fees, books, and materials.

(b) Where a fraction of a dollar is involved, annual income shall

be fixed at the next lower dollar.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1134, § 503; P.L. 86–211, § 2(a), Aug. 29, 1959,

73 Stat. 432; P.L. 87–268, § 1(b), Sept. 21, 1961, 75 Stat. 566; P.L. 88–664, § 1, Oct.

13, 1964, 78 Stat. 1094; P.L. 90–77, § 103, Aug. 31, 1967, 81 Stat. 178; P.L. 91–588,

§ 7, Dec. 24, 1970, 84 Stat. 1584; P.L. 92–198, § 2, Dec. 15, 1971, 85 Stat. 664; P.L.

92–425, § 6(2), Sept. 21, 1972, 86 Stat. 713; P.L. 94–169, §§ 101(2)(A), 106(3)–(8),

Dec. 23, 1975, 89 Stat. 1013, 1017; P.L. 95–588, § 102, Nov. 4, 1978, 92 Stat. 2497;

P.L. 97–295, § 4(13), Oct. 12, 1982, 96 Stat. 1305; P.L. 100–687, § 1402(b), Nov. 18,

1988, 102 Stat. 4130; P.L. 102–54, § 14(b)(5), June 13, 1991, 105 Stat. 283; renumbered § 1503 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105

Stat. 404–406.)

§ 1504. Persons heretofore having a pensionable status

The pension benefits of subchapters II and III of this chapter

shall, notwithstanding the service requirements of such subchapters, be granted to persons heretofore recognized by law as

having a pensionable status.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1134, § 504; renumbered § 1504, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 1505. Payment of pension during confinement in penal institutions

(a) No pension under public or private laws administered by the

Secretary shall be paid to or for an individual who has been imprisoned in a Federal, State, or local penal institution as a result of

conviction of a felony or misdemeanor for any part of the period beginning sixty-one days after such individual’s imprisonment begins

and ending when such individual’s imprisonment ends.

(b) Where any veteran is disqualified for pension for any period

solely by reason of subsection (a) of this section, the Secretary may

apportion and pay to such veteran’s spouse or children the pension
117 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH § 1506

which such veteran would receive for that period but for this section.

(c) Where any surviving spouse or child of a veteran is disqualified for pension for any period solely by reason of subsection (a) of

this section, the Secretary may (1) if the surviving spouse is so disqualified, pay to the child, or children, the pension which would be

payable if there were no such surviving spouse or (2) if a child is

so disqualified, pay to the surviving spouse or other children, as applicable, the pension which would be payable if there were no such

child.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1134, § 505; P.L. 94–169, § 106(9)–(11), Dec. 23,

1975, 89 Stat. 1017; renumbered § 1505 and amended P.L. 102–83, §§ 4(a)(1), (b)(1),

(2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403–406.)

§ 1506. Resource reports and overpayment adjustments

As a condition of granting or continuing pension under section

1521, 1541, or 1542 of this title, the Secretary— (1) may require from any person who is an applicant for or

a recipient of pension such information, proofs, and evidence as

the Secretary determines to be necessary in order to determine

the annual income and the value of the corpus of the estate of

such person, and of any spouse or child for whom the person

is receiving or is to receive increased pension (such a child is

hereinafter in this subsection referred to as a ‘‘dependent

child’’), and, in the case of a child applying for or in receipt of

pension under section 1542 of this title (hereinafter in this subsection referred to as a ‘‘surviving child’’), of any person with

whom such child is residing who is legally responsible for such

child’s support;

(2) may require that any such applicant or recipient file for

a calendar year with the Department (on such form as may be

prescribed for such purpose by the Secretary) a report

showing—

(A) the annual income which such applicant or recipient

(and any such spouse or dependent child) received during

the preceding year, the corpus of the estate of such applicant or recipient (and of any such spouse or dependent

child) at the end of such year, and in the case of a surviving child, the income and corpus of the estate of any

person with whom such child is residing who is legally responsible for such child’s support;

(B) such applicant’s or recipient’s estimate for the then

current year of the annual income such applicant or recipient (and any such spouse or dependent child) expects to receive and of any expected increase in the value of the corpus of the estate of such applicant or recipient (and for any

such spouse or dependent child); and

(C) in the case of a surviving child, an estimate for the

then current year of the annual income of any person with

whom such child is residing who is legally responsible for

such child’s support and of any expected increase in the

value of the corpus of the estate of such person;

(3) shall require that any such applicant or recipient promptly notify the Secretary whenever there is a material change in
§ 1506 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH 118

the annual income of such applicant or recipient (or of any

such spouse or dependent child) or a material change in the

value of the corpus of the estate of such applicant or recipient

(or of any such spouse or dependent child), and in the case of

a surviving child, a material change in the annual income or

value of the corpus of the estate of any person with whom such

child is residing who is legally responsible for such child’s support; and

(4) shall require that any such applicant or recipient applying for or in receipt of increased pension on account of a person

who is a spouse or child of such applicant or recipient promptly

notify the Secretary if such person ceases to meet the applicable definition of spouse or child.

(Added P.L. 86–211, § 2(b), Aug. 29, 1959, 73 Stat. 432, § 506; amended P.L. 88–664,

§ 2, Oct. 13, 1964, 78 Stat. 1094; P.L. 91–588, § 6, Dec. 24, 1970, 84 Stat. 1584; P.L.

94–169, § 106(12)–(14), Dec. 23, 1975, 89 Stat. 1017; P.L. 95–588, § 103, Nov. 4,

1978, 92 Stat. 2498; P.L. 96–466, § 605(c)(2), Oct. 17, 1980, 94 Stat. 2211; renumbered § 1506 and amended P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug.

6, 1991, 105 Stat. 404–406; P.L. 103–271, § 9(b), July 1, 1994, 108 Stat. 743.)

§ 1507. Disappearance

Where a veteran receiving pension under subchapter II of this

chapter disappears, the Secretary may pay the pension otherwise

payable to such veteran’s spouse and children. In applying the provisions of this section, the Secretary may presume, without reports

pursuant to section 1506(a) of this title, that the status of the veteran at the time of disappearance, with respect to permanent and

total disability, income, and net worth, continues unchanged. Payments made to a spouse or child under this section shall not exceed

the amount to which each would be entitled if the veteran died of

a non-service-connected disability.

(Added P.L. 89–467, § 1(a), June 22, 1966, 80 Stat. 218, § 507; amended P.L. 94–

169, § 106(15), Dec. 23, 1975, 89 Stat. 1017; renumbered § 1507 and amended P.L.

102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1508. Frequency of payment of pension benefits

(a) Except as provided under subsection (b) of this section, benefits under sections 1521, 1541, and 1542 of this title shall be paid

monthly.

(b) Under regulations which the Secretary shall prescribe, benefits under sections 1521, 1541, and 1542 of this title may be paid

less frequently than monthly if the amount of the annual benefit

is less than 4 percent of the maximum annual rate payable to a

veteran under section 1521(b) of this title.

(Added P.L. 95–588, § 104(a), Nov. 4, 1978, 92 Stat. 2499, § 508; amended P.L. 102–

54, § 14(b)(6), June 13, 1991, 105 Stat. 283; renumbered § 1508 and amended P.L.

102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)
119 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH § 1512

SUBCHAPTER II—VETERANS’ PENSIONS

SERVICE PENSION

[§ 1510. Repealed. P.L. 94–169, § 101(2)(f).]

§ 1511. Indian War veterans

(a) The Secretary shall pay to each veteran of the Indian Wars

who meets the service requirements of this section a pension at the

following monthly rate:

(1) $101.59; or

(2) $135.45 if the veteran is in need of regular aid and attendance.

(b) A veteran meets the service requirements of this section if

such veteran served in one of the Indian Wars—

(1) for thirty days or more; or

(2) for the duration of such Indian War;

in any military organization, whether or not such service was the

result of regular muster into the service of the United States, if

such service was under the authority or by the approval of the

United States or any State.

(c)(1) Any veteran eligible for pension under this section shall, if

such veteran so elects, be paid pension at the rates prescribed by

section 1521 of this title, and under the conditions (other than the

service requirements) applicable to pension paid under that section

to veterans of World War I. If pension is paid pursuant to such an

election, the election shall be irrevocable, except as provided in

paragraph (2).

(2) The Secretary shall pay each month to each veteran of the Indian Wars who is receiving, or entitled to receive, pension based on

a need of regular aid and attendance, whichever amount is greater

(A) that provided by paragraph (2) of subsection (a) of this section,

or (B) that which is payable to the veteran under section 1521 of

this title if such veteran has elected, or would be payable if such

veteran were to elect, to receive pension under such section pursuant to paragraph (1) of this subsection. Each change in the amount

of pension payment required by this paragraph shall be effective as

of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1135, § 511; P.L. 86–670, § 1, July 14, 1960,

74 Stat. 545; P.L. 90–77, § 111(a), Aug. 31, 1967, 81 Stat. 181; P.L. 94–169,

§ 106(16), Dec. 23, 1975, 89 Stat. 1017; renumbered § 1511 and amended P.L. 102–

83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1512. Spanish-American War veterans

(a)(1) The Secretary shall pay to each veteran of the SpanishAmerican War who meets the service requirements of this subsection a pension at the following monthly rate:

(A) $101.59; or

(B) $135.45 if the veteran is in need of regular aid and attendance.
§ 1512 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH 120

(2) A veteran meets the service requirements of this subsection

if such veteran served in the active military or naval service—

(A) for ninety days or more during the Spanish-American

War;

(B) during the Spanish-American War and was discharged or

released from such service for a service-connected disability; or

(C) for a period of ninety consecutive days or more and such

period began or ended during the Spanish-American War.

(3)(A) Any veteran eligible for pension under this subsection

shall, if such veteran so elects, be paid pension at the rates prescribed by section 1521 of this title (except the rate provided under

subsection (g) of such section), and under the conditions (other than

the service requirements) applicable to pension paid under that

section to veterans of a period of war. If pension is paid pursuant

to such an election, the election shall be irrevocable.

(B) The Secretary shall pay each month to each Spanish-American War veteran who is receiving, or entitled to receive, pension

based on a need of regular aid and attendance, whichever amount

is greater (i) that provided by subparagraph (B) of subsection (a)(1)

of this section, or (ii) that which is payable to the veteran under

section 1521 of this title as in effect on December 31, 1978, under

regulations which the Secretary shall prescribe. Each change in the

amount of pension payment required by this subparagraph shall be

effective as of the first day of the month during which the facts of

the particular case warrant such change, and shall be made without specific application therefor.

(b)(1) The Secretary shall pay to each veteran of the SpanishAmerican War who does not meet the service requirements of subsection (a), but who meets the service requirements of this subsection, a pension at the following monthly rate:

(A) $67.73; or

(B) $88.04 if the veteran is in need of regular aid and attendance.

(2) A veteran meets the service requirements of this subsection

if such veteran served in the active military or naval service—

(A) for seventy days or more during the Spanish-American

War; or

(B) for a period of seventy consecutive days or more and such

period began or ended during the Spanish-American War.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1135, § 512; P.L. 86–670, § 2, July 14, 1960,

74 Stat. 545; P.L. 90–77, § 111(b), Aug. 31, 1967, 81 Stat. 181; P.L. 94–169,

§ 106(17), Dec. 23, 1975, 89 Stat. 1017; P.L. 95–588, § 105, Nov. 4, 1978, 92 Stat.

2500; renumbered § 1512 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 404–406.)

§ 1513. Veterans 65 years of age and older

(a) The Secretary shall pay to each veteran of a period of war

who is 65 years of age or older and who meets the service requirements of section 1521 of this title (as prescribed in subsection (j)

of that section) pension at the rates prescribed by 1521 of this title

and under the conditions (other than the permanent and total disability requirement) applicable to pension paid under that section.
121 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH § 1521

1Pursuant to section 5312 of this title, rates specified in this section and in sections 1541 and

1542 and the rates and income limitations specified in section 1315 of this title are increased

by the same percentage and effective on the same date (generally December 1 of each year) as

Social Security benefits (under title II of the Social Security Act) are increased. The Department

publishes these new rates in the Federal Register as amendments to sections 3.23–3.26 of title

38 of the Code of Federal Regulations.

As of December 1, 2001, the annual rates specified in this section were increased as follows:

(1) Veterans permanently and totally disabled (subsecs. (b) and (c)): Veteran with no dependents, $9,556, veteran with one dependent, $12,516; and for each additional dependent,

$1,630.

(2) Veterans in need of aid and attendance (subsec. (d)): Veteran with no dependents,

$15,945, veteran with one dependent, $18,902: and for each additional dependent, $1,630.

(3) Veterans who are housebound (subsec. (e)): Veteran with no dependents, $11,679, veteran with one dependent, $14,639; and for each additional dependent, $1,630.

(4) Two veterans married to one another; combined rates (subsec. (f)): Neither veteran in

need of aid and attendance or housebound, $12,516; either veteran in need of aid and attendance, $18,902; both veterans in need of aid and attendance, $24,628; either veteran

housebound, $14,639; both veterans housebound, $16,763; and one veteran housebound and

one veteran in need of aid and attendance, $21,022; for each dependent child, $1,630.

(5) Increase for Mexican border period and World War I veterans (subsec. (g)), $2,166.

(b) If a veteran is eligible for pension under both this section and

section 1521 of this title, pension shall be paid to the veteran only

under section 1521 of this title.

(Added P.L. 107–103, § 207(a)(1), Dec. 27, 2001, 115 Stat. 991.)

NON–SERVICE–CONNECTED DISABILITY PENSION

§ 1521. Veterans of a period of war 1

(a) The Secretary shall pay to each veteran of a period of war

who meets the service requirements of this section (as prescribed

in subsection (j) of this section) and who is permanently and totally

disabled from non-service-connected disability not the result of the

veteran’s willful misconduct, pension at the rate prescribed by this

section, as increased from time to time under section 5312 of this

title.

(b) If the veteran is unmarried (or married but not living with

or reasonably contributing to the support of such veteran’s spouse)

and there is no child of the veteran in the custody of the veteran

or to whose support the veteran is reasonably contributing, and unless the veteran is entitled to pension at the rate provided by subsection (d)(1) or (e) of this section, pension shall be paid to the veteran at the annual rate of $3,550, reduced by the amount of the

veteran’s annual income.

(c) If the veteran is married and living with or reasonably contributing to the support of such veteran’s spouse, or if there is a

child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, pension shall be paid

to the veteran at the annual rate of $4,651, unless the veteran is

entitled to pension at the rate provided by subsection (d)(2), (e), or

(f) of this section. If the veteran has two or more such family members, such annual rate shall be increased by $600 for each such

family member in excess of one. The rate payable shall be reduced

by the amount of the veteran’s annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such

family members.

(d)(1) If the veteran is in need of regular aid and attendance, the

annual rate of pension payable to the veteran under subsection (b)

of this section shall be $5,680, reduced by the amount of the veteran’s annual income.
§ 1521 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH 122

(2) If the veteran is in need of regular aid and attendance, the

annual rate of pension payable to the veteran under subsection (c)

of this section shall be $6,781. If such veteran has two or more

family members, as described in subsection (c) of this section, the

annual rate of pension shall be increased by $600 for each such

family member in excess of one. The rate payable shall be reduced

by the amount of the veteran’s annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such

family members.

(e) If the veteran has a disability rated as permanent and total

and (1) has additional disability or disabilities independently ratable at 60 per centum or more, or (2) by reason of a disability or

disabilities, is permanently housebound but does not qualify for

pension at the aid and attendance rate provided by subsection (d)

of this section, the annual rate of pension payable to the veteran

under subsection (b) of this section shall be $4,340 and the annual

rate of pension payable to the veteran under subsection (c) of this

section shall be $5,441. If such veteran has two or more family

members, as described in subsection (c) of this section, the annual

rate of pension shall be increased by $600 for each such family

member in excess of one. The rate payable shall be reduced by the

amount of the veteran’s annual income and, subject to subsection

(h)(1) of this section, the annual income of such family members.

(f)(1) If two veterans are married to one another and each meets

the disability and service requirements prescribed in subsections

(a) and (j), respectively, of this section, or the age and service requirements prescribed in section 1513 of this title, the annual rate

of pension payable to such veterans shall be a combined annual

rate of $4,651.

(2) If either such veteran is in need of regular aid and attendance, the annual rate provided by paragraph (1) of this subsection

shall be $6,781. If both such veterans are in need of regular aid

and attendance, such rate shall be $8,911.

(3) If either such veteran would be entitled (if not married to a

veteran) to pension at the rate provided by subsection (e) of this

section, the annual rate provided by paragraph (1) of this subsection shall be $5,441. If both such veterans would be entitled (if

not married to one another) to such rate, such rate shall be $6,231.

(4) If one such veteran is in need of regular aid and attendance

and the other would be entitled (if not married to a veteran) to the

rate provided for under subsection (e) of this section, the annual

rate provided by paragraph (1) of this subsection shall be $7,571.

(5) The annual rate provided by paragraph (1), (2), (3), or (4) of this subsection, as appropriate, shall (A) be increased by $600 for

each child of such veterans (or of either such veteran) who is in the

custody of either or both such veterans or to whose support either

such veteran is, or both such veterans are, reasonably contributing,

and (B) be reduced by the amount of the annual income of both

such veterans and, subject to subsection (h)(1) of this section, the

annual income of each such child.

(g) The annual rate of pension payable under subsection (b), (c),

(d), (e), or (f) of this section to any veteran who is a veteran of a

period of war shall be increased by $800 if veterans of such period

of war were not provided educational benefits or home loan benefits
123 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH § 1522

similar to those provided to veterans of later periods of war under

chapters 34 and 37, respectively, of this title or under prior corresponding provisions of law.

(h) For the purposes of this section:

(1) In determining the annual income of a veteran, if there

is a child of the veteran who is in the custody of the veteran

or to whose support the veteran is reasonably contributing,

that portion of the annual income of the child that is reasonably available to or for the veteran shall be considered to be

income of the veteran, unless in the judgment of the Secretary

to do so would work a hardship on the veteran.

(2) A veteran shall be considered as living with a spouse,

even though they reside apart, unless they are estranged.

(i) If the veteran is entitled under this section to pension on the

basis of such veteran’s own service and is also entitled to pension

on the basis of any other person’s service, the Secretary shall pay

such veteran only the greater benefit.

(j) A veteran meets the service requirements of this section if

such veteran served in the active military, naval, or air service— (1) for ninety days or more during a period of war;

(2) during a period of war and was discharged or released

from such service for a service-connected disability;

(3) for a period of ninety consecutive days or more and such

period began or ended during a period of war; or

(4) for an aggregate of ninety days or more in two or more

separate periods of service during more than one period of war.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1136, § 521; P.L. 86–211, § 3(a), Aug. 29, 1959,

73 Stat. 433; P.L. 87–101, § 1, July 21, 1961, 75 Stat. 218; P.L. 88–664, §§ 3(a), (b),

5, 6(a), 7, Oct. 13, 1964, 78 Stat. 1094, 1095; P.L. 90–77, § 104, § 202(a)–(c), Aug.

31, 1967, 81 Stat. 179, 182; P.L. 90–275, § 1(a), (b), Mar. 28, 1968, 82 Stat. 64, 65;

P.L. 91–588, §§ 1(a), (b), 3(b), 9(c), Dec. 24, 1970, 84 Stat. 1580, 1583, 1584; P.L.

92–198, §§ 1(a), (b), 5(b), Dec. 15, 1971, 85 Stat. 663, 664; P.L. 93–177, § 1(a), (b),

Dec. 6, 1973, 87 Stat. 694; P.L. 93–527, § 2, Dec. 21, 1974, 88 Stat. 1702; P.L. 94–

169, §§ 102, 106(18), Dec. 23, 1975, 89 Stat. 1014, 1018; P.L. 94–432, § 202, Sept.

30, 1976, 90 Stat. 1369; P.L. 95–204, § 101, Dec. 2, 1977, 91 Stat. 1455; P.L. 95–

588, § 106(a), Nov. 4, 1978, 92 Stat. 2500; P.L. 102–40, § 402(d)(1), May 7, 1991, 105

Stat. 239; renumbered § 1521 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug.

6, 1991, 105 Stat. 404–406; P.L. 107–103, § 207(b)(1), Dec. 27, 2001, 115 Stat. 991.)

§ 1522. Net worth limitation

(a) The Secretary shall deny or discontinue the payment of pension to a veteran under section 1513 or 1521 of this title when the

corpus of the estate of the veteran or, if the veteran has a spouse,

the corpus of the estates of the veteran and of the veteran’s spouse

is such that under all the circumstances, including consideration of

the annual income of the veteran, the veteran’s spouse, and the

veteran’s children, it is reasonable that some part of the corpus of

such estates be consumed for the veteran’s maintenance.

(b) The Secretary shall deny or discontinue the payment of increased pension under subsection (c), (d), (e), or (f) of section 1521

of this title on account of a child when the corpus of such child’s

estate is such that under all the circumstances, including consideration of the veteran’s and spouse’s income, and the income of the

veteran’s children, it is reasonable that some part of the corpus of

such child’s estate be consumed for the child’s maintenance. During

the period such denial or discontinuance remains in effect, such
§ 1522 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH 124

child shall not be considered as the veteran’s child for purposes of

this chapter.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1136, § 522; P.L. 86–211, § 3(b), Aug. 29, 1959,

73 Stat. 434; P.L. 95–588, § 107, Nov. 4, 1978, 92 Stat. 2502; renumbered § 1522 and

amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406;

P.L. 107–103, § 207(b)(2), Dec. 27, 2001, 115 Stat. 991.)

§ 1523. Combination of ratings

(a) The Secretary shall provide that, for the purpose of determining whether or not a veteran is permanently and totally disabled, ratings for service-connected disabilities may be combined

with ratings for non-service-connected disabilities.

(b) Where a veteran, by virtue of subsection (a), is found to be

entitled to a pension under section 1521 of this title, and is entitled

to compensation for a service-connected disability, the Secretary

shall pay such veteran the greater benefit.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1136, § 523; P.L. 94–169, § 106(19), Dec. 23,

1975, 89 Stat. 1018; renumbered § 1523 and amended P.L. 102–83, §§ 4(b)(1), (2)(E),

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1524. Vocational training for certain pension recipients

(a)(1) In the case of a veteran under age 45 who is awarded a

pension during the program period, the Secretary shall, based on

information on file with the Department of Veterans Affairs, make

a preliminary finding whether such veteran, with the assistance of

a vocational training program under this section, has a good potential for achieving employment. If such potential is found to exist,

the Secretary shall solicit from the veteran an application for vocational training under this section. If the veteran thereafter applies

for such training, the Secretary shall provide the veteran with an

evaluation, which may include a personal interview, to determine

whether the achievement of a vocational goal is reasonably feasible.

(2) If a veteran who is 45 years of age or older and is awarded

pension during the program period, or a veteran who was awarded

pension before the beginning of the program period, applies for vocational training under this section and the Secretary makes a preliminary finding on the basis of information in the application that,

with the assistance of a vocational training program under subsection (b) of this section, the veteran has a good potential for

achieving employment, the Secretary shall provide the veteran

with an evaluation in order to determine whether the achievement

of a vocational goal by the veteran is reasonably feasible. Any such

evaluation shall include a personal interview by a Department employee trained in vocational counseling.

(3) For the purposes of this section, the term ‘‘program period’’

means the period beginning on February 1, 1985, and ending on

December 31, 1995.

(b)(1) If the Secretary, based upon an evaluation under subsection (a) of this section, determines that the achievement of a vocational goal by a veteran is reasonably feasible, the veteran shall

be offered and may elect to pursue a vocational training program

under this subsection. If the veteran elects to pursue such a program, the program shall be designed in consultation with the vet-
125 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH § 1524

eran in order to meet the veteran’s individual needs and shall be

set forth in an individualized written plan of vocational rehabilitation of the kind described in section 3107 of this title.

(2)(A) Subject to subparagraph (B) of this paragraph, a vocational

training program under this subsection shall consist of vocationally

oriented services and assistance of the kind provided under chapter

31 of this title and such other services and assistance of the kind

provided under that chapter as are necessary to enable the veteran

to prepare for and participate in vocational training or employment.

(B) A vocational training program under this subsection— (i) may not exceed 24 months unless, based on a determination by the Secretary that an extension is necessary in order

for the veteran to achieve a vocational goal identified (before

the end of the first 24 months of such program) in the written

plan formulated for the veteran, the Secretary grants an extension for a period not to exceed 24 months;

(ii) may not include the provision of any loan or subsistence

allowance or any automobile adaptive equipment of the kind

provided under chapter 39 of this title; and

(iii) may include a program of education at an institution of

higher learning (as defined in sections 3452(b) and 3452(f), respectively, of this title) only in a case in which the Secretary

determines that the program involved is predominantly vocational in content.

(3) When a veteran completes a vocational training program

under this subsection, the Secretary may provide the veteran with

counseling of the kind described in section 3104(a)(2) of this title,

placement and postplacement services of the kind described in section 3104(a)(5) of this title, and training of the kind described in

section 3104(a)(6) of this title during a period not to exceed 18

months beginning on the date of such completion.

(4) A veteran may not begin pursuit of a vocational training program under this subsection after the later of (A) December 31,

1995, or (B) the end of a reasonable period of time, as determined

by the Secretary, following either the evaluation of the veteran

under subsection (a) of this section or the award of pension to the

veteran as described in subsection (a)(2) of this section. Any determination by the Secretary of such a reasonable period of time shall

be made pursuant to regulations which the Secretary shall prescribe.

(c) In the case of a veteran who has been determined to have a

permanent and total non-service-connected disability and who, not

later than one year after the date the veteran’s eligibility for counseling under subsection (b)(3) of this section expires, secures employment within the scope of a vocational goal identified in the veteran’s individualized written plan of vocational rehabilitation (or in

a related field which requires reasonably developed skills and the

use of some or all of the training or services furnished the veteran

under such plan), the evaluation of the veteran as having a permanent and total disability may not be terminated by reason of the

veteran’s capacity to engage in such employment until the veteran

first maintains such employment for a period of not less than 12

consecutive months.
§ 1524 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH 126

(d) A veteran who pursues a vocational training program under

subsection (b) of this section shall have the benefit of the provisions

of subsection (a) of section 1525 of this title beginning at such time

as the veteran’s entitlement to pension is terminated by reason of

income from work or training (as defined in subsection (b)(1) of

that section) without regard to the date on which the veteran’s entitlement to pension is terminated.

(e) Payments by the Secretary for education, training, and other

services and assistance under subsection (b) of this section (other

than the services of Department employees) shall be made from the

Department appropriations account from which payments for pension are made.

(Added P.L. 98–543, § 301(a)(1), Oct. 24, 1984, 98 Stat. 2744, § 524; amended P.L.

99–576, § 703(b)(1), Oct. 28, 1986, 100 Stat. 3303; P.L. 100–227, § 202, Dec. 31, 1987,

101 Stat. 1555; P.L. 100–687, § 1303(a), (b), Nov. 18, 1988, 102 Stat. 4128; P.L. 101–

237, § 114, Dec. 18, 1989, 103 Stat. 2065; renumbered § 1524 and amended P.L. 102–

83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L.

102–291, § 2(b), May 20, 1992, 106 Stat. 178; P.L. 102–568, § 402(a)–(c)(2)(A), Oct.

29, 1992, 106 Stat. 4337; P.L. 103–446, § 1201(g)(2), Nov. 2, 1994, 108 Stat. 4687.)

§ 1525. Protection of health-care eligibility

(a) In the case of a veteran whose entitlement to pension is terminated after January 31, 1985, by reason of income from work or

training, the veteran shall retain for a period of three years beginning on the date of such termination all eligibility for care and

services under such chapter that the veteran would have had if the

veteran’s entitlement to pension had not been terminated. Care

and services for which such a veteran retains eligibility include,

when applicable, drugs and medicines under section 1712(d) of this

title.

(b) For purposes of this section, the term ‘‘terminated by reason

of income from work or training’’ means terminated as a result of

the veteran’s receipt of earnings from activity performed for remuneration or with gain, but only if the veteran’s annual income from

sources other than such earnings would, taken alone, not result in

the termination of the veteran’s pension.

(Added P.L. 98–543, § 301(a)(1), Oct. 24, 1984, 98 Stat. 2746, § 525; amended P.L.

99–272, § 19011(d)(1), Apr. 7, 1986, 100 Stat. 378; P.L. 99–576, § 703(b)(2), Oct. 28,

1986, 100 Stat. 3303; P.L. 100–687, § 1303(c), Nov. 18, 1988, 102 Stat. 4128; renumbered § 1525 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406;

P.L. 102–291, § 2(c), May 20, 1992, 106 Stat. 178; P.L. 102–568, § 403(a), (b)(1), Oct.

29, 1992, 106 Stat. 4337; P.L. 104–262, § 101(e)(1), Oct. 9, 1996, 110 Stat. 3180.)

SUBCHAPTER III—PENSIONS TO SURVIVING SPOUSES AND

CHILDREN

WARS BEFORE WORLD WAR I

[§ 1531. Repealed. P.L. 94–169, § 101(2).]

§ 1532. Surviving spouses of Civil War veterans

(a) The Secretary shall pay to the surviving spouse of each Civil

War veteran who met the service requirements of this section a

pension at the following monthly rate:
127 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH § 1534

(1) $40.64 if such surviving spouse is below seventy years of

age; or

(2) $70 if such surviving spouse is seventy years of age or

older.

(b) If there is a child of the veteran, the rate of pension paid to

the surviving spouse under subsection (a) shall be increased by

$8.13 per month for each such child.

(c) A veteran met the service requirements of this section if such

veteran served for ninety days or more in the active military or

naval service during the Civil War, as heretofore defined under

public laws administered by the Veterans’ Administration or if

such veteran was discharged or released from such service upon a

surgeon’s certificate of disability.

(d) No pension shall be paid to a surviving spouse of a veteran

under this section unless such surviving spouse was married to

such veteran—

(1) before June 27, 1905; or

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage,

or was born to them before the marriage.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1137, § 532; P.L. 90–77, §§ 101(a), 105, Aug.

31, 1967, 81 Stat. 178, 179; P.L. 94–169, § 106(20)–(23), Dec. 23, 1975, 89 Stat. 1018;

P.L. 102–54, § 14(b)(7), June 13, 1991, 105 Stat. 283; renumbered § 1532 and amended P.L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403–406; P.L.

103–446, § 1201(a)(2), Nov. 2, 1994, 108 Stat. 4682.)

§ 1533. Children of Civil War veterans

Whenever there is no surviving spouse entitled to pension under

section 1532 of this title, the Secretary shall pay to the children of

each Civil War veteran who met the service requirements of section

1532 of this title a pension at the monthly rate of $73.13 for one

child, plus $8.13 for each additional child, with the total amount

equally divided.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1137, § 533; P.L. 94–169, § 106(25), Dec. 23,

1975, 89 Stat. 1018; renumbered § 1533 and amended P.L. 102–83, §§ 4(b)(1), (2)(E),

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1534. Surviving spouses of Indian War veterans

(a) The Secretary shall pay to the surviving spouse of each Indian War veteran who met the service requirements of section 1511

of this title a pension at the following monthly rate:

(1) $40.64 if such surviving spouse is below seventy years of

age; or

(2) $70 if such surviving spouse is seventy years of age or

older.

(b) If there is a child of the veteran, the rate of pension paid to

the surviving spouse under subsection (a) shall be increased by

$8.13 per month for each such child.

(c) No pension shall be paid to a surviving spouse of a veteran

under this section unless such surviving spouse was married to

such veteran—

(1) before March 4, 1917; or

(2) for one year or more; or
§ 1534 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH 128

(3) for any period of time if a child was born of the marriage,

or was born to them before the marriage.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1137, § 534; P.L. 90–77, §§ 101(a), 105, Aug.

31, 1967, 81 Stat. 178, 179; P.L. 94–169, § 106(26)–(29), Dec. 23, 1975, 89 Stat. 1018;

P.L. 102–54, § 14(b)(7), June 13, 1991, 105 Stat. 283; renumbered § 1534 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1535. Children of Indian War veterans

Whenever there is no surviving spouse entitled to pension under

section 1534 of this title, the Secretary shall pay to the children of

each Indian War veteran who met the service requirements of section 1511 of this title a pension at the monthly rate of $73.13 for

one child, plus $8.13 for each additional child, with the total

amount equally divided.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1137, § 535; P.L. 94–169, § 106(31), Dec. 23,

1975, 89 Stat. 1018; renumbered § 1535 and amended P.L. 102–83, §§ 4(b)(1), (2)(E),

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1536. Surviving spouses of Spanish-American War veterans

(a) The Secretary shall pay to the surviving spouse of each Spanish-American War veteran who met the service requirements of

section 1512(a) of this title a pension at the monthly rate of $70,

unless such surviving spouse was the spouse of the veteran during

such veteran’s service in the Spanish-American War, in which case the monthly rate shall be $75.

(b) If there is a child of the veteran, the rate of pension paid to

the surviving spouse under subsection (a) shall be increased by

$8.13 per month for each such child.

(c) No pension shall be paid to a surviving spouse of a veteran

under this section unless such surviving spouse was married to

such veteran— (1) before January 1, 1938; or

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage,

or was born to them before the marriage.

(d)(1) Any surviving spouse eligible for pension under this section

shall, if such surviving spouse so elects, be paid pension at the

rates prescribed by section 1541 of this title, and under the conditions (other than the service requirements) applicable to pension

paid under that section to surviving spouses of veterans of a period

of war. If pension is paid pursuant to such an election, the election

shall be irrevocable.

(2) The Secretary shall pay each month to the surviving spouse

of each Spanish-American War veteran who is receiving, or entitled

to receive, pension based on a need of regular aid and attendance,

whichever amount is greater (A) that which is payable to such surviving spouse under subsections (a) and (b) of this section as increased by section 544 of this title, as in effect on December 31,

1978; or (B) that which is payable under section 1541 of this title,

as in effect on December 31, 1978, as increased by such section

544, as in effect on such date, to a surviving spouse of a World War

I veteran with the same annual income and corpus of estate. Each

change in the amount of pension required by this paragraph shall

be effective as of the first day of the month during which the facts
129 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH § 1541

1 As explained in the footnote to section 1521, the rates specified in this section were increased, as of December 1, 2001, as follows:

(1) Surviving spouses alone and with a child or children of the deceased veteran in custody

of the surviving spouse (subsecs. (b) and (c)): Surviving spouse alone, $6,407; surviving

spouse and one child in his or her custody, $8,389; and for each additional child in his or

her custody, $1,630.

(2) Surviving spouses in need of aid and attendance (subsec. (d)): Surviving spouse alone,

$10,243; surviving spouse with one child in his or her custody, $12,221; and for each additional child in his or her custody, $1,630.

(3) Surviving spouses who are housebound (subsec. (e)): Surviving spouses alone, $7,832;

surviving spouse and one child in his or her custody, $9,810; and for each additional child

in his or her custody, $1,630.

of the particular case warrant such change, and shall be made

without specific application therefor.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 536; P.L. 90–77, §§ 101(a), 105, Aug.

31, 1967, 81 Stat. 178, 179; P.L. 92–328, § 107, June 30, 1972, 86 Stat. 395; P.L.

94–169, § 106(32)–(37), Dec. 23, 1975, 89 Stat. 1018, 1019; P.L. 95–588, § 108, Nov.

4, 1978, 92 Stat. 2502; renumbered § 1536 and amended P.L. 102–83, §§ 4(b)(1),

(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1537. Children of Spanish-American War veterans

Whenever there is no surviving spouse entitled to pension under

section 1536 of this title, the Secretary shall pay to the children of

each Spanish-American War veteran who met the service requirements of section 1512(a) of this title a pension at the monthly rate

of $73.13 for one child, plus $8.13 for each additional child, with

the total amount equally divided.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 537; P.L. 94–169, § 106(39), Dec. 23,

1975, 89 Stat. 1019; renumbered § 1537 and amended P.L. 102–83, §§ 4(b)(1), (2)(E),

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

OTHER PERIODS OF WAR

§ 1541. Surviving spouses of veterans of a period of war 1

(a) The Secretary shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in section 1521(j) of this title, or who at the time of death

was receiving (or entitled to receive) compensation or retirement

pay for a service-connected disability, pension at the rate prescribed by this section, as increased from time to time under section 5312 of this title.

(b) If no child of the veteran is in the custody of the surviving

spouse, pension shall be paid to the surviving spouse at the annual

rate of $2,379, reduced by the amount of the surviving spouse’s annual income.

(c) If there is a child of the veteran in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the

annual rate of $3,116. If the surviving spouse has custody of two

or more such children, the annual pension rate shall be increased

by $600 for each such child in excess of one. In each case, the rate

payable shall be reduced by the amount of the surviving spouse’s

annual income and, subject to subsection (g) of this section, the annual income of each such child.

(d)(1) If a surviving spouse who is entitled to pension under subsection (b) of this section is in need of regular aid and attendance,

the annual rate of pension payable to such surviving spouse shall
§ 1541 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH 130

be $3,806, reduced by the amount of the surviving spouse’s annual

income.

(2) If a surviving spouse who is entitled to pension under subsection (c) of this section is in need of regular aid and attendance,

the annual rate of pension payable to the surviving spouse shall be

$4,543. If there are two or more children of the veteran in such

surviving spouse’s custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child.

(e)(1) If the surviving spouse is permanently housebound but

does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension

payable to such surviving spouse under subsection (b) of this section shall be $2,908 and the annual rate of pension payable to such

surviving spouse under subsection (c) of this section shall be

$3,645. If there are two or more children of the veteran in such

surviving spouse’s custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the income of any child of the veteran for whom the surviving spouse is

receiving increased pension.

(2) For purposes of paragraph (1) of this subsection, the requirement of ‘‘permanently housebound’’ shall be met when the surviving spouse is substantially confined to such surviving spouse’s

house (ward or clinical areas, if institutionalized) or immediate

premises by reason of a disability or disabilities reasonably certain

to remain throughout such surviving spouse’s lifetime.

(f) No pension shall be paid under this section to a surviving

spouse of a veteran unless the spouse was married to the veteran—

(1) before (A) December 14, 1944, in the case of a surviving

spouse of a Mexican border period or World War I veteran, (B)

January 1, 1957, in the case of a surviving spouse of a World

War II veteran, (C) February 1, 1965, in the case of a surviving

spouse of a Korean conflict veteran, (D) May 8, 1985, in the

case of a surviving spouse of a Vietnam era veteran, or (E)

January 1, 2001, in the case of a surviving spouse of a veteran

of the Persian Gulf War;

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage,

or was born to them before the marriage.

(g) In determining the annual income of a surviving spouse for

the purposes of this section, if there is a child of the veteran in the

custody of the surviving spouse, that portion of the annual income

of the child that is reasonably available to or for the surviving

spouse shall be considered to be income of the surviving spouse,

unless in the judgment of the Secretary to do so would work a

hardship on the surviving spouse.

(h) As used in this section and section 1542 of this title, the term

‘‘veteran’’ includes a person who has completed at least two years

of honorable active military, naval, or air service, as certified by
131 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH § 1543

1 As explained in the footnote to section 1521, the rates specified in this section were increased, as of December 1, 2001, to $1,630.

the Secretary concerned, but whose death in such service was not

in line of duty.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 541; P.L. 86–211, § 4, Aug. 29, 1959,

73 Stat. 434; P.L. 88–664, § 3(c), (d), Oct. 13, 1964, 78 Stat. 1095; P.L. 90–77,

§§ 101(a), 106, § 202(d)–(f), Aug. 31, 1967, 81 Stat. 178, 179, 182; P.L. 90–275, § 1(c),

(d), Mar. 28, 1968, 82 Stat. 65, 66; P.L. 91–588, §§ 1(c), (d), 9(d), Dec. 24, 1970, 84

Stat. 1581, 1584; P.L. 92–198, § 1(c)–(e), Dec. 15, 1971, 85 Stat. 663, 664; P.L. 93– 177, § 1(c), (d), 2, Dec. 6, 1973, 87 Stat. 695; P.L. 93–527, § 3, Dec. 21, 1974, 88 Stat.

1703; P.L. 94–169, §§ 101(2)(B), (C), (H), 103, 106(40), Dec. 23, 1975, 89 Stat. 1013,

1014, 1016, 1019; P.L. 94–432, § 203, Sept. 30, 1976, 90 Stat. 1370; P.L. 95–204,

§ 102, Dec. 2, 1977, 91 Stat. 1456; P.L. 95–588, § 109(a), Nov. 4, 1978, 92 Stat. 2503;

P.L. 102–25, § 333(b), Apr. 6, 1991, 105 Stat. 88; P.L. 102–40, § 402(d)(1), May 7,

1991, 105 Stat. 239; renumbered § 1541 and amended P.L. 102–83, §§ 4(b)(1), (2)(E),

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1542. Children of veterans of a period of war 1

The Secretary shall pay to each child (1) who is the child of a

deceased veteran of a period of war who met the service requirements prescribed in section 1521(j) of this title, or who at the time

of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, and (2) who is not

in the custody of a surviving spouse eligible for pension under section 1541 of this title, pension at the annual rate of $600, as increased from time to time under section 5312 of this title and reduced by the amount of such child’s annual income; or, if such child

is residing with a person who is legally responsible for such child’s

support, at an annual rate equal to the amount by which the appropriate annual rate provided under section 1541(c) of this title

exceeds the sum of the annual income of such child and such person, but in no event may such annual rate of pension exceed the

amount by which $600, as increased from time to time under section 5312 of this title, exceeds the annual income of such child. The

appropriate annual rate under such section 1541(c) for the purposes of the preceding sentence shall be determined in accordance

with regulations which the Secretary shall prescribe.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 542; P.L. 86–211, § 4, Aug. 29, 1959,

73 Stat. 435; P.L. 88–664, § 4, Oct. 13, 1964, 78 Stat. 1095; P.L. 90–77, § 107,

§ 202(g), (h), Aug. 31, 1967, 81 Stat. 180, 182; P.L. 91–588, §§ 3(c), 9(e), Dec. 24,

1970, 84 Stat. 1583, 1585; P.L. 92–198, § 1(f), Dec. 15, 1971, 85 Stat. 664; P.L. 93– 177, § 3, Dec. 6, 1973, 87 Stat. 695; P.L. 93–527, § 4, Dec. 21, 1974, 88 Stat. 1703;

P.L. 94–169, §§ 101(2)(D), 104, Dec. 23, 1975, 89 Stat. 1014, 1016; P.L. 94–432,

§ 204, Sept. 30, 1976, 90 Stat. 1371; P.L. 95–204, § 103, Dec. 2, 1977, 91 Stat. 1457;

P.L. 95–588, § 110(a), Nov. 4, 1978, 92 Stat. 2504; P.L. 102–40, § 402(d)(1), May 7,

1991, 105 Stat. 239; renumbered § 1542 and amended P.L. 102–83, §§ 4(b)(1), (2)(E),

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1543. Net worth limitation

(a)(1) The Secretary shall deny or discontinue payment of pension to a surviving spouse under section 1541 of this title when the

corpus of the estate of the surviving spouse is such that under all

the circumstances, including consideration of the income of the surviving spouse and the income of any child from whom the surviving

spouse is receiving increased pension, it is reasonable that some

part of the corpus of such estate be consumed for the surviving

spouse’s maintenance.
§ 1543 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH 132

(2) The Secretary shall deny or discontinue the payment of increased pension under subsection (c), (d), or (e) of section 1541 of

this title on account of a child when the corpus of such child’s estate is such that under all the circumstances, including consideration of the income of the surviving spouse and such child and the

income of any other child for whom the surviving spouse is receiving increased pension, it is reasonable that some part of the corpus

of the child’s estate be consumed for the child’s maintenance. During the period such denial or discontinuance remains in effect, such

child shall not be considered as the surviving spouse’s child for purposes of this chapter.

(b) The Secretary shall deny or discontinue payment of pension

to a child under section 1542 of this title when the corpus of the

estate of the child is such that under all the circumstances, including consideration of the income of the child, the income of any person with whom such child is residing who is legally responsible for

such child’s support, and the corpus of the estate of such person,

it is reasonable that some part of the corpus of such estate be consumed for the child’s maintenance.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 543; P.L. 86–211, § 4, Aug. 29, 1959,

73 Stat. 435; P.L. 94–169, § 101(2)(E), Dec. 23, 1975, 89 Stat. 1014; P.L. 95–588,

§ 111, Nov. 4, 1978, 92 Stat. 2504; renumbered § 1543 and amended P.L. 102–83,

§§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

[§ 1544. Repealed. P.L. 95–588, § 112(a)(1).]

SUBCHAPTER IV—ARMY, NAVY, AIR FORCE, AND COAST

GUARD MEDAL OF HONOR ROLL

§ 1560. Medal of Honor Roll; persons eligible

(a) There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department of Transportation, respectively, a roll designated as the

‘‘Army, Navy, Air Force, and Coast Guard Medal of Honor Roll’’.

(b) Upon written application to the Secretary concerned, that

Secretary shall enter and record on such roll the name of each surviving person who has served on active duty in the armed forces

of the United States and who has been awarded a Medal of Honor

for distinguishing such person conspicuously by gallantry and intrepidity at the risk of such person’s life above and beyond the call

of duty while so serving.

(c) Applications for entry on such roll shall be made in the form

and under regulations prescribed by the Secretary concerned, and

shall indicate whether or not the applicant desires to receive the

special pension provided by section 1562 of this title. Proper blanks

and instructions shall be furnished by the Secretary concerned,

without charge upon the request of any person claiming the benefits of this subchapter.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1139, § 560; P.L. 87–138, § 1, Aug. 14, 1961,

75 Stat. 338; P.L. 88–77, § 5(1), July 25, 1963, 77 Stat. 95; P.L. 88–651, Oct. 13,

1964, 78 Stat. 1078; P.L. 89–311, § 4, Oct. 31, 1965, 79 Stat. 1156; P.L. 91–24, § 5,

June 11, 1969, 83 Stat. 33; P.L. 94–169, § 106(41), Dec. 23, 1975, 89 Stat. 1019; renumbered § 1560 and amended P.L. 102–83, §§ 4(b)(4)(A), 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 405, 406.)
133 CH. 15—PENSION FOR NON–SERVICE–CONNECTED DISABILITY / DEATH § 1562

§ 1561. Certificate

(a) The Secretary concerned shall determine whether or not each

applicant is entitled to have such person’s name entered on the

Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. If

the official award of the Medal of Honor to the applicant, or the

official notice to such person thereof, shows that the Medal of

Honor was awarded to the applicant for an act described in section

1560 of this title, such award or notice shall be sufficient to entitle

the applicant to have such person’s name entered on such roll without further investigation; otherwise all official correspondence, orders, reports, recommendations, requests, and other evidence on

file in any public office or department shall be considered.

(b) Each person whose name is entered on the Army, Navy, Air

Force, and Coast Guard Medal of Honor Roll shall be furnished a

certificate of service and of the act of heroism, gallantry, bravery,

or intrepidity for which the Medal of Honor was awarded, of enrollment on such roll, and, if such person has indicated such person’s

desire to receive the special pension provided by section 1562 of

this title, of such person’s right to such special pension.

(c) The Secretary concerned shall deliver to the Secretary a certified copy of each certificate issued under subsection (b) in which

the right of the person named in the certificate to the special pension provided by section 1562 of this title is set forth. Such copy

shall authorize the Secretary to pay such special pension to the

person named in the certificate.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1139, § 561; P.L. 87–138, § 2(a), Aug. 14, 1961,

75 Stat. 338; P.L. 88–77, § 5(2), July 25, 1963, 77 Stat. 95; P.L. 94–169, § 106(42),

(43), Dec. 23, 1975, 89 Stat. 1019; renumbered § 1561 and amended P.L. 102–83,

§§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1562. Special provisions relating to pension

(a) The Secretary shall pay monthly to each person whose name

has been entered on the Army, Navy, Air Force, and Coast Guard

Medal of Honor roll, and a copy of whose certificate has been delivered to the Secretary under subsection (c) of section 1561 of this

title, a special pension at the rate of $600, beginning as of the date

of application therefor under section 1560 of this title.

(b) The receipt of special pension shall not deprive any person of

any other pension or other benefit, right, or privilege to which such

person is or may hereafter be entitled under any existing or subsequent law. Special pension shall be paid in addition to all other

payments under laws of the United States.

(c) Special pension shall not be subject to any attachment, execution, levy, tax lien, or detention under any process whatever.

(d) If any person has been awarded more than one Medal of

Honor, such person shall not receive more than one special pension.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1140, § 562; P.L. 87–138, § 3, Aug. 14, 1961,

75 Stat. 339; P.L. 88–77, § 5(2), July 25, 1963, 77 Stat. 95; P.L. 94–169, § 106(44),

(45), Dec. 23, 1975, 89 Stat. 1019; P.L. 95–479, § 302, Oct. 18, 1978, 92 Stat. 1565;

renumbered § 1562 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 404–406; P.L. 103–161, § 1(a), Nov. 30, 1993, 107 Stat. 1967; P.L.

105–368, § 301(a), Nov. 11, 1998, 112 Stat. 3332.)
(134)

CHAPTER 17—HOSPITAL, NURSING HOME,

DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER I—GENERAL

Sec.

1701. Definitions.

1702. Presumption relating to psychosis.

1703. Contracts for hospital care and medical services in non-Department facilities.

1704. Preventive health services: annual report.

1705. Management of health care: patient enrollment system.

1706. Management of health care: other requirements.

1707. Limitations.

1708. Temporary lodging.

SUBCHAPTER II—HOSPITAL, NURSING HOME OR DOMICILIARY CARE AND MEDICAL

TREATMENT

1710. Eligibility for hospital, nursing home, and domiciliary care.

1710A. Required nursing home care.

1710B. Extended care services.

1711. Care during examinations and in emergencies.

1712. Dental care; drugs and medicines for certain disabled veterans; vaccines.

1712A. Eligibility for readjustment counseling and related mental health services.

1712B. Counseling for former prisoners of war.

1713. [Repealed.]

1714. Fitting and training in use of prosthetic appliances; guide dogs; service

dogs.

1715. Tobacco for hospitalized veterans.

1716. Hospital care by other agencies of the United States.

1717. Home health services; invalid lifts and other devices.

1718. Therapeutic and rehabilitative activities.

1719. Repair or replacement of certain prosthetic and other appliances.

1720. Transfers for nursing home care; adult day health care.

1720A. Treatment and rehabilitative services for persons with drug or alcohol dependency.

1720B. Respite care.

1720C. Noninstitutional alternatives to nursing home care.

1720D. Counseling and treatment for sexual trauma.

1720E. Nasopharyngeal radium irradiation.

SUBCHAPTER III—MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND NURSING

HOME CARE AND MEDICAL TREATMENT OF VETERANS

1721. Power to make rules and regulations.

1722. Determination of inability to defray necessary expenses; income thresholds.

1722A. Copayment for medications.

1723. Furnishing of clothing.

1724. Hospital care, medical services, and nursing home care abroad.

1725. Reimbursement for emergency treatment.

1726. Reimbursement for loss of personal effects by natural disaster.

1727. Persons eligible under prior law.

1728. Reimbursement of certain medical expenses.

1729. Recovery by the United States of the cost of certain care and services.

1729A. Department of Veterans Affairs Medical Care Collections Fund.

1729B. Health Services Improvement Fund.

1730. Community residential care.
135 CH. 17—MEDICAL CARE § 1701

SUBCHAPTER IV—HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN THE

REPUBLIC OF THE PHILIPPINES

1731. Assistance to the Republic of the Philippines.

1732. Contracts and grants to provide for the care and treatment of United

States veterans by the Veterans Memorial Medical Center.

1733. Supervision of program by the President.

1734. Hospital and nursing home care and medical services in the United States.

1735. Definitions.

SUBCHAPTER V—PAYMENTS TO STATE HOMES

1741. Criteria for payment.

1742. Inspections of such homes; restrictions on beneficiaries.

1743. Applications.

1744. [Repealed.]

SUBCHAPTER VI—SICKLE CELL ANEMIA

1751. Screening, counseling, and medical treatment.

1752. Research.

1753. Voluntary participation; confidentiality.

1754. Reports.

SUBCHAPTER VII—[REPEALED]

1771–1774. [Repealed.]

SUBCHAPTER VIII—HEALTH CARE OF PERSONS OTHER THAN VETERANS

1781. Medical care for survivors and dependents of certain veterans.

1782. Counseling, training, and mental health services for immediate family

members.

1783. Bereavement counseling.

1784. Humanitarian care.

SUBCHAPTER I—GENERAL

§ 1701. Definitions

For the purposes of this chapter—

(1) The term ‘‘disability’’ means a disease, injury, or other physical or mental defect.

(2) The term ‘‘veteran of any war’’ includes any veteran awarded

the Medal of Honor.

(3) The term ‘‘facilities of the Department’’ means—

(A) facilities over which the Secretary has direct jurisdiction;

(B) Government facilities for which the Secretary contracts;

and

(C) public or private facilities at which the Secretary provides recreational activities for patients receiving care under

section 1710 of this title.

(4) The term ‘‘non-Department facilities’’ means facilities other

than Department facilities of the Department.

(5) The term ‘‘hospital care’’ includes—

(A)(i) medical services rendered in the course of the hospitalization of any veteran, and (ii) travel and incidental expenses pursuant to the provisions of section 111 of this title;

(B) such mental health services, consultation, professional

counseling, and training for the members of the immediate

family or legal guardian of a veteran, or the individual in

whose household such veteran certifies an intention to live, as

may be essential to the effective treatment and rehabilitation

of a veteran or dependent or survivor of a veteran receiving

care under the last sentence of section 1781(b) of this title; and
§ 1701 CH. 17—MEDICAL CARE 136

(C)(i) medical services rendered in the course of the hospitalization of a dependent or survivor of a veteran receiving

care under the last sentence of section 1781(b) of this title, and

(ii) travel and incidental expenses for such dependent or survivor under the terms and conditions set forth in section 111

of this title.

(6) The term ‘‘medical services’’ includes, in addition to medical

examination, treatment, and rehabilitative services, the following:

(A) Surgical services.

(B) Dental services and appliances as described in sections

1710 and 1712 of this title.

(C) Optometric and podiatric services.

(D) Preventive health services.

(E) In the case of a person otherwise receiving care or services under this chapter—

(i) wheelchairs, artificial limbs, trusses, and similar appliances;

(ii) special clothing made necessary by the wearing of

prosthetic appliances; and

(iii) such other supplies or services as the Secretary determines to be reasonable and necessary.

(F) Travel and incidental expenses pursuant to section 111

of this title.

(7) The term ‘‘domiciliary care’’ includes necessary medical services and travel and incidental expenses pursuant to the provisions

of section 111 of this title.

(8) The term ‘‘rehabilitative services’’ means such professional,

counseling, and guidance services and treatment programs (other

than those types of vocational rehabilitation services provided

under chapter 31 of this title) as are necessary to restore, to the

maximum extent possible, the physical, mental, and psychological

functioning of an ill or disabled person.

(9) The term ‘‘preventive health services’’ means—

(A) periodic medical and dental examinations;

(B) patient health education (including nutrition education);

(C) maintenance of drug use profiles, patient drug monitoring, and drug utilization education;

(D) mental health preventive services;

(E) substance abuse prevention measures;

(F) immunizations against infectious disease;

(G) prevention of musculoskeletal deformity or other gradually developing disabilities of a metabolic or degenerative nature;

(H) genetic counseling concerning inheritance of genetically

determined diseases;

(I) routine vision testing and eye care services;

(J) periodic reexamination of members of likely target populations (high-risk groups) for selected diseases and for functional decline of sensory organs, together with attendant appropriate remedial intervention; and

(K) such other health-care services as the Secretary may determine to be necessary to provide effective and economical

preventive health care.
137 CH. 17—MEDICAL CARE § 1703

(10)(A) During the period beginning on the date of the enactment

of the Veterans Millennium Health Care and Benefits Act and ending on December 31, 2003, the term ‘‘medical services’’ includes

noninstitutional extended care services.

(B) For the purposes of subparagraph (A), the term ‘‘noninstitutional extended care services’’ means such alternatives to institutional extended care which the Secretary may furnish (i) directly,

(ii) by contract, or (iii) (through provision of case management) by

another provider or payor.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1141, § 601; P.L. 86–598, July 7, 1960, 74 Stat.

335; P.L. 86–639, § 2, July 12, 1960, 74 Stat. 472; P.L. 88–481, Aug. 22, 1964, 78

Stat. 593; P.L. 90–612, § 2, Oct. 21, 1968, 82 Stat. 1202; P.L. 93–82, § 101, Aug. 2,

1973, 87 Stat. 179; P.L. 94–581, §§ 102, 202(b), Oct. 21, 1976, 90 Stat. 2843, 2855;

P.L. 95–520, § 5, Oct. 26, 1978, 92 Stat. 1820; P.L. 96–22, § 102(c), § 201(a), June

13, 1979, 93 Stat. 48, 54; P.L. 96–151, §§ 201(b), 202, Dec. 20, 1979, 93 Stat. 1093,

1094; P.L. 97–72, § 101, Nov. 3, 1981, 95 Stat. 1047; P.L. 97–251, § 4, Sept. 8, 1982,

96 Stat. 716; P.L. 98–105, Sept. 30, 1983, 97 Stat. 730; P.L. 98–160, § 106(a), Nov.

21, 1983, 97 Stat. 998; P.L. 98–528, § 103(a), Oct. 19, 1984, 98 Stat. 2688; P.L. 99–

108, § 2, Sept. 30, 1985, 99 Stat. 481; P.L. 99–166, § 102(a), Dec. 3, 1985, 99 Stat.

943; P.L. 99–272, §§ 19011(d)(2), 19012(a), Apr. 7, 1986, 100 Stat. 378, 380; P.L. 99–

576, § 203, Oct. 28, 1986, 100 Stat. 3255; P.L. 100–322, § 131, May 20, 1988, 102

Stat. 506; P.L. 102–54, § 14(b)(8), June 13, 1991, 105 Stat. 283; renumbered § 1701

and amended P.L. 102–83, §§ 4(a)(2)(E), (3)–(5), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 404–406; P.L. 102–585, § 513, Nov. 4, 1992, 106 Stat. 4958; P.L.

103–446, § 1202(b)(1), Nov. 2, 1994, 108 Stat. 4689; P.L. 104–262, §§ 101(d)(1),

103(a), Oct. 9, 1996, 110 Stat. 3179, 3182; P.L. 106–117, § 101(b), Nov. 30, 1999, 113

Stat. 1548; P.L. 107–135, § 208(a)(1), (e)(2), Jan. 23, 2002, 115 Stat. 2461, 2463.)

§ 1702. Presumption relating to psychosis

For the purposes of this chapter, any veteran of World War II,

the Korean conflict, the Vietnam era, or the Persian Gulf War who

developed an active psychosis (1) within two years after discharge

or release from the active military, naval, or air service, and (2) before July 26, 1949, in the case of a veteran of World War II, before

February 1, 1957, in the case of a veteran of the Korean conflict,

before May 8, 1977, in the case of a Vietnam era veteran, or before

the end of the two–year period beginning on the last day of the

Persian Gulf War, in the case of a veteran of the Persian Gulf War,

shall be deemed to have incurred such disability in the active military, naval, or air service.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1141, § 602; P.L. 90–77, § 203(a), Aug. 31, 1967,

81 Stat. 183; P.L. 97–295, § 4(16), Oct. 12, 1982, 96 Stat. 1306; P.L. 99–576,

§ 701(20), Oct. 28, 1986, 100 Stat. 3292; P.L. 102–25, § 334(b), Apr. 6, 1991, 105

Stat. 88; renumbered § 1702, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 1703. Contracts for hospital care and medical services in

non-Department facilities

(a) When Department facilities are not capable of furnishing economical hospital care or medical services because of geographical

inaccessibility or are not capable of furnishing the care or services

required, the Secretary, as authorized in section 1710 of this title,

may contract with non-Department facilities in order to furnish

any of the following:

(1) Hospital care or medical services to a veteran for the

treatment of—

(A) a service-connected disability;
§ 1703 CH. 17—MEDICAL CARE 138

(B) a disability for which a veteran was discharged or released from the active military, naval, or air service; or

(C) a disability of a veteran who has a total disability

permanent in nature from a service-connected disability.

(2) Medical services for the treatment of any disability of—

(A) a veteran described in section 1710(a)(1)(B) of this

title;

(B) a veteran who (i) has been furnished hospital care,

nursing home care, domiciliary care, or medical services,

and (ii) requires medical services to complete treatment incident to such care or services; or

(C) a veteran described in section 1710(a)(2)(E) of this

title, or a veteran who is in receipt of increased pension,

or additional compensation or allowances based on the

need of regular aid and attendance or by reason of being

permanently housebound (or who, but for the receipt of retired pay, would be in receipt of such pension, compensation, or allowance), if the Secretary has determined, based

on an examination by a physician employed by the Department (or, in areas where no such physician is available, by

a physician carrying out such function under a contract or

fee arrangement), that the medical condition of such veteran precludes appropriate treatment in Department facilities.

(3) Hospital care or medical services for the treatment of

medical emergencies which pose a serious threat to the life or

health of a veteran receiving medical services in a Department

facility or nursing home care under section 1720 of this title

until such time following the furnishing of care in the non-Department facility as the veteran can be safely transferred to a

Department facility.

(4) Hospital care for women veterans.

(5) Hospital care, or medical services that will obviate the

need for hospital admission, for veterans in a State (other than

the Commonwealth of Puerto Rico) not contiguous to the contiguous States, except that the annually determined hospital

patient load and incidence of the furnishing of medical services

to veterans hospitalized or treated at the expense of the Department in Government and non-Department facilities in each

such noncontiguous State shall be consistent with the patient

load or incidence of the furnishing of medical services for veterans hospitalized or treated by the Department within the 48

contiguous States and the Commonwealth of Puerto Rico.

(6) Diagnostic services necessary for determination of eligibility for, or of the appropriate course of treatment in connection with, furnishing medical services at independent Department out-patient clinics to obviate the need for hospital admission.

(7) Outpatient dental services and treatment, and related

dental appliances, for a veteran described in section

1712(a)(1)(F) of this title.

(8) Diagnostic services (on an inpatient or outpatient basis)

for observation or examination of a person to determine eligi-
139 CH. 17—MEDICAL CARE § 1704

bility for a benefit or service under laws administered by the

Secretary.

(b) In the case of any veteran for whom the Secretary contracts

to furnish care or services in a non-Department facility pursuant

to a provision of subsection (a) of this section, the Secretary shall

periodically review the necessity for continuing such contractual arrangement pursuant to such provision.

(c) The Secretary shall include in the budget documents which

the Secretary submits to Congress for any fiscal year a detailed report on the furnishing of contract care and services during the most

recently completed fiscal year under this section, sections 1712A,

1720, 1720A, 1724, and 1732 of this title, and section 115 of the

Veterans’ Benefits and Services Act of 1988 (Public Law 100–322;

102 Stat. 501).

(Added P.L. 99–272, § 19012(b)(1), Apr. 7, 1986, 100 Stat. 380, § 603; amended P.L.

99–166, § 102(b)(1), Dec. 3, 1985, 99 Stat. 943; P.L. 99–272, § 19012(c)(5)(A), Apr. 7,

1986, 100 Stat. 382; P.L. 100–322, §§ 101(e)(3), 104, 112(a), May 20, 1988, 102 Stat.

492, 493, 499; P.L. 100–687, § 1503(a)(1), Nov. 18, 1988, 102 Stat. 4133; P.L. 102–

54, § 14(b)(9), June 13, 1991, 105 Stat. 283; renumbered § 1703 and amended P.L.

102–83, §§ 4(a)(1), (3)–(5), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403–406;

P.L. 102–585, § 501, Nov. 4, 1992, 106 Stat. 4955; P.L. 104–262, § 104(b), Oct. 9,

1996, 110 Stat. 3184.)

§ 1704. Preventive health services: annual report

Not later than October 31 each year, the Secretary shall submit

to the Committees on Veterans’ Affairs of the Senate and House of

Representatives a report on preventive health services. Each such

report shall include the following:

(1) A description of the programs and activities of the Department with respect to preventive health services during the

preceding fiscal year, including a description of the following:

(A) The programs conducted by the Department—

(i) to educate veterans with respect to health promotion and disease prevention; and

(ii) to provide veterans with preventive health

screenings and other clinical services, with such description setting forth the types of resources used by

the Department to conduct such screenings and services and the number of veterans reached by such

screenings and services.

(B) The means by which the Secretary addressed the

specific preventive health services needs of particular

groups of veterans (including veterans with service-connected disabilities, elderly veterans, low-income veterans,

women veterans, institutionalized veterans, and veterans

who are at risk for mental illness).

(C) The manner in which the provision of such services

was coordinated with the activities of the Medical and

Prosthetic Research Service of the Department and the

National Center for Preventive Health.

(D) The manner in which the provision of such services

was integrated into training programs of the Department,

including initial and continuing medical training of medical students, residents, and Department staff.
§ 1705 CH. 17—MEDICAL CARE 140

(E) The manner in which the Department participated in

cooperative preventive health efforts with other governmental and private entities (including State and local

health promotion offices and not-for-profit organizations).

(F) The specific research carried out by the Department

with respect to the long-term relationships among screening activities, treatment, and morbidity and mortality outcomes.

(G) The cost effectiveness of such programs and activities, including an explanation of the means by which the

costs and benefits (including the quality of life of veterans

who participate in such programs and activities) of such

programs and activities are measured.

(2) A specific description of research activities on preventive

health services carried out during that period using employees,

funds, equipment, office space, or other support services of the

Department, with such description setting forth—

(A) the source of funds for those activities;

(B) the articles or publications (including the authors of

the articles and publications) in which those activities are

described;

(C) the Federal, State, or local governmental entity or

private entity, if any, with which such activities were carried out; and

(D) the clinical, research, or staff education projects for

which funding applications were submitted (including the

source of the funds applied for) and upon which a decision

is pending or was denied.

(3) An accounting of the expenditure of funds during that period by the National Center for Preventive Health under section 7318 of this title.

(Added P.L. 102–585, § 512(a), Nov. 4, 1992, 106 Stat. 4957.)

§ 1705. Management of health care: patient enrollment

system

(a) In managing the provision of hospital care and medical services under section 1710(a) of this title, the Secretary, in accordance

with regulations the Secretary shall prescribe, shall establish and

operate a system of annual patient enrollment. The Secretary shall

manage the enrollment of veterans in accordance with the following priorities, in the order listed:

(1) Veterans with service-connected disabilities rated 50 percent or greater.

(2) Veterans with service-connected disabilities rated 30 percent or 40 percent.

(3) Veterans who are former prisoners of war or who were

awarded the Purple Heart, veterans with service-connected disabilities rated 10 percent or 20 percent, and veterans described

in subparagraphs (B) and (C) of section 1710(a)(2) of this title.

(4) Veterans who are in receipt of increased pension based on

a need of regular aid and attendance or by reason of being permanently housebound and other veterans who are catastrophically disabled.
141 CH. 17—MEDICAL CARE § 1706

1 Effective October 1, 2002, section 202(a) of Public Law 107–135 (115 Stat. 2457), provides:

(a) PRIORITY OF ENROLLMENT IN PATIENT ENROLLMENT SYSTEM.—Section 1705(a) is amended

by striking paragraph (7) and inserting the following new paragraphs: ‘‘(7) Veterans described in section 1710(a)(3) of this title who are eligible for treatment

as a low-income family under section 3(b) of the United States Housing Act of 1937 (42

U.S.C. 1437a(b)) for the area in which such veterans reside, regardless of whether such veterans are treated as single person families under paragraph (3)(A) of such section 3(b) or

as families under paragraph (3)(B) of such section 3(b). ‘‘(8) Veterans described in section 1710(a)(3) of this title who are not covered by paragraph (7).’’.

(5) Veterans not covered by paragraphs (1) through (4) who

are unable to defray the expenses of necessary care as determined under section 1722(a) of this title.

(6) All other veterans eligible for hospital care, medical services, and nursing home care under section 1710(a)(2) of this

title.

(7) 1 Veterans described in section 1710(a)(3) of this title.

(b) In the design of an enrollment system under subsection (a),

the Secretary— (1) shall ensure that the system will be managed in a manner to ensure that the provision of care to enrollees is timely

and acceptable in quality;

(2) may establish additional priorities within each priority

group specified in subsection (a), as the Secretary determines

necessary; and

(3) may provide for exceptions to the specified priorities

where dictated by compelling medical reasons.

(c)(1) Effective on October 1, 1998, the Secretary may not provide

hospital care or medical services to a veteran under paragraph (2)

or (3) of section 1710(a) of this title unless the veteran enrolls in

the system of patient enrollment established by the Secretary

under subsection (a).

(2) The Secretary shall provide hospital care and medical services

under section 1710(a)(1) of this title, and under subparagraph (B)

of section 1710(a)(2) of this title, for the 12-month period following

such veteran’s discharge or release from service, to any veteran referred to in such sections for a disability specified in the applicable

subparagraph of such section, notwithstanding the failure of the

veteran to enroll in the system of patient enrollment referred to in

subsection (a) of this section.

(Added P.L. 104–262, § 104(a)(1), Oct. 9, 1996, 110 Stat. 3182; amended P.L. 106–

117, § 112(2), Nov. 30, 1999, 113 Stat. 1556; P.L. 107–135, § 202(a), Jan. 23, 2002,

115 Stat. 2457.)

§ 1706. Management of health care: other requirements

(a) In managing the provision of hospital care and medical services under section 1710(a) of this title, the Secretary shall, to the

extent feasible, design, establish and manage health care programs

in such a manner as to promote cost-effective delivery of health

care services in the most clinically appropriate setting.

(b)(1) In managing the provision of hospital care and medical

services under such section, the Secretary shall ensure that the Department (and each geographic service area of the Veterans Health

Administration) maintains its capacity to provide for the specialized treatment and rehabilitative needs of disabled veterans (including veterans with spinal cord dysfunction, blindness, amputa-
§ 1706 CH. 17—MEDICAL CARE 142

tions, and mental illness) within distinct programs or facilities of

the Department that are dedicated to the specialized needs of those

veterans in a manner that (A) affords those veterans reasonable access to care and services for those specialized needs, and (B) ensures that overall capacity of the Department (and each geographic

service area of the Veterans Health Administration) to provide

such services is not reduced below the capacity of the Department,

nationwide, to provide those services, as of October 9, 1996. The

Secretary shall carry out this paragraph in consultation with the

Advisory Committee on Prosthetics and Special Disabilities Programs and the Committee on Care of Severely Chronically Mentally Ill Veterans.

(2) For purposes of paragraph (1), the capacity of the Department

(and each geographic service area of the Veterans Health Administration) to provide for the specialized treatment and rehabilitative

needs of disabled veterans (including veterans with spinal cord dysfunction, traumatic brain injury, blindness, prosthetics and sensory

aids, and mental illness) within distinct programs or facilities shall

be measured for seriously mentally ill veterans as follows (with all

such data to be provided by geographic service area and totaled nationally):

(A) For mental health intensive community-based care, the

number of discrete intensive care teams constituted to provide

such intensive services to seriously mentally ill veterans and

the number of veterans provided such care.

(B) For opioid substitution programs, the number of patients

treated annually and the amounts expended.

(C) For dual-diagnosis patients, the number treated annually

and the amounts expended.

(D) For substance-use disorder programs—

(i) the number of beds (whether hospital, nursing home,

or other designated beds) employed and the average bed

occupancy of such beds;

(ii) the percentage of unique patients admitted directly

to outpatient care during the fiscal year who had two or

more additional visits to specialized outpatient care within

30 days of their first visit, with a comparison from 1996

until the date of the report;

(iii) the percentage of unique inpatients with substanceuse disorder diagnoses treated during the fiscal year who

had one or more specialized clinic visits within three days

of their index discharge, with a comparison from 1996

until the date of the report;

(iv) the percentage of unique outpatients seen in a facility or geographic service area during the fiscal year who

had one or more specialized clinic visits, with a comparison

from 1996 until the date of the report; and

(v) the rate of recidivism of patients at each specialized

clinic in each geographic service area of the Veterans

Health Administration.

(E) For mental health programs, the number and type of

staff that are available at each facility to provide specialized

mental health treatment, including satellite clinics, outpatient
143 CH. 17—MEDICAL CARE § 1706

programs, and community-based outpatient clinics, with a comparison from 1996 to the date of the report.

(F) The number of such clinics providing mental health care,

the number and type of mental health staff at each such clinic,

and the type of mental health programs at each such clinic.

(G) The total amounts expended for mental health during

the fiscal year.

(3) For purposes of paragraph (1), the capacity of the Department

(and each geographic service area of the Veterans Health Administration) to provide for the specialized treatment and rehabilitative

needs of disabled veterans within distinct programs or facilities

shall be measured for veterans with spinal cord dysfunction, traumatic brain injury, blindness, or prosthetics and sensory aids as

follows (with all such data to be provided by geographic service

area and totaled nationally):

(A) For spinal cord injury and dysfunction specialized centers

and for blind rehabilitation specialized centers, the number of

staffed beds and the number of full-time equivalent employees

assigned to provide care at such centers.

(B) For prosthetics and sensory aids, the annual amount expended.

(C) For traumatic brain injury, the number of patients treated annually and the amounts expended.

(4) In carrying out paragraph (1), the Secretary may not use patient outcome data as a substitute for, or the equivalent of, compliance with the requirement under that paragraph for maintenance

of capacity.

(5)(A) Not later than April 1 of each year through 2004, the

Secretary shall submit to the Committees on Veterans’ Affairs of

the Senate and House of Representatives a report on the Secretary’s compliance, by facility and by service-network, with the requirements of this subsection. Each such report shall include information on recidivism rates associated with substance-use disorder

treatment.

(B) In preparing each report under subparagraph (A), the

Secretary shall use standardized data and data definitions.

(C) Each report under subparagraph (A) shall be audited by the

Inspector General of the Department, who shall submit to Congress

a certification as to the accuracy of each such report.

(6)(A) To ensure compliance with paragraph (1), the Under

Secretary for Health shall prescribe objective standards of job performance for employees in positions described in subparagraph (B)

with respect to the job performance of those employees in carrying

out the requirements of paragraph (1). Those job performance

standards shall include measures of workload, allocation of resources, and quality-of-care indicators.

(B) Positions described in this subparagraph are positions in the

Veterans Health Administration that have responsibility for allocating and managing resources applicable to the requirements of

paragraph (1).

(C) The Under Secretary shall develop the job performance

standards under subparagraph (A) in consultation with the Advisory Committee on Prosthetics and Special Disabilities Programs
§ 1706 CH. 17—MEDICAL CARE 144

and the Committee on Care of Severely Chronically Mentally Ill

Veterans.

(c) The Secretary shall ensure that each primary care health care

facility of the Department develops and carries out a plan to provide mental health services, either through referral or direct provision of services, to veterans who require such services.

(Added P.L. 104–262, § 104(a)(1), Oct. 9, 1996, 110 Stat. 3183; amended P.L. 105–

368, § § 903(a), 1005(b)(2), Nov. 11, 1998, 112 Stat. 3360, 3365; P.L. 107–95, § 8(a),

Dec. 21, 2001, 115 Stat. 919; P.L. 107–135, § 203, Jan. 23, 2002, 115 Stat. 2458.)

§ 1707. Limitations

(a) Funds appropriated to carry out this chapter may not be used

for purposes that are inconsistent with the Assisted Suicide Funding Restriction Act of 1997.

(b) The Secretary may furnish sensori-neural aids only in accordance with guidelines prescribed by the Secretary.

(Added P.L. 105–12, § 9(i)(1), Apr. 30, 1997, 111 Stat. 28; amended P.L. 107–135,

§ 208(a)(2), (f)(2) Jan. 23, 2002, 115 Stat. 2462, 2464.)

§ 1708. Temporary lodging

(a) The Secretary may furnish persons described in subsection (b)

with temporary lodging in a Fisher house or other appropriate facility in connection with the examination, treatment, or care of a

veteran under this chapter or, as provided for under subsection

(e)(5), in connection with benefits administered under this title.

(b) Persons to whom the Secretary may provide lodging under

subsection (a) are the following:

(1) A veteran who must travel a significant distance to receive care or services under this title.

(2) A member of the family of a veteran and others who accompany a veteran and provide the equivalent of familial support for such veteran.

(c) In this section, the term ‘‘Fisher house’’ means a housing facility that—

(1) is located at, or in proximity to, a Department medical facility;

(2) is available for residential use on a temporary basis by

patients of that facility and others described in subsection

(b)(2); and

(3) is constructed by, and donated to the Secretary by, the

Zachary and Elizabeth M. Fisher Armed Services Foundation.

(d) The Secretary may establish charges for providing lodging

under this section. The proceeds from such charges shall be credited to the medical care account and shall be available until expended for the purposes of providing such lodging.

(e) The Secretary shall prescribe regulations to carry out this section. Such regulations shall include provisions—

(1) limiting the duration of lodging provided under this section;

(2) establishing standards and criteria under which charges

are established for such lodging under subsection (d);

(3) establishing criteria for persons considered to be accompanying a veteran under subsection (b)(2);
145 CH. 17—MEDICAL CARE § 1710

(4) establishing criteria for the use of the premises of temporary lodging facilities under this section; and

(5) establishing any other limitations, conditions, and priorities that the Secretary considers appropriate with respect to

lodging under this section.

(Added P.L. 106–419, § 221(a), Nov. 1, 2000, 114 Stat. 1844.)

SUBCHAPTER II—HOSPITAL, NURSING HOME OR

DOMICILIARY CARE AND MEDICAL TREATMENT

§ 1710. Eligibility for hospital, nursing home, and domiciliary care

(a)(1) The Secretary (subject to paragraph (4)) shall furnish hospital care and medical services which the Secretary determines to

be needed—

(A) to any veteran for a service-connected disability; and

(B) to any veteran who has a service-connected disability

rated at 50 percent or more.

(2) The Secretary (subject to paragraph (4)) shall furnish hospital

care and medical services, and may furnish nursing home care,

which the Secretary determines to be needed to any veteran—

(A) who has a compensable service-connected disability rated

less than 50 percent or, with respect to nursing home care during any period during which the provisions of section 1710A(a)

of this title are in effect, a compensable service-connected disability rated less than 70 percent;

(B) whose discharge or release from active military, naval, or

air service was for a disability that was incurred or aggravated

in the line of duty;

(C) who is in receipt of, or who, but for a suspension pursuant to section 1151 of this title (or both a suspension and the

receipt of retired pay), would be entitled to disability compensation, but only to the extent that such veteran’s continuing eligibility for such care is provided for in the judgment

or settlement provided for in such section;

(D) who is a former prisoner of war or who was awarded the

Purple Heart;

(E) who is a veteran of the Mexican border period or of

World War I;

(F) who was exposed to a toxic substance, radiation, or other

conditions, as provided in subsection (e); or

(G) who is unable to defray the expenses of necessary care

as determined under section 1722(a) of this title.

(3) In the case of a veteran who is not described in paragraphs

(1) and (2), the Secretary may, to the extent resources and facilities

are available and subject to the provisions of subsections (f) and

(g), furnish hospital care, medical services, and nursing home care

which the Secretary determines to be needed.

(4) The requirement in paragraphs (1) and (2) that the Secretary

furnish hospital care and medical services, the requirement in section 1710A(a) of this title that the Secretary provide nursing home

care, and the requirement in section 1710B of this title that the

Secretary provide a program of extended care services shall be ef-
§ 1710 CH. 17—MEDICAL CARE 146

fective in any fiscal year only to the extent and in the amount provided in advance in appropriations Acts for such purposes.

(5) During any period during which the provisions of section

1710A(a) of this title are not in effect, the Secretary may furnish

nursing home care which the Secretary determines is needed to

any veteran described in paragraph (1), with the priority for such

care on the same basis as if provided under that paragraph.

(b)(1) The Secretary may furnish to a veteran described in paragraph (2) of this subsection such domiciliary care as the Secretary

determines is needed for the purpose of the furnishing of medical

services to the veteran.

(2) This subsection applies in the case of the following veterans:

(A) Any veteran whose annual income (as determined under

section 1503 of this title) does not exceed the maximum annual

rate of pension that would be applicable to the veteran if the

veteran were eligible for pension under section 1521(d) of this

title.

(B) Any veteran who the Secretary determines has no adequate means of support.

(c) While any veteran is receiving hospital care or nursing home

care in any Department facility, the Secretary may, within the limits of Department facilities, furnish medical services to correct or

treat any non-service-connected disability of such veteran, in addition to treatment incident to the disability for which such veteran

is hospitalized, if the veteran is willing, and the Secretary finds

such services to be reasonably necessary to protect the health of

such veteran. The Secretary may furnish dental services and treatment, and related dental appliances, under this subsection for a

non-service-connected dental condition or disability of a veteran

only (1) to the extent that the Secretary determines that the dental

facilities of the Department to be used to furnish such services,

treatment, or appliances are not needed to furnish services, treatment, or appliances for dental conditions or disabilities described

in section 1712(a) of this title, or (2) if (A) such non-service-connected dental condition or disability is associated with or aggravating a disability for which such veteran is receiving hospital care,

or (B) a compelling medical reason or a dental emergency requires

furnishing dental services, treatment, or appliances (excluding the

furnishing of such services, treatment, or appliances of a routine

nature) to such veteran during the period of hospitalization under

this section.

(d) In no case may nursing home care be furnished in a hospital

not under the direct jurisdiction of the Secretary except as provided

in section 1720 of this title.

(e)(1)(A) A Vietnam-era herbicide-exposed veteran is eligible

(subject to paragraph (2)) for hospital care, medical services, and

nursing home care under subsection (a)(2)(F) for any disability, notwithstanding that there is insufficient medical evidence to conclude

that such disability may be associated with such exposure.

(B) A radiation-exposed veteran is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for

any disease suffered by the veteran that is—

(i) a disease listed in section 1112(c)(2) of this title; or
147 CH. 17—MEDICAL CARE § 1710

(ii) any other disease for which the Secretary, based on the

advice of the Advisory Committee on Environmental Hazards,

determines that there is credible evidence of a positive association between occurrence of the disease in humans and exposure

to ionizing radiation.

(C) Subject to paragraphs (2) and (3) of this subsection, a veteran

who served on active duty in the Southwest Asia theater of operations during the Persian Gulf War is eligible for hospital care,

medical services, and nursing home care under subsection (a)(2)(F)

for any disability, notwithstanding that there is insufficient medical evidence to conclude that such disability may be associated

with such service.

(D) Subject to paragraphs (2) and (3), a veteran who served on

active duty in a theater of combat operations (as determined by the

Secretary in consultation with the Secretary of Defense) during a

period of war after the Persian Gulf War, or in combat against a

hostile force during a period of hostilities (as defined in section

1712A(a)(2)(B) of this title) after the date of the enactment of this

subparagraph, is eligible for hospital care, medical services, and

nursing home care under subsection (a)(2)(F) for any illness, notwithstanding that there is insufficient medical evidence to conclude

that such condition is attributable to such service.

(2)(A) In the case of a veteran described in paragraph (1)(A), hospital care, medical services, and nursing home care may not be provided under subsection (a)(2)(F) with respect to—

(i) a disability that is found, in accordance with guidelines

issued by the Under Secretary for Health, to have resulted

from a cause other than an exposure described in paragraph

(4)(A)(ii); or

(ii) a disease for which the National Academy of Sciences, in

a report issued in accordance with section 3 of the Agent Orange Act of 1991, has determined that there is limited or suggestive evidence of the lack of a positive association between

occurrence of the disease in humans and exposure to a herbicide agent.

(B) In the case of a veteran described in paragraph (1)(C) or

(1)(D), hospital care, medical services, and nursing home care may

not be provided under subsection (a)(2)(F) with respect to a disability that is found, in accordance with guidelines issued by the

Under Secretary for Health, to have resulted from a cause other

than the service described in that paragraph.

(3) Hospital care, medical services, and nursing home care may

not be provided under or by virtue of subsection (a)(2)(F)— (A) in the case of care for a veteran described in paragraph

(1)(A), after December 31, 2002;

(B) in the case of care for a veteran described in paragraph

(1)(C), after December 31, 2002; and

(C) in the case of care for a veteran described in paragraph

(1)(D), after a period of 2 years beginning on the date of the

veteran’s discharge or release from active military, naval, or

air service.

(4) For purposes of this subsection—

(A) The term ‘‘Vietnam-era herbicide-exposed veteran’’ means

a veteran (i) who served on active duty in the Republic of Viet-
§ 1710 CH. 17—MEDICAL CARE 148

1 Effective October 1, 2002, section 202(b) of Public Law 107–135 (115 Stat. 2457), provides:

(b) REDUCED COPAYMENTS FOR CARE.—Subsection (f) of section 1710 is amended— (1) in paragraph (1), by inserting ‘‘or (4)’’ after ‘‘paragraph (2)’’;

(2) by redesignating paragraph (4) as paragraph (5); and

(3) by inserting after paragraph (3) the following new paragraph (4): ‘‘(4) In the case of a veteran covered by this subsection who is also described by section

1705(a)(7) of this title, the amount for which the veteran shall be liable to the United States

for hospital care under this subsection shall be an amount equal to 20 percent of the total

amount for which the veteran would otherwise be liable for such care under subparagraphs

(2)(B) and (3)(A) but for this paragraph.’’.

nam during the period beginning on January 9, 1962, and ending on May 7, 1975, and (ii) who the Secretary finds may have

been exposed during such service to dioxin or was exposed during such service to a toxic substance found in a herbicide or defoliant used for military purposes during such period.

(B) The term ‘‘radiation-exposed veteran’’ has the meaning

given that term in section 1112(c)(3) of this title.

(5) When the Secretary first provides care for veterans using the

authority provided in paragraph (1)(D), the Secretary shall establish a system for collection and analysis of information on the general health status and health care utilization patterns of veterans

receiving care under that paragraph. Not later than 18 months

after first providing care under such authority, the Secretary shall

submit to Congress a report on the experience under that authority. The Secretary shall include in the report any recommendations

of the Secretary for extension of that authority.

(f)(1) The Secretary may not furnish hospital care or nursing

home care under this section to a veteran who is eligible for such

care under subsection (a)(3) of this section unless the veteran

agrees to pay to the United States the applicable amount determined under paragraph (2) 1 of this subsection.

(2) A veteran who is furnished hospital care or nursing home

care under this section and who is required under paragraph (1) of

this subsection to agree to pay an amount to the United States in

order to be furnished such care shall be liable to the United States

for an amount equal to— (A) the lesser of— (i) the cost of furnishing such care, as determined by the

Secretary; or

(ii) the amount determined under paragraph (3) of this

subsection; and (B) before September 30, 2007, an amount equal to $10 for every day the veteran receives hospital care and $5 for every

day the veteran receives nursing home care.

(3)(A) In the case of hospital care furnished during any 365-day

period, the amount referred to in paragraph (2)(A)(ii) of this subsection is— (i) the amount of the inpatient Medicare deductible, plus

(ii) one-half of such amount for each 90 days of care (or fraction thereof) after the first 90 days of such care during such

365-day period.

(B) In the case of nursing home care furnished during any 365-

days period, the amount referred to in paragraph (2)(A)(ii) of this

subsection is the amount of the inpatient Medicare deductible for

each 90 days of such care (or fraction thereof) during such 365-day

period.
149 CH. 17—MEDICAL CARE § 1710

(C)(i) Except as provided in clause (ii) of this subparagraph, in

the case of a veteran who is admitted for nursing home care under

this section after being furnished, during the preceding 365-day period, hospital care for which the veteran has paid the amount of

the inpatient Medicare deductible under this subsection and who

has not been furnished 90 days of hospital care in connection with

such payment, the veteran shall not incur any liability under paragraph (2) of this subsection with respect to such nursing home care

until—

(I) the veteran has been furnished, beginning with the first

day of such hospital care furnished in connection with such

payment, a total of 90 days of hospital care and nursing home

care; or

(II) the end of the 365-day period applicable to the hospital

care for which payment was made,

whichever occurs first.

(ii) In the case of a veteran who is admitted for nursing home

care under this section after being furnished, during any 365-day

period, hospital care for which the veteran has paid an amount

under subparagraph (A)(ii) of this paragraph and who has not been

furnished 90 days of hospital care in connection with such payment, the amount of the liability of the veteran under paragraph

(2) of this subsection with respect to the number of days of such

nursing home care which, when added to the number of days of

such hospital care, is 90 or less, is the difference between the inpatient Medicare deductible and the amount paid under such subparagraph until—

(I) the veteran has been furnished, beginning with the first

day of such hospital care furnished in connection with such

payment, a total of 90 days of hospital care and nursing home

care; or

(II) the end of the 365-day period applicable to the hospital

care for which payment was made,

whichever occurs first.

(D) In the case of a veteran who is admitted for hospital care

under this section after having been furnished, during the preceding 365-day period, nursing home care for which the veteran

has paid the amount of the inpatient Medicare deductible under

this subsection and who has not been furnished 90 days of nursing

home care in connection with such payment, the veteran shall not

incur any liability under paragraph (2) of this subsection with respect to such hospital care until—

(i) the veteran has been furnished, beginning with the first

day of such nursing home care furnished in connection with

such payment, a total of 90 days of nursing home care and hospital care; or

(ii) the end of the 365-day period applicable to the nursing

home care for which payment was made,

whichever occurs first.

(E) A veteran may not be required to make a payment under this

subsection for hospital care or nursing home care furnished under

this section during any 90-day period in which the veteran is furnished medical services under paragraph (3) of subsection (a) to the
§ 1710 CH. 17—MEDICAL CARE 150

1For redesignation of paragraph (4) as paragraph (5) effective October 1, 2002, see footnote

to paragraph (1) of this subsection [subsection (f)].

extent that such payment would cause the total amount paid by

the veteran under this subsection for hospital care and nursing

home care furnished during that period and under subsection (g)

for medical services furnished during that period to exceed the

amount of the inpatient Medicare deductible in effect on the first

day of such period.

(F) A veteran may not be required to make a payment under this

subsection or subsection (g) for any days of care in excess of 360

days of care during any 365-calendar-day period.

(4) 1 For the purposes of this subsection, the term ‘‘inpatient

Medicare deductible’’ means the amount of the inpatient hospital

deductible in effect under section 1813(b) of the Social Security Act

(42 U.S.C. 1895e(b)) on the first day of the 365-day period applicable under paragraph (3) of this subsection.

(g)(1) The Secretary may not furnish medical services under subsection (a) of this section (including home health services under

section 1717 of this title) to a veteran who is eligible for hospital

care under this chapter by reason of subsection (a)(3) of this section

unless the veteran agrees to pay to the United States in the case

of each outpatient visit the applicable amount or amounts established by the Secretary by regulation.

(2) A veteran who is furnished medical services under subsection

(a) of this section and who is required under paragraph (1) of this

subsection to agree to pay an amount to the United States in order

to be furnished such services shall be liable to the United States,

in the case of each visit in which such services are furnished to the

veteran, for an amount which the Secretary shall establish by

regulation.

(3) This subsection does not apply with respect to home health

services under section 1717 of this title to the extent that such

services are for improvements and structural alterations.

(h) Nothing in this section requires the Secretary to furnish care

to a veteran to whom another agency of Federal, State, or local government has a duty under law to provide care in an institution of

such government.

(P.L. 85–857, § 610, Sept. 2, 1958, 72 Stat. 1141; P.L. 87–583, § 1, Aug. 14, 1962,

76 Stat. 381; P.L. 89–358, § 8, Mar. 3, 1966, 80 Stat. 27; P.L. 89–785, § 304, Nov.

7, 1966, 80 Stat. 1377; P.L. 91–500, § 4, Oct. 22, 1970, 84 Stat. 1096; P.L. 93–82,

§ 102, Aug. 2, 1973, 87 Stat. 180; P.L. 94–581, §§ 202(d), 210(a)(1), Oct. 21, 1976,

90 Stat. 2855, 2862; P.L. 96–22, § 102(a), June 13, 1979, 93 Stat. 47; P.L. 97–37,

§ 5(a), Aug. 14, 1981, 95 Stat. 936; P.L. 97–72, § 102(a), Nov. 3, 1981, 95 Stat. 1047;

P.L. 98–160, § 701, Nov. 21, 1983, 97 Stat. 1008; P.L. 99–166, § 103, Dec. 3, 1985,

99 Stat. 944; P.L. 99–272, § 19011(a), (d)(3), Apr. 7, 1986, 100 Stat. 372, 379; P.L.

99–576, § 237(a), (b)(1), Oct. 28, 1986, 100 Stat. 3267; P.L. 100–322, § 102(a), May

20, 1988, 102 Stat. 492; P.L. 100–687, § 1202, Nov. 18, 1988, 102 Stat. 4125; P.L.

101–508, § 8013(a), Nov. 5, 1990, 104 Stat. 1388–346; P.L. 102–4, § 5, Feb. 6, 1991,

105 Stat. 15; P.L. 102–54, § 14(b)(10), June 13, 1991, 105 Stat. 283; renumbered

§ 1710 and amended P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 404–406; P.L. 102–405, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L.

103–210, §§ 1(a), 2(a), Dec. 20, 1993, 107 Stat. 2496, 2497; P.L. 103–446,

§ 1201(d)(2), Nov. 2, 1994, 108 Stat. 4684; P.L. 103–452, § 103(a)(1), Nov. 2, 1994,

108 Stat. 4786; P.L. 104–110, § 101(a)(1), Feb. 13, 1996, 110 Stat. 768; P.L. 104–

262, §§ 101(a), (b), (d)(2)–(4), 102(a), Oct. 9, 1996, 110 Stat. 3178, 3179, 3181; P.L.

104–275, § 505(c), Oct. 9, 1996, 110 Stat. 3342; P.L. 105–33, Aug. 5, 1997, 111 Stat.

668, §§ 8021(a)(1), 8023(b); P.L. 105–114, § § 209(a), 402(a), Nov. 21, 1997, 111 Stat.
151 CH. 17—MEDICAL CARE § 1710B

2290, 2294; P.L. 105–368, § § 102(a), 1005(b)(3), Nov. 11, 1998, 112 Stat. 3321, 3365;

P.L. 106–117, § § 101(f), 112(1), 201(b), Nov. 30, 1999, 113 Stat. 1550, 1556, 1561;

P.L. 106–419, § 224(b), Nov. 1, 2000, 114 Stat. 1846; P.L. 107–135, §§ 202(b), 209(a),

211, Jan. 23, 2002, 115 Stat. 2457, 2464, 2465.)

§ 1710A. Required nursing home care

(a) The Secretary (subject to section 1710(a)(4) of this title) shall

provide nursing home care which the Secretary determines is needed (1) to any veteran in need of such care for a service-connected

disability, and (2) to any veteran who is in need of such care and

who has a service-connected disability rated at 70 percent or more.

(b)(1) The Secretary shall ensure that a veteran described in subsection (a) who continues to need nursing home care is not, after

placement in a Department nursing home, transferred from the facility without the consent of the veteran, or, in the event the veteran cannot provide informed consent, the representative of the

veteran.

(2) Nothing in subsection (a) may be construed as authorizing or

requiring that a veteran who is receiving nursing home care in a

Department nursing home on the date of the enactment of this section be displaced, transferred, or discharged from the facility.

(c) The provisions of subsection (a) shall terminate on

December 31, 2003.

(Added by P.L. 106–117, § 101(a), Nov. 30, 1999, 113 Stat. 1547; amended P.L. 106–

419, § 224(a), Nov. 1, 2000, 114 Stat. 1846.)

§ 1710B. Extended care services

(a) The Secretary (subject to section 1710(a)(4) of this title and

subsection (c) of this section) shall operate and maintain a program

to provide extended care services to eligible veterans in accordance

with this section. Such services shall include the following:

(1) Geriatric evaluation.

(2) Nursing home care (A) in facilities operated by the Secretary, and (B) in community-based facilities through contracts

under section 1720 of this title.

(3) Domiciliary services under section 1710(b) of this title.

(4) Adult day health care under section 1720(f ) of this title.

(5) Such other noninstitutional alternatives to nursing home

care as the Secretary may furnish as medical services under

section 1701(10) of this title.

(6) Respite care under section 1720B of this title.

(b) The Secretary shall ensure that the staffing and level of extended care services provided by the Secretary nationally in facilities of the Department during any fiscal year is not less than the

staffing and level of such services provided nationally in facilities

of the Department during fiscal year 1998.

(c)(1) Except as provided in paragraph (2), the Secretary may not

furnish extended care services for a non-service-connected disability other than in the case of a veteran who has a compensable

service-connected disability unless the veteran agrees to pay to the

United States a copayment (determined in accordance with subsection (d)) for any period of such services in a year after the first

21 days of such services provided that veteran in that year.

(2) Paragraph (1) shall not apply—
§ 1710B CH. 17—MEDICAL CARE 152

(A) to a veteran whose annual income (determined under

section 1503 of this title) is less than the amount in effect

under section 1521(b) of this title; or

(B) with respect to an episode of extended care services that

a veteran is being furnished by the Department on November

30, 1999.

(d)(1) A veteran who is furnished extended care services under

this chapter and who is required under subsection (c) to pay an

amount to the United States in order to be furnished such services

shall be liable to the United States for that amount.

(2) In implementing subsection (c), the Secretary shall develop a

methodology for establishing the amount of the copayment for

which a veteran described in subsection (c) is liable. That methodology shall provide for— (A) establishing a maximum monthly copayment (based on

all income and assets of the veteran and the spouse of such

veteran);

(B) protecting the spouse of a veteran from financial hardship by not counting all of the income and assets of the veteran

and spouse (in the case of a spouse who resides in the community) as available for determining the copayment obligation;

and

(C) allowing the veteran to retain a monthly personal allowance.

(e)(1) There is established in the Treasury of the United States

a revolving fund known as the Department of Veterans Affairs Extended Care Fund (hereinafter in this section referred to as the

‘‘fund’’). Amounts in the fund shall be available, without fiscal year

limitation and without further appropriation, exclusively for the

purpose of providing extended care services under subsection (a).

(2) All amounts received by the Department under this section

shall be deposited in or credited to the fund.

(Added P.L. 106–117, § 101(c), Nov. 30, 1999, 113 Stat. 1548; amended P.L. 107–14,

§ 8(a)(2), (16), June 5, 2001, 115 Stat. 34, 35; P.L. 107–103, § 509(b), Dec. 27, 2001,

115 Stat. 997.)

§ 1711. Care during examinations and in emergencies

(a) The Secretary may furnish hospital care incident to physical

examinations where such examinations are necessary in carrying

out the provisions of other laws administered by the Secretary.

[(b) Repealed by P.L. 107–135, 208(d), 115 Stat. 2463 (see sec.

1784).]

(c)(1) The Secretary may contract with any organization named

in, or approved by the Secretary under, section 5902 of this title

to provide for the furnishing by the Secretary, on a reimbursable

basis (as prescribed by the Secretary), of emergency medical services to individuals attending any national convention of such organization, except that reimbursement shall not be required for services furnished under this subsection to the extent that the individual receiving such services would otherwise be eligible under

this chapter for medical services.

(2) The authority of the Secretary to enter into contracts under

this subsection shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.
153 CH. 17—MEDICAL CARE § 1712

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1142, § 611; P.L. 94–581, §§ 202(e), 210(a)(2),

Oct. 21, 1976, 90 Stat. 2856, 2862; P.L. 96–22, § 202, June 13, 1979, 93 Stat. 54;

P.L. 96–128, § 501(a), Nov. 28, 1979, 93 Stat. 987; P.L. 102–40, § 402(d)(1), May 7,

1991, 105 Stat. 239; renumbered § 1711 and amended P.L. 102–83, §§ 4(b)(1), (2)(E),

5(a), Aug. 6, 1991, 105 Stat. 404–406; P.L. 107–135, § 208(d), Jan. 23, 2002, 115

Stat. 2463.)

§ 1712. Dental care; drugs and medicines for certain

disabled veterans; vaccines

(a)(1) Outpatient dental services and treatment, and related dental appliances, shall be furnished under this section only for a dental condition or disability— (A) which is service-connected and compensable in degree;

(B) which is service-connected, but not compensable in degree, but only if— (i) the dental condition or disability is shown to have

been in existence at the time of the veteran’s discharge or

release from active military, naval, or air service;

(ii) the veteran had served on active duty for a period of

not less than 180 days or, in the case of a veteran who

served on active duty during the Persian Gulf War, 90

days immediately before such discharge or release;

(iii) application for treatment is made within 90 days

after such discharge or release, except that (I) in the case

of a veteran who reentered active military, naval, or air

service within 90 days after the date of such veteran’s

prior discharge or release from such service, application

may be made within 90 days from the date of such veteran’s subsequent discharge or release from such service,

and (II) if a disqualifying discharge or release has been

corrected by competent authority, application may be made

within 90 days after the date of correction; and

(iv) the veteran’s certificate of discharge or release from

active duty does not bear a certification that the veteran

was provided, within the 90-day period immediately before

the date of such discharge or release, a complete dental examination (including dental X-rays) and all appropriate

dental services and treatment indicated by the examination to be needed;

(C) which is a service-connected dental condition or disability

due to combat wounds or other service trauma, or of a former

prisoner of war;

(D) which is associated with and is aggravating a disability

resulting from some other disease or injury which was incurred

in or aggravated by active military, naval, or air service;

(E) which is a non-service-connected condition or disability of

a veteran for which treatment was begun while such veteran

was receiving hospital care under this chapter and such services and treatment are reasonably necessary to complete such

treatment;

(F) from which a veteran who is a former prisoner of war

and who was detained or interned for a period of not less than

90 days is suffering;

(G) from which a veteran who has a service-connected disability rated as total is suffering; or
§ 1712 CH. 17—MEDICAL CARE 154

(H) the treatment of which is medically necessary (i) in preparation for hospital admission, or (ii) for a veteran otherwise

receiving care or services under this chapter.

(2) The Secretary concerned shall at the time a member of the

Armed Forces is discharged or released from a period of active military, naval, or air service of not less than 180 days provide to such

member a written explanation of the provisions of clause (B) of

paragraph (1) of this subsection and enter in the service records of

the member a statement signed by the member acknowledging receipt of such explanation (or, if the member refuses to sign such

statement, a certification from an officer designated for such purpose by the Secretary concerned that the member was provided

such explanation).

(3) The total amount which the Secretary may expend for furnishing, during any twelve-month period, outpatient dental services, treatment, or related dental appliances to a veteran under

this section through private facilities for which the Secretary has

contracted under clause (1), (2), or (5) of section 1503(a) of this title

may not exceed $1,000 unless the Secretary determines, prior to

the furnishing of such services, treatment, or appliances and based

on an examination of the veteran by a dentist employed by the Department (or, in an area where no such dentist is available, by a

dentist conducting such examination under a contract or fee arrangement), that the furnishing of such services, treatment, or appliances at such cost is reasonably necessary.

(4)(A) Except as provided in subparagraph (B) of this paragraph,

in any year in which the President’s Budget for the fiscal year beginning October 1 of such year includes an amount for expenditures for contract dental care under the provisions of this subsection and section 1503 of this title during such fiscal year in excess of the level of expenditures made for such purpose during fiscal year 1978, the Secretary shall, not later than February 15 of

such year, submit a report to the appropriate committees of the

Congress justifying the requested level of expenditures for contract

dental care and explaining why the application of the criteria prescribed in section 1503 of this title for contracting with private facilities and in the second sentence of section 1710(c) of this title for

furnishing incidental dental care to hospitalized veterans will not

preclude the need for expenditures for contract dental care in excess of the fiscal year 1978 level of expenditures for such purpose.

In any case in which the amount included in the President’s Budget for any fiscal year for expenditures for contract dental care

under such provisions is not in excess of the level of expenditures

made for such purpose during fiscal year 1978 and the Secretary

determines after the date of submission of such budget and before

the end of such fiscal year that the level of expenditures for such

contract dental care during such fiscal year will exceed the fiscal

year 1978 level of expenditures, the Secretary shall submit a report

to the appropriate committees of the Congress containing both a

justification (with respect to the projected level of expenditures for

such fiscal year) and an explanation as required in the preceding

sentence in the case of a report submitted pursuant to such sentence. Any report submitted pursuant to this paragraph shall include a comment by the Secretary on the effect of the application
155 CH. 17—MEDICAL CARE § 1712

of the criteria prescribed in the second sentence of section 1710(c)

of this title for furnishing incidental dental care to hospitalized

veterans.

(B) A report under subparagraph (A) of this paragraph with respect to a fiscal year is not required if, in the documents submitted

by the Secretary to the Congress in justification for the amounts

included for Department programs in the President’s Budget, the

Secretary specifies with respect to contract dental care described in

such subparagraph— (i) the actual level of expenditures for such care in the fiscal

year preceding the fiscal year in which such Budget is submitted;

(ii) a current estimate of the level of expenditures for such

care in the fiscal year in which such Budget is submitted; and

(iii) the amount included in such Budget for such care.

(b) Dental services and related appliances for a dental condition

or disability described in paragraph (1)(B) of subsection (a) shall be

furnished on a one-time completion basis, unless the services rendered on a one-time completion basis are found unacceptable within the limitations of good professional standards, in which event

such additional services may be afforded as are required to complete professionally acceptable treatment.

(c) Dental appliances, wheelchairs, artificial limbs, trusses, special clothing, and similar appliances to be furnished by the

Secretary under this section may be procured by the Secretary either by purchase or by manufacture, whichever the Secretary determines may be advantageous and reasonably necessary.

(d) The Secretary shall furnish to each veteran who is receiving

additional compensation or allowance under chapter 11 of this title,

or increased pension as a veteran of a period of war, by reason of

being permanently housebound or in need of regular aid and attendance, such drugs and medicines as may be ordered on prescription of a duly licensed physician as specific therapy in the treatment of any illness or injury suffered by such veteran. The Secretary shall continue to furnish such drugs and medicines so ordered to any such veteran in need of regular aid and attendance

whose pension payments have been discontinued solely because

such veteran’s annual income is greater than the applicable maximum annual income limitation, but only so long as such veteran’s

annual income does not exceed such maximum annual income limitation by more than $1,000.

(e) In order to assist the Secretary of Health and Human Services in carrying out national immunization programs under other

provisions of law, the Secretary may authorize the administration

of immunizations to eligible veterans who voluntarily request such

immunizations in connection with the provision of care for a disability under this chapter in any Department health care facility.

Any such immunization shall be made using vaccine furnished by

the Secretary of Health and Human Services at no cost to the Department. For such purpose, notwithstanding any other provision

of law, the Secretary of Health and Human Services may provide

such vaccine to the Department at no cost. Section 7316 of this title

shall apply to claims alleging negligence or malpractice on the part

of Department personnel granted immunity under such section.
§ 1712 CH. 17—MEDICAL CARE 156

1Section 103(b) of Public Law 96–22 provides: ‘‘(b) In the event of a declaration of war by the Congress after June 13, 1979, the Secretary

of Veterans Affairs not later than six months after the date of such declaration, shall determine

and recommend to the Congress whether eligibility for the readjustment counseling and related

mental health services provided for in section 612A (now 1712A) of title 38, United States Code

(as added by subsection (a) of this section) should be extended to the veterans of such war.’’

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1142, § 612; P.L. 86–639, § 1, July 12, 1960,

74 Stat. 472; P.L. 87–377, § 1, Oct. 4, 1961, 75 Stat. 806; P.L. 87–583, § 2, Aug. 14,

1962, 76 Stat. 381; P.L. 88–430, Aug. 14, 1964, 78 Stat. 438; P.L. 88–450, § 7, Aug.

19, 1964, 78 Stat. 504; P.L. 88–664, § 8, Oct. 13, 1964, 78 Stat. 1096; P.L. 90–77,

§ 203(b), Aug. 31, 1967, 81 Stat. 183; P.L. 91–102, Oct. 30, 1969, 83 Stat. 168; P.L.

91–500, §§ 2, 3, Oct. 22, 1970, 84 Stat. 1096; P.L. 91–588, §§ 4, 9(f), Dec. 24, 1970,

84 Stat. 1583, 1585; P.L. 93–82, § 103(a), Aug. 2, 1973, 87 Stat. 180; P.L. 94–581,

§ 103(a), §§ 202(f), 210(a)(3), Oct. 21, 1976, 90 Stat. 2844, 2856, 2862; P.L. 95–588,

§ 302, Nov. 4, 1978, 92 Stat. 2506; P.L. 96–22, §§ 101, 102(b), June 13, 1979, 93 Stat.

47; P.L. 96–151, §§ 203, 204, Dec. 20, 1979, 93 Stat. 1094; P.L. 97–35, § 2002(a),

Aug. 13, 1981, 95 Stat. 781; P.L. 97–37, §§ 3(b), 5(b), (c), Aug. 14, 1981, 95 Stat.

936, 937; P.L. 97–72, §§ 102(b), 103(a), (b), Nov. 3, 1981, 95 Stat. 1048, 1049; P.L.

97–295, § 4(17), (95)(A), Oct. 12, 1982, 96 Stat. 1306, 1313; P.L. 99–166, § 104, Dec.

3, 1985, 99 Stat. 944; P.L. 99–272, §§ 19011(b), 19012(c)(1), (2), Apr. 7, 1986, 100

Stat. 375, 382; P.L. 99–576, §§ 202, 231(b), 237(b)(2), § 702(5), Oct. 28, 1986, 100

Stat. 3254, 3263, 3267, 3301; P.L. 100–322, §§ 101(a)–(c), (d)(2), (e)(1), (2), (f), (g)(1),

(h)(1), 106, May 20, 1988, 102 Stat. 489–492, 494; P.L. 101–508, § 8013(b), Nov. 5,

1990, 104 Stat. 1388–346; P.L. 102–25, § 334(a), (c), Apr. 6, 1991, 105 Stat. 88, 89;

renumbered § 1712 and amended P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), (5), 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 102–86, §§ 301, 302, Aug. 14, 1991, 105

Stat. 416; P.L. 102–585, § 103, Nov. 4, 1992, 106 Stat. 4946; P.L. 103–210, § 1(b),

Dec. 20, 1993, 107 Stat. 2496; P.L. 103–446, § 1201(d)(3), Nov. 2, 1994, 108 Stat.

4684; P.L. 103–452, §§ 101(e), 103(a)(2), Nov. 2, 1994, 108 Stat. 4784, 4786; P.L.

104–110, § 101(a)(2), Feb. 13, 1996, 110 Stat. 768; P.L. 104–262, § 101(b)(2)–(c)(2)(A),

Oct. 9, 1996, 110 Stat. 3179; P.L. 106–419, § 404(a)(3), Nov. 1, 2000, 114 Stat. 1864.)

§ 1712A. Eligibility for readjustment counseling and related

mental health services 1

(a)(1)(A) Upon the request of any veteran referred to in subparagraph (B), the Secretary shall furnish counseling to the veteran to

assist the veteran in readjusting to civilian life. Such counseling

may include a general mental and psychological assessment of the

veteran to ascertain whether such veteran has mental or psychological problems associated with readjustment to civilian life.

(B) Subparagraph (A) applies to the following veterans:

(i) Any veteran who served on active duty—

(I) in a theater of combat operations (as determined by

the Secretary in consultation with the Secretary of Defense) during the Vietnam era; or

(II) after May 7, l975, in an area at a time during which

hostilities occurred in that area.

(ii) Any veteran (other than a veteran covered by clause (i))

who served on active duty during the Vietnam era who seeks

or is furnished such counseling before January 1, 2004.

(2)(A) Upon the request of any veteran (other than a veteran covered by paragraph (1)) who served in the active military, naval, or

air service in a theater of combat operations (as so determined)

during a period of war, or in any other area during a period in

which hostilities (as defined in subparagraph (B)) occurred in such

area, the Secretary may furnish counseling to the veteran to assist

the veteran in readjusting to civilian life.

(B) For the purposes of subparagraph (A), the term ‘‘hostilities’’

means an armed conflict in which the members of the Armed
157 CH. 17—MEDICAL CARE § 1712A

Forces are subjected to danger comparable to the danger to which

members of the Armed Forces have been subjected in combat with

enemy armed forces during a period of war, as determined by the

Secretary in consultation with the Secretary of Defense.

(b)(1) If, on the basis of the assessment furnished under subsection (a) of this section, a physician or psychologist employed by

the Department (or, in areas where no such physician or psychologist is available, a physician or psychologist carrying out such function under a contract or fee arrangement with the Secretary) determines that the provision of mental health services to such veteran

is necessary to facilitate the successful readjustment of the veteran

to civilian life, such veteran shall, within the limits of Department

facilities, be furnished such services on an outpatient basis. For the

purposes of furnishing such mental health services, the counseling

furnished under subsection (a) of this section shall be considered to

have been furnished by the Department as a part of hospital care.

Any hospital care and other medical services considered necessary

on the basis of the assessment furnished under subsection (a) of

this section shall be furnished only in accordance with the eligibility criteria otherwise set forth in this chapter (including the eligibility criteria set forth in section 1784 of this title).

(2) Mental health services furnished under paragraph (1) of this

subsection may, if determined to be essential to the effective treatment and readjustment of the veteran, include such consultation,

counseling, training, services, and expenses as are described in sections 1782 and 1783 of this title.

[(c) Repealed by P.L. 104–262, 331(b), 110 Stat. 3198.]

(d) The Under Secretary for Health may provide for such training

of professional, paraprofessional, and lay personnel as is necessary

to carry out this section effectively, and, in carrying out this section, may utilize the services of paraprofessionals, individuals who

are volunteers working without compensation, and individuals who

are veteran-students (as described in section 3485 of this title) in

initial intake and screening activities.

(e)(1) In furnishing counseling and related mental health services

under subsections (a) and (b) of this section, the Secretary shall

have available the same authority to enter into contracts with private facilities that is available to the Secretary (under sections

1703(a)(2) and 1710(a)(1)(B) of this title) in furnishing medical

services to veterans suffering from total service-connected disabilities.

(2) Before furnishing counseling or related mental health services

described in subsections (a) and (b) of this section through a contract facility, as authorized by this subsection, the Secretary shall

approve (in accordance with criteria which the Secretary shall prescribe by regulation) the quality and effectiveness of the program

operated by such facility for the purpose for which the counseling

or services are to be furnished.

(3) The authority of the Secretary to enter into contracts under

this subsection shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.

(f) The Secretary, in cooperation with the Secretary of Defense,

shall take such action as the Secretary considers appropriate to no-
§ 1712A CH. 17—MEDICAL CARE 158

tify veterans who may be eligible for assistance under this section

of such potential eligibility.

(g)(1)(A) Except as provided in subparagraph (C) of this paragraph, the Secretary may close or relocate a center in existence on

January 1, 1988, only as described in the national plan required by

paragraph (3) of this subsection (or in a revision to such plan under

paragraph (4) of this subsection in which the closure or relocation

of that center is proposed).

(B) A closure or relocation of a center which is proposed in such

national plan may be carried out only after the end of the 120-day

period beginning on the date on which the national plan is submitted. A closure or relocation of a center not proposed in such

plan may be carried out only after the end of the 60-day period beginning on the date the Secretary submits a revision to such plan

in which the closure or relocation of that center is proposed.

(C) The Secretary may relocate a center in existence on January

1, 1988, without regard to the national plan (including any revision

to such plan) if such relocation is to a new location away from a

Department general health-care facility when such relocation is necessitated by circumstances beyond the control of the Department.

Such a relocation may be carried out only after the end of the 30-

day period beginning on the date on which the Secretary notifies

the Committees on Veterans’ Affairs of the Senate and the House

of Representatives of the proposed relocation, of the circumstances

making it necessary, and of the reason for the selection of the new

site for the center.

(2)(A) Not later than April 1, 1988, the Secretary shall submit to

the Committees on Veterans’ Affairs of the Senate and House of

Representatives a report on the Secretary’s evaluation of the effectiveness in helping to meet the readjustment needs of veterans who

served on active duty during the Vietnam era of the readjustment

counseling and mental health services provided pursuant to this

section (and of outreach efforts with respect to such counseling and

services). Such report shall give particular attention, in light of the

results of the study required by section 102 of the Veterans’ Health

Care Amendments of 1983 (Public Law 98–160) to the provision of

such counseling and services to veterans with post-traumatic stress

disorder and to the diagnosis and treatment of such disorder.

(B) The report required by subparagraph (A) of this paragraph

shall include— (i) the opinion of the Secretary with respect to (I) the extent

to which the readjustment needs of veterans who served on active duty during the Vietnam era remain unmet, and (II) the

extent to which the provision of readjustment counseling services under this section in centers is needed to meet such needs;

and

(ii) in light of the opinion submitted pursuant to clause (i) of

this subparagraph, such recommendations for amendments to

this subsection and for other legislative and administrative action as the Secretary considers appropriate.

(3)(A) The Secretary, after considering the recommendations of

the Under Secretary for Health, shall submit to such committees

a report setting forth a national plan for all centers in existence on

January 1, 1988. Such national plan shall set forth the Secretary’s
159 CH. 17—MEDICAL CARE § 1712A

proposals as to each such center for a period (to be determined by

the Secretary) of not less than 12 months beginning on the date of

the submission of the report. The plan shall include, as to each center, whether the Secretary proposes to relocate the center to a general Department facility, relocate the center to a new location away

from a general Department facility, expand the center in the same

location, or close the center. The plan shall also set forth any proposal of the Secretary to open additional centers.

(B) The plan shall include the Secretary’s evaluation as to how,

in light of each of the criteria described in subparagraph (C) of this

paragraph, the proposal set forth in the plan for each center covered by the plan would ensure the continued availability and effective furnishing of readjustment counseling services to eligible veterans needing such services in the geographic area served by that

center.

(C) The Secretary shall make the evaluation described in subparagraph (B) of this paragraph with respect to any center in light

of the following:

(i) The distribution of Vietnam-era veterans in the geographic area served by the center and the relationships between the location of such center and the general Department

facility and such distribution.

(ii) The distance between the center and the general Department facility.

(iii) The availability of other entities (such as State, local, or

private outreach facilities) which provide assistance to Vietnam-era veterans in the area served by the center.

(iv) The availability of transportation to, and parking at, the

center and the general Department facility.

(v) The availability, cost, and suitability of the space at the

general Department facility.

(vi) The overall cost impact of the proposed closure or relocation, including a comparison of the recurring nonpersonnel

costs of providing readjustment counseling to the same estimated number of veterans at the center and the general Department facility.

(vii) The workload trends over the two previous fiscal years,

and projected over the next fiscal year (or longer), at the center.

(viii) Such other factors as the Secretary determines to be

relevant to making the evaluation described in subparagraph

(B) of this paragraph.

(D) For the purposes of this paragraph, the term ‘‘general Department facility’’ means a Department facility which is not a center and at which readjustment counseling would be furnished in a

particular geographic area upon the closure or relocation of a center.

(4) After submitting the plan required by paragraph (3) of this

subsection, the Secretary may submit to the committees a revision

to such plan in order to modify the proposal set forth in the plan

as to any center. Any such revision shall include, with respect to

each center addressed in the revision, a description of the Secretary’s evaluation of the matters specified in paragraphs (3)(B)

and (3)(C) of this subsection.
§ 1712A CH. 17—MEDICAL CARE 160

(5) For purposes of determining a period of time under paragraph

(1)(B) of this subsection, if the national plan (or a revision to the

national plan) is submitted to the committees during the 121-day

period beginning 60 days before and ending 60 days after the final

day of a session of the Congress, it shall be deemed to have been

submitted on the sixty-first day after the final day of such session.

[(h) Repealed. P.L. 102–83, § 4(b).]

(i) For the purposes of this section:

(1) The term ‘‘center’’ means a facility (including a Resource

Center designated under subsection (h)(3)(A) of this section)

which is operated by the Department for the provision of services under this section and which (A) is situated apart from

Department general health-care facilities, or (B) was so situated but has been relocated to a Department general healthcare facility.

(2) The term ‘‘Department general health-care facility’’ means a health-care facility which is operated by the Department for the furnishing of health-care services under this chapter, not limited to services provided through the program established under this section.

(Added P.L. 96–22, § 103(a)(1), June 13, 1979, 93 Stat. 48, § 612A; amended P.L. 96–

128, § 501(b), Nov. 28, 1979, 93 Stat. 987; P.L. 97–72, § 104(a)(1), (b), Nov. 3, 1981,

95 Stat. 1049; P.L. 98–160, § 101, Nov. 21, 1983, 97 Stat. 993; P.L. 99–166, §§ 105,

106, Dec. 3, 1985, 99 Stat. 944, 945; P.L. 99–272, §§ 19011(d)(4), 19012(c)(3), Apr.

7, 1986, 100 Stat. 379, 382; P.L. 99–576, § 204, § 702(6), Oct. 28, 1986, 100 Stat.

3255, 3302; P.L. 100–322, § 107(a)–(e), May 20, 1988, 102 Stat. 494–496; P.L. 100–

687, § 1501(a), Nov. 18, 1988, 102 Stat. 4132; P.L. 102–25, § 334(d), Apr. 6, 1991,

105 Stat. 89; P.L. 102–54, § 14(b)(11), June 13, 1991, 105 Stat. 283; renumbered

§ 1712A and amended P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), (6), 5(a), (c)(1), Aug.

6, 1991, 105 Stat. 404–406; P.L. 102–405, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984;

P.L. 104–262, §§ 101(d)(5), 331, Oct. 9, 1996, 110 Stat. 3180, 3197; P.L. 106–117,

§ 205(a), Nov. 30, 1999, 113 Stat. 1563; P.L. 107–135, § 208(e)(3), Jan. 23, 2002, 115

Stat. 2463.)

§ 1712B. Counseling for former prisoners of war

The Secretary may establish a program under which, upon the

request of a veteran who is a former prisoner of war, the Secretary,

within the limits of Department facilities, furnishes counseling to

such veteran to assist such veteran in overcoming the psychological

effects of the veteran’s detention or internment as a prisoner of

war.

(Added P.L. 99–166, § 107(a), Dec. 3, 1985, 99 Stat. 945, § 612B; renumbered

§ 1712B and amended P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991,

105 Stat. 404–406.)

ø§ 1713. Transferred and redesignated as § 1781. P.L. 107– 135, § 208(c).¿

§ 1714. Fitting and training in use of prosthetic appliances;

guide dogs; service dogs

(a) Any veteran who is entitled to a prosthetic appliance shall be

furnished such fitting and training, including institutional training,

in the use of such appliance as may be necessary, whether in a Department facility or other training institution, or by outpatient

treatment, including such service under contract, and including
161 CH. 17—MEDICAL CARE § 1717

travel and incidental expenses (under the terms and conditions set

forth in section 111 of this title) to and from such veteran’s home

to such hospital or training institution.

(b) The Secretary may provide guide dogs trained for the aid of

the blind to veterans who are enrolled under section 1705 of this

title. The Secretary may also provide such veterans with mechanical or electronic equipment for aiding them in overcoming the disability of blindness.

(c) The Secretary may, in accordance with the priority specified

in section 1705 of this title, provide—

(1) service dogs trained for the aid of the hearing impaired

to veterans who are hearing impaired and are enrolled under

section 1705 of this title; and

(2) service dogs trained for the aid of persons with spinal

cord injury or dysfunction or other chronic impairment that

substantially limits mobility to veterans with such injury, dysfunction, or impairment who are enrolled under section 1705

of this title.

(d) In the case of a veteran provided a dog under subsection (b)

or (c), the Secretary may pay travel and incidental expenses for

that veteran under the terms and conditions set forth in section

111 of this title to and from the veteran’s home for expenses incurred in becoming adjusted to the dog.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1143, § 614; P.L. 93–82, § 103(b), Aug. 2, 1973,

87 Stat. 181; P.L. 94–581, § 210(a)(5), Oct. 21, 1976, 90 Stat. 2862; P.L. 96–151,

§ 201(c), Dec. 20, 1979, 93 Stat. 1093; renumbered § 1714 and amended P.L. 102–

83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; P.L. 107–135,

§ 201(a), (b)(1), Jan. 23, 2002, 115 Stat. 2456, 2457.)

§ 1715. Tobacco for hospitalized veterans

The Secretary may furnish tobacco to veterans receiving hospital

or domiciliary care.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1143, § 615; renumbered § 1715 and amended

P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1716. Hospital care by other agencies of the United States

When so specified in an appropriation or other Act, the Secretary

may make allotments and transfers to the Departments of Health

and Human Services (Public Health Service), the Army, Navy, Air

Force, or Interior, for disbursement by them under the various

headings of their appropriations, of such amounts as are necessary

for the care and treatment of veterans entitled to hospitalization

from the Department under this chapter. The amounts to be

charged the Department for care and treatment of veterans in hospitals shall be calculated on the basis of a per diem rate approved

by the Office of Management and Budget.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1143, § 616; P.L. 94–581, § 202(g), Oct. 21, 1976,

90 Stat. 2856; P.L. 97–295, § 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; renumbered

§ 1716 and amended P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105

Stat. 404–406.)

§ 1717. Home health services; invalid lifts and other devices

(a)(1) As part of medical services furnished to a veteran under

section 1710(a) of this title, the Secretary may furnish such home
§ 1717 CH. 17—MEDICAL CARE 162

health services as the Secretary finds to be necessary or appropriate for the effective and economical treatment of the veteran.

(2) Improvements and structural alterations may be furnished as

part of such home health services only as necessary to assure the

continuation of treatment for the veteran’s disability or to provide

access to the home or to essential lavatory and sanitary facilities.

The cost of such improvements and structural alterations (or the

amount of reimbursement therefor) under this subsection may not

exceed—

(A) $4,100 in the case of medical services furnished under

section 1710(a)(1) of this title, or for a disability described in

section 1710(a)(2)(C) of this title; or

(B) $1,200 in the case of medical services furnished under

any other provision of section 1710(a) of this title.

(3) The Secretary may furnish home health services to a veteran

in any setting in which the veteran is residing. The Secretary may

not furnish such services in such a manner as to relieve any other

person or entity of a contractual obligation to furnish services to

the veteran. When home health services are furnished in a setting

other than the veteran’s home, such services may not include any

structural improvement or alteration.

(b) The Secretary may furnish an invalid lift, or any type of

therapeutic or rehabilitative device, as well as other medical equipment and supplies (excluding medicines), if medically indicated, to

any veteran who is receiving (1) compensation under section

1114(l)–(p) of this title (or the comparable rates provided pursuant

to section 1134 of this title), or (2) pension under chapter 15 of this

title by reason of being in need of regular aid and attendance.

(c) The Secretary may furnish devices for assisting in overcoming

the handicap of deafness (including telecaptioning television decoders) to any veteran who is profoundly deaf and is entitled to compensation on account of hearing impairment.

(Added P.L. 86–211, § 5, Aug. 29, 1959, 73 Stat. 435, § 617; amended P.L. 88–450,

§ 6(a), (c), Aug. 19, 1964, 78 Stat. 504; P.L. 90–77, § 109, Aug. 31, 1967, 81 Stat.

180; P.L. 90–493, § 3(a), Aug. 19, 1968, 82 Stat. 809; P.L. 97–295, § 4(18), Oct. 12,

1982, 96 Stat. 1306; P.L. 98–528, § 107, Oct. 19, 1984, 98 Stat. 2690; P.L. 99–576,

§ 202(2), Oct. 28, 1986, 100 Stat. 3254; P.L. 100–322, § 101(d), May 20, 1988, 102

Stat. 491; renumbered § 1717 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 102–405, § 101(a), Oct. 9, 1992, 106

Stat. 1973; P.L. 104–262, § 101(d)(6), Oct. 9, 1996, 110 Stat. 3180; P.L. 105–114,

§ 402(b), Nov. 21, 1997, 111 Stat. 2294.)

§ 1718. Therapeutic and rehabilitative activities

(a) In providing rehabilitative services under this chapter, the

Secretary, upon the recommendation of the Under Secretary for

Health, may use the services of patients and members in Department health care facilities for therapeutic and rehabilitative purposes. Such patients and members shall not under these circumstances be held or considered as employees of the United

States for any purpose. The Secretary shall prescribe the conditions

for the use of such services.

(b)(1) In furnishing rehabilitative services under this chapter, the

Secretary, upon the recommendation of the Under Secretary for

Health, may enter into a contract or other arrangement with any

appropriate source (whether or not an element of the Department
163 CH. 17—MEDICAL CARE § 1718

of Veterans Affairs or of any other Federal entity) to provide for

therapeutic work for patients and members in Department health

care facilities.

(2) Notwithstanding any other provision of law, the Secretary

may also furnish rehabilitative services under this subsection

through contractual arrangements with nonprofit entities to provide for such therapeutic work for such patients. The Secretary

shall establish appropriate fiscal, accounting, management, recordkeeping, and reporting requirements with respect to the activities

of any such nonprofit entity in connection with such contractual arrangements.

(c)(1) There is hereby established in the Treasury of the United

States a revolving fund known as the Department of Veterans Affairs Special Therapeutic and Rehabilitation Activities Fund (hereinafter in this section referred to as the ‘‘fund’’) for the purpose of

furnishing rehabilitative services authorized in subsection (b) of

this section. Such amounts of the fund as the Secretary may determine to be necessary to establish and maintain operating accounts

for the various rehabilitative services activities may be deposited in

checking accounts in other depositaries selected or established by

the Secretary.

(2) All funds received by the Department under contractual arrangements made under subsection (b) of this section, or by nonprofit entities described in paragraph (2) of such subsection, shall

be deposited in or credited to the fund, and the Secretary shall distribute out of the fund moneys to participants at rates not less

than the wage rates specified in the Fair Labor Standards Act (29

U.S.C. 201 et seq.) and regulations prescribed thereunder for work

of similar character.

(3) The Under Secretary for Health shall prepare, for inclusion

in the annual report submitted to Congress under section 529 of

this title, a description of the scope and achievements of activities

carried out under this section (including pertinent data regarding

productivity and rates of distribution) during the prior twelve

months and an estimate of the needs of the program of therapeutic

and rehabilitation activities to be carried out under this section for

the ensuing fiscal year.

(d) In providing rehabilitative services under this chapter, the

Secretary shall take appropriate action to make it possible for the

patient to take maximum advantage of any benefits to which such

patient is entitled under chapter 31, 34, or 35 of this title, and, if

the patient is still receiving treatment of a prolonged nature under

this chapter, the provision of rehabilitative services under this

chapter shall be continued during, and coordinated with, the pursuit of education and training under such chapter 31, 34, or 35.

(e) The Secretary shall prescribe regulations to ensure that the

priorities set forth in section 1705 of this title shall be applied, insofar as practicable, to participation in therapeutic and rehabilitation activities carried out under this section.

(f)(1) The Secretary may not consider any of the matters stated

in paragraph (2) as a basis for the denial or discontinuance of a

rating of total disability for purposes of compensation or pension

based on the veteran’s inability to secure or follow a substantially

gainful occupation as a result of disability.
§ 1718 CH. 17—MEDICAL CARE 164

(2) Paragraph (1) applies to the following:

(A) A veteran’s participation in an activity carried out under

this section.

(B) A veteran’s receipt of a distribution as a result of participation in an activity carried out under this section.

(C) A veteran’s participation in a program of rehabilitative

services that (i) is provided as part of the veteran’s care furnished by a State home and (ii) is approved by the Secretary

as conforming appropriately to standards for activities carried

out under this section.

(D) A veteran’s receipt of payment as a result of participation in a program described in subparagraph (C).

(3) A distribution of funds made under this section and a payment made to a veteran under a program of rehabilitative services

described in paragraph (2)(C) shall be considered for the purposes

of chapter 15 of this title to be a donation from a public or private

relief or welfare organization.

(Added P.L. 87–574, § 2(1), Aug. 6, 1962, 76 Stat. 308, § 618; amended P.L. 94–581,

§ 105(a), Oct. 21, 1976, 90 Stat. 2845; P.L. 98–543, § 303, Oct. 24, 1984, 98 Stat.

2748; P.L. 99–576, § 205, Oct. 28, 1986, 100 Stat. 3256; P.L. 102–54, §§ 10, 14(b)(12),

June 13, 1991, 105 Stat. 273, 284; renumbered § 1718 and amended P.L. 102–83,

§§ 2(c)(3), 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 402, 404–406;

P.L. 102–86, § 506(a)(1), Aug. 14, 1991, 105 Stat. 426; P.L. 102–405, § 302(c)(1), Oct.

9, 1992, 106 Stat. 1984; P.L. 102–585, § 401, Nov. 4, 1992, 106 Stat. 4953; P.L. 103–

446, § 1201(i)(1), Nov. 2, 1994, 108 Stat. 4688; P.L. 104–262, § 101(d)(7), Oct. 9,

1996, 110 Stat. 3180.)

§ 1719. Repair or replacement of certain prosthetic and

other appliances

The Secretary may repair or replace any artificial limb, truss,

brace, hearing aid, spectacles, or similar appliance (not including

dental appliances) reasonably necessary to a veteran and belonging

to such veteran which was damaged or destroyed by a fall or other

accident caused by a service-connected disability for which such

veteran is in receipt of, or but for the receipt of retirement pay

would be entitled to, disability compensation.

(Added P.L. 87–850, § 1(a), Oct. 23, 1962, 76 Stat. 1126, § 619; amended P.L. 94–

581, § 210(a)(6), Oct. 21, 1976, 90 Stat. 2862; renumbered § 1719 and amended P.L.

102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1720. Transfers for nursing home care; adult day health

care

(a)(1) Subject to subsection (b) of this section, the Secretary may

transfer to a non-Department nursing home, for care at the expense of the United States—

(A) a veteran

(i) who has been furnished care by the Secretary in a facility under the direct jurisdiction of the Secretary; and

(ii) who the Secretary determines—

(I) requires a protracted period of nursing home care

which can be furnished in the non-Department nursing home; and

(II) in the case of a veteran who has been furnished

hospital care in a facility under the direct jurisdiction
165 CH. 17—MEDICAL CARE § 1720

of the Secretary, has received maximum benefits from

such care; and

(B) a member of the Armed Forces— (i) who has been furnished care in a hospital of the

Armed Forces;

(ii) who the Secretary concerned determines has received

maximum benefits from such care but requires a protracted period of nursing home care; and

(iii) who upon discharge from the Armed Forces will become a veteran.

(2) The Secretary may transfer a person to a nursing home under

this subsection only if the Secretary determines that the cost to the

United States of the care of such person in the nursing home will

not exceed— (A) the amount equal to 45 percent of the cost of care furnished by the Department in a general hospital under the direct jurisdiction of the Secretary (as such cost may be determined annually by the Secretary); or

(B) the amount equal to 50 percent of such cost, if such higher amount is determined to be necessary by the Secretary

(upon the recommendation of the Under Secretary for Health)

to provide adequate care.

(3) Nursing home care may not be furnished under this subsection at the expense of the United States for more than six

months in the aggregate in connection with any one transfer

except—

(A) in the case of a veteran—

(i) who is transferred to a non-Department nursing home

from a hospital under the direct jurisdiction of the

Secretary; and

(ii) whose hospitalization was primarily for a service-connected disability;

(B) in a case in which the nursing home care is required for

a service-connected disability; or

(C) in a case in which, in the judgment of the Secretary, a

longer period of nursing home care is warranted.

(4) A veteran who is furnished care by the Secretary in a hospital

or domiciliary facility in Alaska or Hawaii may be furnished nursing home care at the expense of the United States under this subsection even if such hospital or domiciliary facility is not under the

direct jurisdiction of the Secretary.

(b) No veteran may be transferred or admitted to any institution

for nursing home care under this section, unless such institution is

determined by the Secretary to meet such standards as the

Secretary may prescribe. The standards prescribed and any report

of inspection of institutions furnishing care to veterans under this

section made by or for the Secretary shall, to the extent possible,

be made available to all Federal, State, and local agencies charged

with the responsibility of licensing or otherwise regulating or inspecting such institutions.

(c) In applying the provisions of section 2(b)(1) of the Service

Contract Act of 1965 (41 U.S.C. 351(b)(1)) with respect to any contract entered into under this section to provide nursing home care

of veterans, the payment of wages not less than those specified in
§ 1720 CH. 17—MEDICAL CARE 166

section 6(b) of the Fair Labor Standards Act of 1938 (29 U.S.C.

206(b)) shall be deemed to constitute compliance with such

provisions.

(d)(1) Subject to subsection (b) of this section, the Secretary may

authorize for any veteran requiring nursing home care for a service-connected disability direct admission for such care at the expense of the United States to any non-Department nursing home.

The Secretary may also authorize a direct admission to such a

nursing home for nursing home care for any veteran who has been

discharged from a hospital under the direct jurisdiction of the Secretary and who is currently receiving medical services as part of

home health services from the Department.

(2) Direct admission authorized by paragraph (1) of this subsection may be authorized upon determination of need therefor— (A) by a physician employed by the Department; or

(B) in areas where no such physician is available, by a physician carrying out such function under contract or fee arrangement,

based on an examination by such physician.

(3) The amount which may be paid for such care and the length

of care available under this subsection shall be the same as authorized under subsection (a) of this section.

(e)(1) The cost of intermediate care for purposes of payment by

the United States pursuant to subsection (a)(2)(B) of this section

shall be determined by the Secretary except that the rate of reimbursement shall be commensurately less than that provided for

nursing home care.

(2) For the purposes of this section, the term ‘‘non-Department

nursing home’’ means a public or private institution not under the

direct jurisdiction of the Secretary which furnishes nursing home

care.

(f )(1)(A) The Secretary may furnish adult day health care services to a veteran enrolled under section 1705(a) of this title who

would otherwise require nursing home care.

(B) The Secretary may provide in-kind assistance (through the

services of Department employees and the sharing of other Department resources) to a facility furnishing care to veterans under subparagraph (A) of this paragraph. Any such in-kind assistance shall

be provided under a contract between the Secretary and the facility

concerned. The Secretary may provide such assistance only for use

solely in the furnishing of adult day health care and only if, under

such contract, the Department receives reimbursement for the full

cost of such assistance, including the cost of services and supplies

and normal depreciation and amortization of equipment. Such reimbursement may be made by reduction in the charges to the

United States or by payment to the United States. Any funds received through such reimbursement shall be credited to funds allotted to the Department facility that provided the assistance.

(2) The Secretary may conduct, at facilities over which the Secretary has direct jurisdiction, programs for the furnishing of adult

day health care to veterans who are eligible for such care under

paragraph (1) of this subsection, except that necessary travel and

incidental expenses (or transportation in lieu thereof) may be furnished under such a program only under the terms and conditions
167 CH. 17—MEDICAL CARE § 1720A

set forth in section 111 of this title. The furnishing of care under

any such program shall be subject to the limitations that are applicable to the duration of adult day health care furnished under

paragraph (1) of this subsection.

(Added P.L. 88–450, § 2(a), Aug. 19, 1964, 78 Stat. 500, § 620; amended P.L. 90–429,

July 26, 1968, 82 Stat. 446; P.L. 90–612, §§ 1, 3, Oct. 21, 1968, 82 Stat. 1202; P.L.

91–101, Oct. 30, 1969, 83 Stat. 167; P.L. 93–82, § 104, Aug. 2, 1973, 87 Stat. 182;

P.L. 94–581, § 106, §§ 202(h), 210(a)(7), Oct. 21, 1976, 90 Stat. 2847, 2856, 2863; P.L.

97–295, § 4(19), Oct. 12, 1982, 96 Stat. 1306; P.L. 98–160, § 103(a)(1), (2), Nov. 21,

1983, 97 Stat. 995; P.L. 99–166, § 108(a)–(c), Dec. 3, 1985, 99 Stat. 946, 947; P.L.

99–272, § 19011(d)(5), Apr. 7, 1986, 100 Stat. 379; P.L. 100–322, §§ 103(b), 111(a),

May 20, 1988, 102 Stat. 493, 499; renumbered § 1720 and amended P.L. 102–83,

§§ 4(a)(2)(A)(ii), (3)–(5), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403–406;

P.L. 102–405, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 104–262, § 101(d)(8), Oct.

9, 1996, 110 Stat. 3180; P.L. 105–114, § 402(c), Nov. 21, 1997, 111 Stat. 2294; P.L.

106–117, § 101(d), Nov. 30, 1999, 113 Stat. 1549.)

§ 1720A. Treatment and rehabilitative services for persons

with drug or alcohol dependency

(a) The Secretary, in consultation with the Secretary of Labor

and the Director of the Office of Personnel Management, may take

appropriate steps to (1) urge all Federal agencies and appropriate

private and public firms, organizations, agencies, and persons to

provide appropriate employment and training opportunities for veterans who have been provided treatment and rehabilitative services under this title for alcohol or drug dependence or abuse disabilities and have been determined by competent medical authority

to be sufficiently rehabilitated to be employable, and (2) provide all

possible assistance to the Secretary of Labor in placing such veterans in such opportunities.

(b) Upon receipt of an application for treatment and rehabilitative services under this title for an alcohol or drug dependence or

abuse disability from any individual who has been discharged or

released from active military, naval, or air service but who is not

eligible for such treatment and services, the Secretary shall— (1) provide referral services to assist such individual, to the

maximum extent practicable, in obtaining treatment and rehabilitative services from sources outside the Department; and

(2) if pertinent, advise such individual of such individual’s

rights to apply to the appropriate military, naval, or air service

and the Department for review of such individual’s discharge

or release from such service.

(c)(1) Any person serving in the active military, naval, or air

service who is determined by the Secretary concerned to have an

alcohol or drug dependence or abuse disability to any facility in

order for the Secretary to furnish care or treatment and rehabilitative services for such disability. Care and services provided to a

member so transferred shall be provided as if such member were

a veteran. Any transfer of any such member for such care and services shall be made pursuant to such terms as may be agreed upon

by the Secretary concerned and the Secretary, subject to the provisions of sections 1535 and 1536 of title 31.

(2) No person serving in the active military, naval, or air service

may be transferred pursuant to an agreement made under paragraph (1) of this subsection unless such person requests such transfer in writing for a specified period of time. No such person trans-
§ 1720A CH. 17—MEDICAL CARE 168

ferred pursuant to such a request may be furnished such care and

services by the Secretary beyond the period of time specified in

such request unless such person requests in writing an extension

for a further specified period of time and such request is approved

by the Secretary.

(d)(1) The Secretary shall ensure that each medical center of the

Department develops and carries out a plan to provide treatment

for substance use disorders, either through referral or direct provision of services, to veterans who require such treatment.

(2) Each plan under paragraph (1) shall make available clinically

proven substance abuse treatment methods, including opioid substitution therapy, to veterans with respect to whom a qualified

medical professional has determined such treatment methods to be

appropriate.

(Added P.L. 96–22, § 104(a), June 13, 1979, 93 Stat. 50, § 620A; amended P.L. 96–

128, § 501(c), Nov. 28, 1979, 93 Stat. 987; P.L. 97–251, § 6, Sept. 8, 1982, 96 Stat.

716; P.L. 97–258, § 3(k)(1), Sept. 13, 1982, 96 Stat. 1065; P.L. 99–108, § 3, Sept. 30,

1985, 99 Stat. 481; P.L. 99–166, § 101(a), (b)(1), Dec. 3, 1985, 99 Stat. 942, 943; P.L.

100–687, § 1509, Nov. 18, 1988, 102 Stat. 4137; P.L. 100–689, § 502(a)(1), (b), Nov.

18, 1988, 102 Stat. 4179; P.L. 102–54, § 14(b)(13), June 13, 1991, 105 Stat. 284; renumbered § 1720A and amended P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug.

6, 1991, 105 Stat. 404–406; P.L. 102–86, § 303, Aug. 14, 1991, 105 Stat. 416; P.L.

103–452, § 103(b), Nov. 2, 1994, 108 Stat. 4786; P.L. 104–110, § 101(b), Feb. 13,

1996, 110 Stat. 768; P.L. 105–114, § 202(b), Nov. 21, 1997, 111 Stat. 2287; P.L. 106–

117, § 114, Nov. 30, 1999, 113 Stat. 1558; P.L. 106–419, § 404(a)(4), Nov. 1, 2000,

114 Stat. 1864; P.L. 107–95, § 8(c), Dec. 21, 2001, 115 Stat. 920.)

§ 1720B. Respite care

(a) The Secretary may furnish respite care services to a veteran

who is enrolled to receive care under section 1710 of this title.

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

(1) are of limited duration;

(2) are furnished on an intermittent basis to a veteran who

is suffering from a chronic illness and who resides primarily at

home; and

(3) are furnished for the purpose of helping the veteran to

continue residing primarily at home.

(c) In furnishing respite care services, the Secretary may enter

into contract arrangements.

(Added P.L. 99–576, § 201(a)(1), Oct. 28, 1986, 100 Stat. 3254, § 620B; amended P.L.

101–237, § 201(a), Dec. 18, 1989, 103 Stat. 2066; renumbered § 1720B and amended

P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–

406; P.L. 102–585, § 502, Nov. 4, 1992, 106 Stat. 4955; P.L. 106–117, § 101(e), Nov.

30, 1999, 113 Stat. 1549-1550.)

§ 1720C. Noninstitutional alternatives to nursing home care

(a) The Secretary may furnish medical, rehabilitative, and

health-related services in noninstitutional settings for veterans

who are eligible under this chapter for, and are in need of, nursing

home care. The Secretary shall give priority for participation in

such program to veterans who— (1) are in receipt of, or are in need of, nursing home care primarily for the treatment of a service-connected disability; or

(2) have a service-connected disability rated at 50 percent or

more.
169 CH. 17—MEDICAL CARE § 1720D

(b)(1) Under the program conducted pursuant to subsection (a),

the Secretary shall (A) furnish appropriate health-related services

solely through contracts with appropriate public and private agencies that provide such services, and (B) designate Department

health-care employees to furnish case management services to veteran furnished services under the program.

(2) For the purposes of paragraph (1), the term ‘‘case management services’’ includes the coordination and facilitation of all services furnished to a veteran by the Department of Veterans Affairs,

either directly or through contract, including assessment of needs,

planning referral (including referral for services to be furnished by

the Department, either directly or through a contract, or by an entity other than the Department), monitoring, reassessment, and followup.

(c) The Secretary may provide in-kind assistance (through the

services of Department of Veterans Affairs employees and the sharing of other Department resources) to a facility furnishing services

to veterans under subsection (b)(1)(A). Any such in-kind assistance

shall be provided under a contract between the Department and

the facility concerned. The Secretary may provide such assistance

only for use solely in the furnishing of appropriate services under

this section and only if, under such contract, the Department receives reimbursement for the full cost of such assistance (including

the cost of services and supplies and normal depreciation and amortization of equipment). Such reimbursement may be made by reduction in the charges to the United States or by payment to the

United States. Any funds received through such reimbursement

shall be credited to funds allotted to the Department facility that

provided the assistance.

(d) The total cost of providing services or in-kind assistance in

the case of any veteran for any fiscal year under the program may

not exceed 65 percent of the cost that would have been incurred by

the Department during that fiscal year if the veteran had been furnished, instead, nursing home care under section 1710 of this title

during that fiscal year.

(e) The authority of the Secretary to enter into contracts under

this section shall be effective for any fiscal year only to the extent

that appropriations are available.

(Added P.L. 101–366, § 201(a)(1), Aug. 15, 1990, 104 Stat. 437, § 620C; renumbered

§ 1720C and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L.

103–452, § 103(c), Nov. 2, 1994, 108 Stat. 4786; P.L. 104–110, § 101(c), Feb. 13, 1996,

110 Stat. 768; P.L. 105–114, § 206(a), (b)(1), (2), Nov. 21, 1997, 111 Stat. 2289.)

§ 1720D. Counseling and treatment for sexual trauma

(a)(1) During the period through December 31, 2004, the Secretary 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

to overcome psychological trauma, which in the judgment of a mental health 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 veteran was serving on active duty.
§ 1720D CH. 17—MEDICAL CARE 170

(2) In furnishing counseling to a veteran under this subsection,

the Secretary may, during the period through December 31, 2004,

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 veteran in facilities of the Department would be

clinically inadvisable, or (B) Department facilities are not capable

of furnishing such counseling to that veteran 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 veteran eligible for counseling and care and services under subsection (a), the Secretary

shall ensure that the veteran 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 veterans 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 to veterans 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 to veterans 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 individuals who are being separated

from active military, naval, or air service are provided appropriate information about programs, requirements, and procedures for applying for counseling and treatment under this section.

(d) In this section the term ‘‘sexual harassment’’ means repeated,

unsolicited verbal or physical contact of a sexual nature which is

threatening in character.

(Added P.L. 102–585, § 102(a)(1), Nov. 4, 1992, 106 Stat. 4945; amended P.L. 103–

452, § 101(a)–(d), (f)(1), (2)(A), (g)(1), Nov. 2, 1994, 108 Stat. 4783, 4784; P.L. 105–

368, § 902, Nov. 11, 1998, 112 Stat. 3360; P.L. 106–117, § 115, Nov. 30, 1999, 113

Stat. 1558.)
171 CH. 17—MEDICAL CARE § 1722

§ 1720E. Nasopharyngeal radium irradiation

(a) The Secretary may provide any veteran a medical examination, and hospital care, medical services, and nursing home care,

which the Secretary determines is needed for the treatment of any

cancer of the head or neck which the Secretary finds may be associated with the veteran’s receipt of nasopharyngeal radium irradiation treatments in active military, naval, or air service.

(b) The Secretary shall provide care and services to a veteran

under subsection (a) only on the basis of evidence in the service

records of the veteran which document nasopharyngeal radium irradiation treatment in service, except that, notwithstanding the absence of such documentation, the Secretary may provide such care

to a veteran who—

(1) served as an aviator in the active military, naval, or air

service before the end of the Korean conflict; or

(2) underwent submarine training in active naval service before January 1, 1965.

(Added P.L. 105–368, § 901(a), Nov. 11, 1998, 112 Stat. 3360.)

SUBCHAPTER III—MISCELLANEOUS PROVISIONS RELATING

TO HOSPITAL AND NURSING HOME CARE AND MEDICAL

TREATMENT OF VETERANS

§ 1721. Power to make rules and regulations

Rules and regulations prescribed under section 501(a) of this title

shall include rules and regulations to promote good conduct on the

part of persons who are receiving hospital, nursing home, and

domiciliary care and medical services in Department facilities. The

Secretary may prescribe in rules and regulations under such section limitations in connection with the furnishing of such care and

services during a period of national emergency (other than a period

of war or an emergency described in section 8111A of this title).

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1143, § 621; P.L. 94–581, §§ 202(j), 210(a)(8),

Oct. 21, 1976, 90 Stat. 2856, 2863; P.L. 100–322, § 133, May 20, 1988, 102 Stat. 507;

P.L. 102–40, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1721 and amended P.L. 102–83, §§ 2(c)(1), 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 402,

404–406.)

§ 1722. Determination of inability to defray necessary expenses; income thresholds

(a) For the purposes of section 1710(a)(2)(G) of this title, a veteran shall be considered to be unable to defray the expenses of necessary care if—

(1) the veteran is eligible to receive medical assistance under

a State plan approved under title XIX of the Social Security

Act (42 U.S.C. 1396 et seq.);

(2) the veteran is in receipt of pension under section 1521 of

this title; or

(3) the veteran’s attributable income is not greater than the

amount set forth in subsection (b).

(b)(1) For purposes of subsection (a)(3), the income threshold for

the calendar year beginning on January 1, 1990, is—

(A) $17,240 in the case of a veteran with no dependents; and
§ 1722 CH. 17—MEDICAL CARE 172

(B) $20,688 in the case of a veteran with one dependent, plus

$1,150 for each additional dependent.

(2) For a calendar year beginning after December 31, 1990, the

amounts in effect for purposes of this subsection shall be the

amounts in effect for the preceding calendar year as adjusted under

subsection (c) of this section.

(c) Effective on January 1 of each year, the amounts in effect

under subsection (b) of this section shall be increased by the percentage by which the maximum rates of pension were increased

under section 5312(a) of this title during the preceding calendar

year.

(d)(1) Notwithstanding the attributable income of a veteran, the

Secretary may refuse to make a determination described in paragraph (2) of this subsection if the corpus of the estate of the veteran is such that under all the circumstances it is reasonable that

some part of the corpus of the estate of the veteran be consumed

for the veteran’s maintenance.

(2) A determination described in this paragraph is a determination that for purposes of subsection (a)(3) of this section a veteran’s

attributable income is not greater than the amount determined

under subsection (b) of this section.

(3) For the purposes of paragraph (1) of this subsection, the corpus of the estate of a veteran shall be determined in the same

manner as the manner in which determinations are made of the

corpus of the estates of persons under section 1522 of this title.

(e)(1) In order to avoid a hardship to a veteran described in paragraph (2) of this subsection, the Secretary may deem the veteran

to have an attributable income during the previous year not greater than the amount determined under subsection (b) of this section.

(2) A veteran is described in this paragraph for the purposes of

subsection (a) of this section if—

(A) the veteran has an attributable income greater than the

amount determined under subsection (b) of this section; and

(B) the current projections of such veteran’s income for the

current year are that the veteran’s income for such year will

be substantially below the amount determined under subsection (b).

(f) For purposes of this section:

(1) The term ‘‘attributable income’’ means the income of a

veteran for the previous year determined in the same manner

as the manner in which a determination is made of the total

amount of income by which the rate of pension for such veteran under section 1521 of this title would be reduced if such

veteran were eligible for pension under that section.

(2) The term ‘‘corpus of the estate of the veteran’’ includes

the corpus of the estates of the veteran’s spouse and dependent

children, if any.

(3) The term ‘‘previous year’’ means the calendar year preceding the year in which the veteran applies for care or services under section 1710(a) of this title.

(g) For the purposes of section 1724(c) of this title, the fact that

a veteran is—
173 CH. 17—MEDICAL CARE § 1722A

(1) eligible to receive medical assistance under a State plan

approved under title XIX of the Social Security Act (42 U.S.C.

1396 et seq.);

(2) a veteran with a service-connected disability; or

(3) in receipt of pension under any law administered by the

Department,

shall be accepted as sufficient evidence of such veteran’s inability

to defray necessary expenses.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1144, § 622; P.L. 89–612, § 1, Sept. 30, 1966,

80 Stat. 859; P.L. 91–500, § 1, Oct. 22, 1970, 84 Stat. 1096; P.L. 94–581, §§ 202(k),

210(a)(9), Oct. 21, 1976, 90 Stat. 2856, 2863; P.L. 96–330, § 401(a), Aug. 26, 1980,

94 Stat. 1051; P.L. 99–272, § 19011(c)(1), Apr. 7, 1986, 100 Stat. 376; P.L. 100–322,

§ 102(b), May 20, 1988, 102 Stat. 493; P.L. 101–508, § 8013(c), Nov. 5, 1990, 104

Stat. 1388–346; P.L. 102–40, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered

§ 1722 and amended P.L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 403–406; P.L. 104–262, § 101(d)(9), Oct. 9, 1996, 110 Stat. 3180.)

§ 1722A. Copayment for medications

(a)(1) Subject to paragraph (2), the Secretary shall require a veteran to pay the United States $2 for each 30-day supply of medication furnished such veteran under this chapter on an outpatient

basis for the treatment of a non-service-connected disability or condition. If the amount supplied is less than a 30-day supply, the

amount of the charge may not be reduced.

(2) The Secretary may not require a veteran to pay an amount

in excess of the cost to the Secretary for medication described in

paragraph (1).

(3) Paragraph (1) does not apply—

(A) to a veteran with a service-connected disability rated 50

percent or more; or

(B) to a veteran whose annual income (as determined under

section 1503 of this title) does not exceed the maximum annual

rate of pension which would be payable to such veteran if such

veteran were eligible for pension under section 1521 of this

title.

(b) The Secretary, pursuant to regulations which the Secretary

shall prescribe, may—

(1) increase the copayment amount in effect under subsection

(a); and

(2) establish a maximum monthly and a maximum annual

pharmaceutical copayment amount under subsection (a) for

veterans who have multiple outpatient prescriptions.

(c) Amounts collected under subsection (a) shall be deposited in

the Department of Veterans Affairs Medical Care Collections Fund.

Amounts collected through use of the authority under subsection

(b) shall be deposited in the Department of Veterans Affairs Health

Services Improvement Fund.

(d) The provisions of subsection (a) expire on September 30, 2002.

(Added P.L. 101–508, § 8012(a)(1), Nov. 5, 1990, 104 Stat. 1388–345, § 622A; renumbered § 1722A, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; amended P.L. 102–

139, § 518(a), Oct. 28, 1991, 105 Stat. 779; P.L. 102–229, Dec. 12, 1991, 105 Stat.

1709; P.L. 102–568, §§ 605(a), 606(a), Oct. 29, 1992, 106 Stat. 4343; P.L. 103–66,

§ 12002(b), Aug. 10, 1993, 107 Stat. 414; P.L. 103–446, § 1201(e)(7), Nov. 2, 1994,

108 Stat. 4685; P.L. 105–33, Aug. 5, 1997, 111 Stat. 668, §§ 8023(b)(3), 8022; P.L.

106–117, § 201(a), Nov. 30, 1999, 113 Stat. 1560.)
§ 1723 CH. 17—MEDICAL CARE 174

§ 1723. Furnishing of clothing

The Secretary shall not furnish clothing to persons who are in

Department facilities, except (1) where the furnishing of such clothing to indigent persons is necessary to protect health or sanitation,

and (2) where the Secretary furnishes veterans with special clothing made necessary by the wearing of prosthetic appliances.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1144, § 623; P.L. 94–581, § 210(a)(10), Oct. 21,

1976, 90 Stat. 2863; renumbered § 1723 and amended P.L. 102–83, §§ 4(a)(3), (4),

(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1724. Hospital care, medical services, and nursing home

care abroad

(a) Except as provided in subsections (b) and (c), the Secretary

shall not furnish hospital or domiciliary care or medical services

outside any State.

(b)(1) The Secretary may furnish hospital care and medical services outside a State to a veteran who is otherwise eligible to receive

hospital care and medical services if the Secretary determines that

such care and services are needed for the treatment of a serviceconnected disability of the veteran or as part of a rehabilitation

program under chapter 31 of this title.

(2) Care and services for a service-connected disability of a veteran who is not a citizen of the United States may be furnished

under this subsection only— (A) if the veteran is in the Republic of the Philippines or in

Canada; or

(B) if the Secretary determines, as a matter of discretion and

pursuant to regulations which the Secretary shall prescribe,

that it is appropriate and feasible to furnish such care and

services.

(c) Within the limits of those facilities of the Veterans Memorial

Medical Center at Manila, Republic of the Philippines, for which

the Secretary may contract, the Secretary may furnish necessary

hospital care to a veteran for any non-service-connected disability

if such veteran is unable to defray the expenses of necessary hospital care. The Secretary may enter into contracts to carry out this

section.

(d) The Secretary may furnish nursing home care, on the same

terms and conditions set forth in section 1720(a) of this title, to any

veteran who has been furnished hospital care in the Philippines

pursuant to this section, but who requires a protracted period of

nursing home care.

(e) Within the limits of an outpatient clinic in the Republic of the

Philippines that is under the direct jurisdiction of the Secretary,

the Secretary may furnish a veteran who has a service-connected

disability with such medical services as the Secretary determines

to be needed.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1144, § 624; P.L. 86–152, Aug. 11, 1959, 73

Stat. 332; P.L. 86–624, § 25(a), July 12, 1960, 74 Stat. 418; P.L. 87–815, § 4, Oct.

15, 1962, 76 Stat. 927; P.L. 93–82, § 108, Aug. 2, 1973, 87 Stat. 186; P.L. 94–581,

§§ 202(l), 210(a)(11), Oct. 21, 1976, 90 Stat. 2856, 2863; P.L. 95–520, § 3(a), Oct. 26,

1978, 92 Stat. 1820; P.L. 97–72, § 107(a), Nov. 3, 1981, 95 Stat. 1051; P.L. 97–295,

§ 4(20), Oct. 12, 1982, 96 Stat. 1306; P.L. 100–322, § 105, May 20, 1988, 102 Stat.

493; renumbered § 1724 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug.
175 CH. 17—MEDICAL CARE § 1725

6, 1991, 105 Stat. 404–406; P.L. 106–377, § 1(a)(1) [§ 501(c)], Oct. 27, 2000, 114 Stat.

1441, 1441A–55.)

§ 1725. Reimbursement for emergency treatment

(a) GENERAL AUTHORITY.—(1) Subject to subsections (c) and (d),

the Secretary may reimburse a veteran described in subsection (b)

for the reasonable value of emergency treatment furnished the veteran in a non-Department facility.

(2) In any case in which reimbursement is authorized under subsection (a)(1), the Secretary, in the Secretary’s discretion, may, in

lieu of reimbursing the veteran, make payment of the reasonable

value of the furnished emergency treatment directly— (A) to a hospital or other health care provider that furnished

the treatment; or

(B) to the person or organization that paid for such treatment on behalf of the veteran.

(b) ELIGIBILITY.—(1) A veteran referred to in subsection (a)(1) is

an individual who is an active Department health-care participant

who is personally liable for emergency treatment furnished the veteran in a non-Department facility.

(2) A veteran is an active Department health-care participant

if—

(A) the veteran is enrolled in the health care system established under section 1705(a) of this title; and

(B) the veteran received care under this chapter within the

24-month period preceding the furnishing of such emergency

treatment.

(3) A veteran is personally liable for emergency treatment furnished the veteran in a non-Department facility if the veteran—

(A) is financially liable to the provider of emergency treatment for that treatment;

(B) has no entitlement to care or services under a healthplan contract (determined, in the case of a health-plan contract

as defined in subsection (f )(2)(B) or (f )(2)(C), without regard to

any requirement or limitation relating to eligibility for care or

services from any department or agency of the United States);

(C) has no other contractual or legal recourse against a third

party that would, in whole or in part, extinguish such liability

to the provider; and

(D) is not eligible for reimbursement for medical care or services under section 1728 of this title.

(c) LIMITATIONS ON REIMBURSEMENT.—(1) The Secretary, in accordance with regulations prescribed by the Secretary, shall— (A) establish the maximum amount payable under subsection

(a);

(B) delineate the circumstances under which such payments

may be made, to include such requirements on requesting reimbursement as the Secretary shall establish; and

(C) provide that in no event may a payment under that subsection include any amount for which the veteran is not personally liable.

(2) Subject to paragraph (1), the Secretary may provide reimbursement under this section only after the veteran or the provider

of emergency treatment has exhausted without success all claims
§ 1725 CH. 17—MEDICAL CARE 176

and remedies reasonably available to the veteran or provider

against a third party for payment of such treatment.

(3) Payment by the Secretary under this section on behalf of a

veteran to a provider of emergency treatment shall, unless rejected

and refunded by the provider within 30 days of receipt, extinguish

any liability on the part of the veteran for that treatment. Neither

the absence of a contract or agreement between the Secretary and

the provider nor any provision of a contract, agreement, or assignment to the contrary shall operate to modify, limit, or negate the

requirement in the preceding sentence.

(d) INDEPENDENT RIGHT OF RECOVERY.—(1) In accordance with

regulations prescribed by the Secretary, the United States shall

have the independent right to recover any amount paid under this

section when, and to the extent that, a third party subsequently

makes a payment for the same emergency treatment.

(2) Any amount paid by the United States to the veteran (or the

veteran’s personal representative, successor, dependents, or survivors) or to any other person or organization paying for such treatment shall constitute a lien in favor of the United States against

any recovery the payee subsequently receives from a third party for

the same treatment.

(3) Any amount paid by the United States to the provider that

furnished the veteran’s emergency treatment shall constitute a lien

against any subsequent amount the provider receives from a third

party for the same emergency treatment for which the United

States made payment.

(4) The veteran (or the veteran’s personal representative, successor, dependents, or survivors) shall ensure that the Secretary is

promptly notified of any payment received from any third party for

emergency treatment furnished to the veteran. The veteran (or the

veteran’s personal representative, successor, dependents, or survivors) shall immediately forward all documents relating to such

payment, cooperate with the Secretary in the investigation of such

payment, and assist the Secretary in enforcing the United States

right to recover any payment made under subsection (c)(3).

(e) WAIVER.—The Secretary, in the Secretary’s discretion, may

waive recovery of a payment made to a veteran under this section

that is otherwise required by subsection (d)(1) when the Secretary

determines that such waiver would be in the best interest of the

United States, as defined by regulations prescribed by the Secretary.

(f ) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘emergency treatment’’ means medical care or

services furnished, in the judgment of the Secretary—

(A) when Department or other Federal facilities are not

feasibly available and an attempt to use them beforehand

would not be reasonable;

(B) when such care or services are rendered in a medical

emergency of such nature that a prudent layperson reasonably expects that delay in seeking immediate medical attention would be hazardous to life or health; and

(C) until such time as the veteran can be transferred

safely to a Department facility or other Federal facility.
177 CH. 17—MEDICAL CARE § 1728

(2) The term ‘‘health-plan contract’’ includes any of the following:

(A) An insurance policy or contract, medical or hospital

service agreement, membership or subscription contract, or

similar arrangement under which health services for individuals are provided or the expenses of such services are

paid.

(B) An insurance program described in section 1811 of

the Social Security Act (42 U.S.C. 1395c) or established by

section 1831 of that Act (42 U.S.C. 1395j).

(C) A State plan for medical assistance approved under

title XIX of such Act (42 U.S.C. 1396 et seq.).

(D) A workers’ compensation law or plan described in

section 1729(a)(2)(A) of this title.

(E) A law of a State or political subdivision described in

section 1729(a)(2)(B) of this title.

(3) The term ‘‘third party’’ means any of the following:

(A) A Federal entity.

(B) A State or political subdivision of a State.

(C) An employer or an employer’s insurance carrier.

(D) An automobile accident reparations insurance carrier.

(E) A person or entity obligated to provide, or to pay the

expenses of, health services under a health-plan contract.

(Added P.L. 106–117, § 111(a), Nov. 30, 1999, 113 Stat. 1553 [prior § 1725 repealed,

P.L. 93–43, § 4(b)].)

§ 1726. Reimbursement for loss of personal effects by natural disaster

The Secretary shall, under regulations which the Secretary shall

prescribe, reimburse veterans in Department hospitals and domiciliaries for any loss of personal effects sustained by fire, earthquake,

or other natural disaster while such effects were stored in designated locations in Department hospitals or domiciliaries.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1144, § 627; P.L. 93–82, § 105, Aug. 2, 1973,

87 Stat. 183; P.L. 94–581, § 210(a)(12), Oct. 21, 1976, 90 Stat. 2863; renumbered

§ 1726 and amended P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105

Stat. 404–406.)

§ 1727. Persons eligible under prior law

Persons who have a status which would, under the laws in effect

on December 31, 1957, entitle them to the medical services, hospital and domiciliary care, and other benefits, provided for in this

chapter, but who did not meet the service requirements contained

in this chapter, shall be entitled to such benefits notwithstanding

failure to meet such service requirements.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1144, § 627; P.L. 94–581, § 202(m), Oct. 21,

1976, 90 Stat. 2856; renumbered § 1727 P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat.

406.)

§ 1728. Reimbursement of certain medical expenses

(a) The Secretary may, under such regulations as the Secretary

shall prescribe, reimburse veterans entitled to hospital care or

medical services under this chapter for the reasonable value of
§ 1728 CH. 17—MEDICAL CARE 178

such care or services (including travel and incidental expenses

under the terms and conditions set forth in section 111 of this

title), for which such veterans have made payment, from sources

other than the Department, where— (1) such care or services were rendered in a medical emergency of such nature that delay would have been hazardous to

life or health;

(2) such care or services were rendered to a veteran in need

thereof (A) for an adjudicated service-connected disability, (B)

for a non-service-connected disability associated with and held

to be aggravating a service-connected disability, (C) for any

disability of a veteran who has a total disability permanent in

nature from a service-connected disability, or (D) for any illness, injury, or dental condition in the case of a veteran who

(i) is a participant in a vocational rehabilitation program (as

defined in section 3101(9) of this title), and (ii) is medically determined to have been in need of care or treatment to make

possible such veteran’s entrance into a course of training, or

prevent interruption of a course of training, or hasten the return to a course of training which was interrupted because of

such illness, injury, or dental condition; and

(3) Department or other Federal facilities were not feasibly

available, and an attempt to use them beforehand would not

have been reasonable, sound, wise, or practical.

(b) In any case where reimbursement would be in order under

subsection (a) of this section, the Secretary may, in lieu of reimbursing such veteran, make payment of the reasonable value of

care or services directly— (1) to the hospital or other health facility furnishing the care

or services; or

(2) to the person or organization making such expenditure on

behalf of such veteran.

(Added P.L. 93–82, § 106(a), Aug. 2, 1973, 87 Stat. 183, § 628; amended P.L. 94–581,

§§ 202(n), 210(a)(13), Oct. 21, 1976, 90 Stat. 2856, 2863; P.L. 96–151, § 201(d), Dec.

20, 1979, 93 Stat. 1093; P.L. 101–237, § 202(a), Dec. 18, 1989, 103 Stat. 2066; P.L.

102–54, § 14(b)(14), June 13, 1991, 105 Stat. 284; renumbered § 1728 and amended

P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404– 406.)

§ 1729. Recovery by the United States of the cost of certain

care and services

(a)(1) Subject to the provisions of this section, in any case in

which a veteran is furnished care or services under this chapter for

a non-service-connected disability described in paragraph (2) of this

subsection, the United States has the right to recover or collect reasonable charges for such care or services (as determined by the Secretary) from a third party to the extent that the veteran (or the

provider of the care or services) would be eligible to receive payment for such care or services from such third party if the care or

services had not been furnished by a department or agency of the

United States.

(2) Paragraph (1) of this subsection applies to a non-service-connected disability—

(A) that is incurred incident to the veteran’s employment

and that is covered under a workers’ compensation law or plan
179 CH. 17—MEDICAL CARE § 1729

that provides for payment for the cost of health care and services provided to the veteran by reason of the disability;

(B) that is incurred as the result of a motor vehicle accident

to which applies a State law that requires the owners or operators of motor vehicles registered in that State to have in force

automobile accident reparations insurance;

(C) that is incurred as the result of a crime of personal violence that occurred in a State, or a political subdivision of a

State, in which a person injured as the result of such a crime

is entitled to receive health care and services at such State’s

or subdivision’s expense for personal injuries suffered as the

result of such crime;

(D) that is incurred by a veteran— (i) who does not have a service-connected disability; and

(ii) who is entitled to care (or payment of the expense of

care) under a health-plan contract; or

(E) for which care and services are furnished before October

1, 2007, under this chapter to a veteran who— (i) has a service-connected disability; and

(ii) is entitled to care (or payment of the expenses of

care) under a health-plan contract.

(3) In the case of a health-plan contract that contains a requirement for payment of a deductible or copayment by the veteran—

(A) the veteran’s not having paid such deductible or copayment with respect to care or services furnished under this

chapter shall not preclude recovery or collection under this section; and

(B) the amount the United States may collect or recover

under this section shall be reduced by the appropriate deductible or copayment amount, or both.

(b)(1) As to the right provided in subsection (a) of this section,

the United States shall be subrogated to any right or claim that

the veteran (or the veteran’s personal representative, successor, dependents, or survivors) may have against a third party.

(2)(A) In order to enforce any right or claim to which the United

States is subrogated under paragraph (1) of this subsection, the

United States may intervene or join in any action or proceeding

brought by the veteran (or the veteran’s personal representative,

successor, dependents, or survivors) against a third party.

(B) The United States may institute and prosecute legal proceedings against the third party if— (i) an action or proceeding described in subparagraph (A) of

this paragraph is not begun within 180 days after the first day

on which care or services for which recovery is sought are furnished to the veteran by the Secretary under this chapter;

(ii) the United States has sent written notice by certified

mail to the veteran at the veteran’s last-known address (or to

the veteran’s personal representative or successor) of the intention of the United States to institute such legal proceedings;

and

(iii) a period of 60 days has passed following the mailing of

such notice.

(C) A proceeding under subparagraph (B) of this paragraph may

not be brought after the end of the six-year period beginning on the
§ 1729 CH. 17—MEDICAL CARE 180

last day on which the care or services for which recovery is sought

are furnished.

(c)(1) The Secretary may compromise, settle, or waive any claim

which the United States has under this section.

(2)(A) The Secretary, after consultation with the Comptroller

General of the United States, shall prescribe regulations for the

purpose of determining reasonable charges for care or services

under subsection (a)(1) of this section. Any determination of such

charges shall be made in accordance with such regulations.

(B) Such regulations shall provide that the reasonable cost of

care or services sought to be recovered or collected from a thirdparty liable under a health-plan contract may not exceed the

amount that such third party demonstrates to the satisfaction of

the Secretary it would pay for the care or services if provided by

facilities (other than facilities of departments or agencies of the

United States) in the same geographic area.

(C) Not later than 45 days after the date on which the Secretary

prescribes such regulations (or any amendment to such regulations), the Comptroller General shall submit to the Committees on

Veterans’ Affairs of the Senate and the House of Representatives

the Comptroller General’s comments on and recommendations regarding such regulations (or amendment).

(d) Any contract or agreement into which the Secretary enters

with a person under section 3718 of title 31 for collection services

to recover indebtedness owed the United States under this section

shall provide, with respect to such services, that such person is

subject to sections 5701 and 7332 of this title.

(e) A veteran eligible for care or services under this chapter—

(1) may not be denied such care or services by reason of this

section; and

(2) may not be required by reason of this section to make any

copayment or deductible payment in order to receive such care.

(f) No law of any State or of any political subdivision of a State

and no provision of any contract or other agreement, shall operate

to prevent recovery or collection by the United States under this

section or with respect to care or services furnished under section

1784 of this title.

ø(g) Repealed by § 8023(b)(4) of P.L. 105–33, 111 Stat. 667.¿

(h)(1) Subject to paragraph (3) of this subsection, the Secretary

shall make available medical records of a veteran described in

paragraph (2) of this subsection for inspection and review by representatives of the third party concerned for the sole purpose of

permitting the third party to verify—

(A) that the care or services for which recovery or collection

is sought were furnished to the veteran; and

(B) that the provision of such care or services to the veterans

meets the criteria generally applicable under the health-plan

contract involved.

(2) A veteran described in this paragraph is a veteran who is a

beneficiary of a health-plan contract under which recovery or collection is sought under this section from the third party concerned

for the cost of care or services furnished to the veteran.
181 CH. 17—MEDICAL CARE § 1729

(3) Records shall be made available under this subsection under

such conditions to protect the confidentiality of such records as the

Secretary shall prescribe in regulations.

(i) For purposes of this section—

(1)(A) The term ‘‘health-plan contract’’ means an insurance

policy or contract, medical or hospital service agreement, membership or subscription contract, or similar arrangement under

which health services for individuals are provided or the expenses of such services are paid.

(B) Such term does not include—

(i) an insurance program described in section 1811 of the

Social Security Act (42 U.S.C. 1395c) or established by section 1831 of such Act (42 U.S.C. 1395j);

(ii) a State plan for medical assistance approved under

title XIX of such Act (42 U.S.C. 1396 et seq.);

(iii) a workers’ compensation law or plan described in

subparagraph (A) of subsection (a)(2) of this section; or

(iv) a program, plan, or policy under a law described in

subparagraph (B) or (C) of such subsection.

(2) The term ‘‘payment’’ includes reimbursement and indemnification.

(3) The term ‘‘third party’’ means—

(A) a State or political subdivision of a State;

(B) an employer or an employer’s insurance carrier;

(C) an automobile accident reparations insurance carrier; or

(D) a person obligated to provide, or to pay the expenses

of, health services under a health-plan contract.

(Added P.L. 97–72, § 106(a)(1), Nov. 3, 1981, 95 Stat. 1050, § 629; amended P.L. 99–

272, § 19013(a), Apr. 7, 1986, 100 Stat. 382; P.L. 100–322, § 202, May 20, 1988, 102

Stat. 509; P.L. 101–508, § 8011(a)–(c), Nov. 5, 1990, 104 Stat. 1388–344; P.L. 102–

40, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1729 and amended P.L.

102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 102–568,

§ 604, Oct. 29, 1992, 106 Stat. 4343; P.L. 103–66, § 12003, Aug. 10, 1993, 107 Stat.

414; P.L. 104–262, § 101(d)(10), Oct. 9, 1996, 110 Stat. 3180; P.L. 105–33, Aug. 5,

1997, 111 Stat. 665, 667, §§ 8022, 8023(d)(1), (2), (4); P.L. 107–135, §§ 208(e)(4),

209(b), Jan. 23, 2002, 115 Stat. 2463, 2464.)

§ 1729A. Department of Veterans Affairs Medical Care Collections Fund

(a) There is in the Treasury a fund to be known as the Department of Veterans Affairs Medical Care Collections Fund.

(b) Amounts recovered or collected after June 30, 1997, under

any of the following provisions of law shall be deposited in the

fund:

(1) Section 1710(f) of this title.

(2) Section 1710(g) of this title.

(3) Section 1711 of this title.

(4) Section 1722A of this title.

(5) Section 1725 of this title.

(6) Section 1729 of this title.

(7) Section 1784 of this title.

(8) Public Law 87–693, popularly known as the ‘‘Federal

Medical Care Recovery Act’’ (42 U.S.C. 2651 et seq.), to the ex-
§ 1729 CH. 17—MEDICAL CARE 182

tent that a recovery or collection under that law is based on

medical care or services furnished under this chapter.

(c)(1) Subject to the provisions of appropriations Acts, amounts in

the fund shall be available, without fiscal year limitation, to the

Secretary for the following purposes:

(A) Furnishing medical care and services under this chapter,

to be available during any fiscal year for the same purposes

and subject to the same limitations (other than with respect to

the period of availability for obligation) as apply to amounts

appropriated from the general fund of the Treasury for that fiscal year for medical care.

(B) Expenses of the Department for the identification, billing, auditing, and collection of amounts owed the United States

by reason of medical care and services furnished under this

chapter.

(2) Amounts available under paragraph (1) may not be used for

any purpose other than a purpose set forth in subparagraph (A) or

(B) of that paragraph.

(3)(A) If for fiscal year 1998 the Secretary determines that the

total amount to be recovered under the provisions of law specified

in subsection (b) will be less than the amount contained in the latest Congressional Budget Office baseline estimate (computed under

section 257 of the Balanced Budget and Emergency Deficit Control

Act of 1985) for the amount of such recoveries for fiscal year 1998

by at least $25,000,000, the Secretary shall promptly certify to the

Secretary of the Treasury the amount of the shortfall (as estimated

by the Secretary) that is in excess of $25,000,000. Upon receipt of

such a certification, the Secretary of the Treasury shall, not later

than 30 days after receiving the certification, deposit in the fund,

from any unobligated amounts in the Treasury, an amount equal

to the amount certified by the Secretary.

(B) If for fiscal year 1998 a deposit is made under subparagraph

(A) and the Secretary subsequently determines that the actual

amount recovered for that fiscal year under the provisions of law

specified in subsection (b) is greater than the amount estimated by

the Secretary that was used for purposes of the certification by the

Secretary under subparagraph (A), the Secretary shall pay into the

general fund of the Treasury, from amounts available for medical

care, an amount equal to the difference between the amount actually recovered and the amount so estimated (but not in excess of

the amount of the deposit under subparagraph (A) pursuant to

such certification).

(C) If for fiscal year 1998 a deposit is made under subparagraph

(A) and the Secretary subsequently determines that the actual

amount recovered for that fiscal year under the provisions of law

specified in subsection (b) is less than the amount estimated by the

Secretary that was used for purposes of the certification by the Secretary under subparagraph (A), the Secretary shall promptly certify

to the Secretary of the Treasury the amount of the shortfall. Upon

receipt of such a certification, the Secretary of the Treasury shall,

not later than 30 days after receiving the certification, deposit in

the fund, from any unobligated amounts in the Treasury, an

amount equal to the amount certified by the Secretary.
183 CH. 17—MEDICAL CARE § 1729B

(d) Of the total amount recovered or collected by the Department

during a fiscal year under the provisions of law referred to in subsection (b) and made available from the fund, the Secretary shall

make available to each Department health care facility of the Department an amount that bears the same ratio to the total amount

so made available as the amount recovered or collected by such facility during that fiscal year under such provisions of law bears to

such total amount recovered or collected during that fiscal year.

The Secretary shall make available to each facility the entirety of

the amount specified to be made available to such facility by the

preceding sentence.

(e)(1) The Secretary shall submit to the Committees on Veterans’

Affairs of the Senate and House of Representatives quarterly reports on the operation of this section for fiscal years 1998, 1999,

and 2000 and for the first quarter of fiscal year 2001. Each such

report shall specify the amount collected under each of the provisions specified in subsection (b) during the preceding quarter and

the amount originally estimated to be collected under each such

provision during such quarter.

(2) A report under paragraph (1) for a quarter shall be submitted

not later than 45 days after the end of that quarter.

(f) Amounts recovered or collected under the provisions of law referred to in subsection (b) shall be treated for the purposes of sections 251 and 252 of the Balanced Budget and Emergency Deficit

Control Act of 1985 (2 U.S.C. 901, 902) as offsets to discretionary

appropriations (rather than as offsets to direct spending) to the extent that such amounts are made available for expenditure in appropriations Acts for the purposes specified in subsection (c).

(Added P.L. 105–33, Aug. 5, 1997, 111 Stat. 665, § 8023(a); amended P.L. 106–117,

§§ 111(b), 203, Nov. 30, 1999, 113 Stat. 1556, 1561; P.L. 107–135, § 208(e)(5), Jan.

23, 2002, 115 Stat. 2463.)

§ 1729B. Health Services Improvement Fund

(a) There is established in the Treasury of the United States a

fund to be known as the Department of Veterans Affairs Health

Services Improvement Fund.

(b) Amounts received or collected after the date of the enactment

of this section under any of the following provisions of law shall be

deposited in the fund:

(1) Section 1722A(b) of this title.

(2) Section 8165(a) of this title.

(3) Section 113 of the Veterans Millennium Health Care and

Benefits Act.

(c) Amounts in the fund are hereby available, without fiscal year

limitation, to the Secretary for the purposes stated in subparagraphs (A) and (B) of section 1729A(c)(1) of this title.

(d) The Secretary shall allocate amounts in the fund in the same

manner as applies under subsection (d) of section 1729A of this

title with respect to amounts made available from the fund under

that section.

(Added P.L. 106–117, § 202(a), Nov. 30, 1999, 113 Stat. 1561; amended P.L. 107–

103, § 509(c), Dec. 27, 2001, 115 Stat. 997.)
§ 1730 CH. 17—MEDICAL CARE 184

§ 1730. Community residential care

(a) Subject to this section and regulations to be prescribed by the

Secretary under this section, the Secretary may assist a veteran by

referring such veteran for placement in, and aiding such veteran

in obtaining placement in, a community residential-care facility if—

(1) at the time of initiating the assistance the Secretary—

(A) is furnishing the veteran medical services on an outpatient basis or hospital, domiciliary, or nursing home

care; or

(B) has furnished the veteran such care or services within the preceding 12 months; and

(2) placement of the veteran in a community residential-care

facility is appropriate.

(b)(1) The Secretary may not provide assistance under subsection

(a) of this section with respect to a community residential-care facility unless such facility is approved by the Secretary for the purposes of this section.

(2) The Secretary’s approval of a facility for the purposes of this

section shall be based upon the Secretary’s determination, after inspection of the facility, that the facility meets the standards established in regulations prescribed under this section. Such standards

shall include the following:

(A) Health and safety criteria, including a requirement of

compliance with applicable State laws and local ordinances relating to health and safety.

(B) A requirement that the costs charged for care by a facility be reasonable, as determined by the Secretary, giving consideration to such factors as (i) the level of care, supervision,

and other services to be provided, (ii) the cost of goods and

services in the geographic area in which the facility is located,

and (iii) comparability with other facilities in such area providing similar services.

(C) Criteria for determining the resources that a facility

needs in order to provide an appropriate level of services to

veterans.

(D) Such other criteria as the Secretary determines are appropriate to protect the welfare of veterans placed in a facility

under this section.

(3) Payment of the charges of a community residential-care facility for any care or service provided to a veteran whom the Secretary has referred to that facility under this section is not the responsibility of the United States or of the Department.

(c)(1) In order to determine continued compliance by community

residential-care facilities that have been approved under subsection

(b) of this section with the standards established in regulations

prescribed under this section, the Secretary shall provide for periodic inspection of such facilities.

(2) If the Secretary determines that a facility is not in compliance

with such standards, the Secretary (in accordance with regulations

prescribed under this section)—

(A) shall cease to refer veterans to such facility; and
185 CH. 17—MEDICAL CARE § 1732

(B) may, with the permission of the veteran (or the person

or entity authorized by law to give permission on behalf of the

veteran), assist in removing a veteran from such facility.

Regulations prescribed to carry out this paragraph shall provide for

reasonable notice and, upon request made on behalf of the facility,

a hearing before any action authorized by this paragraph is taken.

(d) The Secretary shall prescribe regulations to carry out this

section. Such regulations shall include the standards required by

subsection (b) of this section.

(e)(1) To the extent possible, the Secretary shall make available

each report of an inspection of a community residential-care facility

under subsection (b)(2) or (c)(1) of this section to each Federal,

State, and local agency charged with the responsibility of licensing

or otherwise regulating or inspecting such facility.

(2) The Secretary shall make the standards prescribed in regulations under subsection (d) of this section available to all Federal,

State, and local agencies charged with the responsibility of licensing or otherwise regulating or inspecting community residentialcare facilities.

(f) For the purpose of this section, the term ‘‘community residential-care facility’’ means a facility that provides room and board

and such limited personal care for and supervision of residents as

the Secretary determines, in accordance with regulations prescribed under this section, are necessary for the health, safety, and

welfare of residents.

(Added P.L. 98–160, § 104(a), Nov. 21, 1983, 97 Stat. 996, § 630; amended P.L. 102–

54, § 14(b)(15), June 13, 1991, 105 Stat. 284; renumbered § 1730 and amended P.L.

102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

SUBCHAPTER IV—HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN THE REPUBLIC OF THE PHILIPPINES

§ 1731. Assistance to the Republic of the Philippines

The President is authorized to assist the Republic of the

Philippines in fulfilling its responsibility in providing medical care

and treatment for Commonwealth Army veterans and new Philippine Scouts in need of such care and treatment for service-connected disabilities and non-service-connected disabilities under certain conditions.

(Added P.L. 93–82, § 107(a), Aug. 2, 1973, 87 Stat. 184, § 631; amended P.L. 97–72,

§ 107(b), Nov. 3, 1981, 95 Stat. 1052; renumbered § 1731, P.L. 102–83, § 5(a), Aug.

6, 1991, 105 Stat. 406.)

§ 1732. Contracts and grants to provide for the care and

treatment of United States veterans by the Veterans Memorial Medical Center

(a) The President, with the concurrence of the Republic of the

Philippines, may authorize the Secretary to enter into contracts

with the Veterans Memorial Medical Center, with the approval of

the appropriate department of the Government of the Republic of

the Philippines, covering the period beginning on October 1, 1981,

and ending on September 30, 1994, under which the United

States—
§ 1732 CH. 17—MEDICAL CARE 186

(1) will provide for payments for hospital care and medical

services (including nursing home care) in the Veterans Memorial Medical Center, as authorized by section 1724 of this title

and on the terms and conditions set forth in such section, to

eligible United States veterans at a per diem rate to be jointly

determined for each fiscal year by the two Governments to be

fair and reasonable; and

(2) may provide that payments for such hospital care and

medical services provided to eligible United States veterans

may consist in whole or in part of available medicines, medical

supplies, and equipment furnished by the Secretary to the Veterans Memorial Medical Center at valuations therefor as determined by the Secretary, who may furnish such medicines, medical supplies, and equipment through the revolving supply fund

pursuant to section 8121 of this title.

(b)(1) To further assure the effective care and treatment of

United States veterans in the Veterans Memorial Medical Center,

there is authorized to be appropriated for each fiscal year during

the period beginning on October 1, 1981, and ending on September

30, 1990, the sum of $1,000,000 to be used by the Secretary for

making grants to the Veterans Memorial Medical Center for the

purpose of assisting the Republic of the Philippines in the replacement and upgrading of equipment and in rehabilitating the physical plant and facilities of such center.

(2) Grants under this subsection shall be made on such terms

and conditions as prescribed by the Secretary. Such terms and conditions may include a requirement of prior approval by the Secretary of the uses of the funds provided by such grants.

(3) Funds for such grants may be provided only from appropriations made to the Department for the specific purpose of making

such grants.

(c) The Secretary may stop payments under a contract or grant

under this section upon reasonable notice as stipulated by the contract or grant if the Republic of the Philippines and the Veterans

Memorial Medical Center do not maintain the medical center in a

well-equipped and effective operating condition as determined by

the Secretary.

(d)(1) The authority of the Secretary to enter into contracts and

to make grants under this section is effective for any fiscal year

only to the extent that appropriations are available for that purpose.

(2) Appropriations made for the purpose of this section shall remain available until expended.

(Added P.L. 93–82, § 107(a), Aug. 2, 1973, 87 Stat. 184, § 632; amended P.L. 94–581,

§ 210(a)(14), Oct. 21, 1976, 90 Stat. 2863; P.L. 95–520, § 3(b), Oct. 26, 1978, 92 Stat.

1820; P.L. 97–72, § 107(c)(1), Nov. 3, 1981, 95 Stat. 1052; P.L. 99–576, § 206(a)(1),

Oct. 28, 1986, 100 Stat. 3256; P.L. 100–687, § 1502(a), (b), Nov. 18, 1988, 102 Stat.

4132; P.L. 102–40, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1732 and

amended P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

404–406; P.L. 102–86, § 304(a), Aug. 14, 1991, 105 Stat. 416; P.L. 102–585, § 503,

Nov. 4, 1992, 106 Stat. 4955.)

§ 1733. Supervision of program by the President

The President, or any officer of the United States to whom the

President may delegate authority under this section, may from
187 CH. 17—MEDICAL CARE § 1735

time to time prescribe such rules and regulations and impose such

conditions on the receipt of financial aid as may be necessary to

carry out this subchapter.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1146, § 633; P.L. 94–581, § 210(a)(15), Oct. 21,

1976, 90 Stat. 2863; renumbered § 1733, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat.

406.)

§ 1734. Hospital and nursing home care and medical services in the United States

(a) The Secretary, within the limits of Department facilities, may

furnish hospital and nursing home care and medical services to

Commonwealth Army veterans and new Philippine Scouts for the

treatment of the service-connected disabilities of such veterans and

scouts.

(b) An individual who is in receipt of benefits under subchapter

II or IV of chapter 11 of this title paid by reason of service described in section 107(a) of this title who is residing in the United

States and who is a citizen of, or an alien lawfully admitted for

permanent residence in, the United States shall be eligible for hospital and nursing home care and medical services in the same manner as a veteran, and the disease or disability for which such benefits are paid shall be considered to be a service-connected disability

for purposes of this chapter.

(Added P.L. 96–22, § 106(a), June 13, 1979, 93 Stat. 53, § 634; renumbered § 1734

and amended P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.

404–406; P.L. 106–377, § 1(a)(1) [§ 501(b)], Oct. 27, 2000, 114 Stat. 1441, 1441A–55.)

§ 1735. Definitions

For the purposes of this subchapter—

(1) The term ‘‘Commonwealth Army veterans’’ means persons

who served before July 1, 1946, in the organized military forces of

the Government of the Philippines, while such forces were in the

service of the Armed Forces pursuant to the military order of the

President dated July 26, 1941, including among such military

forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief,

Southwest Pacific Area, or other competent authority in the Army

of the United States, and who were discharged or released from

such service under conditions other than dishonorable. The term

‘‘new Philippine Scouts’’ means persons who served in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945, and who were discharged or released from

such service under conditions other than dishonorable.

(2) The term ‘‘service-connected disabilities’’ means disabilities

determined by the Secretary under laws administered by the Secretary to have been incurred in or aggravated by the service described in paragraph (1) in line of duty.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1146, § 634; P.L. 89–612, § 3, Sept. 30, 1966,

80 Stat. 861; renumbered § 635, P.L. 96–22, § 106(a), June 13, 1979, 93 Stat. 53; renumbered § 1735 and amended P.L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6,

1991, 105 Stat. 403–406.)
§ 1741 CH. 17—MEDICAL CARE 188

SUBCHAPTER V—PAYMENTS TO STATE HOMES

§ 1741. Criteria for payment

(a)(1) The Secretary shall pay each State at the per diem rate

of—

(A) $8.70 for domiciliary care; and

(B) $20.35 for nursing home care and hospital care,

for each veteran receiving such care in a State home, if such veteran is eligible for such care in a Department facility.

(2) The Secretary may pay each State per diem at a rate determined by the Secretary for each veteran receiving extended care

services described in any of paragraphs (4) through (6) of section

1710B(a) of this title under a program administered by a State

home, if such veteran is eligible for such care under laws administered by the Secretary.

(b) In no case shall the payments made with respect to any veteran under this section exceed one-half of the cost of the veterans’

care in such State home.

(c) Whenever the Secretary makes a determination pursuant to

section 1720(a)(2)(A) of this title that the cost of care furnished by

the Department in a general hospital under the direct jurisdiction

of the Secretary has increased, the Secretary may, effective no earlier than the date of such determination, increase the rates paid

under subsection (a) of this section by a percentage not greater

than the percentage by which the Secretary has determined that

such cost of care has increased.

(d) Subject to section 1743 of this title, the payment of per diem

for care furnished in a State home facility shall commence on the

date of the completion of the inspection for recognition of the facility under section 1742(a) of this title if the Secretary determines,

as a result of that inspection, that the State home meets the standards described in such section.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1146, § 641; P.L. 86–625, July 12, 1960, 74 Stat.

424; P.L. 87–819, § 1, Oct. 15, 1962, 76 Stat. 935; P.L. 88–450, § 3(a), Aug. 19, 1964,

78 Stat. 500; P.L. 90–432, § 1, July 26, 1968, 82 Stat. 448; P.L. 91–178, § 1, Dec.

30, 1969, 83 Stat. 836; P.L. 93–82, § 403(a), Aug. 2, 1973, 87 Stat. 196; P.L. 94–417,

§ 1(a), Sept. 21, 1976, 90 Stat. 1277; P.L. 94–581, § 202(o), Oct. 21, 1976, 90 Stat.

2856; P.L. 96–151, § 101(b)(1), Dec. 20, 1979, 93 Stat. 1092; P.L. 98–160, § 105(a),

Nov. 21, 1983, 97 Stat. 998; P.L. 100–322, § 134(a), May 20, 1988, 102 Stat. 507;

renumbered § 1741 and amended P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 102–585, § 406, Nov. 4, 1992, 106 Stat.

4954; P.L. 104–66, § 1141(a), Dec. 21, 1995, 109 Stat. 726; P.L. 104–262, § 342(a),

Oct. 9, 1996, 110 Stat. 3206; P.L. 106–117, § 101(g), Nov. 30, 1999, 113 Stat. 1550.)

§ 1742. Inspections of such homes; restrictions on beneficiaries

(a) The Secretary may inspect any State home at such times as

the Secretary deems necessary. No payment or grant may be made

to any home under this subchapter unless such home is determined

by the Secretary to meet such standards as the Secretary shall prescribe, which standards with respect to nursing home care shall be

no less stringent than those prescribed pursuant to section 1720(b)

of this title.

(b) The Secretary may ascertain the number of persons on account of whom payments may be made under this subchapter on
189 CH. 17—MEDICAL CARE § 1754

account of any State home, but shall have no authority over the

management or control of any State home.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1146, § 642; P.L. 94–581, § 107(a), § 210(a)(16),

Oct. 21, 1976, 90 Stat. 2847, 2863; renumbered § 1742 and amended P.L. 102–83,

§§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1743. Applications

Payments on account of any veteran cared for in a State home

shall be made under this subchapter only from the date the Secretary receives a request for determination of such veteran’s eligibility; however, if such request is received by the Secretary within

ten days after care of such veteran begins, payments shall be made

on account of such veteran from the date care began.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1147, § 643; P.L. 97–251, § 7, Sept. 8, 1982, 96

Stat. 716; renumbered § 1743 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug.

6, 1991, 105 Stat. 404–406.)

[§ 1744. Repealed. P.L. 95–62, § 2.]

SUBCHAPTER VI—SICKLE CELL ANEMIA

§ 1751. Screening, counseling, and medical treatment

The Secretary is authorized to carry out a comprehensive program of providing sickle cell anemia screening, counseling, treatment, and information under the provisions of this chapter.

(Added P.L. 93–82, § 109(a), Aug. 2, 1973, 87 Stat. 186, § 651; renumbered § 1751

and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1752. Research

The Secretary is authorized to carry out research and research

training in the diagnosis, treatment, and control of sickle cell anemia based upon the screening examinations and treatment provided under this subchapter.

(Added P.L. 93–82, § 109(a), Aug. 2, 1973, 87 Stat. 186, § 652; renumbered § 1752

and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1753. Voluntary participation; confidentiality

(a) The participation by any person in any program or portion

thereof under this subchapter shall be wholly voluntary and shall

not be a prerequisite to eligibility for or receipt of any other service

or assistance from, or to participation in, any other program under

this title.

(b) Patient records prepared or obtained under this subchapter

shall be held confidential in the same manner and under the same

conditions prescribed in section 7332 of this title.

(Added P.L. 93–82, § 109(a), Aug. 2, 1973, 87 Stat. 187, § 653; amended P.L. 94–581,

§ 111(b), Oct. 21, 1976, 90 Stat. 2852; P.L. 102–40, § 402(d)(1), May 7, 1991, 105

Stat. 239; renumbered § 1753, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 1754. Reports

The Secretary shall include in the annual report to the Congress

required by section 529 of this title a comprehensive report on the

administration of this subchapter, including such recommendations

for additional legislation as the Secretary deems necessary.
§ 1771 CH. 17—MEDICAL CARE 190

(Added P.L. 93–82, § 109(a), Aug. 2, 1973, 87 Stat. 187, § 654; renumbered § 1754

and amended P.L. 102–83, §§ 2(c)(3), 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 402,

404–406.)

SUBCHAPTER VII—[REPEALED.]

[§§ 1771–1774. Transferred and redesignated as §§ 2031–2034.

P.L. 107–95, § 5(b)(1).]

SUBCHAPTER VIII—HEALTH CARE OF PERSONS OTHER

THAN VETERANS

§ 1781. Medical care for survivors and dependents of certain veterans

(a) The Secretary is authorized to provide medical care, in accordance with the provisions of subsection (b) of this section, for— (1) the spouse or child of a veteran who has a total disability,

permanent in nature, resulting from a service-connected disability,

(2) the surviving spouse or child of a veteran who (A) died

as a result of a service-connected disability, or (B) at the time

of death had a total disability permanent in nature, resulting

from a service-connected disability, and

(3) the surviving spouse or child of a person who died in the

active military, naval, or air service in the line of duty and not

due to such person’s own misconduct,

who are not otherwise eligible for medical care under chapter 55

of title 10 (CHAMPUS).

(b) In order to accomplish the purposes of subsection (a) of this

section, the Secretary shall provide for medical care in the same or

similar manner and subject to the same or similar limitations as

medical care is furnished to certain dependents and survivors of active duty and retired members of the Armed Forces under chapter

55 of title 10 (CHAMPUS), by— (1) entering into an agreement with the Secretary of Defense

under which that Secretary shall include coverage for such

medical care under the contract, or contracts, that Secretary

enters into to carry out such chapter 55, and under which the

Secretary of Veterans Affairs shall fully reimburse the Secretary of Defense for all costs and expenditures made for the

purposes of affording the medical care authorized pursuant to

this section; or

(2) contracting in accordance with such regulations as the

Secretary shall prescribe for such insurance, medical service,

or health plans as the Secretary deems appropriate.

In cases in which Department medical facilities are equipped to

provide the care and treatment, the Secretary is also authorized to

carry out such purposes through the use of such facilities not being

utilized for the care of eligible veterans. A dependent or survivor

receiving care under the preceding sentence shall be eligible for the

same medical services as a veteran, including services under sections 1782 and 1783 of this title.

(c) For the purposes of this section, a child between the ages of

eighteen and twenty-three (1) who is eligible for benefits under

subsection (a) of this section, (2) who is pursuing a full-time course
191 CH. 17—MEDICAL CARE § 1781

of instruction at an educational institution approved under chapter

36 of this title, and (3) who, while pursuing such course of instruction, incurs a disabling illness or injury (including a disabling illness or injury incurred between terms, semesters, or quarters or

during a vacation or holiday period) which is not the result of such

child’s own willful misconduct and which results in such child’s inability to continue or resume such child’s chosen program of education at an approved educational institution shall remain eligible

for benefits under this section until the end of the six-month period

beginning on the date the disability is removed, the end of the twoyear period beginning on the date of the onset of the disability, or

the twenty-third birthday of the child, whichever occurs first.

(d)(1)(A) An individual otherwise eligible for medical care under

this section who is also entitled to hospital insurance benefits

under part A of the medicare program is eligible for medical care

under this section only if the individual is also enrolled in the supplementary medical insurance program under part B of the medicare program.

(B) The limitation in subparagraph (A) does not apply to an individual who—

(i) has attained 65 years of age as of the date of the enactment of the Veterans’ Survivor Benefits Improvements Act of

2001; and

(ii) is not enrolled in the supplementary medical insurance

program under part B of the medicare program as of that date.

(2) Subject to paragraph (3), if an individual described in paragraph (1) receives medical care for which payment may be made

under both this section and the medicare program, the amount

payable for such medical care under this section shall be the

amount by which (A) the costs for such medical care exceed (B) the

sum of—

(i) the amount payable for such medical care under the medicare program; and

(ii) the total amount paid or payable for such medical care

by third party payers other than the medicare program.

(3) The amount payable under this subsection for medical care

may not exceed the total amount that would be paid under subsection (b) if payment for such medical care were made solely

under subsection (b).

(4) In this paragraph:

(A) The term ‘‘medicare program’’ means the program of

health insurance administered by the Secretary of Health and

Human Services under title XVIII of the Social Security Act

(42 U.S.C. 1395 et seq.).

(B) The term ‘‘third party’’ has the meaning given that term

in section 1729(i)(3) of this title.

(Added P.L. 93–82, § 103(b), Aug. 2, 1973, 87 Stat. 181, § 613; amended P.L. 94–581,

§ 104, § 210(a)(4), Oct. 21, 1976, 90 Stat. 2845, 2862; P.L. 96–151, § 205(a), Dec. 20,

1979, 93 Stat. 1094; P.L. 97–72, § 105, Nov. 3, 1981, 95 Stat. 1050; P.L. 97–251,

§ 5(a), Sept. 8, 1982, 96 Stat. 716; renumbered § 1713 and amended P.L. 102–83,

§§ 4(a)(3), (4), (b)(1), (2)(B), (E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; P.L. 102–190,

§ 704(b)(2), Dec. 5, 1991, 105 Stat. 1402; P.L. 107–14, § 3, June 5, 2001, 115 Stat.

25; renumbered § 1781, transferred, and amended P.L. 107–135, § 208(c), Jan. 23,

2002, 115 Stat. 2463.)
§ 1782 CH. 17—MEDICAL CARE 192

§ 1782. Counseling, training, and mental health services for

immediate family members

(a) COUNSELING FOR FAMILY MEMBERS OF VETERANS RECEIVING

SERVICE-CONNECTED TREATMENT.—In the case of a veteran who is

receiving treatment for a service-connected disability pursuant to

paragraph (1) or (2) of section 1710(a) of this title, the Secretary

shall provide to individuals described in subsection (c) such consultation, professional counseling, training, and mental health

services as are necessary in connection with that treatment.

(b) COUNSELING FOR FAMILY MEMBERS OF VETERANS RECEIVING

NON-SERVICE-CONNECTED TREATMENT.—In the case of a veteran

who is eligible to receive treatment for a non-service-connected disability under the conditions described in paragraph (1), (2), or (3)

of section 1710(a) of this title, the Secretary may, in the discretion

of the Secretary, provide to individuals described in subsection (c)

such consultation, professional counseling, training, and mental

health services as are necessary in connection with that treatment

if—

(1) those services were initiated during the veteran’s hospitalization; and

(2) the continued provision of those services on an outpatient

basis is essential to permit the discharge of the veteran from

the hospital.

(c) ELIGIBLE INDIVIDUALS.—Individuals who may be provided

services under this subsection are—

(1) the members of the immediate family or the legal guardian of a veteran; or

(2) the individual in whose household such veteran certifies

an intention to live.

(d) TRAVEL AND TRANSPORTATION AUTHORIZED.—Services provided under subsections (a) and (b) may include, under the terms

and conditions set forth in section 111 of this title, travel and incidental expenses of individuals described in subsection (c) in the

case of any of the following:

(1) A veteran who is receiving care for a service-connected

disability.

(2) A dependent or survivor receiving care under the last

sentence of section 1783(b) of this title.

(Added P.L. 107–135, § 208(b), Jan. 23, 2002, 115 Stat. 2462.)

§ 1783. Bereavement counseling

(a) DEATHS OF VETERANS.—In the case of an individual who was

a recipient of services under section 1782 of this title at the time

of the death of the veteran, the Secretary may provide bereavement

counseling to that individual in the case of a death—

(1) that was unexpected; or

(2) that occurred while the veteran was participating in a

hospice program (or a similar program) conducted by the Secretary.

(b) DEATHS IN ACTIVE SERVICE.—The Secretary may provide bereavement counseling to an individual who is a member of the immediate family of a member of the Armed Forces who dies in the
193 CH. 17—MEDICAL CARE § 1784

active military, naval, or air service in the line of duty and under

circumstances not due to the person’s own misconduct.

(c) BEREAVEMENT COUNSELING DEFINED.—For purposes of this

section, the term ‘‘bereavement counseling’’ means such counseling

services, for a limited period, as the Secretary determines to be

reasonable and necessary to assist an individual with the emotional and psychological stress accompanying the death of another

individual.

(Added P.L. 107–135, § 208(b), Jan. 23, 2002, 115 Stat. 2463.)

§ 1784. Humanitarian care

The Secretary may furnish hospital care or medical services as

a humanitarian service in emergency cases, but the Secretary shall

charge for such care and services at rates prescribed by the Secretary.

(Added P.L. 107–135, § 208(b), Jan. 23, 2002, 115 Stat. 2463.)
(194)

CHAPTER 18—BENEFITS FOR CHILDREN OF VIETNAM

VETERANS

SUBCHAPTER I—CHILDREN OF VIETNAM VETERANS BORN WITH SPINA

BIFIDA

Sec.

1801. [Repealed.]

1802. Spina bifida conditions covered.

1803. Health care.

1804. Vocational training and rehabilitation.

1805. Monetary allowance.

1806. [Repealed.]

SUBCHAPTER II—CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH

CERTAIN BIRTH DEFECTS

1811. Definitions.

1812. Covered birth defects.

1813. Health care.

1814. Vocational training.

1815. Monetary allowance.

1816. Regulations.

SUBCHAPTER III—GENERAL PROVISIONS

1821. Definitions.

1822. Applicability of certain administrative provisions.

1823. Treatment of receipt of monetary allowance and other benefits.

1824. Nonduplication of benefits.

SUBCHAPTER I—CHILDREN OF VIETNAM VETERANS BORN

WITH SPINA BIFIDA

ø§ 1801. Repealed. P.L. 106–419, § 401(c)(1), 114 Stat. 1860.¿

§ 1802. Spina bifida conditions covered

This subchapter applies with respect to all forms and manifestations of spina bifida except spina bifida occulta.

(Added P.L. 104–204, § 421(b)(1), Sep. 26, 1996, 110 Stat. 2923; amended P.L. 106–

419, § 401(e)(1), Nov. 1, 2000, 114 Stat. 1860.)

§ 1803. Health care

(a) In accordance with regulations which the Secretary shall prescribe, the Secretary shall provide a child of a Vietnam veteran

who is suffering from spina bifida with such health care as the Secretary determines is needed by the child for the spina bifida or any

disability that is associated with such condition.

(b) The Secretary may provide health care under this section directly or by contract or other arrangement with any health care

provider.

(c) For the purposes of this section—

(1) The term ‘‘health care’’—
195 CH. 18—CHILDREN OF VIETNAM VETERANS § 1804

(A) means home care, hospital care, nursing home care,

outpatient care, preventive care, habilitative and rehabilitative care, case management, and respite care; and

(B) includes—

(i) the training of appropriate members of a child’s

family or household in the care of the child; and

(ii) the provision of such pharmaceuticals, supplies,

equipment, devices, appliances, assistive technology,

direct transportation costs to and from approved

sources of health care, and other materials as the Secretary determines necessary.

(2) The term ‘‘health care provider’’ includes specialized

spina bifida clinics, health care plans, insurers, organizations,

institutions, and any other entity or individual furnishing

health care services that the Secretary determines are authorized under this section.

(3) The term ‘‘home care’’ means outpatient care, habilitative

and rehabilitative care, preventive health services, and healthrelated services furnished to an individual in the individual’s

home or other place of residence.

(4) The term ‘‘hospital care’’ means care and treatment for a

disability furnished to an individual who has been

admitted to a hospital as a patient.

(5) The term ‘‘nursing home care’’ means care and treatment

for a disability furnished to an individual who has been admitted to a nursing home as a resident.

(6) The term ‘‘outpatient care’’ means care and treatment of

a disability, and preventive health services, furnished to an individual other than hospital care or nursing home care.

(7) The term ‘‘preventive care’’ means care and treatment

furnished to prevent disability or illness, including periodic examinations, immunizations, patient health education, and such

other services as the Secretary determines necessary to provide

effective and economical preventive health care.

(8) The term ‘‘habilitative and rehabilitative care’’ means

such professional, counseling, and guidance services and treatment programs (other than vocational training under section

1804 of this title) as are necessary to develop, maintain, or restore, to the maximum extent practicable, the functioning of a

disabled person.

(9) The term ‘‘respite care’’ means care furnished on an intermittent basis for a limited period to an individual who resides

primarily in a private residence when such care will help the

individual to continue residing in such private residence.

(Added P.L. 104–204, § 421(b)(1), Sep. 26, 1996, 110 Stat. 2923; amended P.L. 105–

368, § 1005(b)(4), Nov. 11, 1998, 112 Stat. 3365.)

§ 1804. Vocational training and rehabilitation

(a) Pursuant to such regulations as the Secretary may prescribe,

the Secretary may provide vocational training under this section to

a child of a Vietnam veteran who is suffering from spina bifida if

the Secretary determines that the achievement of a vocational goal

by such child is reasonably feasible.
§ 1804 CH. 18—CHILDREN OF VIETNAM VETERANS 196

(b) Any program of vocational training for a child under this section shall—

(1) be designed in consultation with the child in order to

meet the child’s individual needs;

(2) be set forth in an individualized written plan of vocational rehabilitation; and

(3) be designed and developed before the date specified in

subsection (d)(3) so as to permit the beginning of the program

as of the date specified in that subsection.

(c)(1) A vocational training program for a child under this

section—

(A) shall consist of such vocationally oriented services and

assistance, including such placement and post-placement services and personal and work adjustment training, as the

Secretary determines are necessary to enable the child to prepare for and participate in vocational training or employment;

and

(B) may include a program of education at an institution of

higher learning if the Secretary determines that the program

of education is predominantly vocational in content.

(2) A vocational training program under this subsection may not

include the provision of any loan or subsistence allowance or any

automobile adaptive equipment.

(d)(1) Except as provided in paragraph (2) and subject to subsection (e)(2), a vocational training program under this section may

not exceed 24 months.

(2) The Secretary may grant an extension of a vocational training

program for a child under this section for up to 24 additional

months if the Secretary determines that the extension is necessary

in order for the child to achieve a vocational goal identified (before

the end of the first 24 months of such program) in the written plan

of vocational rehabilitation formulated for the child pursuant to

subsection (b).

(3) A vocational training program under this section may begin

on the child’s 18th birthday, or on the successful completion of the

child’s secondary schooling, whichever first occurs, except that, if

the child is above the age of compulsory school attendance under

applicable State law and the Secretary determines that the child’s

best interests will be served thereby, the vocational training program may begin before the child’s 18th birthday.

(e)(1) A child who is pursuing a program of vocational training

under this section and is also eligible for assistance under a program under chapter 35 of this title may not receive assistance

under both such programs concurrently. The child shall elect (in

such form and manner as the Secretary may prescribe) the program under which the child is to receive assistance.

(2) The aggregate period for which a child may receive assistance

under this section and chapter 35 of this title may not exceed 48

months (or the part-time equivalent thereof).

(Added P.L. 104–204, § 421(b)(1), Sep. 26, 1996, 110 Stat. 2924; amended P.L. 105–

114, § 404(c), Nov. 21, 1997, 111 Stat. 2280.)
197 CH. 18—CHILDREN OF VIETNAM VETERANS § 1812

§ 1805. Monetary allowance

(a) The Secretary shall pay a monthly allowance under this chapter to any child of a Vietnam veteran for any disability resulting

from spina bifida suffered by such child.

(b)(1) The amount of the allowance paid to a child under this section shall be based on the degree of disability suffered by the child,

as determined in accordance with such schedule for rating disabilities resulting from spina bifida as the Secretary may prescribe.

(2) The Secretary shall, in prescribing the rating schedule for the

purposes of this section, establish three levels of disability upon

which the amount of the allowance provided by this section shall

be based.

(3) The amounts of the allowance shall be $200 per month for the

lowest level of disability prescribed, $700 per month for the intermediate level of disability prescribed, and $1,200 per month for the

highest level of disability prescribed. Such amounts are subject to

adjustment under section 5312 of this title.

(Added P.L. 104–204, § 421(b)(1), Sep. 26, 1996, 110 Stat. 2925; amended P.L. 106–

419, § 401(c)(2), (e)(2), Nov. 1, 2000, 114 Stat. 1860.)

ø§ 1806. Repealed. P.L. 106–419, § 401(c)(3), 114 Stat. 1860.¿

SUBCHAPTER II—CHILDREN OF WOMEN VIETNAM

VETERANS BORN WITH CERTAIN BIRTH DEFECTS

§ 1811. Definitions

In this subchapter:

(1) The term ‘‘eligible child’’ means an individual who—

(A) is the child (as defined in section 1821(1) of this title)

of a woman Vietnam veteran; and

(B) was born with one or more covered birth defects.

(2) The term ‘‘covered birth defect’’ means a birth defect

identified by the Secretary under section 1812 of this title.

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

§ 1812. Covered birth defects

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

(1) are associated with the service of those veterans in the

Republic of Vietnam during the Vietnam era; and

(2) result in permanent physical or mental disability.

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

(A) A familial disorder.

(B) A birth-related injury.

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

causes.

(2) In any case where affirmative evidence establishes that a covered birth defect of a child of a woman Vietnam veteran results

from a cause other than the active military, naval, or air service

of that veteran in the Republic of Vietnam during the Vietnam era,
§ 1812 CH. 18—CHILDREN OF VIETNAM VETERANS 198

no benefits or assistance may be provided the child under this subchapter.

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

§ 1813. Health care

(a) NEEDED CARE.—The Secretary shall provide an eligible child

such health care as the Secretary determines is needed by the child

for that child’s covered birth defects or any disability that is associated with those birth defects.

(b) AUTHORITY FOR CARE TO BE PROVIDED DIRECTLY OR BY CONTRACT.—The Secretary may provide health care under this section

directly or by contract or other arrangement with a health care

provider.

(c) DEFINITIONS.—For purposes of this section, the definitions in

section 1803(c) of this title shall apply with respect to the provision

of health care under this section, except that for such purposes—

(1) the reference to ‘‘specialized spina bifida clinic’’ in paragraph (2) of that section shall be treated as a reference to a

specialized clinic treating the birth defect concerned under this

section; and

(2) the reference to ‘‘vocational training under section 1804

of this title’’ in paragraph (8) of that section shall be treated

as a reference to vocational training under section 1814 of this

title.

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

§ 1814. Vocational training

(a) AUTHORITY.—The Secretary may provide a program of vocational training to an eligible child if the Secretary determines that

the achievement of a vocational goal by the child is reasonably feasible.

(b) APPLICABLE PROVISIONS.—Subsections (b) through (e) of section 1804 of this title shall apply with respect to any program of

vocational training provided under subsection (a).

(Added P.L. 106–419, § 401(a), Nov. 1, 2000, 114 Stat. 1858.)

§ 1815. Monetary allowance

(a) MONETARY ALLOWANCE.—The Secretary shall pay a monthly

allowance to any eligible child for any disability resulting from the

covered birth defects of that child.

(b) SCHEDULE FOR RATING DISABILITIES.—(1) The amount of the

monthly allowance paid under this section shall be based on the degree of disability suffered by the child concerned, as determined in

accordance with a schedule for rating disabilities resulting from

covered birth defects that is prescribed by the Secretary.

(2) In prescribing a schedule for rating disabilities for the purposes of this section, the Secretary shall establish four levels of disability upon which the amount of the allowance provided by this

section shall be based. The levels of disability established may take

into account functional limitations, including limitations on cognition, communication, motor abilities, activities of daily living, and

employability.
199 CH. 18—CHILDREN OF VIETNAM VETERANS § 1821

(c) AMOUNT OF MONTHLY ALLOWANCE.—The amount of the

monthly allowance paid under this section shall be as follows:

(1) In the case of a child suffering from the lowest level of

disability prescribed in the schedule for rating disabilities

under subsection (b), $100.

(2) In the case of a child suffering from the lower intermediate level of disability prescribed in the schedule for rating

disabilities under subsection (b), the greater of—

(A) $214; or

(B) the monthly amount payable under section

1805(b)(3) of this title for the lowest level of disability prescribed for purposes of that section.

(3) In the case of a child suffering from the higher intermediate level of disability prescribed in the schedule for rating

disabilities under subsection (b), the greater of—

(A) $743; or

(B) the monthly amount payable under section

1805(b)(3) of this title for the intermediate level of disability prescribed for purposes of that section.

(4) In the case of a child suffering from the highest level of

disability prescribed in the schedule for rating disabilities

under subsection (b), the greater of—

(A) $1,272; or

(B) the monthly amount payable under section

1805(b)(3) of this title for the highest level of disability

prescribed for purposes of that section.

(d) INDEXING TO SOCIAL SECURITY BENEFIT INCREASES.—

Amounts under paragraphs (1), (2)(A), (3)(A), and (4)(A) of subsection (c) shall be subject to adjustment from time to time under

section 5312 of this title.

(Added P.L. 106–419, § 401(a), Nov. 1, 2000, 114 Stat. 1858.)

§ 1816. Regulations

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

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

SUBCHAPTER III—GENERAL PROVISIONS

§ 1821. Definitions

In this chapter:

(1) The term ‘‘child’’ means an individual, regardless of age

or marital status, who—

(A) is the natural child of a Vietnam veteran; and

(B) was conceived after the date on which that veteran

first entered the Republic of Vietnam during the Vietnam

era.

(2) The term ‘‘Vietnam veteran’’ means an individual who

performed active military, naval, or air service in the Republic

of Vietnam during the Vietnam era, without regard to the

characterization of that individual’s service.

(3) The term ‘‘Vietnam era’’ with respect to—
§ 1821 CH. 18—CHILDREN OF VIETNAM VETERANS 200

(A) subchapter I of this chapter, means the period beginning on January 9, 1962, and ending on May 7, 1975; and

(B) subchapter II of this chapter, means the period beginning on February 28, 1961, and ending on May 7, 1975.

(Added P.L. 106–419, § 401(b), Nov. 1, 2000, 114 Stat. 1859.)

§ 1822. Applicability of certain administrative provisions

(a) APPLICABILITY OF CERTAIN PROVISIONS RELATING TO COM- PENSATION.—The provisions of this title specified in subsection (b)

apply with respect to benefits and assistance under this chapter in

the same manner as those provisions apply to compensation paid

under chapter 11 of this title.

(b) SPECIFIED PROVISIONS.—The provisions of this title referred

to in subsection (a) are the following:

(1) Section 5101(c).

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

(3) Section 5111.

(4) Subsection (a) and paragraphs (1), (6), (9), and (10) of

subsection (b) of section 5112.

(Added P.L. 106–419, § 401(b), Nov. 1, 2000, 114 Stat. 1859.)

§ 1823. Treatment of receipt of monetary allowance and

other benefits

(a) COORDINATION WITH OTHER BENEFITS PAID TO THE RECIPIENT.—Notwithstanding any other provision of law, receipt by an individual of a monetary allowance under this chapter shall not impair, infringe, or otherwise affect the right of the individual to receive any other benefit to which the individual is otherwise entitled

under any law administered by the Secretary.

(b) COORDINATION WITH BENEFITS BASED ON RELATIONSHIP OF

RECIPIENTS.—Notwithstanding any other provision of law, receipt

by an individual of a monetary allowance under this chapter shall

not impair, infringe, or otherwise affect the right of any other individual to receive any benefit to which such other individual is entitled under any law administered by the Secretary based on the relationship of such other individual to the individual who receives

such monetary allowance.

(c) MONETARY ALLOWANCE NOT TO BE CONSIDERED AS INCOME

OR RESOURCES FOR CERTAIN PURPOSES.—Notwithstanding any

other provision of law, a monetary allowance paid an individual

under this chapter shall not be considered as income or resources

in determining eligibility for, or the amount of benefits under, any

Federal or federally assisted program.

(Added P.L. 106–419, § 401(b), Nov. 1, 2000, 114 Stat. 1860.)

§ 1824. Nonduplication of benefits

(a) MONETARY ALLOWANCE.—In the case of an eligible child

under subchapter II of this chapter whose only covered birth defect

is spina bifida, a monetary allowance shall be paid under subchapter I of this chapter. In the case of an eligible child under subchapter II of this chapter who has spina bifida and one or more additional covered birth defects, a monetary allowance shall be paid

under subchapter II of this chapter.
201 CH. 18—CHILDREN OF VIETNAM VETERANS § 1824

(b) VOCATIONAL REHABILITATION.—An individual may only be

provided one program of vocational training under this chapter.

(Added P.L. 106–419, § 401(b), Nov. 1, 2000, 114 Stat. 1860.)
(202)

CHAPTER 19—INSURANCE

SUBCHAPTER I—NATIONAL SERVICE LIFE INSURANCE

Sec.

1901. Definitions.

1902. Premium rates and policy values.

1903. Amount of insurance.

1904. Plans of insurance.

1905. Renewal.

1906. Policy provisions.

1907. Payment or use of dividends.

1908. Premium payments.

1909. Effective date of insurance.

1910. Incontestability.

1911. Forfeiture.

1912. Total disability waiver.

1913. Death before six months’ total disability.

1914. Statutory total disabilities.

1915. Total disability income provision.

1916. Insurance which matured before August 1, 1946.

1917. Insurance maturing on or after August 1, 1946.

1918. Assignments.

1919. National Service Life Insurance appropriation.

1920. National Service Life Insurance Fund.

1921. Extra hazard costs.

1922. Service disabled veterans’ insurance.

1922A. Supplemental service disabled veterans’ insurance for totally disabled veterans.

1923. Veterans’ Special Life Insurance.

1924. In-service waiver of premiums.

1925. Limited period for acquiring insurance.

1926. Authority for higher interest rates for amounts payable to beneficiaries.

1927. Authority for higher monthly installments payable to certain annuitants.

1928. Authority for payment of interest on settlements.

1929. Authority to adjust premium discount rates.

SUBCHAPTER II—UNITED STATES GOVERNMENT LIFE INSURANCE

1940. Definition.

1941. Amount of insurance.

1942. Plans of insurance.

1943. Premiums.

1944. Policy provisions.

1945. Renewal.

1946. Dividends to pay premiums.

1947. Incontestability.

1948. Total disability provision.

1949. Change of beneficiary.

1950. Payment to estates.

1951. Payment of insurance.

1952. Optional settlement.

1953. Assignments.

1954. Forfeiture.

1955. United States Government Life Insurance Fund.

1956. Military and naval insurance appropriation.

1957. Extra hazard costs.

1958. Statutory total permanent disability.

1959. Waiver of disability for reinstatement.

1960. Waiver of premium payments on due date.

1961. Authority for higher interest rates for amounts payable to beneficiaries.
203 CH. 19—INSURANCE § 1902

1962. Authority for higher monthly installments payable to certain annuitants.

1963. Authority for payment of interest on settlements.

SUBCHAPTER III—SERVICEMEMBERS’ GROUP LIFE INSURANCE

1965. Definitions.

1966. Eligible insurance companies.

1967. Persons insured; amount.

1968. Duration and termination of coverage; conversion.

1969. Deductions; payment; investment; expenses.

1970. Beneficiaries; payment of insurance.

1971. Basic tables of premiums; readjustment of rates.

1972. Benefit certificates.

1973. Forfeiture.

1974. Advisory Council on Servicemembers’ Group Life Insurance.

1975. Jurisdiction of District Courts.

1976. Effective date.

1977. Veterans’ Group Life Insurance.

1978. Reinstatement.

1979. Incontestability.

1980. Option to receive accelerated death benefit.

SUBCHAPTER IV—GENERAL

1981. Replacement of surrendered and expired insurance.

1982. Administrative cost.

1983. Settlements for minors or incompetents.

1984. Suits on insurance.

1985. Decisions by the Secretary.

1986. Deposits in and disbursements from trust funds.

1987. Penalties.

1988. Savings provision.

SUBCHAPTER I—NATIONAL SERVICE LIFE INSURANCE

§ 1901. Definitions

For the purposes of this subchapter—

(1) The term ‘‘insurance’’ means National Service Life Insurance.

(2) The terms ‘‘widow’’ or ‘‘widower’’ mean a person who was the

lawful spouse of the insured at the maturity of the insurance.

(3) The term ‘‘child’’ means a legitimate child, an adopted child,

and, if designated as beneficiary by the insured, a stepchild or an

illegitimate child.

(4) The terms ‘‘parent’’, ‘‘father’’, and ‘‘mother’’ mean a father,

mother, father through adoption, mother through adoption, persons

who have stood in loco parentis to a member of the military or

naval forces at any time before entry into active service for a period

of not less than one year, and a stepparent, if designated as beneficiary by the insured.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1148, § 701; renumbered § 1901, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 1902. Premium rates and policy values

Premium rates for insurance shall be the net rates based upon

the American Experience Table of Mortality and interest at the

rate of 3 per centum per annum. All cash, loan, paid-up, and extended values, and all other calculations in connection with insurance, shall be based upon said American Experience Table of Mortality and interest at the rate of 3 per centum per annum.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1148, § 702; renumbered § 1902, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)
§ 1903 CH. 19—INSURANCE 204

§ 1903. Amount of insurance

Insurance shall be issued in any multiple of $500 and the

amount of insurance with respect to any one person shall be not

less than $1,000 or more than $10,000. No person may carry a combined amount of National Service Life Insurance and United States

Government life insurance in excess of $10,000 at any one time.

The limitations of this section shall not apply to the additional paid

up insurance the purchase of which is authorized under section

1907 of this title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1148, § 703; P.L. 92–188, § 1, Dec. 15, 1971,

85 Stat. 645; renumbered § 1903 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406.)

§ 1904. Plans of insurance

(a) Insurance may be issued on the following plans: Five-year

level premium term, ordinary life, twenty-payment life, thirty-payment life, twenty-year endowment, endowment at age sixty, and

endowment at age sixty-five. Level premium term insurance may

be converted as of the date when any premium becomes or has become due, or exchanged as of the date of the original policy, upon

payment of the difference in reserve, at any time while such insurance is in force and within the term period to any of the foregoing

permanent plans of insurance, except that conversion to an endowment plan may not be made while the insured is totally disabled.

(b) Under such regulations as the Secretary may promulgate a

policy of participating insurance may be converted to or exchanged

for insurance issued under this subsection on a modified life plan.

Insurance issued under this subsection shall be on the same terms

and conditions as the insurance which it replaces, except (1) the

premium rates for such insurance shall be based on the 1958 Commissioners Standard Ordinary Basic Table of Mortality and interest at the rate of 3 per centum per annum; (2) all cash, loan, paidup, and extended values shall be based on the 1958 Commissioners

Standard Ordinary Basic Table of Mortality and interest at the

rate of 3 per centum per annum; and (3) at the end of the day preceding the sixty-fifth birthday of the insured the face value of the

modified life insurance policy or the amount of extended term insurance thereunder shall be automatically reduced by one-half

thereof, without any reduction in premium.

(c) Under such regulations as the Secretary may promulgate, a

policy of nonparticipating insurance may be converted to or exchanged for insurance issued under this subsection on a modified

life plan. Insurance issued under this subsection shall be on the

same terms and conditions as the insurance which it replaces, except that (1) term insurance issued under section 621 of the National Service Life Insurance Act of 1940 shall be deemed for the

purposes of this subsection to have been issued under section

1923(b) of this title; and (2) at the end of the day preceding the

sixty-fifth birthday of the insured the face value of the modified life

insurance policy or the amount of extended term insurance thereunder shall be automatically reduced by one-half thereof, without

any reduction in premium. Any person eligible for insurance under

section 1922(a), or section 1925 of this title may be granted a modi-
205 CH. 19—INSURANCE § 1904

fied life insurance policy under this subsection which, subject to exception (2) above, shall be issued on the same terms and conditions

specified in section 1922(a) or section 1925, whichever is applicable.

(d) Any insured whose modified life insurance policy is in force

by payment or waiver of premiums on the day before the insured’s

sixty-fifth birthday may upon written application and payment of

premiums made before such birthday be granted National Service

Life Insurance, on an ordinary life plan, without physical examination, in an amount of not less than $500, in multiples of $250, but

not in excess of one-half of the face amount of the modified life insurance policy in force on the day before the insured’s sixty-fifth

birthday. Insurance issued under this subsection shall be effective

on the sixty-fifth birthday of the insured. The premium rate, cash,

loan, paid-up, and extended values on the ordinary life insurance

issued under this subsection shall be based on the same mortality

tables and interest rates as the insurance issued under the modified life policy. Settlements on policies involving annuities on insurance issued under this subsection shall be based on the same mortality or annuity tables and interest rates as such settlements on

the modified life policy. If the insured is totally disabled on the day

before the insured’s sixty-fifth birthday and premiums on the insured’s modified life insurance policy are being waived under section 1912 of this title or the insured is entitled on that date to

waiver under such section the insured shall be automatically granted the maximum amount of insurance authorized under this subsection and premiums on such insurance shall be waived during

the continuous total disability of the insured.

(e) After June 30, 1972, and under such regulations as the Secretary may promulgate, insurance may be converted to or exchanged for insurance on a modified life plan under the same

terms and conditions as are set forth in subsections (b) and (c) of

this section except that at the end of the day preceding the seventieth birthday of the insured the face value of the modified life insurance policy or the amount of extended insurance thereunder

shall be automatically reduced by one-half thereof, without any reduction in premium. Any insured whose modified life insurance

policy issued under this subsection is in force by payment or waiver

of premiums on the day before the insured’s seventieth birthday

may be granted insurance on the ordinary life plan upon the same

terms and conditions as are set forth in subsection (d) of this section except that in applying such provisions the seventieth birthday

is to be substituted for the sixty-fifth birthday. Notwithstanding

any other provision of law or regulations the Secretary under such

terms and conditions as the Secretary determines to be reasonable

and practicable and upon written application and payment of the

required premiums, reserves, or other necessary amounts made

within one year from the effective date of this subsection by an insured having in force a modified life plan issued under subsection

(b) or (c) of this section, including any replacement insurance

issued under subsection (d) of this section or other provision of this

title, can exchange such insurance without proof of good health for

an amount of insurance issued under this subsection equal to the

insurance then in force or which was in force on the day before

such insured’s sixty-fifth birthday, whichever is the greater.
§ 1904 CH. 19—INSURANCE 206

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1148, § 704; P.L. 88–664, § 12(b), Oct. 13, 1964,

78 Stat. 1098; P.L. 92–193, Dec. 15, 1971, 85 Stat. 648; P.L. 97–295, § 4(21), Oct.

12, 1982, 96 Stat. 1306; P.L. 99–576, § 701(21), Oct. 28, 1986, 100 Stat. 3292; renumbered § 1904 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 404–406.)

§ 1905. Renewal

All level premium term policies, except as otherwise provided in

this section, shall cease and terminate at the expiration of the term

period. At the expiration of any term period any five-year level premium term policy which has not been exchanged or converted to

a permanent plan of insurance and which is not lapsed shall be renewed as level premium term insurance without application for a

successive five-year period at the premium rate for the attained

age without medical examination. However, renewal will be effected in cases where the policy is lapsed only if the insured makes

application for reinstatement and renewal of the term policy within

five years after the date of lapse, and reinstatement in such cases

shall be under the terms and conditions prescribed by the Secretary. In any case in which the insured is shown by evidence satisfactory to the Secretary to be totally disabled at the expiration of

the level premium term period of this insurance under conditions

which would entitle the insured to continued insurance protection

but for such expiration, the insurance, if subject to renewal under

this section, shall be automatically renewed for an additional period of five years at the premium rate for the then attained age,

unless the insured has elected insurance on some other available

plan.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1148, § 705; P.L. 91–291, § 8, June 25, 1970,

84 Stat. 331; P.L. 99–576, § 701(22), Oct. 28, 1986, 100 Stat. 3292; renumbered

§ 1905 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–

406.)

§ 1906. Policy provisions

Provisions for cash, loan, paid-up, and extended values, dividends from gains and savings, refund of unearned premiums, and

such other provisions as may be found to be reasonable and practicable may be provided for in the policy of insurance from time to

time by regulations promulgated by the Secretary.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1149, § 706; renumbered § 1906 and amended

P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1907. Payment or use of dividends

(a) Until and unless the Secretary has received from the insured

a request or directive in writing exercising any other dividend option allowable under the insured’s policy, any dividend accumulations and unpaid dividends shall be applied in payment of premiums becoming due on insurance subsequent to the date the dividend is payable after January 1, 1952.

(b) No claim by an insured for payment in cash of a special dividend declared prior to January 1, 1952, shall be processed by the

Secretary unless such claim was received within six years after

such dividend was declared. Whenever any claim for payment of a

special dividend, the processing of which is barred by this subsection, is received by the Secretary, it shall be returned to the
207 CH. 19—INSURANCE § 1908

claimant, with a copy of this subsection, and such action shall be

a complete response without further communication.

(c) The Secretary, upon application in writing made by the insured for insurance under this subsection, and without proof of

good health, is authorized to apply any dividend due and payable

on national service life insurance after the date of such application

to purchase paid up insurance. Also, the Secretary, upon application in writing made by the insured during the one-year period beginning September 1, 1991, and without proof of good health, is authorized to apply any national service life insurance dividend credits and deposits of such insured existing at the date of the insured’s

application to purchase paid up insurance. After September 1,

1992, the Secretary may, from time to time, provide for further

one-year periods during which insureds may purchase additional

paid up insurance from existing dividend credits and deposits. Any

such period for the purchase of additional paid up insurance may

be allowed only if the Secretary determines in the case of any such

period that it would be actuarially and administratively sound to

do so. Any dividends, dividend credits, or deposits on endowment

policies may be used under this subsection only to purchase additional paid up endowment insurance which matures concurrently

with the basic policy. Any dividends, dividend credits, or deposits

on policies (other than endowment policies) may be used under this

section only to purchase additional paid up whole life insurance.

The paid up insurance granted under this subsection shall be in

addition to any insurance otherwise authorized under this title, or

under prior provisions of law. The paid up insurance granted under

this subsection shall be issued on the same terms and conditions

as are contained in the standard policies of national service life insurance except (1) the premium rates for such insurance and all

cash and loan values thereon shall be based on such table of mortality and rate of interest per annum as may be prescribed by the

Secretary; (2) the total disability income provision authorized

under section 1915 of this title may not be added to insurance

issued under this section; and (3) the insurance shall include such

other changes in terms and conditions as the Secretary determines

to be reasonable and practicable.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1149, § 707; P.L. 91–291, § 9, June 25, 1970,

84 Stat. 331; P.L. 92–188, § 2, Dec. 15, 1971, 85 Stat. 645; P.L. 97–295, § 4(22), Oct.

12, 1982, 96 Stat. 1306; P.L. 99–576, § 701(23), Oct. 28, 1986, 100 Stat. 3292; renumbered § 1907 and amended P.L. 102–83, §§ 4(a)(2)(A)(iii)(I), (C)(i), (b)(1), (2)(E),

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403–406; P.L. 102–86, § 203, Aug. 14, 1991, 105

Stat. 416.)

§ 1908. Premium payments

The Secretary shall, by regulations, prescribe the time and method of payment of the premiums on insurance, but payments of premiums in advance shall not be required for periods of more than

one month each, and may at the election of the insured be deducted

from the insured’s active-service pay or be otherwise made. An

amount equal to the first premium due under a National Service

Life Insurance policy may be advanced from current appropriations

for active-service pay to any person in the active service in the

Army, Navy, Air Force, Marine Corps, or Coast Guard, which

amount shall constitute a lien upon any service or other pay accru-
§ 1908 CH. 19—INSURANCE 208

ing to the person for whom such advance was made and shall be

collected therefrom if not otherwise paid. No disbursing or certifying officer shall be responsible for any loss incurred by reason of

such advance. Any amount so advanced in excess of available service or other pay shall constitute a lien on the policy within the provisions of section 5301(b) of this title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1149, § 708; P.L. 99–576, § 701(24), Oct. 28,

1986, 100 Stat. 3292; P.L. 102–40, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1908 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105

Stat. 404–406.)

§ 1909. Effective date of insurance

Insurance may be made effective, as specified in the application,

not later than the first day of the calendar month following the

date of application therefor, but the United States shall not be liable thereunder for death occurring before such effective date.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1149, § 709; renumbered § 1909, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 1910. Incontestability

Subject to the provisions of section 1911 of this title all contracts

or policies of insurance heretofore or hereafter issued, reinstated,

or converted shall be incontestable from the date of issue, reinstatement, or conversion except for fraud, nonpayment of premium,

or on the ground that the applicant was not a member of the military or naval forces of the United States. However, in any case in

which a contract or policy of insurance is canceled or voided after

March 16, 1954, because of fraud, the Secretary shall refund to the

insured, if living, or, if deceased, to the person designated as beneficiary (or if none survives, to the estate of the insured) all money,

without interest, paid as premiums on such contract or policy for

any period subsequent to two years after the date such fraud induced the Secretary to issue, reinstate, or convert such insurance

less any dividends, loan, or other payment made to the insured

under such contract or policy.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1149, § 710; renumbered § 1910 and amended

P.L. 102–83, §§ 4(a)(2)(A)(iii)(II), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

403–406.)

§ 1911. Forfeiture

Any person guilty of mutiny, treason, spying, or desertion, or

who, because of conscientious objections, refuses to perform service

in the Armed Forces of the United States or refuses to wear the

uniform of such force, shall forfeit all rights to National Service

Life Insurance. No insurance shall be payable for death inflicted as

a lawful punishment for crime or for military or naval offense, except when inflicted by an enemy of the United States; but the cash

surrender value, if any, of such insurance on the date of such death

shall be paid to the designated beneficiary, if living, or otherwise

to the beneficiary or beneficiaries within the permitted class in accordance with the order specified in section 1916(b) of this title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1150, § 711; renumbered § 1911 and amended

P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
209 CH. 19—INSURANCE § 1912

§ 1912. Total disability waiver

(a) Upon application by the insured and under such regulations

as the Secretary may promulgate, payment of premiums on insurance may be waived during the continuous total disability of the

insured, which continues or has continued for six or more consecutive months, if such disability began (1) after the date of the insured’s application for insurance, (2) while the insurance was in

force under premium-paying conditions, and (3) before the insured’s

sixty-fifth birthday. Notwithstanding any other provision of this

chapter, in any case in which the total disability of the insured

commenced on or after the insured’s sixtieth birthday but before

the insured’s sixty-fifth birthday, the Secretary shall not grant

waiver of any premium becoming due prior to January 1, 1965.

(b) The Secretary, upon any application made after August 1,

1947, shall not grant waiver of any premium becoming due more

than one year before the receipt by the Secretary of application for

the same, except as provided in this section. 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 benefits under this section, and may

deny benefits for failure to cooperate. If it is found that an insured

is no longer totally disabled, the waiver of premiums shall cease as

of the date of such finding and the policy of insurance may be continued by payment of premiums as provided in said policy. In any

case in which the Secretary finds that the insured’s failure to make

timely application for waiver of premiums or the insured’s failure

to submit satisfactory evidence of the existence or continuance of

total disability was due to circumstances beyond the insured’s control, the Secretary may grant waiver or continuance of waiver of

premiums.

(c) If the insured dies without filing application 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 application for waiver with evidence of the insured’s right to waiver under this section. Premium

rates shall be calculated without charge for the cost of waiver of

premiums provided in this section and no deduction from benefits

otherwise payable shall be made on account thereof.

(d) In any case in which an insured has been denied or would

have been denied premium waiver under section 602(n) of the National Service Life Insurance Act of 1940 or this section solely because the insured became totally disabled between the date of valid

application for insurance and the subsequent effective date thereof,

and in which it is shown that (1) the total disability was incurred

in line of duty between October 8, 1940, and July 31, 1946, inclusive, or June 27, 1950, and April 30, 1951, inclusive, and (2) the

insured remained continuously so totally disabled to the date of

death or June 8, 1960, whichever is earlier, the Secretary may

grant waiver of premiums from the beginning of and during the

continuous total disability of such insured. Application for waiver

of premiums under this subsection must be filed by the insured or,

in the event of the insured’s death, by the beneficiary within two

years after the date of enactment of this subsection, except that if
§ 1912 CH. 19—INSURANCE 210

the insured or the beneficiary be insane or a minor within the twoyear period, application for such waiver may be filed within two

years after removal of such legal disability, or if an insane insured

shall die before the removal of the disability, application may be

filed by the beneficiary within two years after the insured’s death.

No insurance shall be placed in force under this subsection in any

case in which there was an award of benefits under the Servicemen’s Indemnity Act of 1951 or of gratuitous insurance under section 1922(b) of this title. The amount of insurance placed in force

hereunder together with any other United States Government life

insurance or national service life insurance in force at the time of

death, or at the time of the insured’s application for waiver hereunder, may not exceed $10,000 and shall be reduced by the amount

of any gratuitous insurance awarded under the National Service

Life Insurance Act of 1940. Waiver of premiums under this subsection shall render the insurance nonparticipating during the period such premium waiver is in effect. The cost of waiver of premium and death benefits paid as a result of this subsection shall

be borne by the United States.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1150, § 712; P.L. 86–497, June 8, 1960, 74 Stat.

164; P.L. 88–364, July 7, 1964, 78 Stat. 302; P.L. 97–295, § 4(23), Oct. 12, 1982, 96

Stat. 1306; P.L. 99–576, § 701(25), Oct. 28, 1986, 100 Stat. 3292; renumbered § 1912

and amended P.L. 102–83, §§ 4(a)(2)(C)(ii), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 404–406.)

§ 1913. Death before six months’ total disability

Whenever premiums are not waived under section 1912 of this

title solely because the insured died prior to the continuance of

total disability for six months, and proof of such facts, satisfactory

to the Secretary, is filed by the beneficiary with the Department

within one year after the insured’s death, the insurance shall be

deemed to be in force at the date of the death, and the unpaid premiums shall become a lien against the proceeds of the insurance.

If the beneficiary is insane or a minor, proof of such facts may be

filed within one year after removal of such legal disability.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1150, § 713; P.L. 99–576, § 701(26), Oct. 28,

1986, 100 Stat. 3292; renumbered § 1913 and amended P.L. 102–83, §§ 4(a)(3), (4),

(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1914. Statutory total disabilities

Without prejudice to any other cause of disability, the permanent

loss of the use of both feet, of both hands, or of both eyes, or of

one foot and one hand, or of one foot and one eye, or of one hand

and one eye, or the total loss of hearing of both ears, or the organic

loss of speech, shall be deemed total disability for insurance purposes.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1151, § 714; renumbered § 1914, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 1915. Total disability income provision

The Secretary shall, except as hereinafter provided, upon application by the insured and proof of good health satisfactory to the

Secretary and payment of such extra premium as the Secretary

shall prescribe, include in any National Service Life Insurance pol-
211 CH. 19—INSURANCE § 1916

icy on the life of the insured (except a policy issued under section

620 of the National Service Life Insurance Act of 1940, or section

1922 of this title) provisions whereby an insured who is shown to

have become totally disabled for a period of six consecutive months

or more commencing after the date of such application and before

attaining the age of sixty-five and while the payment of any premium is not in default, shall be paid monthly disability benefits

from the first day of the seventh consecutive month of and during

the continuance of such total disability of $10 for each $1,000 of

such insurance in effect when such benefits become payable. The

total disability provision authorized under this section shall not be

issued unless application therefor is made either prior to the insured’s fifty-fifth birthday, or before the insured’s sixtieth birthday

and prior to January 1, 1966. The total disability provision authorized under this section shall not be added to a policy containing the

total disability coverage heretofore issued under section 602(v) of

the National Service Life Insurance Act of 1940, or the provisions

of this section as in effect before January 1, 1965, except upon surrender of such total disability coverage, proof of good health, if required, satisfactory to the Secretary, and payment of such extra

premium as the Secretary shall determine is required in such

cases. Participating policies containing additional provisions for the

payment of disability benefits may be separately classified for the

purpose of dividend distribution from otherwise similar policies not

containing such benefits.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1151, § 715; P.L. 88–355, July 7, 1964, 78 Stat.

272; renumbered § 1915 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug.

6, 1991, 105 Stat. 404–406.)

§ 1916. Insurance which matured before August 1, 1946

(a) Insurance which matured before August 1, 1946, is payable

in the following manner:

(1) If the beneficiary to whom payment is first made was

under thirty years of age at the time of maturity, in two hundred and forty equal monthly installments.

(2) If the beneficiary to whom payment is first made was

thirty or more years of age at the time of maturity, in equal

monthly installments for one hundred and twenty months certain, with such payments continuing during the remaining lifetime of such beneficiary.

(3) If elected by the insured or a beneficiary entitled to make

such an election under prior provisions of law, as a refund life

income in monthly installments payable for such period certain

as may be required in order that the sum of the installments

certain, including a last installment of such reduced amount as

may be necessary, shall equal the face value of the contract,

less any indebtedness, with such payments continuing

throughout the lifetime of the first beneficiary. A refund life income optional settlement is not available in any case in which

such settlement would result in payments of installments over

a shorter period than one hundred and twenty months. If the

mode of payment is changed to a refund life income in accordance with prior provisions of law, after payment has commenced, payment of monthly installments will be adjusted as
§ 1916 CH. 19—INSURANCE 212

of the date of maturity of such policy with credit being allowed

for payments previously made on the insurance.

(b) Such insurance shall be payable only to a widow, widower,

child, parent, brother or sister of the insured. Any installments certain of such insurance remaining unpaid at the death of any beneficiary shall be paid in equal monthly installments in an amount

equal to the monthly installments paid to the first beneficiary, to

the person or persons then in being within the following classes,

and in the order named, unless designated by the insured in a different order:

(1) To the widow or widower of the insured, if living.

(2) If no widow or widower, to the child or children of the insured, if living, in equal shares.

(3) If no widow, widower, or child, to the parent or parents

of the insured who last bore that relationship, if living, in

equal shares.

(4) If no widow, widower, child, or parent, to the brothers

and sisters of the insured, if living, in equal shares.

(c) The provisions of this section shall not be construed to enlarge

the classes of beneficiaries heretofore authorized under section

602(d) of the National Service Life Insurance Act of 1940, for payment of gratuitous insurance.

(d) If no beneficiary of insurance which matured before August

1, 1946, was designated by the insured or if the designated beneficiary did not survive the insured, the beneficiary shall be determined in accordance with the order specified in subsection (b) and

the insurance shall be payable in equal monthly installments in accordance with subsection (a). The right of any beneficiary to payment of any installments of such insurance shall be conditioned

upon his or her being alive to receive such payments. No person

shall have a vested right to any installment or installments of any

such insurance and any installments not paid to a beneficiary during such beneficiary’s lifetime shall be paid to the beneficiary or

beneficiaries within the permitted class next entitled to priority, as

provided in subsection (b).

(e) No installments of insurance which matured before August 1,

1946, shall be paid to the heirs or legal representatives as such of

the insured or of any beneficiary, and if no person within the permitted class survives to receive the insurance or any part thereof

no payment of the unpaid installments shall be made, except that

if the reserve of a contract of converted National Service Life Insurance, together with dividends accumulated thereon, less any indebtedness under such contract, exceeds the aggregate amount

paid to beneficiaries, the excess shall be paid to the estate of the

insured unless the estate of the insured would escheat under the

laws of the insured’s place of residence, in which event no payment

shall be made. When the amount of an individual monthly payment

of such insurance is less than $5, such amount may, in the discretion of the Secretary, be allowed to accumulate without interest

and be disbursed annually.

(f) Any payments of insurance made to a person, represented by

the insured to be within the permitted class of beneficiaries, shall

be deemed to have been properly made and to satisfy fully the obli-
213 CH. 19—INSURANCE § 1917

gation of the United States under such insurance policy to the extent of such payments.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1151, § 716; P.L. 99–576, § 701(27), Oct. 28,

1986, 100 Stat. 3292; renumbered § 1916 and amended P.L. 102–83, §§ 4(b)(1),

(2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; P.L. 102–86, § 506(a)(2), Aug. 14, 1991,

105 Stat. 426.)

§ 1917. Insurance maturing on or after August 1, 1946

(a) The insured shall have the right to designate the beneficiary

or beneficiaries of insurance maturing on or after August 1, 1946,

and shall, subject to regulations, at all times have the right to

change the beneficiary or beneficiaries of such insurance without

the consent of such beneficiary or beneficiaries.

(b) Insurance maturing on or after August 1, 1946, shall be payable in accordance with the following optional modes of settlement:

(1) In one sum.

(2) In equal monthly installments of from thirty-six to two

hundred and forty in number, in multiples of twelve.

(3) In equal monthly installments for one hundred and twenty months certain with such payments continuing during the

remaining lifetime of the first beneficiary.

(4) As a refund life income in monthly installments payable

for such period certain as may be required in order that the

sum of the installments certain, including a last installment of

such reduced amount as may be necessary, shall equal the face

value of the contract, less any indebtedness, with such payments continuing throughout the lifetime of the first beneficiary; however, such optional settlement shall not be available in any case in which such settlement would result in payments of installments over a shorter period than one hundred

and twenty months.

(c) Except as provided in the second and third sentences of this

subsection, unless the insured elects some other mode of settlement, such insurance shall be payable to the designated beneficiary

or beneficiaries in thirty-six equal monthly installments. The first

beneficiary may elect to receive payment under any option which

provides for payment over a longer period of time than the option

elected by the insured, or if no option has been elected by the insured, in excess of thirty-six months. In the case of insurance maturing after September 30, 1981, and for which no option has been

elected by the insured, the first beneficiary may elect to receive

payment in one sum. If the option selected requires payment to any

one beneficiary of monthly installments of less than $10, the

amount payable to such beneficiary shall be paid in such maximum

number of monthly installments as are a multiple of twelve as will

provide a monthly installment of not less than $10. If the present

value of the amount payable at the time any person initially becomes entitled to payment thereof is not sufficient to pay at least

twelve monthly installments of not less than $10 each, such

amount shall be payable in one sum. Options (3) and (4) shall not

be available if any firm, corporation, legal entity (including the estate of the insured), or trustee is beneficiary.

(d) If the beneficiary of such insurance is entitled to a lump-sum

settlement but elects some other mode of settlement and dies be-
§ 1917 CH. 19—INSURANCE 214

fore receiving all the benefits due and payable under such mode of

settlement, the present value of the remaining unpaid amount

shall be payable to the estate of the beneficiary. If no beneficiary

is designated by the insured, or if the designated beneficiary does

not survive the insured, or if a designated beneficiary not entitled

to a lump-sum settlement survives the insured, and dies before receiving all the benefits due and payable, then the commuted value

of the remaining unpaid insurance (whether accrued or not) shall

be paid in one sum to the estate of the insured. In no event shall

there be any payment to the estate of the insured or of the beneficiary of any sums unless it is shown that any sums paid will not

escheat.

(e) Under such regulations as the Secretary may promulgate, the

cash surrender value of any policy of insurance or the proceeds of

an endowment contract which matures by reason of completion of

the endowment period may be paid to the insured under option (2)

or (4) of this section. All settlements under option (4), however,

shall be calculated on the basis of The Annuity Table for 1949. If

the option selected requires payment of monthly installments of

less than $10, the amount payable shall be paid in such maximum

number of monthly installments as are a multiple of twelve as will

provide a monthly installment of not less than $10.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1152, § 717; P.L. 91–291, § 10, June 25, 1970,

84 Stat. 331; P.L. 97–66, § 403(a), Oct. 17, 1981, 95 Stat. 1031; renumbered § 1917

and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1918. Assignments

(a) Assignments of all or any part of the beneficiary’s interest

may be made by a designated beneficiary to a widow, widower,

child, father, mother, grandfather, grandmother, brother, or sister

of the insured, when the designated contingent beneficiary, if any,

joins the beneficiary in the assignment, and if the assignment is

delivered to the Secretary before any payments of the insurance

shall have been made to the beneficiary. However, an interest in

an annuity, when assigned, shall be payable in equal monthly installments in such multiple of twelve as most nearly equals the

number of installments certain under such annuity, or in two hundred and forty installments, whichever is the lesser. The provisions

of this subsection shall not be applicable to insurance maturing

after July 26, 1962.

(b) Except as to insurance granted under the provisions of section

1922(b) of this title, any person to whom insurance maturing after

July 26, 1962, is payable may assign all or any portion of such person’s interest in such insurance to a widow, widower, child, father,

mother, grandfather, grandmother, brother, or sister of the insured

when the designated contingent beneficiary, if any, joins the beneficiary in the assignment. Such joinder shall not be required in any

case in which the insurance proceeds are payable in a lump sum.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1153, § 718; P.L. 87–557, § 1, July 27, 1962,

76 Stat. 245; P.L. 96–128, § 304, Nov. 28, 1979, 93 Stat. 986; P.L. 97–295, § 4(24),

Oct. 12, 1982, 96 Stat. 1306; renumbered § 1918 and amended P.L. 102–83,

§§ 4(a)(2)(A)(iii)(III), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403, 406.)
215 CH. 19—INSURANCE § 1921

§ 1919. National Service Life Insurance appropriation

(a) The National Service Life Insurance appropriation is continued and there is authorized to be appropriated, out of any money

in the Treasury not otherwise appropriated, such sums as may be

necessary to carry out the provisions of this chapter and the provisions heretofore prescribed in the National Service Life Insurance

Act of 1940, or related Acts, for the payment of liabilities under

National Service Life Insurance. Payment from this appropriation

shall be made upon and in accordance with awards by the Secretary.

(b) All premiums heretofore and hereafter paid on insurance

issued or reinstated under section 602(v)(1) of the National Service

Life Insurance Act of 1940 where the requirement of good health

was waived under such section because of a service-incurred injury

or disability shall be credited directly to the National Service Life

Insurance appropriation and any payments of benefits heretofore

and hereafter made on such insurance shall be made directly from

such appropriation.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1154, § 719; P.L. 98–160, § 702(5), Nov. 21,

1983, 97 Stat. 1009; renumbered § 1919 and amended P.L. 102–83, §§ 4(b)(1), (2)(E),

5(a), Aug. 6, 1991, 105 Stat. 404–406; P.L. 105–368, Nov. 11, 1998, § 304(a), 112

Stat. 3334.)

§ 1920. National Service Life Insurance Fund

(a) The National Service Life Insurance Fund heretofore created

in the Treasury is continued as a permanent trust fund. Except as

otherwise provided in this chapter, all premiums paid on account

of National Service Life Insurance shall be deposited and covered

into the Treasury to the credit of such fund, which, together with

interest earned thereon, shall be available for the payment of liabilities under such insurance, including payment of dividends and

refunds of unearned premiums. Payments from this fund shall be

made upon and in accordance with awards by the Secretary.

(b) The Secretary is authorized to set aside out of such fund such

reserve amounts as may be required under accepted actuarial principles to meet all liabilities under such insurance; and the Secretary of the Treasury is authorized to invest and reinvest such

fund, or any part thereof, in interest-bearing obligations of the

United States or in obligations guaranteed as to principal and interest by the United States, and to sell such obligations for the purposes of such fund.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1154, § 720; renumbered § 1920 and amended

P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1921. Extra hazard costs

(a) The United States shall bear the excess mortality cost and

the cost of waiver of premiums on account of total disability traceable to the extra hazard of military or naval service, as such hazard may be determined by the Secretary.

(b) Whenever benefits under insurance become payable because

of the death of the insured as the result of disease or injury traceable to the extra hazard of military or naval service, as such hazard may be determined by the Secretary, the liability for payment
§ 1921 CH. 19—INSURANCE 216

of such benefits shall be borne by the United States in an amount

which, when added to the reserve of the policy at the time of death

of the insured will equal the then value of such benefits under such

policy. Where life contingencies are involved in the calculation of

the value of such benefits of insurance heretofore or hereafter matured, the calculation of such liability or liabilities shall be based

upon such mortality table or tables as the Secretary may prescribe

with interest at the rate of 3 per centum per annum. The Secretary

shall transfer from time to time from the National Service Life Insurance appropriation to the National Service Life Insurance Fund

such sums as may be necessary to carry out the provisions of this

section.

(c) Whenever the premiums under insurance are waived because

of the total disability of the insured as the result of disease or injury traceable to the extra hazard of military or naval service, as

such hazard may be determined by the Secretary, the premiums so

waived shall be paid by the United States and the Secretary shall

transfer from time to time an amount equal to the amount of such

premiums from the National Service Life Insurance appropriation

to the National Service Life Insurance Fund.

(d) Whenever benefits under the total disability income provision

become, or have become, payable because of total disability of the

insured as a result of disease or injury traceable to the extra hazard of the military or naval service, as such hazard may be determined by the Secretary, the liability shall be borne by the United

States, and the Secretary shall transfer from the National Service

Life Insurance appropriation to the National Service Life Insurance

Fund from time to time any amounts which become, or have become, payable to the insured on account of such total disability,

and to transfer from the National Service Life Insurance Fund to

the National Service Life Insurance appropriation the amount of

the reserve held on account of the total disability benefit. When a

person receiving such payments on account of total disability recovers from such disability, and is then entitled to continue protection

under the total disability income provision, the Secretary shall

transfer to the National Service Life Insurance Fund a sum sufficient to set up the then required reserve on such total disability

benefit.

(e) Any disability for which a waiver was required as a condition

to tendering a person a commission under Public Law 816, Seventy-seventh Congress, shall be deemed to be a disability resulting

from an injury or disease traceable to the extra hazard of military

or naval service for the purpose of applying this section.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1154, § 721; renumbered § 1921 and amended

P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1922. Service disabled veterans’ insurance

(a) Any person who is released from active military, naval, or air

service, under other than dishonorable conditions on or after April

25, 1951, and is found by the Secretary to be suffering from a disability or disabilities for which compensation would be payable if

10 per centum or more in degree and except for which such person

would be insurable according to the standards of good health established by the Secretary, shall, upon application in writing made
217 CH. 19—INSURANCE § 1922

within two years from the date service-connection of such disability

is determined by the Secretary and payment of premiums as provided in this subchapter, be granted insurance by the United

States against the death of such person occurring while such insurance is in force. If such a person is shown by evidence satisfactory

to the Secretary to have been mentally incompetent during any

part of the two-year period, application for insurance under this

section may be filed within two years after a guardian is appointed

or within two years after the removal of such disability as determined by the Secretary, whichever is the earlier date. If the guardian was appointed or the removal of the disability occurred before

January 1, 1959, application for insurance under this section may

be made within two years after that date. Insurance granted under

this section shall be issued upon the same terms and conditions as

are contained in the standard policies of National Service Life Insurance except (1) the premium rates for such insurance shall be

based on the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 21⁄4 per centum per annum; (2) all

cash, loan, paid-up, and extended values shall be based upon the

Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 21⁄4 per centum per annum; (3) all settlements

on policies involving annuities shall be calculated on the basis of

The Annuity Table for 1949, and interest at the rate of 21⁄4 per centum per annum; (4) insurance granted under this section shall be

on a nonparticipating basis and all premiums and other collections

therefor shall be credited directly to a revolving fund in the Treasury of the United States, and any payments on such insurance

shall be made directly from such fund. Appropriations to such fund

are hereby authorized. As to insurance issued under this section,

waiver of premiums pursuant to section 602(n) of the National

Service Life Insurance Act of 1940 and section 1912 of this title

shall not be denied on the ground that the service-connected disability became total before the effective date of such insurance.

(b)(1) Any person who, on or after April 25, 1951, was otherwise

qualified for insurance under the provisions of section 620 of the

National Service Life Insurance Act of 1940, or under subsection

(a) of this section, but who did not apply for such insurance and

who is shown by evidence satisfactory to the Secretary (A) to have

been mentally incompetent from a service-connected disability, (i)

at the time of release from active service, or (ii) during any part

of the two-year period from the date the service connection of a disability is first determined by the Secretary, or (iii) after release

from active service but is not rated service-connected disabled by

the Secretary until after death; and (B) to have remained continuously so mentally incompetent until date of death; and (C) to have

died before the appointment of a guardian, or within two years

after the appointment of a guardian; shall be deemed to have applied for and to have been granted such insurance, as of the date

of death, in an amount which, together with any other United

States Government or National Service life insurance in force, shall

aggregate $10,000. The date to be used for determining whether

such person was insurable according to the standards of good

health established by the Secretary, except for the service-connected disability, shall be the date of release from active service or
§ 1922 CH. 19—INSURANCE 218

the date the person became mentally incompetent, whichever is the

later.

(2) Payments of insurance granted under subsection (b)(1) of this

section shall be made only to the following beneficiaries and in the

order named—

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

while unremarried;

(B) if no widow or widower entitled thereto, to the child or

children of the insured, if living, in equal shares;

(C) if no widow or widower or child entitled thereto, to the

parent or parents of the insured who last bore that relationship, if living, in equal shares.

(3) No application for insurance payments under this subsection

shall be valid unless filed with the Secretary within two years after

the date of death of the insured or before January 1, 1961, whichever is the later, and the relationship of the applicant shall be

proved as of the date of death of the insured by evidence satisfactory to the Secretary. Persons shown by evidence satisfactory to the

Secretary to have been mentally or legally incompetent at the time

the right to apply for death benefits expires, may make such application at any time within one year after the removal of such disability.

(4) Notwithstanding section 1917 of this title, insurance under

this subsection shall be payable to the beneficiary determined

under paragraph (2) of this subsection in a lump sum.

(c) The premium rate of any term insurance issued under this

section shall not exceed the renewal age 70 premium rate.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1155, § 722; renumbered § 1922 and amended

P.L. 102–83, §§ 4(a)(2)(A)(iii)(IV), (D)(i), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 403–406; P.L. 102–86, §§ 201(a), 202(a), Aug. 14, 1991, 105 Stat. 415, 416; P.L.

103–446, § 1201(i)(2), Nov. 2, 1994, 108 Stat. 4688; P.L. 106–419, § 311(a), Nov. 1,

2000, 114 Stat. 1854.)

§ 1922A. Supplemental service disabled veterans’ insurance

for totally disabled veterans

(a) Any person insured under section 1922(a) of this title who

qualifies for a waiver of premiums under section 1912 of this title

is eligible, as provided in this section, for supplemental insurance

in an amount not to exceed $20,000.

(b) To qualify for supplemental insurance under this section a

person must file with the Secretary an application for such insurance. Such application must be filed not later than (1) October 31,

1993, or (2) the end of the one-year period beginning on the date

on which the Secretary notifies the person that the person is entitled to a waiver of premiums under section 1912 of this title,

whichever is later.

(c) Supplemental insurance granted under this section shall be

granted upon the same terms and conditions as insurance granted

under section 1922(a) of title, except that such insurance may not

be granted to a person under this section unless the application is

made for such insurance before the person attains 65 years of age.

(d) No waiver of premiums shall be made in the case of any person for supplemental insurance granted under this section.
219 CH. 19—INSURANCE § 1923

(Added P.L. 102–568, § 203(a), Oct. 29, 1992, 106 Stat. 4324; amended P.L. 103–446,

§ 1201(f)(1), Nov. 2, 1994, 108 Stat. 4687.)

§ 1923. Veterans’ Special Life Insurance

(a) Insurance heretofore granted under the provisions of section

621 of the National Service Life Insurance Act of 1940, against the

death of the policyholder occurring while such insurance is in force,

is subject to the same terms and conditions as are contained in

standard policies of National Service Life Insurance on the fiveyear level premium term plan except (1) such insurance may not

be exchanged for or converted to insurance on any other plan; (2)

the premium rates for such insurance shall be based on the Commissioners 1941 Standard Ordinary Table of Mortality and interest

at the rate of 21⁄4 per centum per annum; (3) all settlements on

policies involving annuities shall be calculated on the basis of The

Annuity Table for 1949, and interest at the rate of 21⁄4 per centum

per annum; (4) all premiums and other collections on such insurance and any total disability provisions added thereto shall be credited to a revolving fund in the Treasury of the United States,

which, together with interest earned thereon, shall be available for

the payment of liabilities under such insurance and any total disability provisions added thereto, including payments of dividends

and refunds of unearned premiums.

(b) Any term insurance heretofore issued under section 621 of the

National Service Life Insurance Act of 1940, may be converted to

a permanent plan of insurance or exchanged for a policy of limited

convertible five-year level premium term insurance issued under

this subsection. Insurance issued under this subsection shall be

issued upon the same terms and conditions as are contained in the

standard policies of National Service Life Insurance except (1) after

September 1, 1960, limited convertible term insurance may not be

issued or renewed on the term plan after the insured’s fiftieth

birthday; (2) the premium rates for such limited convertible term

or permanent plan insurance shall be based on table X–18 (1950–

54 Intercompany Table of Mortality) and interest at the rate of 21⁄2

per centum per annum; (3) all settlements on policies involving annuities on insurance issued under this subsection shall be calculated on the basis of The Annuity Table for 1949, and interest

at the rate of 21⁄2 per centum per annum; (4) all cash, loan, paidup, and extended values, and, except as otherwise provided in this

subsection, all other calculations in connection with insurance

issued under this subsection shall be based on table X–18 (1950– 54 Intercompany Table of Mortality) and interest at the rate of 21⁄2

per centum per annum; (5) all premiums and other collections on

insurance issued under this subsection and any total disability income provisions added thereto shall be credited directly to the revolving fund referred to in subsection (a) of this section, which together with interest earned thereon, shall be available for the payment of liabilities under such insurance and any total disability

provisions added thereto, including payments of dividends and refunds of unearned premiums.

(c) The Secretary is authorized to invest in, and the Secretary of

the Treasury is authorized to sell and retire, special interest-bearing obligations of the United States for the account of the revolving
§ 1923 CH. 19—INSURANCE 220

fund with a maturity date as may be agreed upon by the two Secretaries. The rate of interest on such obligations shall be fixed by the

Secretary of the Treasury at a rate equal to the rate of interest,

computed as of the end of the month preceding the date of issue

of such obligations, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt

that are not due or callable until after the expiration of five years

from the date of original issue; except that where such average rate

is not a multiple of one-eighth of 1 per centum, the rate of interest

of such obligations shall be the multiple of one-eighth of 1 per centum nearest such average rate.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1157, § 723; P.L. 85–896, Sept. 2, 1958, 72 Stat.

1716; P.L. 87–223, Sept. 13, 1961, 75 Stat. 495; P.L. 93–289, § 2(a), May 24, 1974,

88 Stat. 165; renumbered § 1923 and amended P.L. 102–83, §§ 4(b)(1), (2)(C), (E),

5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1924. In-service waiver of premiums

(a) Waiver of all premiums on five-year level premium term insurance and that portion of any permanent insurance premiums

representing the cost of the pure insurance risk, as determined by

the Secretary, granted on National Service Life Insurance or

United States Government life insurance under section 622 of the

National Service Life Insurance Act of 1940 and in effect on January 1, 1959, shall, unless canceled, continue in effect according to

the provisions of such section for the remainder of the insured’s

continuous active service and for one hundred and twenty days

thereafter. Such premium waiver renders the contract of insurance

nonparticipating during the period the waiver is in effect.

(b) Whenever benefits become payable because of the maturity of

such insurance while under the premium waiver continued by this

section, liability for payment of such benefits shall be borne by the

United States in an amount which, when added to any reserve of

the policy at the time of maturity, will equal the then value of such

benefits under such policy. Where life contingencies are involved in

the calculation of the value of such benefits, the calculation of such

liability or liabilities shall be based upon such mortality table or

tables as the Secretary may prescribe with interest at the rate of

21⁄4 per centum per annum as to insurance issued under sections

620 and 621 of the National Service Life Insurance Act of 1940, at

the rate of 3 per centum per annum as to other National Service

Life Insurance, and 31⁄2 per centum per annum as to United States

Government life insurance. The Secretary shall transfer from time

to time from the National Service Life Insurance appropriation to

the National Service Life Insurance Fund and from the military

and naval insurance appropriation to the United States Government Life Insurance Fund such sums as may be necessary to carry

out the provisions of this section.

(c) In any case in which insurance continued in force under this

section matures on or after January 1, 1972, an amount equal to

the amount of premiums, less dividends, waived on and after that

date shall be placed as an indebtedness against the insurance and,

unless otherwise paid, shall be deducted from the proceeds. In such

case, the liability of the Government under subsection (b) of this
221 CH. 19—INSURANCE § 1925

section shall be reduced by the amount so deducted from the proceeds.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1157, § 724; P.L. 92–197, § 7, Dec. 15, 1971,

85 Stat. 662; renumbered § 1924 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a),

Aug. 6, 1991, 105 Stat. 404–406.)

§ 1925. Limited period for acquiring insurance

(a) Any person (other than a person referred to in subsection (f)

of this section) heretofore eligible to apply for National Service Life

Insurance after October 7, 1940, and before January 1, 1957, who

is found by the Secretary to be suffering (1) from a service-connected disability or disabilities for which compensation would be

payable if 10 percent or more in degree and except for which such

person would be insurable according to the standards of good

health established by the Secretary; or (2) from a non-service-connected disability which renders such person uninsurable according

to the standards of good health established by the Secretary and

such person establishes to the satisfaction of the Secretary that

such person is unable to obtain commercial life insurance at a substandard rate, shall, upon application in writing made before May

2, 1966, compliance with the health requirements of this section

and payment of the required premiums, be granted insurance

under this section.

(b) If, notwithstanding the applicant’s service-connected disability, such person is insurable according to the standards of good

health established by the Secretary, the insurance granted under

this section shall be issued upon the same terms and conditions as

are contained in the standard policies of National Service Life Insurance except (1) five-year level premium term insurance may not

be issued; (2) the net premium rates shall be based on the 1958

Commissioners Standard Ordinary Basic Mortality Table, increased at the time of issue by such an amount as the Secretary

determines to be necessary for sound actuarial operations, and

thereafter such premiums may be adjusted as the Secretary determines to be so necessary but at intervals of not less than two

years; (3) an additional premium to cover administrative costs to

the Government as determined by the Secretary at times of issue

shall be charged for insurance issued under this subsection and for

any total disability income provision attached thereto, and thereafter such costs may be adjusted as the Secretary determines to be

necessary but at intervals of not less than five years; (4) all cash,

loan, extended and paid-up insurance values shall be based on the

1958 Commissioners Standard Ordinary Basic Mortality Table; (5)

all settlements on policies involving annuities shall be calculated

on the basis of The Annuity Table for 1949; (6) all calculations in

connection with insurance issued under this subsection shall be

based on interest at the rate of 31⁄2 percent per annum; and (7) the

insurance shall include such other changes in terms and conditions

as the Secretary determines to be reasonable and practicable.

(c) If the applicant’s service-connected disability or disabilities

render the applicant uninsurable according to the standards of

good health established by the Secretary, or if the applicant has a

non-service-connected disability which renders the applicant uninsurable according to the standards of good health established by
§ 1925 CH. 19—INSURANCE 222

the Secretary and such person establishes to the satisfaction of the

Secretary that such person is unable to obtain commercial life insurance at a substandard rate and such uninsurability existed as

of the date of approval of this section, the insurance granted under

this section shall be issued upon the same terms and conditions as

are contained in standard policies of National Service Life Insurance, except (1) five-year level premium term insurance may not be

issued; (2) the premiums charged for the insurance issued under

this subsection shall be increased at the time of issue by such an

amount as the Secretary determines to be necessary for sound actuarial operations and thereafter such premiums may be adjusted

from time to time as the Secretary determines to be necessary; for

the purpose of any increase at time of issue or later adjustment the

service-connected group and the non-service-connected group may

be separately classified; (3) an additional premium to cover administrative costs to the Government as determined by the Secretary

at the time of issue shall be charged for insurance issued under

this subsection and for any total disability income provision attached thereto (for which the insured may subsequently become eligible) and thereafter such costs may be adjusted as the Secretary

determines to be necessary but at intervals of not less than five

years and for this purpose the service-connected and non-serviceconnected can be separately classified; (4) all settlements on policies involving annuities shall be calculated on the basis of The Annuity Table for 1949; (5) all calculations in connection with insurance issued under this subsection shall be based on interest at the

rate of 31⁄2 percent per annum; and (6) the insurance shall include

such other changes in terms and conditions as the Secretary determines to be reasonable and practicable.

(d)(1) All premiums and collections on insurance issued pursuant

to this section and any total disability income provision attached

thereto shall be credited to the Veterans Reopened Insurance Fund,

a revolving fund established in the Treasury of the United States,

and all payments on such insurance and any total disability provision attached thereto, including payments of dividends and refunds

of unearned premiums, shall be made from that fund and the interest earned on the assets of that fund. For actuarial and accounting

purposes, the assets and liabilities (including liabilities for repayment of advances hereinafter authorized, and adjustment of premiums) attributable to the insured groups established under this

section shall be separately determined. Such amounts in the Veterans Special Term Insurance Fund in the Treasury, not exceeding

$1,650,000 in the aggregate, as may hereafter be determined by the

Secretary to be in excess of the actuarial liabilities of that fund, including contingency reserves, shall be available for transfer to the

Veterans Reopened Insurance Fund as needed to provide initial

capital. Any amounts so transferred shall be repaid to the Treasury

over a reasonable period of time with interest as determined by the

Secretary of the Treasury taking into consideration the average

yield on all marketable interest-bearing obligations of the United

States of comparable maturities then forming a part of the public

debt.

(2) The Secretary is authorized to set aside out of the revolving

fund established under this section such reserve amounts as may
223 CH. 19—INSURANCE § 1926

be required under accepted actuarial principles to meet all liabilities on insurance issued under this section and any total disability

income provision attached thereto. The Secretary of the Treasury

is authorized to invest in and to sell and retire special interestbearing obligations of the United States for the account of the revolving fund. Such obligations issued for this purpose shall have

maturities fixed with due regard for the needs of the fund and

shall bear interest at a rate equal to the average market yield

(computed by the Secretary of the Treasury on the basis of market

quotations as of the end of the calendar month next preceding the

date of issue) on all marketable interest-bearing obligations of the

United States then forming a part of the public debt which are not

due or callable until after the expiration of four years from the end

of such calendar month; except that where such average market

yield is not a multiple of one-eighth of 1 percent, the rate of interest of such obligation shall be the multiple of one-eighth of 1 percent nearest such market yield.

(3) Notwithstanding the provisions of section 1982 of this title,

the Secretary shall, from time to time, determine the administrative costs to the Government which in the Secretary’s judgment are

properly allocable to insurance issued under this section and any

total disability income provision attached thereto, and shall transfer from the revolving fund, the amount of such cost allocable to

the Department to the appropriation ‘‘General Operating Expenses,

Department of Veterans Affairs’’, and the remainder of such cost to

the general fund receipts in the Treasury. The initial administrative costs of issuing insurance under this section and any total disability income provision attached thereto shall be so transferred

over such period of time as the Secretary determines to be reasonable and practicable.

(e) Notwithstanding the provisions of section 1982 of this title, a

medical examination (including any supplemental examination or

tests) when required of an applicant for issuance of insurance

under this section or any total disability income provisions attached thereto shall be at the applicant’s own expense by a duly

licensed physician.

(f) No insurance shall be granted under this section to any person referred to in section 107 of this title or to any person while

on active duty or active duty for training under a call or order to

such duty for a period of thirty-one days or more.

(Added P.L. 88–664, § 12(a), Oct. 13, 1964, 78 Stat. 1096, § 725; amended P.L. 89–

40, June 14, 1965, 79 Stat. 130; P.L. 96–128, § 301, Nov. 28, 1979, 93 Stat. 985; P.L.

97–295, § 4(25), Oct. 12, 1982, 96 Stat. 1306; P.L. 99–576, § 701(28), Oct. 28, 1986,

100 Stat. 3292; renumbered § 1925 and amended P.L. 102–83, §§ 4(a)(2)(B)(ii), (3),

(4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403–406.)

§ 1926. Authority for higher interest rates for amounts payable to beneficiaries

Notwithstanding sections 1902, 1923, and 1925 of this title, if the

beneficiary of an insurance policy receives the proceeds of such policy under a settlement option under which such proceeds are paid

in equal monthly installments over a limited period of months, the

interest that may be added to each such installment may be at a

rate that is higher than the interest rate prescribed in the appro-
§ 1926 CH. 19—INSURANCE 224

priate section of this subchapter. The Secretary may from time to

time establish a higher interest rate under the preceding sentence

only in accordance with a determination that such higher rate is

administratively and actuarially sound for the program of insurance concerned. Any such higher interest rate shall be paid on the

unpaid balance of such monthly installments.

(Added P.L. 96–128, § 302(a), Nov. 28, 1979, 93 Stat. 986, § 726; renumbered § 1926

and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–

406.)

§ 1927. Authority for higher monthly installments payable to

certain annuitants

(a) Subject to subsections (b) and (c) of this section, the Secretary

may from time to time adjust the dollar amount of the monthly installments payable to a beneficiary of National Service Life Insurance, Veterans Special Life Insurance, or Veterans Reopened Insurance who is receiving the proceeds of such insurance under a life

annuity settlement option. The Secretary may make such an adjustment only if the Secretary determines that the adjustment is

administratively and actuarially sound for the program of insurance concerned. The Secretary may make such an adjustment without regard to the provisions of sections 1902, 1923, and 1925 of this

title with respect to interest rates and the use of mortality tables.

(b) The Secretary shall determine the amount in the trust funds

in the Treasury held for payment of proceeds to National Service

Life Insurance, Veterans Special Life Insurance, and Veterans Reopened Insurance beneficiaries attributable to interest and mortality gains on the reserves held for annuity accounts. Such amount

shall be available for distribution to the life annuitants referred to

in subsection (a) of this section as a fixed percentage of, and in addition to, the monthly installment amount to which the annuitants

are entitled under this subchapter. For the purposes of this section,

gains on the reserves are defined as funds attributable solely to annuity accounts that are in excess of actuarial liabilities.

(c) The monthly amount of an annuity authorized in sections

1902, 1923, and 1925 of this title, as adjusted under this section,

may not be less than the monthly amount of such annuity that

would otherwise be applicable without regard to this section.

(Added P.L. 100–322, § 331(a)(1), May 20, 1988, 102 Stat. 536, § 727; renumbered

§ 1927 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 404–406.)

§ 1928. Authority for payment of interest on settlements

(a) Subject to subsection (b) of this section, the Secretary may

pay interest on the proceeds of a participating National Service

Life Insurance, Veterans’ Special Life Insurance, and Veterans Reopened Insurance policy from the date the policy matures to the

date of payment of the proceeds to the beneficiary or, in the case

of an endowment policy, to the policyholder.

(b)(1) The Secretary may pay interest under subsection (a) of this

section only if the Secretary determines that the payment of such

interest is administratively and actuarially sound for the settlement option involved.
225 CH. 19—INSURANCE § 1942

(2) Interest paid under subsection (a) of this section shall be at

the rate that is established by the Secretary for dividends held on

credit or deposit in policyholders’ accounts under the insurance program involved.

(Added P.L. 100–687, § 1401(a)(1), Nov. 18, 1988, 102 Stat. 4128, § 728; renumbered

§ 1928 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–

406.)

§ 1929. Authority to adjust premium discount rates

(a) Notwithstanding sections 1902, 1923, and 1925 of this title

and subject to subsection (b) of this section, the Secretary may from

time to time adjust the discount rates for premiums paid in advance on National Service Life Insurance, Veterans’ Special Life Insurance, and Veterans Reopened Insurance.

(b)(1) In adjusting a discount rate pursuant to subsection (a) of

this section, the Secretary may not set such rate at a rate lower

than the rate authorized for the program of insurance involved

under section 1902, 1923, or 1925 of this title.

(2) The Secretary may make an adjustment under subsection (a)

of this section only if the Secretary determines that the adjustment

is administratively and actuarially sound for the program of insurance involved.

(Added P.L. 100–687, § 1401(b)(1), Nov. 18, 1988, 102 Stat. 4129, § 729; renumbered

§ 1929 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 404–406.)

SUBCHAPTER II—UNITED STATES GOVERNMENT LIFE

INSURANCE

§ 1940. Definition

For the purposes of this subchapter, the term ‘‘insurance’’ means

United States Government life insurance.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1158, § 740; renumbered § 1940, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 1941. Amount of insurance

United States Government life insurance shall be issued against

death or total permanent disability in any multiple of $500 and not

less than $1,000 or more than $10,000. No person may carry a combined amount of National Service Life Insurance and United States

Government life insurance in excess of $10,000 at any one time.

The limitations of this section shall not apply to the additional paid

up insurance the purchase of which is authorized under section

1907 of this title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1158, § 741; P.L. 92–188, § 1, Dec. 15, 1971,

85 Stat. 645; renumbered § 1941 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406.)

§ 1942. Plans of insurance

(a) Regulations shall provide for the right to convert insurance

on the five-year level premium term plan into ordinary life, twentypayment 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
§ 1942 CH. 19—INSURANCE 226

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 fiveyear 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 pre-
227 CH. 19—INSURANCE § 1944

miums 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.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1158, § 742; P.L. 87–549, July 25, 1962, 76 Stat.

219; P.L. 99–576, § 701(29), Oct. 28, 1986, 100 Stat. 3292; renumbered § 1942 and

amended P.L. 102–83, §§ 4(a)(2)(C)(iii), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.

404–406.)

§ 1943. Premiums

The premium rates for insurance shall be the net rates based

upon the American Experience Table of Mortality and interest at

31⁄2 percent per annum. Regulations shall prescribe the time and

method of payment of premiums, but payments of premiums in advance shall not be required for periods of more than one month

each, and may be deducted from the pay or deposit of the insured

or be otherwise made at the insured’s election.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1158, § 743; P.L. 97–295, § 4(26), Oct. 12, 1982,

96 Stat. 1307; P.L. 99–576, § 701(30), Oct. 28, 1986, 100 Stat. 3293; renumbered

§ 1943, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 1944. Policy provisions

(a) Provisions for maturity at certain ages, for continuous installments during the lifetime of the insured or beneficiaries, or both,

for refund of premiums, cash, loan, paid-up and extended values,

dividends from gains and savings, and such other provisions for the

protection and advantage of and for alternative benefits to the insured and the beneficiaries as may be found to be reasonable and

practicable may be provided for in insurance contracts or from time

to time by regulations.

(b) All calculations on insurance shall be based upon the

American Experience Table of Mortality and interest at 31⁄2 percent

per annum, except that no deduction shall be made for continuous

installments during the life of the insured in case the insured’s

total and permanent disability continues more than two hundred

and forty months.

(c) On and after July 19, 1939, the rate of interest charged on

any loan secured by a lien on insurance shall not exceed 5 percent

per annum.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1158, § 744; P.L. 97–295, § 4(26), Oct. 12, 1982,

96 Stat. 1307; P.L. 99–576, § 701(30), Oct. 28, 1986, 100 Stat. 3293; renumbered

§ 1944, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
§ 1945 CH. 19—INSURANCE 228

§ 1945. Renewal

At the expiration of any term period any insurance policy issued

on the five-year level premium term plan which has not been exchanged or converted to a permanent plan of insurance and which

is not lapsed shall be renewed as level premium term insurance

without application for a successive five-year period at the premium rate for the attained age without medical examination. However, renewal shall be effected in cases where the policy is lapsed

only if the insured makes application for reinstatement and renewal of the insured’s term policy within five years after the date

of lapse, and reinstatement in such cases shall be under the terms

and conditions prescribed by the Secretary.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1159, § 745; P.L. 91–291, § 11, June 25, 1970,

84 Stat. 331; P.L. 99–576, § 701(30), Oct. 28, 1986, 100 Stat. 3293; renumbered

§ 1945 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–

406.)

§ 1946. Dividends to pay premiums

Until and unless the Secretary has received from the insured a

request in writing for payment of dividends in cash or that the

dividends be placed on deposit in accordance with the provisions of

the insured’s policy, any regular annual dividends shall be applied

in payment of premiums becoming due on insurance after the date

the dividend is payable on or after December 31, 1958.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1159, § 746; P.L. 99–576, § 701(30), Oct. 28,

1986, 100 Stat. 3293; renumbered § 1946 and amended P.L. 102–83,

§§ 4(a)(2)(A)(iii)(V), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)

§ 1947. Incontestability

Subject to the provisions of section 1954 of this title all contracts

or policies of insurance heretofore or hereafter issued, reinstated,

or converted shall be incontestable from the date of issuance, reinstatement, or conversion, except for fraud, nonpayment of premiums, or on the ground that the applicant was not a member of

the military or naval forces of the United States. The insured

under such contract or policy may, without prejudicing the insured’s rights, elect to make claim to the Department or to bring

suit under section 1984 of this title on any prior contract or policy,

and if found entitled thereto, shall, upon surrender of any subsequent contract or policy, be entitled to payments under the prior

contract or policy. In any case in which a contract or policy of insurance is canceled or voided after March 16, 1954, because of

fraud, the Secretary shall refund to the insured, if living, or, if deceased, to the person designated as beneficiary (or if none survives,

to the estate of the insured) all money, without interest, paid as

premiums on such contract or policy for any period subsequent to

two years after the date such fraud induced the Secretary to issue,

reinstate, or convert such insurance less any dividends, loan, or

other payment made to the insured under such contract or policy.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1159, § 747; P.L. 99–576, § 701(30), Oct. 28,

1986, 100 Stat. 3293; renumbered § 1947 and amended P.L. 102–83,

§§ 4(a)(2)(A)(iii)(VI), (3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403–

406.)
229 CH. 19—INSURANCE § 1949

§ 1948. Total disability provision

The Secretary shall include in United States Government life insurance policies provision whereby an insured, who is totally disabled as a result of disease or injury for a period of four consecutive months or more before attaining the age of sixty-five years and

before default in payment of any premium, shall be paid disability

benefits at the rate of $5.75 monthly for each $1,000 of insurance

in force when total disability benefits become payable. The amount

of such monthly payment under the provisions of this section shall

not be reduced because of payment of permanent and total disability benefits under the insurance policy. Such payments shall be

effective as of the first day of the fifth consecutive month, and shall

be made monthly during the continuance of such total disability.

Such payments shall be concurrent with or independent of permanent and total disability benefits under the insurance policy. In addition to the monthly disability benefits the payment of premiums

on the life insurance and for the total disability benefits authorized

by this section shall be waived during the continuance of such total

disability. Regulations shall provide for reexaminations of beneficiaries under this section; and, in the event that it is found that

an insured is no longer totally disabled, the waiver of premiums

and payment of benefits shall cease and the insurance policy, including the total disability provision, may be continued by payment

of premiums as provided in said policy and the total disability provision. Neither the dividends nor the amount payable in any settlement under any United States Government life insurance policy

shall be decreased because of disability benefits granted under the

provisions of this section. The payment of total disability benefits

shall not prejudice the right of any insured, who is totally and permanently disabled, to permanent and total disability benefits under

the insured’s insurance policy. The provision authorized by this section shall not be included in any United States Government life insurance policy heretofore or hereafter issued, except upon application, payment of premium by the insured, and proof of good health

satisfactory to the Secretary. The benefit granted under this section

shall be on the basis of multiples of $500, and not less than $1,000

or more than the amount of insurance in force at time of application. The Secretary shall determine the amount of the monthly premium to cover the benefits of this section, and in order to continue

such benefits in force the monthly premiums shall be payable until

the insured attains the age of sixty-five years or until the prior maturity of the policy. In all other respects such monthly premium

shall be payable under the same terms and conditions as the regular monthly premium on the United States Government life insurance policy.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1159, § 748; P.L. 97–295, § 4(27), Oct. 12, 1982,

96 Stat. 1307; P.L. 99–576, § 701(30), Oct. 28, 1986, 100 Stat. 3293; renumbered

§ 1948 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–

406.)

§ 1949. Change of beneficiary

Subject to regulations, the insured shall at all times have the

right to change the beneficiary or beneficiaries of a United States
§ 1949 CH. 19—INSURANCE 230

Government life insurance policy without the consent of such beneficiary or beneficiaries.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1160, § 749; renumbered § 1949, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 1950. Payment to estates

If no beneficiary of insurance is designated by the insured, either

while alive or by last will, or if the designated beneficiary does not

survive the insured, then there shall be paid to the estate of the

insured the present value of the remaining unpaid monthly installments. If the designated beneficiary survives the insured and dies

before receiving all of the installments of insurance payable and

applicable, then there shall be paid to the estate of such beneficiary

the present value of the remaining unpaid monthly installments.

No payments shall be made to any estate which under the laws of

the residence of the insured or the beneficiary, as the case may be,

would escheat, but same shall escheat to the United States and be

credited to the United States Government Life Insurance Fund.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1160, § 750; P.L. 99–576, § 701(31), Oct. 28,

1986, 100 Stat. 3293; renumbered § 1950, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat.

406.)

§ 1951. Payment of insurance

United States Government life insurance, except as provided in

this subchapter, shall be payable in two hundred and forty equal

monthly installments. When the amount of an individual monthly

payment is less than $5, such amount may in the discretion of the

Secretary be allowed to accumulate without interest and be disbursed annually.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1161, § 751; renumbered § 1951 and amended

P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1952. Optional settlement

(a) The Secretary may provide in insurance contracts for optional

settlements, to be selected by the insured, whereby such insurance

may be made payable either in one sum or in installments for thirty-six months or more. A provision may also be included in such

contracts authorizing the beneficiary to elect to receive payment of

the insurance in installments for thirty-six months or more, but

only if the insured has not exercised the right of election as provided in this subchapter. Even though the insured may have exercised the right of election the beneficiary may elect to receive such

insurance in installments spread over a greater period of time than

that selected by the insured. Notwithstanding any provision to the

contrary in any insurance contract, the beneficiary may, in the case

of insurance maturing after September 30, 1981, and for which the

insured has not exercised the right of election of the insured as

provided in this subchapter, elect to receive payment of the insurance in one sum.

(b) Under such regulations as the Secretary may promulgate, the

cash surrender value of any policy of insurance or the proceeds of

an endowment contract which matures by reason of completion of

the endowment period may be paid to the insured (1) in equal

monthly installments of from thirty-six to two hundred and forty
231 CH. 19—INSURANCE § 1955

in number, in multiples of twelve; or (2) as a refund life income in

monthly installments payable for such periods certain as may be

required in order that the sum of the installments certain, including a last installment of such reduced amount as may be necessary,

shall equal the cash value of the contract, less any indebtedness,

with such payments continuing throughout the lifetime of the insured. However, all settlements under option (2) above shall be calculated on the basis of The Annuity Table for 1949. If the option

selected requires payment of monthly installments of less than $10,

the amount payable shall be paid in such maximum number of

monthly installments as are a multiple of twelve as will provide a

monthly installment of not less than $10.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1161, § 752; P.L. 91–291, § 12, June 25, 1970,

84 Stat. 332; P.L. 97–66, § 403(b), Oct. 17, 1981, 95 Stat. 1031; P.L. 99–576,

§ 701(32), Oct. 28, 1986, 100 Stat. 3293; renumbered § 1952 and amended P.L. 102–

83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1953. Assignments

Any person to whom United States Government life insurance

shall be payable may assign such person’s interest in such insurance to the spouse, child, grandchild, parent, brother, sister, uncle,

aunt, nephew, niece, brother-in-law, or sister-in-law of the insured.

Insofar as applicable, the definitions contained in section 3 of the

World War Veterans’ Act, 1924, in effect on December 31, 1958,

shall apply to this section.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1161, § 753; P.L. 96–128, § 304, Nov. 28, 1979,

93 Stat. 986; renumbered § 1953, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 1954. Forfeiture

No yearly renewable term insurance or United States Government life insurance shall be payable for death inflicted as a lawful

punishment for crime or military offense, except when inflicted by

the enemy. In such cases the cash surrender value of United States

Government life insurance, if any, on the date of such death shall

be paid to the designated beneficiary if living, or if there be no designated beneficiary alive at the death of the insured the said value

shall be paid to the estate of the insured.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1161, § 754; renumbered § 1954, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 1955. United States Government Life Insurance Fund

(a) All premiums paid on account of United States Government

life insurance shall be deposited and covered into the Treasury to

the credit of the United States Government Life Insurance Fund

and shall be available for the payment of losses, dividends, refunds,

and other benefits provided for under such insurance, including

such liabilities as shall have been or shall hereafter be reduced to

judgment in a district court of the United States or the United

States District Court for the District of Columbia. Payments from

this fund shall be made upon and in accordance with awards by the

Secretary.

(b) The Secretary is authorized to set aside out of the funds so

collected such reserve funds as may be required, under accepted actuarial principles, to meet all liabilities under such insurance; and
§ 1955 CH. 19—INSURANCE 232

the Secretary of the Treasury is authorized to invest and reinvest

the said United States Government Life Insurance Fund, or any

part thereof, in interest-bearing obligations of the United States or

bonds of the Federal farm-loan banks and to sell said obligations

of the United States or the bonds of the Federal farm-loan banks

for the purposes of such Fund.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1161, § 755; renumbered § 1955 and amended

P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1956. Military and naval insurance appropriation

All sums heretofore or hereafter appropriated for the military

and naval insurance appropriation and all premiums collected for

yearly renewable term insurance deposited and covered into the

Treasury to the credit of this appropriation shall be made available

to the Department. All premiums that may hereafter be collected

for yearly renewable term insurance shall be deposited and covered

into the Treasury for the credit of this appropriation. Such sum is

made available for the payment of the liabilities of the United

States incurred under contracts of yearly renewable term insurance. Payments from this appropriation shall be made upon and in

accordance with the awards by the Secretary.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1162, § 756; renumbered § 1956 and amended

P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1957. Extra hazard costs

(a) The United States shall bear the excess mortality and disability cost resulting from the hazards of war on United States

Government life insurance.

(b) Whenever benefits under United States Government life insurance become, or have become, payable because of total permanent disability of the insured or because of the death of the insured

as a result of disease or injury traceable to the extra hazard of the

military or naval service, as such hazard may be determined by the

Secretary, the liability shall be borne by the United States. In such

cases the Secretary shall transfer from the military and naval insurance appropriation to the United States Government Life Insurance Fund a sum which, together with the reserve of the policy at

the time of maturity by total permanent disability or death, will

equal the then value of such benefits. When a person receiving

total permanent disability benefits under a United States Government life insurance policy recovers from such disability and is then

entitled to continue a reduced amount of insurance, the Secretary

shall transfer to the military and naval insurance appropriation all

of the loss reserve to the credit of such policy claim except a sum

sufficient to set up the then required reserve on the reduced

amount of the insurance that may be continued, which sum shall

be retained in the United States Government Life Insurance Fund

for the purpose of such reserve.

(c) Whenever benefits under the total disability provision become,

or have become, payable because of total disability of the insured

as a result of disease or injury traceable to the extra hazard of the

military or naval service, as such hazard may be determined by the

Secretary, the liability shall be borne by the United States, and the

Secretary shall transfer from the military and naval insurance ap-
233 CH. 19—INSURANCE § 1959

propriation to the United States Government Life Insurance Fund

from time to time any amounts which become or have become payable to the insured on account of such total disability, and shall

transfer from the United States Government Life Insurance Fund

to the military and naval insurance appropriation the amount of

the reserve held on account of the total disability benefit. When a

person receiving such payments on account of total disability recovers from such disability and is then entitled to continued protection

under the total disability provision, the Secretary shall transfer to

the United States Government Life Insurance Fund a sum sufficient to set up the then required reserve on such total disability

benefit.

(d) Any disability for which a waiver was required as a condition

to tendering a person a commission under Public Law 816, Seventy-seventh Congress, shall be deemed to be a disability resulting

from an injury or disease traceable to the extra hazard of military

or naval service for the purpose of applying this section.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1162, § 757; renumbered § 1957 and amended

P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1958. Statutory total permanent disability

Without prejudice to any other cause of disability, the permanent

loss of the use of both feet, of both hands, or of both eyes, or of

one foot and one hand, or of one foot and one eye, or of one hand

and one eye, or the loss of hearing of both ears, or the organic loss

of speech, shall be deemed total permanent disability for insurance

purposes. This section shall be deemed to be in effect on and after

April 6, 1917, and shall apply only to automatic insurance, yearly

renewable term insurance, and United States Government life insurance issued prior to December 15, 1936.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1163, § 758; renumbered § 1958, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 1959. Waiver of disability for reinstatement

(a) In the event that all provisions of the rules and regulations

other than the requirements as to the physical condition of the applicant have been complied with, an application for reinstatement,

in whole or in part, of lapsed United States Government life insurance may be approved if made within two years after the date of

lapse and if the applicant’s disability is the result of an injury or

disease, or of an aggravation thereof, suffered or contracted in the

active military or naval service during the period beginning April

6, 1917, and ending July 2, 1921, and the applicant during the applicant’s lifetime submits proof satisfactory to the Secretary showing that the applicant is not totally and permanently disabled. As

a condition to the acceptance of an application for reinstatement

under this section, the applicant shall be required to pay all the

back monthly premiums which would have become payable if such

insurance had not lapsed, together with interest at the rate of 5

per centum per annum, compounded annually, on each premium

from the date said premium is due by the terms of the policy.

(b) Premium liens established under the provisions of section 304

of the World War Veterans’ Act, 1924, shall continue to bear interest at the rate of 5 per centum per annum, compounded annually,
§ 1959 CH. 19—INSURANCE 234

and will be deducted from any settlement of insurance to which

they are attached.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1163, § 759; P.L. 99–576, § 701(33), Oct. 28,

1986, 100 Stat. 3293; renumbered § 1959 and amended P.L. 102–83, §§ 4(b)(1),

(2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1960. Waiver of premium payments on due date

(a) The Secretary is authorized to provide by regulations for

waiving the payment of premiums on United States Government

life insurance on the due date thereof and the insurance may be

deemed not to lapse in the cases of the following persons: (1) those

who are confined in hospital under the Department for a compensable disability during the period while they are so confined; (2)

those who are rated as temporarily totally disabled by reason of

any injury or disease entitling them to compensation during the period of such total disability and while they are so rated; (3) those

who, while mentally incompetent and for whom no legal guardian

had been or has been appointed, allowed or may allow their insurance to lapse during the period for which they have been or hereafter may be rated mentally incompetent, or until a guardian has

notified the Department of the guardian’s qualification, but not

later than six months after appointment of a guardian. In mentally

incompetent cases the waiver is to be made without application and

retroactive when necessary. Relief from payment of premiums on

the due date thereof shall be for full calendar months, beginning

with the month in which said confinement to hospital, the temporary total disability rating, or the mental incompetency began or

begins and ending with that month during the half or major fraction of which such persons are no longer entitled to waiver as provided above.

(b) All premiums the payment of which when due is waived as

provided in this section shall bear interest at the rate of 5 percent

per annum, compounded annually, from the due date of each premium, and if not paid by the insured shall be deducted from the

insurance in any settlement thereunder, or when the same matures

either because of permanent total disability or death. In the event

any lien or other indebtedness established by this section or prior

corresponding provision of law exists against any policy of United

States Government life insurance in excess of the then cash surrender value thereof at the time of the termination of such policy

of insurance for any reason other than by death or total permanent

disability the Secretary is authorized to transfer and pay from the

military and naval insurance appropriation to the United States

Government Life Insurance Fund a sum equal to the amount such

lien or indebtedness exceeds the then cash surrender value.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1163, § 760; P.L. 97–295, § 4(28), Oct. 12, 1982,

96 Stat. 1307; P.L. 99–576, § 701(34), Oct. 28, 1986, 100 Stat. 3293; renumbered

§ 1960 and amended P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105

Stat. 404–406.)

§ 1961. Authority for higher interest rates for amounts payable to beneficiaries

Notwithstanding section 1944(b) of this title, if the beneficiary of

an insurance policy issued under the provisions of this subchapter
235 CH. 19—INSURANCE § 1963

receives the proceeds of such policy under a settlement option

under which such proceeds are paid in equal monthly installments

over a limited period of months, the interest that may be added to

each such installment may be at a rate that is higher than the interest rate prescribed in such section. The Secretary may from time

to time establish a higher interest rate under the preceding sentence only in accordance with a determination that such higher

rate is administratively and actuarially sound. Any such higher interest rate shall be paid on the unpaid balance of such monthly

installments.

(Added P.L. 96–128, § 303(a), Nov. 28, 1979, 93 Stat. 986, § 761; renumbered § 1961

and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–

406.)

§ 1962. Authority for higher monthly installments payable to

certain annuitants

(a) Subject to subsections (b) and (c) of this section, the Secretary

may from time to time adjust the dollar amount of the monthly installments payable to a beneficiary of United States Government

Life Insurance who is receiving the proceeds of such insurance

under a life annuity settlement option. The Secretary may make

such an adjustment only if the Secretary determines that the adjustment is administratively and actuarially sound. The Secretary

may make such an adjustment without regard to the provisions of

section 1944 of this title with respect to interest rates and the use

of mortality tables.

(b) The Secretary shall determine the amount in the trust fund

in the Treasury held for payment of proceeds to United States Government Life Insurance beneficiaries attributable to interest and

mortality gains on the reserves held for annuity accounts. Such

amount shall be available for distribution to the life annuitants referred to in subsection (a) of this section as a fixed percentage of,

and in addition to, the monthly installment amount to which the

annuitants are entitled under this subchapter. For the purposes of

this section, gains on the reserves are defined as funds attributable

solely to annuity accounts that are in excess of actuarial liabilities.

(c) The monthly amount of an annuity authorized in section 1944

of this title, as adjusted under this section, may not be less than

the monthly amount of such annuity that would otherwise be applicable without regard to this section.

(Added P.L. 100–322, § 331(b)(1), May 20, 1988, 102 Stat. 536, § 762; renumbered

§ 1962 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 404–406.)

§ 1963. Authority for payment of interest on settlements

(a) Subject to subsection (b) of this section, the Secretary may

pay interest on the proceeds of a United States Government Life

Insurance policy from the date the policy matures to the date of

payment of the proceeds to the beneficiary or, in the case of an endowment policy, to the policyholder.

(b)(1) The Secretary may pay interest under subsection (a) of this

section only if the Secretary determines that the payment of such

interest is administratively and actuarially sound for the settlement option involved.
§ 1963 CH. 19—INSURANCE 236

(2) Interest paid under subsection (a) shall be at the rate that is

established by the Secretary for dividends held on credit or deposit

in policyholders’ accounts.

(Added P.L. 100–687, § 1401(a)(2), Nov. 18, 1988, 102 Stat. 4128, § 763; renumbered

§ 1963 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–

406.)

SUBCHAPTER III—SERVICEMEMBERS’ GROUP LIFE

INSURANCE

§ 1965. Definitions

For the purpose of this subchapter—

(1) The term ‘‘active duty’’ means—

(A) full-time duty in the Armed Forces, other than active

duty for training;

(B) full-time duty (other than for training purposes) as

a commissioned officer of the Regular or Reserve Corps of

the Public Health Service;

(C) full-time duty as a commissioned officer of the National Oceanic and Atmospheric Administration; and

(D) full-time duty as a cadet or midshipman at the

United States Military Academy, United States Naval

Academy, United States Air Force Academy, or the United

States Coast Guard Academy.

(2) The term ‘‘active duty for training’’ means—

(A) full-time duty in the Armed Forces performed by Reserves for training purposes;

(B) full-time duty for training purposes performed as a

commissioned officer of the Reserve Corps of the Public

Health Service;

(C) full-time duty as a member, cadet, or midshipman of

the Reserve Officers Training Corps while attending field

training or practice cruises; and

(D) in the case of members of the National Guard or Air

National Guard of any State, full-time duty under sections

316, 502, 503, 504, or 505 of title 32, United States Code.

(3) The term ‘‘inactive duty training’’ means— (A) duty (other than full-time duty) prescribed or authorized for Reserves (including commissioned officers of the

Reserve Corps of the Public Health Service) which duty is

scheduled in advance by competent authority to begin at

a specific time and place; and

(B) in the case of a member of the National Guard or Air

National Guard of any State, such term means duty (other

than full-time duty) which is scheduled in advance by competent authority to begin at a specific time and place

under sections 316, 502, 503, 504, or 505 of title 32, United

States Code.

(4) The terms ‘‘active duty for training’’ and ‘‘inactive duty

training’’ do not include duty performed as a temporary member of the Coast Guard Reserve, and the term ‘‘inactive duty

training’’ does not include (A) work or study performed in connection with correspondence courses, or (B) attendance at an

educational institution in an inactive status.
237 CH. 19—INSURANCE § 1965

(5) The term ‘‘member’’ means— (A) a person on active duty, active duty for training, or

inactive duty training in the uniformed services in a commissioned, warrant, or enlisted rank, or grade, or as a

cadet or midshipman of the United States Military Academy, United States Naval Academy, United States Air

Force Academy, or the United States Coast Guard Academy;

(B) a person who volunteers for assignment to the Ready

Reserve of a uniformed service and is assigned to a unit

or position in which such person may be required to perform active duty, or active duty for training, and each year

will be scheduled to perform at least twelve periods of inactive duty training that is creditable for retirement purposes under chapter 1223 of title 10 (or under chapter 67

of that title as in effect before the effective date of the Reserve Officer Personnel Management Act);

(C) a person who volunteers for assignment to a mobilization category in the Individual Ready Reserve, as defined in section 12304(i)(1) of title 10; and

(D) a member, cadet, or midshipman of the Reserve Officers Training Corps while attending field training or practice cruises.

(6) The term ‘‘uniformed services’’ means the Army, Navy,

Air Force, Marine Corps, Coast Guard, the commissioned corps

of the Public Health Service, and the commissioned corps of

the National Oceanic and Atmospheric Administration.

(7) The terms ‘‘widow’’ or ‘‘widower’’ means a person who is

the lawful spouse of the insured member at the time of his

death.

(8) The term ‘‘child’’ means a legitimate child, a legally

adopted child, an illegitimate child as to the mother, or an illegitimate child as to the alleged father, only if (A) he acknowledged the child in writing signed by him; or (B) he has been

judicially ordered to contribute to the child’s support; or (C) he

has been, before his death, judicially decreed to be the father

of such child; or (D) proof of paternity is established by a certified copy of the public record of birth or church record of baptism showing that the insured was the informant and was

named as father of the child; or (E) proof of paternity is established from service department or other public records, such as

school or welfare agencies, which show that with his knowledge the insured was named as the father of the child.

(9) The term ‘‘parent’’ means a father of a legitimate child,

mother of a legitimate child, father through adoption, mother

through adoption, mother of an illegitimate child, and father of

an illegitimate child but only if (A) he acknowledged paternity

of the child in writing signed by him before the child’s death;

or (B) he has been judicially ordered to contribute to the child’s

support; or (C) he has been judicially decreed to be the father

of such child; or (D) proof of paternity is established by a certified copy of the public record of birth or church record of baptism showing that the claimant was the informant and was

named as father of the child; or (E) proof of paternity is estab-
§ 1965 CH. 19—INSURANCE 238

lished from service department or other public records, such as

school or welfare agencies, which show that with his knowledge the claimant was named as father of the child. No person

who abandoned or willfully failed to support a child during the

child’s minority, or consented to the child’s adoption may be

recognized as a parent for the purpose of this subchapter. However, the immediately preceding sentence shall not be applied

so as to require duplicate payments in any case in which insurance benefits have been paid prior to receipt in the administrative office established under subsection 1966(b) of this title of

sufficient evidence to clearly establish that the person so paid

could not qualify as a parent solely by reason of such sentence.

(10) The term ‘‘insurable dependent’’, with respect to a member, means the following:

(A) The member’s spouse.

(B) The member’s child, as defined in the first sentence

of section 101(4)(A) of this title.

(Added P.L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 880, § 765; amended P.L. 91– 291, § 1, June 25, 1970, 84 Stat. 326; P.L. 92–185, § 1, Dec. 15, 1971, 85 Stat. 642;

P.L. 92–315, June 20, 1972, 86 Stat. 227; P.L. 93–289, §§ 3, 10(1), May 24, 1974,

88 Stat. 165, 172; P.L. 99–576, § 701(35), Oct. 28, 1986, 100 Stat. 3293; P.L. 102– 54, § 14(b)(16), June 13, 1991, 105 Stat. 284; renumbered § 1965 and amended P.L.

102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 103–337, § 651(a),

§ 1677(d)(1), Oct. 5, 1994, 108 Stat. 2792, 3020; P.L. 104–275, § 402(a), Oct. 9, 1996,

110 Stat. 3337; P.L. 106–419, § 313(a), Nov. 1, 2000, 114 Stat. 1854; P.L. 107–14,

§ 4(a)(1), June 5, 2001, 115 Stat. 26.)

§ 1966. Eligible insurance companies

(a) The Secretary is authorized, without regard to section 3709

of the Revised Statutes, as amended (41 U.S.C. 5), to purchase

from one or more life insurance companies a policy or policies of

group life insurance to provide the benefits specified in this subchapter. Each such life insurance company must (1) be licensed to

issue life insurance in each of the fifty States of the United States

and in the District of Columbia, and (2) as of the most recent December 31 for which information is available to the Secretary, have

in effect at least 1 percent of the total amount of group life insurance which all life insurance companies have in effect in the

United States.

(b) The life insurance company or companies issuing such policy

or policies shall establish an administrative office at a place and

under a name designated by the Secretary.

(c) The Secretary shall arrange with the life insurance company

or companies issuing any policy or policies under this subchapter

to reinsure, under conditions approved by the Secretary, portions

of the total amount of insurance under such policy or policies with

such other life insurance companies (which meet qualifying criteria

set forth by the Secretary) as may elect to participate in such reinsurance.

(d) The Secretary may at any time discontinue any policy or policies which the Secretary has purchased from any insurance company under this subchapter.

(Added P.L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 880, § 766; amended P.L. 97–

295, § 4(29), Oct. 12, 1982, 96 Stat. 1307; P.L. 99–576, § 701(36), Oct. 28, 1986, 100

Stat. 3293; renumbered § 1966 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a),

Aug. 6, 1991, 105 Stat. 404–406.)
239 CH. 19—INSURANCE § 1967

1 Coverage of dependents under this section and sections 1968, 1969, and 1970 in accordance

with amendments made by section 4 of the Veterans’ Survivor Benefits Improvements Act of

2001 (P.L. 107-14, enacted June 5, 2001) is effective November 1, 2001, pursuant to subsection

(g)(1) of that section.

§ 1967. 1 Persons insured; amount

(a)(1) Subject to an election under paragraph (2), any policy of insurance purchased by the Secretary under section 1966 of this title

shall automatically insure the following persons against death:

(A) In the case of any member of a uniformed service on active duty (other than active duty for training)— (i) the member; and

(ii) each insurable dependent of the member.

(B) Any member of a uniformed service on active duty for

training or inactive duty training scheduled in advance by competent authority.

(C) In the case of any member of the Ready Reserve of a uniformed service who meets the qualifications set forth in section

1965(5)(B) of this title— (i) the member; and

(ii) each insurable dependent of the member.

(2)(A) A member may elect in writing not to be insured under

this subchapter.

(B) A member may elect in writing not to insure the member’s

spouse under this subchapter.

(3)(A) Subject to subparagraphs (B) and (C), the amount for

which a person is insured under this subchapter is as follows: (i) In the case of a member, $250,000.

(ii) In the case of a member’s spouse, $100,000.

(iii) In the case of a member’s child, $10,000.

(B) A member may elect in writing to be insured or to insure the

member’s spouse in an amount less than the amount provided for

under subparagraph (A). The member may not elect to insure the

member’s child in an amount less than $10,000. The amount of insurance so elected shall, in the case of a member or spouse, be

evenly divisible by $10,000.

(C) In no case may the amount of insurance coverage under this

subsection of a member’s spouse exceed the amount of insurance

coverage of the member.

(4)(A) An insurable dependent of a member is not insured under

this chapter unless the member is insured under this subchapter.

(B) An insurable dependent who is a child may not be insured

at any time by the insurance coverage under this chapter of more

than one member. If an insurable dependent who is a child is otherwise eligible to be insured by the coverage of more than one

member under this chapter, the child shall be insured by the coverage of the member whose eligibility for insurance under this subchapter occurred first, except that if that member does not have

legal custody of the child, the child shall be insured by the coverage

of the member who has legal custody of the child.

(5) The insurance shall be effective with respect to a member and

the insurable dependents of the member on the latest of the following dates:

(A) The first day of active duty or active duty for training.
§ 1967 CH. 19—INSURANCE 240

(B) The beginning of a period of inactive duty training scheduled in advance by competent authority.

(C) The first day a member of the Ready Reserve meets the

qualifications set forth in section 1965(5)(B) of this title.

(D) The date certified by the Secretary to the Secretary concerned as the date Servicemembers’ Group Life Insurance

under this subchapter for the class or group concerned takes

effect.

(E) In the case of an insurable dependent who is a spouse,

the date of marriage of the spouse to the member.

(F) In the case of an insurable dependent who is a child, the

date of birth of such child or, if the child is not the natural

child of the member, the date on which the child acquires status as an insurable dependent of the member.

(b) Any member (other than one who has elected not to be insured under this subchapter for the period or periods of duty involved)—

(1) who, when authorized or required by competent authority, assumes an obligation to perform (for less than thirty-one

days) active duty, or active duty for training, or inactive duty

training scheduled in advance by competent authority; and

(2) who is rendered uninsurable at standard premium rates

according to the good health standards approved by the Secretary, or dies within one hundred and twenty days thereafter,

from a disability, or aggravation of a preexisting disability, incurred by such member while proceeding directly to or returning directly from such active duty, active duty for training, or

inactive duty training as the case may be;

shall be deemed to have been on active duty, active duty for training, or inactive duty training, as the case may be, and to have been

insured under this subchapter at the time such disability was incurred or aggravated, and if death occurs within one hundred and

twenty days thereafter as a result of such disability to have been

insured at the time of death. In determining whether or not such

individual was so authorized or required to perform such duty, and

whether or not such member was rendered uninsurable or died

within one hundred and twenty days thereafter from a disability so

incurred or aggravated, there shall be taken into account the call

or order to duty, the orders and authorizations of competent authority, the hour on which the member began to so proceed or to

return, the hour on which such member was scheduled to arrive

for, or on which such member ceased to perform such duty; the

method of travel employed; such member’s itinerary; the manner in

which the travel was performed; and the immediate cause of disability or death. Whenever any claim is filed alleging that the

claimant is entitled to benefits by reason of this subsection, the

burden of proof shall be on the claimant.

(c) If a person eligible for insurance under this subchapter is not

so insured, or is insured for less than the maximum amount provided for the person under subparagraph (A) of subsection (a)(3),

by reason of an election made by a member under subparagraph

(B) of that subsection, the person may thereafter be insured under

this subchapter in the maximum amount or any lesser amount

elected as provided in such subparagraph (B) upon written applica-
241 CH. 19—INSURANCE § 1968

tion by the member, proof of good health of each person (other than

a child) to be so insured, and compliance with such other terms and

conditions as may be prescribed by the Secretary. Any former member insured under Veterans’ Group Life Insurance who again becomes eligible for Servicemembers’ Group Life Insurance and declines such coverage solely for the purpose of maintaining such

member’s Veterans’ Group Life Insurance in effect shall upon termination of coverage under Veterans’ Group Life Insurance be

automatically insured under Servicemen’s Group Life Insurance, if

otherwise eligible therefor.

(d) Whenever a member has the opportunity to make an election

under subsection (a) not to be insured under this subchapter, or to

be insured under this subchapter in an amount less than the maximum amount of $250,000, and at such other times periodically

thereafter as the Secretary concerned considers appropriate, the

Secretary concerned shall furnish to the member general information concerning life insurance. Such information shall include—

(1) the purpose and role of life insurance in financial planning;

(2) the difference between term life insurance and whole life

insurance;

(3) the availability of commercial life insurance; and

(4) the relationship between Servicemembers’ Group Life Insurance and Veterans’ Group Life Insurance.

(e) The effective date and time for any change in benefits under

the Servicemembers’ Group Life Insurance Program shall be based

on the date and time according to the time zone immediately west

of the International Date Line.

(Added P.L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 881, § 767; amended P.L. 91–

291, § 2, June 25, 1970, 84 Stat. 327; P.L. 93–289, § 4, May 24, 1974, 88 Stat. 166;

P.L. 97–66, § 401(a), Oct. 17, 1981, 95 Stat. 1030; P.L. 99–166, § 401(a), Dec. 3, 1985,

99 Stat. 956; P.L. 99–576, § 701(37), Oct. 28, 1986, 100 Stat. 3293; P.L. 102–25,

§ 336(a), Apr. 6, 1991, 105 Stat. 89; renumbered § 1967 and amended P.L. 102–83,

§§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 102–568, § 201,

Oct. 29, 1992, 106 Stat. 4324; P.L. 103–160, § 1175(a), Nov. 30, 1993, 107 Stat. 1768;

P.L. 103–337, § 651(b), Oct. 5, 1994, 108 Stat. 2792; P.L. 104–106, § 646, Feb. 10,

1996, 110 Stat. 369; P.L. 104–275, §§ 402(b), 404, 405(b)(1)(A), Oct. 9, 1996, 110

Stat. 3337, 3339; P.L. 106–419, §§ 312(a), 313(b), Nov. 1, 2000, 114 Stat. 1854, 1855;

P.L. 107–14, § 4(b), June 5, 2001, 115 Stat. 26.)

§ 1968. Duration and termination of coverage; conversion

(a) Each policy purchased under this subchapter shall contain a

provision, in terms approved by the Secretary, to the effect that

any insurance thereunder on any member of the uniformed services, and any insurance thereunder on any insurable dependent of

such a member, unless discontinued or reduced upon the written

request of the insured (or discontinued pursuant to section

1969(a)(2)(B) of this title), shall continue in effect while the member is on active duty, active duty for training, or inactive duty

training scheduled in advance by competent authority during the

period thereof, or while the member meets the qualifications set

forth in subparagraph (B) or (C) of section 1965(5) of this title and

such insurance shall cease as follows:

(1) With respect to a member on active duty or active duty

for training under a call or order to duty that does not specify
§ 1968 CH. 19—INSURANCE 242

a period of less than 31 days, insurance under this subchapter

shall cease— (A) 120 days after the separation or release from active

duty or active duty for training, unless on the date of such

separation or release the member is totally disabled, under

criteria established by the Secretary, in which event the

insurance shall cease one year after the date of separation

or release from such active duty or active duty for training,

or on the date the insured ceases to be totally disabled,

whichever is the earlier date, but in no event before the

end of 120 days after such separation or release; or

(B) at the end of the thirty-first day of a continuous period of (i) absence without leave, (ii) confinement by civil

authorities under a sentence adjudged by a civilian court,

or (iii) confinement by military authorities under a courtmartial sentence involving total forfeiture of pay and allowances. Any insurance so terminated as the result of

such an absence or confinement, together with any beneficiary designation in effect for such insurance at such termination thereof, shall be automatically revived as of the

date the member is restored to active duty with pay or to

active duty for training with pay.

(2) With respect to a member on active duty or active duty

for training under a call or order to duty that specifies a period

of less than 31 days, insurance under this subchapter shall

cease at midnight, local time, on the last day of such duty, unless on such date the insured is suffering from a disability incurred or aggravated during such period which, within 120

days after such date, (i) results in death, or (ii) renders the

member uninsurable at standard premium rates according to

the good health standards approved by the Secretary, in which

event the insurance shall continue in force to death, or for 120

days after such date, whichever is the earlier date.

(3) With respect to a member on inactive duty training

scheduled in advance by competent authority, insurance under

this subchapter shall cease at the end of such scheduled training period, unless at such time the insured is suffering from

a disability incurred, or aggravated during such period which,

within 120 days after the date of such training, (i) results in

death, or (ii) renders the member uninsurable at standard premium rates according to the good health standards approved

by the Secretary in which event the insurance shall continue

in force to death, or for 120 days after the date such training

terminated, whichever is the earlier date.

(4) With respect to a member of the Ready Reserve of a uniformed service who meets the qualifications set forth in subparagraph (B) or (C) of section 1965(5) of this title, insurance

under this subchapter shall cease 120 days after separation or

release from such assignment, unless on the date of such separation or release the member is totally disabled, under criteria

established by the Secretary, in which event the insurance

shall cease one year after the date of separation or release

from such assignment, or on the date the insured ceases to be

totally disabled, whichever is the earlier date, but in no event
243 CH. 19—INSURANCE § 1968

before the end of 120 days after separation or release from

such assignment.

(5) With respect to an insurable dependent of the member,

insurance under this subchapter shall cease—

(A) 120 days after the date of an election made in writing by the member to terminate the coverage; or

(B) on the earliest of—

(i) 120 days after the date of the member’s death;

(ii) 120 days after the date of termination of the insurance on the member’s life under this subchapter; or

(iii) 120 days after the termination of the dependent’s status as an insurable dependent of the member.

(b)(1) Each policy purchased under this subchapter shall contain

a provision, in terms approved by the Secretary, that, except as

hereinafter provided, Servicemembers’ Group Life Insurance which

is continued in force after expiration of the period of duty or travel

under section 1967(b) or 1968(a) of this title, effective the day after

the date such insurance would cease—

(A) shall be automatically converted to Veterans’ Group Life

Insurance (to insure against death of the member only), subject

to (i) the timely payment of the initial premium under terms

prescribed by the Secretary, and (ii) the terms and conditions

set forth in section 1977 of this title; or

(B) at the election of the member, shall be converted to an

individual policy of insurance as described in section 1977(e) of

this title upon written application for conversion made to the

participating company selected by the member and payment of

the required premiums.

(2) Automatic conversion to Veterans’ Group Life Insurance

under paragraph (1) shall be effective only in the case of an otherwise eligible member or former member who is separated or released from a period of active duty or active duty for training or

inactive duty training on or after the date on which the Veterans’

Group Life Insurance program (provided for under section 1977 of

this title) becomes effective.

(3)(A) In the case of a policy purchased under this subchapter for

an insurable dependent who is a spouse, upon election of the

spouse, the policy may be converted to an individual policy of insurance under the same conditions as described in section 1977(e)

of this title (with respect to conversion of a Veterans’ Group Life

Insurance policy to such an individual policy) upon written application for conversion made to the participating company selected by

the spouse and payment of the required premiums. Conversion of

such policy to Veterans’ Group Life Insurance is prohibited.

(B) In the case of a policy purchased under this subchapter for

an insurable dependent who is a child, such policy may not be converted under this subsection.

(Added P.L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 881, § 768; amended P.L. 91–

291, § 3, June 25, 1970, 84 Stat. 328; P.L. 93–289, § 5(a), May 24, 1974, 88 Stat.

166; P.L. 97–295, § 4(30), Oct. 12, 1982, 96 Stat. 1307; P.L. 99–576, § 701(38), Oct.

28, 1986, 100 Stat. 3293; renumbered § 1968 and amended P.L. 102–83, §§ 4(b)(1),

(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 103–337, § 651(c),

§ 1677(d)(1), Oct. 5, 1994, 108 Stat. 2792, 3020; P.L. 104–106, § 647(b), (c), Feb. 10,

1996, 110 Stat. 370; P.L. 104–275, §§ 402(c), (e), 403(a), 405(b)(1)(B), Oct. 9, 1996,
§ 1968 CH. 19—INSURANCE 244

110 Stat. 3337, 3338, 3339; P.L. 106–419, § 313(b), Nov. 1, 2000, 114 Stat. 1855; P.L.

107–14, § 4(c), (f), June 5, 2001, 115 Stat. 28, 29.)

§ 1969. Deductions; payment; investment; expenses

(a)(1) During any period in which a member, on active duty or

active duty for training under a call or order to such duty that does

not specify a period of less than thirty-one days, is insured under

Servicemembers’ Group Life Insurance, there shall be deducted

each month from the member’s basic or other pay until separation

or release from such duty an amount determined by the Secretary

(which shall be the same for all such members) as the share of the

cost attributable to insuring such member under such policy, less

any costs traceable to the extra hazard of such duty in the uniformed service.

(2)(A) During any month in which a member is assigned to the

Ready Reserve of a uniformed service under conditions which meet

the qualifications of subparagraph (B) or (C) of section 1965(5) of

this title, or is assigned to the Retired Reserve and meets the

qualifications of section 1965(5)(D) of this title, and is insured

under a policy of insurance purchased by the Secretary, under section 1966 of this title, there shall be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Secretary (which shall be the

same for all such members) as the share of the cost attributable

to insuring such member under this policy, less any costs traceable

to the extra hazards of such duty in the uniformed services. Any

amounts so contributed on behalf of any individual shall be collected by the Secretary concerned from such individual (by deduction from pay or otherwise) and shall be credited to the appropriation from which such contribution was made.

(B) If an individual who is required pursuant to subparagraph

(A) to make a direct remittance of costs to the Secretary concerned

fails to make the required remittance within 60 days of the date

on which such remittance is due, such individual’s insurance with

respect to which such remittance is required shall be terminated by

the Secretary concerned. Such termination shall be made by written notice to the individual’s official address and shall be effective

60 days after the date of such notice. Such termination of insurance may be vacated if, before the effective date of termination, the

individual remits all amounts past due for such insurance and

demonstrates to the satisfaction of the Secretary concerned that

the failure to make timely remittances was justifiable.

(3) During any fiscal year, or portion thereof, that a member is

on active duty or active duty for training under a call or order to

such duty that specifies a period of less than thirty-one days, or is

authorized or required to perform inactive duty training scheduled

in advance by competent authority, and is insured under

Servicemembers’ Group Life Insurance, the Secretary concerned

shall collect from the member (by deduction from pay or otherwise)

an amount determined by the Secretary (which shall be the same

for all such members) as the share of the cost attributable to insuring such member under such policy, less any costs traceable to the

extra hazard of such duty in the uniformed service.
245 CH. 19—INSURANCE § 1969

(4) Any amount not deducted from the basic or other pay of a

member insured under Servicemembers’ Group Life Insurance, or

collected from the member by the Secretary concerned, if not otherwise paid, shall be deducted from the proceeds of any insurance

thereafter payable. The initial monthly amount under paragraph

(1) or (2) hereof, or fiscal year amount under paragraph (3) hereof,

determined by the Secretary to be charged under this section for

Servicemembers’ Group Life Insurance may be continued from year

to year, except that the Secretary may redetermine such monthly

or fiscal year amounts from time to time in accordance with experience. No refunds will be made to any member of any amount properly deducted from the member’s basic or other pay, or collected

from the member by the Secretary concerned, to cover the insurance granted under Servicemembers’ Group Life Insurance.

(b) For each month for which any member is so insured, there

shall be contributed from the appropriation made for active duty

pay of the uniformed service concerned an amount determined by

the Secretary and certified to the Secretary concerned to be the

cost of Servicemembers’ Group Life Insurance which is traceable to

the extra hazard of duty in the uniformed services. Effective January 1, 1970, such cost shall be determined by the Secretary on the

basis of the excess mortality incurred by members and former

members of the uniformed services insured under Servicemembers’

Group Life Insurance above what their mortality would have been

under peacetime conditions as such mortality is determined by the

Secretary using such methods and data as the Secretary shall determine to be reasonable and practicable. The Secretary is authorized to make such adjustments regarding contributions from pay

appropriations as may be indicated from actual experience.

(c) An amount equal to the first amount due on Servicemembers’

Group Life Insurance may be advanced from current appropriations for active-service pay to any such member, which amount

shall constitute a lien upon any service or other pay accruing to the

person from whom such advance was made and shall be collected

therefrom if not otherwise paid. No disbursing or certifying officer

shall be responsible for any loss incurred by reason of such advance.

(d)(1) The sums withheld from the basic or other pay of members,

or collected from them by the Secretary concerned, under subsection (a) of this section, and the sums contributed from appropriations under subsection (b) of this section, together with the income derived from any dividends or premium rate adjustments received from insurers shall be deposited to the credit of a revolving

fund established in the Treasury of the United States. All premium

payments and extra hazard costs on Servicemembers’ Group Life

Insurance and the administrative cost to the Department of insurance issued under this subchapter shall be paid from the revolving

fund.

(2) The Secretary is authorized to set aside out of the revolving

fund such amounts as may be required to meet the administrative

costs to the Department of insurance issued under this subchapter

and all current premium payments and extra hazard costs on any

insurance policy or policies purchased under section 1966 of this

title. The Secretary of the Treasury is authorized to invest in and
§ 1969 CH. 19—INSURANCE 246

to sell and retire special interest-bearing obligations of the United

States for the account of the revolving fund. Such obligations

issued for this purpose shall have maturities fixed with due regard

for the needs of the fund and shall bear interest at a rate equal

to the average market yield (computed by the Secretary of the

Treasury on the basis of market quotations as of the end of the calendar month next preceding the date of issue) on all marketable interest-bearing obligations of the United States then forming a part

of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month; except

that where such average market yield is not a multiple of oneeighth of 1 per centum, the rate of interest of such obligation shall

be the multiple of one-eighth of 1 per centum nearest such market

yield.

(3) Notwithstanding the provisions of section 1982 of this title,

the Secretary shall, from time to time, determine the administrative costs to the Department which in the Secretary’s judgment are

properly allocable to insurance issued under this subchapter and

shall transfer such cost from the revolving fund to the appropriation ‘‘General Operating Expenses, Department of Veterans Affairs’’.

(e) The Secretary of Defense shall prescribe regulations for the

administration of the functions of the Secretaries of the military

departments under this section. Such regulations shall prescribe

such procedures as the Secretary of Defense, after consultation

with the Secretary, may consider necessary to ensure that such

functions are carried out in a timely and complete manner and in

accordance with the provisions of this section, including specifically

the provisions of subsection (a)(2) of this section relating to contributions from appropriations made for active duty pay.

(f)(1) No tax, fee, or other monetary payment may be imposed or

collected by any State, or by any political subdivision or other governmental authority of a State, on or with respect to any premium

paid under an insurance policy purchased under this subchapter.

(2) Paragraph (1) of this subsection shall not be construed to exempt any company issuing a policy of insurance under this subchapter from the imposition, payment, or collection of a tax, fee, or

other monetary payment on the net income or profit accruing to or

realized by that company from business conducted under this subchapter, if that tax, fee, or payment is applicable to a broad range

of business activity.

(g)(1)(A) During any period in which a spouse of a member is insured under this subchapter and the member is on active duty,

there shall be deducted each month from the member’s basic or

other pay until separation or release from active duty an amount

determined by the Secretary as the premium allocable to the pay

period for providing that insurance coverage. No premium may be

charged for providing insurance coverage for a child.

(B) During any month in which a member is assigned to the

Ready Reserve of a uniformed service under conditions which meet

the qualifications set forth in section 1965(5)(B) of this title and the

spouse of the member is insured under a policy of insurance purchased by the Secretary under section 1966 of this title, there shall

be contributed from the appropriation made for active duty pay of
247 CH. 19—INSURANCE § 1970

the uniformed service concerned an amount determined by the Secretary (which shall be the same for all such members) as the share

of the cost attributable to insuring the spouse of such member

under this policy, less any costs traceable to the extra hazards of

such duty in the uniformed services. Any amounts so contributed

on behalf of any individual shall be collected by the Secretary concerned from such individual (by deduction from pay or otherwise)

and shall be credited to the appropriation from which such contribution was made.

(2)(A) The Secretary shall determine the premium amounts to be

charged for life insurance coverage for spouses of members under

this subchapter.

(B) The premium amounts shall be determined on the basis of

sound actuarial principles and shall include an amount necessary

to cover the administrative costs to the insurer or insurers providing such insurance.

(C) Each premium rate for the first policy year shall be continued

for subsequent policy years, except that the rate may be adjusted

for any such subsequent policy year on the basis of the experience

under the policy, as determined by the Secretary in advance of that

policy year.

(h) Any overpayment of a premium for insurance coverage for an

insurable dependent of a member that is terminated under section

1968(a)(5) of this title shall be refunded to the member.

(Added P.L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 881, § 769; amended P.L. 91–

291, § 4, June 25, 1970, 84 Stat. 329; P.L. 93–289, §§ 6, 10(2), May 24, 1974, 88 Stat.

168, 172; P.L. 97–66, § 402, Oct. 17, 1981, 95 Stat. 1031; P.L. 99–576, § 701(39), Oct.

28, 1986, 100 Stat. 3293; P.L. 100–322, § 332(a), May 20, 1988, 102 Stat. 537; renumbered § 1969 and amended P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 404–406; P.L. 103–337, § 651(d), Oct. 5, 1994, 108 Stat. 2793;

P.L. 103–446, § 1201(e)(8), (i)(3), Nov. 2, 1994, 108 Stat. 4685, 4688; P.L. 104–106,

§ 647(a), Feb. 10, 1996, 110 Stat. 370; P.L. 104–275, §§ 402(d), 405(b)(1)(C), Oct. 9,

1996, 110 Stat. 3337, 3339; P.L. 106–419, § 331(b), Nov. 1, 2000, 114 Stat. 1855; P.L.

107–14, § 4(d), June 5, 2001, 115 Stat. 29.)

§ 1970. Beneficiaries; payment of insurance

(a) Any amount of insurance under this subchapter in force on

any member or former member on the date of the insured’s death

shall be paid, upon the establishment of a valid claim therefor, to

the person or persons surviving at the date of the insured’s death,

in the following order of precedence:

First, to the beneficiary or beneficiaries as the member or former

member may have designated by a writing received prior to death

(1) in the uniformed services if insured under Servicemembers’

Group Life Insurance, or (2) in the administrative office established

under section 1966(b) of this title if separated or released from

service, or if assigned to the Retired Reserve, and insured under

Servicemembers’ Group Life Insurance, or if insured under Veterans’ Group Life Insurance;

Second, if there be no such beneficiary, to the widow or widower

of such member or former member;

Third, if none of the above, to the child or children of such member or former member and descendants of deceased children by representation;
§ 1970 CH. 19—INSURANCE 248

Fourth, if none of the above, to the parents of such member or

former member or the survivor of them;

Fifth, if none of the above, to the duly appointed executor or administrator of the estate of such member or former member;

Sixth, if none of the above, to other next of kin of such member

or former member entitled under the laws of domicile of such member or former member at the time of the insured’s death.

(b) If any person otherwise entitled to payment under this section does not make claim therefor within one year after the death

of the member or former member, or if payment to such person

within that period is prohibited by Federal statute or regulation,

payment may be made in the order of precedence as if such person

had predeceased the member or former member, and any such payment shall be a bar to recovery by any other person.

(c) If, within two years after the death of the member or former

member, no claim for payment has been filed by any person entitled under the order of precedence set forth in this section, and neither the Secretary nor the administrative office established by the

insurance company or companies pursuant to section 1966(b) of

this title has received any notice that any such claim will be made,

payment may be made to a claimant as may in the judgment of the

Secretary be equitably entitled thereto, and such payment shall be

a bar to recovery by any other person.

(d) The member may elect settlement of insurance under this

subchapter either in a lump sum or in thirty-six equal monthly installments. If no such election is made by the member the beneficiary or beneficiaries may elect settlement either in a lump sum

or in thirty-six equal monthly installments. If the member has

elected settlement in a lump sum, the beneficiary or beneficiaries

may elect settlement in thirty-six equal monthly installments.

(e) Until and unless otherwise changed, a beneficiary designation

and settlement option filed by a member with the member’s uniformed service under prior provisions of law will be effective with

respect to the increased insurance authorized under the Veterans’ Insurance Act of 1974 and the insurance shall be settled in the

same proportionate amount as the portion designated for such beneficiary or beneficiaries bore to the amount of insurance heretofore

in effect.

(f) Notwithstanding the provisions of any other law, payment of

matured Servicemembers’ Group Life Insurance or Veterans’ Group

Life Insurance benefits may be made directly to a minor, widow or

widower on the member’s own behalf, and payment in such case

shall be a complete acquittance to the insurer.

(g) Any payments due or to become due under Servicemembers’ Group Life Insurance or Veterans’ Group Life Insurance made to,

or on account of, an insured or a beneficiary shall be exempt from

taxation, shall be exempt from the claims of creditors, and shall not

be liable to attachment, levy, or seizure by or under any legal or

equitable process whatever, either before or after receipt by the

beneficiary. The preceding sentence shall not apply to (1) collection

of amounts not deducted from the member’s pay, or collected from

the member by the Secretary concerned under section 1969(a) of

this title, (2) levy under subchapter D of chapter 64 of the Internal

Revenue Code of 1986 (26 U.S.C. 6331 et seq.) (relating to the sei-
249 CH. 19—INSURANCE § 1971

zure of property for collection of taxes), and (3) the taxation of any

property purchased in part or wholly out of such payments.

(h) Insurance payable under this subchapter may not be paid in

any amount to the extent that such amount would escheat to a

State. Payment of insurance under this subchapter may not be

made to the estate of the insured or the estate of any beneficiary

of the insured unless it is affirmatively shown that any amount to

be paid will not escheat to a State. Any amount to be paid under

this subchapter shall be reduced to the extent necessary to comply

with this subsection.

(i) Any amount of insurance in force on an insurable dependent

of a member under this subchapter on the date of the dependent’s

death shall be paid, upon the establishment of a valid claim therefor, to the member or, in the event of the member’s death before

payment to the member can be made, then to the person or persons

entitled to receive payment of the proceeds of insurance on the

member’s life under this subchapter.

(Added P.L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 883, § 770; amended P.L. 91–

291, § 5, June 25, 1970, 84 Stat. 330; P.L. 93–289, § 7, May 24, 1974, 88 Stat. 169;

P.L. 97–295, § 4(31), Oct. 12, 1982, 96 Stat. 1307; P.L. 97–306, § 401(a), Oct. 14,

1982, 96 Stat. 1442; P.L. 99–576, § 701(40), Oct. 28, 1986, 100 Stat. 3294; P.L. 102–

54, § 14(b)(17), June 13, 1991, 105 Stat. 284; renumbered § 1970 and amended P.L.

102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 104–275,

§ 405(b)(1)(D), Oct. 9, 1996, 110 Stat. 3339; P.L. 105–368, Nov. 11, 1998, § 302(b),

112 Stat. 3333; P.L. 107–14, § 4(e), June 5, 2001, 115 Stat. 29.)

§ 1971. Basic tables of premiums; readjustment of rates

(a) Each policy or policies purchased under section 1966 of this

title shall include for the first policy year a schedule of basic premium rates by age which the Secretary shall have determined on

a basis consistent with the lowest schedule of basic premium rates

generally charged for new group life insurance policies issued to

large employers, this schedule of basic premium rates by age to be

applied, except as otherwise provided in this section, to the distribution by age of the amount of group life insurance under the

policy at its date of issue to determine an average basic premium

per $1,000 of insurance. Each policy so purchased shall also include

provisions whereby the basic rates of premium determined for the

first policy year shall be continued for subsequent policy years, except that they may be readjusted for any subsequent year, based

on the experience under the policy, such readjustment to be made

by the insurance company or companies issuing the policy on a

basis determined by the Secretary in advance of such year to be

consistent with the general practice of life insurance companies

under policies of group life insurance issued to large employers.

(b) The total premiums for Servicemembers’ Group Life Insurance shall be the sum of the amounts computed according to the

provisions of subsection (a) above and the estimated cost traceable

to the extra hazard of active duty in the uniformed services as determined by the Secretary, subject to the provision that such estimated costs traceable to the extra hazard shall be retroactively readjusted annually in accordance with section 1969(b).

(c) Each policy so purchased shall include a provision that, in the

event the Secretary determines that ascertaining the actual age

distribution of the amounts of group life insurance in force at the
§ 1971 CH. 19—INSURANCE 250

date of issue of the policy or at the end of the first or any subsequent year of insurance thereunder would not be possible except at

a disproportionately high expense, the Secretary may approve the

determination of a tentative average group life premium, for the

first or any subsequent policy year, in lieu of using the actual age

distribution. Such tentative average premium rate shall be redetermined by the Secretary during any policy year upon request by the

insurance company or companies issuing the policy, if experience

indicates that the assumptions made in determining the tentative

average premium rate for that policy year were incorrect.

(d) Each policy so purchased shall contain a provision stipulating

the maximum expense and risk charges for the first policy year,

which charges shall have been determined by the Secretary on a

basis consistent with the general level of such charges made by life

insurance companies under policies of group life insurance issued

to large employers. Such maximum charges shall be continued from

year to year, except that the Secretary may redetermine such maximum charges for any year either by agreement with the insurance

company or companies issuing the policy or upon written notice

given by the Secretary to such companies at least one year in advance of the beginning of the year for which such redetermined

maximum charges will be effective.

(e) Each such policy shall provide for an accounting to the Secretary not later than ninety days after the end of each policy year,

which shall set forth, in a form approved by the Secretary, (1) the

amounts of premiums actually accrued under the policy from its

date of issue to the end of such policy year, (2) the total of all mortality and other claim charges incurred for that period, and (3) the

amounts of the insurers’ expense and risk charge for that period.

Any excess of the total of item (1) over the sum of items (2) and

(3) shall be held by the insurance company or companies issuing

the policy as a special contingency reserve to be used by such insurance company or companies for charges under such policy only,

such reserve to bear interest at a rate to be determined in advance

of each policy year by the insurance company or companies issuing

the policy, which rate shall be approved by the Secretary as being

consistent with the rates generally used by such company or companies for similar funds held under other group life insurance policies. If and when the Secretary determines that such special contingency reserve has attained an amount estimated by the Secretary to make satisfactory provision for adverse fluctuations in future charges under the policy, any further excess shall be deposited

to the credit of the revolving fund established under section

1969(d)(1) of this title. If and when such policy is discontinued, and

if after all charges have been made, there is any positive balance

remaining in such special contingency reserve, such balance shall

be deposited to the credit of the revolving fund, subject to the right

of the insurance company or companies issuing the policy to make

such deposit in equal monthly installments over a period of not

more than two years.

(Added P.L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 884, § 771; amended P.L. 93–

289, § 8, May 24, 1974, 88 Stat. 169; renumbered § 1971 and amended P.L. 102–83,

§§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 104–275,

§ 405(b)(1)(E), Oct. 9, 1996, 110 Stat. 3339.)
251 CH. 19—INSURANCE § 1974

§ 1972. Benefit certificates

The Secretary shall arrange to have each member insured under

a policy purchased under section 1966 of this title receive a certificate setting forth the benefits to which the member is entitled

thereunder, to whom such benefit shall be payable, to whom claims

should be submitted, and summarizing the provisions of the policy

principally affecting the member. Such certificate shall be in lieu

of the certificate which the insurance company or companies would

otherwise be required to issue.

(Added P.L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 885, § 772; renumbered § 1972

and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–

406.)

§ 1973. Forfeiture

Any person guilty of mutiny, treason, spying, or desertion, or

who, because of conscientious objections, refuses to perform service

in the Armed Forces of the United States or refuses to wear the

uniform of such force, shall forfeit all rights to Servicemembers’

Group Life Insurance under this subchapter. No such insurance

shall be payable for death inflicted as a lawful punishment for

crime or for military or naval offense, except when inflicted by an

enemy of the United States.

(Added P.L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 885, § 773; renumbered § 1973,

P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; P.L. 104–275, § 405(b)(1)(F), Oct.

9, 1996, 110 Stat. 3339.)

§ 1974. Advisory Council on Servicemembers’ Group Life

Insurance

(a) There is an Advisory Council on Servicemembers’ Group Life

Insurance. The council consist of—

(1) the Secretary of the Treasury, who is the chairman if the

council;

(2) the Secretary of Defense;

(3) the Secretary of Commerce;

(4) the Secretary of Health and Human Services;

(5) the Secretary of Transportation; and

(6) the Director of the Office of Management and Budget.

Members of the council shall serve without additional compensation.

(b) The council shall meet at least once a year, or more often at

the call of the Secretary of Veterans Affairs. The council shall review the operations of the Department under this subchapter and

shall advise the Secretary on matters of policy relating to the Secretary’s activities under this subchapter.

(Added P.L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 885, § 774; amended P.L. 91–

291, § 6, June 25, 1970, 84 Stat. 331; P.L. 93–289, § 10(3), May 24, 1974, 88 Stat.

172; P.L. 97–295, § 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; P.L. 99–576, § 701(41),

Oct. 28, 1986, 100 Stat. 3294; P.L. 102–54, § 14(b)(18), June 13, 1991, 105 Stat. 284;

renumbered § 1974, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; P.L. 104–275,

§ 405(b)(1)(G), (b)(2)(B), Oct. 9, 1996, 110 Stat. 3339.)
§ 1975 CH. 19—INSURANCE 252

§ 1975. Jurisdiction of District Courts

The district courts of the United States shall have original jurisdiction of any civil action or claim against the United States founded upon this subchapter.

(Added P.L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 885, § 775; renumbered § 1975,

P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 1976. Effective date

The insurance provided for in this subchapter and the deductions

and contributions for that purpose shall take effect on the date designated by the Secretary and certified by the Secretary to each Secretary concerned.

(Added P.L. 89–214, § 1(a), Sept. 29, 1965, 79 Stat. 885, § 776; amended P.L. 99– 576, § 701(42), Oct. 28, 1986, 100 Stat. 3294; renumbered § 1976 and amended P.L.

102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1977. Veterans’ Group Life Insurance

(a)(1) Veterans’ Group Life Insurance shall be issued in the

amounts specified in section 1967(a) of this title. In the case of any

individual, the amount of Veterans’ Group Life Insurance may not

exceed the amount of Servicemembers’ Group Life Insurance coverage continued in force after the expiration of the period of duty

or travel under section 1967(b) or 1968(a) of this title. No person

may carry a combined amount of Servicemembers’ Group Life Insurance and Veterans’ Group Life Insurance in excess of $250,000

at any one time.

(2) If any person insured under Veterans’ Group Life Insurance

again becomes insured under Servicemembers’ Group Life Insurance but dies before terminating or converting such person’s Veterans’ Group Insurance, Veterans’ Group Life Insurance shall be payable only if such person is insured for less than $250,000 under

Servicemembers’ Group Life Insurance, and then only in an

amount which, when added to the amount of Servicemembers’

Group Life Insurance payable, does not exceed $250,000.

(b) Veterans’ Group Life Insurance shall (1) provide protection

against death; (2) be issued on a renewable five-year term basis;

(3) have no cash, loan, paid-up, or extended values; (4) except as

otherwise provided, lapse for nonpayment of premiums; and (5)

contain such other terms and conditions as the Secretary determines to be reasonable and practicable which are not specifically

provided for in this section, including any provisions of this subchapter not specifically made inapplicable by the provisions of this

section.

(c) The premiums for Veterans’ Group Life Insurance shall be established under the criteria set forth in sections 1971(a) and (c) of

this title, except that the Secretary may provide for average premiums for such various age groupings as the Secretary may decide

to be necessary according to sound actuarial principles, and shall

include an amount necessary to cover the administrative cost of

such insurance to the company or companies issuing such insurance. Such premiums shall be payable by the insureds thereunder

as provided by the Secretary directly to the administrative office

established for such insurance under section 1966(b) of this title.
253 CH. 19—INSURANCE § 1977

In any case in which a member or former member who was mentally incompetent on the date such member or former member first

became insured under Veterans’ Group Life Insurance dies within

one year of such date, such insurance shall be deemed not to have

lapsed for nonpayment of premiums and to have been in force on

the date of death. Where insurance is in force under the preceding

sentence, any unpaid premiums may be deducted from the proceeds

of the insurance. Any person who claims eligibility for Veterans’

Group Life Insurance based on disability incurred during a period

of duty shall be required to submit evidence of qualifying health

conditions and, if required, to submit to physical examinations at

their own expense.

(d) Any amount of Veterans’ Group Life Insurance in force on

any person on the date of such person’s death shall be paid, upon

the establishment of a valid claim therefor, pursuant to the provisions of section 1970 of this title. However, any designation of beneficiary or beneficiaries for Servicemembers’ Group Life Insurance

filed with a uniformed service until changed, shall be considered a

designation of beneficiary or beneficiaries for Veterans’ Group Life

Insurance, but not for more than sixty days after the effective date

of the insured’s Veterans’ Group Insurance, unless at the end of

such sixty-day period, the insured is incompetent in which event

such designation may continue in force until the disability is removed but not for more than five years after the effective date of

the insured’s Veterans’ Group Life Insurance. Except as indicated

above in incompetent cases, after such sixty-day period, any designation of beneficiary or beneficiaries for Veterans’ Group Life Insurance to be effective must be by a writing signed by the insured

and received by the administrative office established under section

1966(b) of this title.

(e) An insured under Veterans’ Group Life Insurance shall have

the right at any time to convert such insurance to an individual

policy of life insurance upon written application for conversion

made to the participating company the insured selects and payment of the required premiums. The individual policy will be

issued without medical examination on a plan then currently written by such company which does not provide for the payment of

any sum less than the face value thereof or for the payment of an

additional amount as premiums in the event the insured performs

active duty, active duty for training, or inactive duty training. The

Veterans’ Group Life Insurance policy converted to an individual

policy under this subsection shall terminate on the day before the

date on which the individual policy becomes effective. Upon request

to the administrative office established under section 1966(b) of

this title, an insured under Veterans’ Group Life Insurance shall

be furnished a list of life insurance companies participating in the

program established under this subchapter. In addition to the life

insurance companies participating in the program established

under this subchapter, the list furnished to an insured under this

section shall include additional life insurance companies (not so

participating) which meet qualifying criteria, terms, and conditions

established by the Secretary and agree to sell insurance to former

members in accordance with the provisions of this section.
§ 1977 CH. 19—INSURANCE 254

(f) The provisions of subsections (d) and (e) of section 1971 of this

title shall be applicable to Veterans’ Group Life Insurance. However, a separate accounting shall be required for each program of

insurance authorized under this subchapter. In such accounting,

the Secretary is authorized to allocate claims and other costs

among such programs of insurance according to accepted actuarial

principles.

(g) Any person whose Servicemembers’ Group Life Insurance was

continued in force after termination of duty or discharge from service under the law as in effect prior to the date on which the Veterans’ Group Life Insurance program (provided for under section

1977 of this title) became effective, and whose coverage under

Servicemembers’ Group Life Insurance terminated less than four

years prior to such date, shall be eligible within one year from the

effective date of the Veterans’ Group Life Insurance program to

apply for and be granted Veterans’ Group Life Insurance in an

amount equal to the amount of the insured’s Servicemembers’ Group Life Insurance which was not converted to an individual policy under prior law. Veterans’ Group Life Insurance issued under

this subsection shall be issued for a term period equal to five years,

less the time elapsing between the termination of the applicant’s

Servicemembers’ Group Life Insurance and the effective date on

which the Veterans’ Group Life Insurance program became effective. Veterans’ Group Life Insurance under this subsection shall

only be issued upon application to the administrative office established under section 1966(b) of this title, payment of the required

premium, and proof of good health satisfactory to that office, which

proof shall be submitted at the applicant’s own expense. Any person who cannot meet the good health requirements for insurance

under this subsection solely because of a service-connected disability shall have such disability waived. For each month for which

any eligible veteran, whose service-connected disabilities are

waived, is insured under this subsection there shall be contributed

to the insurer or insurers issuing the policy or policies from the appropriation ‘‘Compensation and Pensions, Department of Veterans

Affairs’’ an amount necessary to cover the cost of the insurance in

excess of the premiums established for eligible veterans, including

the cost of the excess mortality attributable to such veteran’s service-connected disabilities. The Secretary may establish, as the Secretary may determine to be necessary according to sound actuarial

principles, a separate premium, age groupings for premium purposes, accounting, and reserves, for persons granted insurance

under this subsection different from those established for other persons granted insurance under this section. Appropriations to carry

out the purpose of this section are hereby authorized.

(h)(1) Notwithstanding any other provision of law, members of

the Individual Ready Reserve and the Inactive National Guard are

eligible to be insured under Veterans’ Group Life Insurance. Any

such member shall be so insured upon submission of an application

in the manner prescribed by the Secretary and the payment of premiums as required under this section.

(2) In acccordance with subsection (b), Veterans’ Group Life Insurance coverage under this subsection shall be issued on a renewable five-year term basis, but the person insured must remain a
255 CH. 19—INSURANCE § 1980

member of the Individual Ready Reserve or Inactive National

Guard throughout the period of the insurance in order for the insurance of such person to be renewed.

(3) For the purpose of this subsection, the terms ‘‘Individual

Ready Reserve’’ and ‘‘Inactive National Guard’’ shall have the

meanings prescribed by the Secretary in consultation with the Secretary of Defense.

(Added P.L. 93–289, § 9(a), May 24, 1974, 88 Stat. 169, § 777; amended P.L. 97–66,

§ 401(b), Oct. 17, 1981, 95 Stat. 1031; P.L. 99–166, § 401(b), Dec. 3, 1985, 99 Stat.

957; P.L. 99–576, § 701(43), Oct. 28, 1986, 100 Stat. 3294; P.L. 102–25, § 336(b), Apr.

6, 1991, 105 Stat. 90; renumbered § 1977 and amended P.L. 102–83, §§ 4(a)(2)(B)(iii),

(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403–406; P.L. 102–568, § 202, Oct.

29, 1992, 106 Stat. 4324; P.L. 103–446, § 1201(e)(9), Nov. 2, 1994, 108 Stat. 4685;

P.L. 104–275, §§ 403(b), 405(b)(1)(H), 406, Oct. 9, 1996, 110 Stat. 3338, 3339, 3340;

P.L. 106–419, § 312(b), Nov. 1, 2000, 114 Stat. 1854.)

§ 1978. Reinstatement

Reinstatement of insurance coverage granted under this subchapter but lapsed for nonpayment of premiums shall be under

terms and conditions prescribed by the Secretary.

(Added P.L. 93–289, § 9(a), May 24, 1974, 88 Stat. 172, § 778; renumbered § 1978

and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1979. Incontestability

Subject to the provision of section 1973 of this title, insurance

coverage granted under this subchapter shall be incontestable from

the date of issue, reinstatement, or conversion except for fraud or

nonpayment of premium.

(Added P.L. 93–289, § 9(a), May 24, 1974, 88 Stat. 172, § 779; renumbered § 1979

and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 1980. Option to receive accelerated death benefit

(a) For the purpose of this section, a person shall be considered

to be terminally ill if the person has a medical prognosis such that

the life expectancy of the person is less than a period prescribed

by the Secretary. The maximum length of such period may not exceed 12 months.

(b)(1) A terminally ill person insured under Servicemembers’

Group Life Insurance or Veterans’ Group Life Insurance may elect

to receive in a lump-sum payment a portion of the face value of the

insurance as an accelerated death benefit reduced by an amount

necessary to assure that there is no increase in the actuarial value

of the benefit paid, as determined by the Secretary.

(2) The Secretary shall prescribe the maximum amount of the accelerated death benefit available under this section that the Secretary finds to be administratively practicable and actuarially

sound, but in no event may the amount of the benefit exceed the

amount equal to 50 percent of the face value of the person’s insurance in force on the date the election of the person to receive the

benefit is approved.

(3) A person making an election under this section may elect to

receive an amount that is less than the maximum amount prescribed under paragraph (2). The Secretary shall prescribe the increments in which a reduced amount under this paragraph may be

elected.
§ 1980 CH. 19—INSURANCE 256

(c) The portion of the face value of insurance which is not paid

in a lump sum as an accelerated death benefit under this section

shall remain payable in accordance with the provisions of this

chapter.

(d) Deductions under section 1969 of this title and premiums

under section 1977(c) of this title shall be reduced, in a manner

consistent with the percentage reduction in the face value of the insurance as a result of payment of an accelerated death benefit

under this section, effective with respect to any amounts which

would otherwise become due on or after the date of payment under

this section.

(e) The Secretary shall prescribe regulations to carry out this section. Such regulations shall include provisions regarding— (1) the form and manner in which an application for an election under this section shall be made; and

(2) the procedures under which any such application shall be

considered.

(f)(1) An election to receive a benefit under this section shall be

irrevocable.

(2) A person may not make more than one election under this

section, even if the election of the person is to receive less than the

maximum amount of the benefit available to the person under this

section.

(g) If a person insured under Servicemembers’ Group Life Insurance elects to receive a benefit under this section and the person’s

Servicemembers’ Group Life Insurance is thereafter converted to

Veterans’ Group Life Insurance as provided in section 1968(b) of

this title, the amount of the benefit paid under this section shall

reduce the amount of Veterans’ Group Life Insurance available to

the person under section 1977(a) of this title.

(h) Notwithstanding any other provision of law, the amount of

the accelerated death benefit received by a person under this section shall not be considered income or resources for purposes of determining eligibility for or the amount of benefits under any Federal or federally-assisted program or for any other purpose.

(Added P.L. 105–368, § 302(a)(1), Nov. 11, 1998, 112 Stat. 3332.)

SUBCHAPTER IV—GENERAL

§ 1981. Replacement of surrendered and expired insurance

(a) Any person who surrendered a policy of National Service Life

Insurance or United States Government life insurance on a permanent plan for its cash value while in the active service after April

24, 1951, and before January 1, 1957, who was entitled on December 31, 1958, to reinstate or replace such insurance under section

623 of the National Service Life Insurance Act of 1940, may, upon

application in writing made while on continuous active duty which

began before January 1, 1959, or within one hundred and twenty

days after separation therefrom, be granted, without medical examination, permanent plan insurance on the same plan not in excess

of the amount surrendered for cash, or may reinstate such surrendered insurance upon payment of the required reserve and the premium for the current month. Waiver of premiums and total disability income benefits otherwise authorized under this chapter
257 CH. 19—INSURANCE § 1983

shall not be denied in any case of issue or reinstatement of insurance on a permanent plan under this section or the prior corresponding provision of law in which it is shown to the satisfaction

of the Secretary that total disability of the applicant began before

the date of application. The cost of the premiums waived and total

disability income benefits paid by virtue of the preceding sentence

and the excess mortality cost in any case where the insurance matures by death from such total disability shall be borne by the

United States and the Secretary shall transfer from time to time

from the National Service Life Insurance appropriation to the National Service Life Insurance Fund and from the military and naval

insurance appropriation to the United States Government Life Insurance Fund such sums as may be necessary to reimburse the

funds for such costs.

(b) Any person who had United States Government life insurance

or National Service Life Insurance on the five-year level premium

term plan, the term of which expired while such person was in the

active service after April 25, 1951, or within one hundred and

twenty days after separation from such active service, and in either

case before January 1, 1957, who was entitled on December 31,

1958, to replace such insurance under section 623 of the National

Service Life Insurance Act of 1940, shall, upon application made

while on continuous active duty which began before January 1,

1959, or within one hundred and twenty days after separation

therefrom, payment of premiums and evidence of good health satisfactory to the Secretary, be granted an equivalent amount of insurance on the five-year level premium term plan at the premium rate

for such person’s then attained age.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1164, § 781; P.L. 99–576, § 701(44), Oct. 28,

1986, 100 Stat. 3294; renumbered § 1981 and amended P.L. 102–83, §§ 4(b)(1),

(2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1982. Administrative cost

The United States shall bear the cost of administration in connection with this chapter, including expenses for medical examinations, inspections when necessary, printing and binding, and for

such other expenditures as are necessary in the discretion of the

Secretary.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1165, § 782; renumbered § 1982 and amended

P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1983. Settlements for minors or incompetents

When an optional mode of settlement of National Service Life Insurance or United States Government life insurance heretofore or

hereafter matured is available to a beneficiary who is a minor or

incompetent, such option may be exercised by such beneficiary’s fiduciary, person qualified under the Act of February 25, 1933 (25

U.S.C. 14), or person recognized by the Secretary as having custody

of the person or the estate of such beneficiary, and the obligation

of the United States under the insurance contract shall be fully

satisfied by payment of benefits in accordance with the mode of settlement so selected.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1165, § 783; P.L. 99–576, § 701(45), Oct. 28,

1986, 100 Stat. 3294; P.L. 102–54, § 14(b)(19), June 13, 1991, 105 Stat. 284; renum-
§ 1983 CH. 19—INSURANCE 258

bered § 1983 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105

Stat. 404–406.)

§ 1984. Suits on insurance

(a) In the event of disagreement as to claim, including claim for

refund of premiums, under contract of National Service Life Insurance, United States Government life insurance, or yearly renewable term insurance between the Secretary and any person or persons claiming thereunder an action on the claim may be brought

against the United States either in the United States District

Court for the District of Columbia or in the district court of the

United States in and for the district in which such person or any

one of them resides, and jurisdiction is conferred upon such courts

to hear and determine all such controversies. All persons having or

claiming to have an interest in such insurance may be made parties to such suit, and such as are not inhabitants of or found within

the district in which suit is brought may be brought in by order

of the court to be served personally or by publication or in such

other reasonable manner as the court may direct. In all cases

where the Secretary acknowledges the indebtedness of the United

States upon any such contract of insurance and there is a dispute

as to the person or persons entitled to payment, a suit in the nature of a bill of interpleader may be brought at the request of the

Secretary in the name of the United States against all persons having or claiming to have any interest in such insurance in the

United States District Court for the District of Columbia or in the

district court in and for the district in which any such claimant resides; however, no less than thirty days before instituting such suit

the Secretary shall mail a notice of such intention to each of the

persons to be made parties to the suit. The courts of appeals for

the several circuits, including the District of Columbia, shall respectively exercise appellate jurisdiction and, except as provided in

section 1254 of title 28, the decrees of such courts of appeals shall

be final.

(b) No suit on yearly renewable term insurance, United States

Government life insurance, or National Service Life Insurance shall

be allowed under this section unless the same shall have been

brought within six years after the right accrued for which the claim

is made. For the purposes of this section it shall be deemed that

the right accrued on the happening of the contingency on which the

claim is founded. The limitation of six years is suspended for the

period elapsing between the filing with the Secretary of the claim

sued upon and the denial of the claim. However, if a claim is timely

filed the claimant shall have not less than ninety days from the

date of mailing of notice of denial within which to file suit. After

June 28, 1936, notice of denial of the claim under a contract of insurance shall be by registered mail or by certified mail directed to

the claimant’s last address of record. Infants, insane persons, or

persons under other legal disability, or persons rated as incompetent or insane by the Secretary shall have three years in which

to bring suit after the removal of their disabilities. If suit is seasonably begun and fails for defect in process, or for other reasons not

affecting the merits, a new action, if one lies, may be brought within a year though the period of limitation has elapsed. No State or
259 CH. 19—INSURANCE § 1984

other statute of limitations shall be applicable to suits filed under

this section.

(c) In any suit, action, or proceeding brought under the provisions of this section subpenas for witnesses who are required to attend a court of the United States in any district may run into any

other district. However, no writ of subpena shall issue for witnesses living out of the district in which the court is held at a

greater distance than one hundred miles from the place of holding

the same without the permission of the court being first had upon

proper application and cause shown. The word ‘‘district’’ and the

words ‘‘district court’’ as used in this section shall be construed to

include the District of Columbia and the United States District

Court for the District of Columbia.

(d) Attorneys of the Department, when assigned to assist in the

trial of cases, and employees of the Department when ordered in

writing by the Secretary to appear as witnesses, shall be paid the

regular travel and subsistence allowance paid to other employees

when on official travel status.

(e) Part-time and fee-basis employees of the Department, in addition to their regular travel and subsistence allowance, when ordered in writing by the Secretary to appear as witnesses in suits

under this section, may be allowed, within the discretion and under

written orders of the Secretary, a fee in an amount not to exceed

$50 per day.

(f) Employees of the Department who are subpenaed to attend

the trial of any suit, under the provisions of this section, as witnesses for a party to such suit shall be granted court leave or authorized absence, as applicable, for the period they are required to

be away from the Department in answer to such subpenas.

(g) Whenever a judgment or decree shall be rendered in an action

brought under the provisions of this section, the court, as a part

of its judgment or decree, shall determine and allow reasonable

fees for the attorneys of the successful party or parties and apportion same if proper, said fees not to exceed 10 per centum of the

amount recovered and to be paid by the Department out of the payments to be made under the judgment or decree at a rate not exceeding one-tenth of each of such payments until paid; except that,

in a suit brought by or on behalf of an insured during the insured’s

lifetime for waiver of premiums on account of total disability, the

court, as part of its judgment or decree, shall determine and allow

a reasonable fee to be paid by the insured to the insured’s attorney.

(h) The term ‘‘claim’’ as used in this section means any writing

which uses words showing an intention to claim insurance benefits;

and the term ‘‘disagreement’’ means a denial of the claim, after

consideration on its merits, by the Secretary or any employee or organizational unit of the Department heretofore or hereafter designated therefor by the Secretary.

(i) The Attorney General of the United States is authorized to

agree to a judgment to be rendered by the chief judge of the United

States court having jurisdiction of the case, pursuant to compromise approved by the Attorney General upon the recommendation of the United States attorney charged with the defense, upon

such terms and for sums within the amount claimed to be payable,

in any suit brought under the provisions of this section, on a con-
§ 1984 CH. 19—INSURANCE 260

tract of yearly renewable term insurance, and the Secretary shall

make payments in accordance with any such judgment. The Comptroller General of the United States shall allow credit in the accounts of disbursing officers for all payments of insurance made in

accordance with any such judgment. All such judgments shall constitute final settlement of the claim and no appeal therefrom shall

be authorized.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1165, § 784; P.L. 86–507, § 1(32), June 11, 1960,

74 Stat. 202; P.L. 97–295, § 4(32), Oct. 12, 1982, 96 Stat. 1307; P.L. 99–576,

§ 701(46), Oct. 28, 1986, 100 Stat. 3294; renumbered § 1984 and amended P.L. 102–

83, §§ 4(a)(2)(A)(iii)(VII), (VIII), (D)(ii), (3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105

Stat. 403–406.)

§ 1985. Decisions by the Secretary

Except in the event of suit as provided in section 1984 of this

title, or other appropriate court proceedings, all decisions rendered

by the Secretary under the provisions of this chapter shall be final

and conclusive on all questions of law or fact, and no other official

of the United States shall have jurisdiction to review any such decisions.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1167, § 785; renumbered § 1985 and amended

P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

§ 1986. Deposits in and disbursements from trust funds

All cash balances in the United States Government Life Insurance Fund and the National Service Life Insurance Fund on

January 1, 1959, together with all moneys thereafter accruing to

such funds, including premiums, appropriated moneys, the proceeds of any sales of investments which may be necessary to meet

current expenditures, and interest on investments, shall be available for disbursement for meeting all expenditures and making investments authorized to be made from such funds.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1167, § 786; renumbered § 1986, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 1987. Penalties

(a) Any person who shall knowingly make or cause to be made,

or conspire, combine, aid, or assist in, agree to, arrange for, or in

anywise procure the making or presentation of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper,

or writing purporting to be such, concerning any application for insurance or reinstatement thereof, waiver of premiums or claim for

benefits under National Service Life Insurance, United States

Government life insurance, or yearly renewable term insurance for

any person, shall be fined not more than $1,000, or be imprisoned

for not more than one year, or both.

(b) Whoever in any claim for National Service Life Insurance,

United States Government life insurance, or yearly renewable term

insurance makes any sworn statement of a material fact knowing

it to be false, shall be guilty of perjury and shall be fined not more

than $5,000, or be imprisoned for not more than two years, or both.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1167, § 787; P.L. 99–576, § 701(47), Oct. 28,

1986, 100 Stat. 3294; renumbered § 1987, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat.

406.)
261 CH. 19—INSURANCE § 1988

§ 1988. Savings provision

Nothing in this title or any amendment or repeal made by the

Act enacting this title shall affect any right, remedy, liability, authorization or requirement pertaining to Government insurance,

the respective insurance funds, or the insurance appropriations,

authorized or prescribed under the provisions of the War Risk Insurance Act, the World War Veterans’ Act, 1924, the National Service Life Insurance Act of 1940, or any related Act, which was in effect on December 31, 1958.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1167, § 788; renumbered § 1988, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)
(262)

CHAPTER 20—BENEFITS FOR HOMELESS VETERANS

SUBCHAPTER I—PURPOSE; DEFINITIONS; ADMINISTRATIVE MATTERS

Sec.

2001. Purpose.

2002. Definitions.

2003. Staffing requirements.

SUBCHAPTER II—COMPREHENSIVE SERVICE PROGRAMS

2011. Grants.

2012. Per diem payments.

2013. Authorization of appropriations.

SUBCHAPTER III—TRAINING AND OUTREACH

2021. Homeless veterans reintegration programs.

2022. Coordination of outreach services for veterans at risk of homelessness.

2023. Demonstration program of referral and counseling for veterans

transitioning from certain institutions who are at risk for homelessness.

SUBCHAPTER IV—TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY ILL AND

HOMELESS VETERANS

2031. General treatment.

2032. Therapeutic housing.

2033. Additional services at certain locations.

2034. Coordination with other agencies and organizations.

SUBCHAPTER V—HOUSING ASSISTANCE

2041. Housing assistance for homeless veterans.

2042. Supported housing for veterans participating in compensated work therapies.

2043. Domiciliary care programs.

SUBCHAPTER VI—LOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL HOUSING

2051. General authority.

2052. Requirements.

2053. Default.

2054. Audit.

SUBCHAPTER VII—OTHER PROVISIONS

2061. Grant program for homeless veterans with special needs.

2062. Dental care.

2063. Employment assistance.

2064. Technical assistance grants for nonprofit community-based groups.

2065. Annual report on assistance to homeless veterans.

2066. Advisory Committee on Homeless Veterans.

SUBCHAPTER I—PURPOSE; DEFINITIONS; ADMINISTRATIVE

MATTERS

§ 2001. Purpose

The purpose of this chapter is to provide for the special needs of

homeless veterans.

(Added P.L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 905.)
263 CH. 20—BENEFITS FOR HOMELESS VETERANS § 2011

§ 2002. Definitions

In this chapter:

(1) The term ‘‘homeless veteran’’ means a veteran who is

homeless (as that term is defined in section 103(a) of the

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)).

(2) The term ‘‘grant and per diem provider’’ means an entity

in receipt of a grant under section 2011 or 2012 of this title.

(Added P.L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 905.)

§ 2003. Staffing requirements

(a) VBA STAFFING AT REGIONAL OFFICES.—The Secretary shall

ensure that there is at least one full-time employee assigned to

oversee and coordinate homeless veterans programs at each of the

20 Veterans Benefits Administration regional offices that the Secretary determines have the largest homeless veteran populations

within the regions of the Administration. The programs covered by

such oversight and coordination include the following:

(1) Housing programs administered by the Secretary under

this title or any other provision of law.

(2) Compensation, pension, vocational rehabilitation, and

education benefits programs administered by the Secretary

under this title or any other provision of law.

(3) The housing program for veterans supported by the Department of Housing and Urban Development.

(4) The homeless veterans reintegration program of the Department of Labor under section 2021 of this title.

(5) The programs under section 2033 of this title.

(6) The assessments required by section 2034 of this title.

(7) Such other programs relating to homeless veterans as

may be specified by the Secretary.

(b) VHA CASE MANAGERS.—The Secretary shall ensure that the

number of case managers in the Veterans Health Administration

is sufficient to assure that every veteran who is provided a housing

voucher through section 8(o) of the United States Housing Act of

1937 (42 U.S.C. 1437f(o)) is assigned to, and is seen as needed by,

a case manager.

(Added P.L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 905.)

SUBCHAPTER II—COMPREHENSIVE SERVICE PROGRAMS

§ 2011. Grants

(a) AUTHORITY TO MAKE GRANTS.—(1) Subject to the availability

of appropriations provided for such purpose, the Secretary shall

make grants to assist eligible entities in establishing programs to

furnish, and expanding or modifying existing programs for furnishing, the following to homeless veterans:

(A) Outreach.

(B) Rehabilitative services.

(C) Vocational counseling and training

(D) Transitional housing assistance.

(2) The authority of the Secretary to make grants under this section expires on September 30, 2005.
§ 2011 CH. 20—BENEFITS FOR HOMELESS VETERANS 264

(b) CRITERIA FOR GRANTS.—The Secretary shall establish criteria

and requirements for grants under this section, including criteria

for entities eligible to receive grants, and shall publish such criteria

and requirements in the Federal Register. The criteria established

under this subsection shall include the following:

(1) Specification as to the kinds of projects for which grants

are available, which shall include— (A) expansion, remodeling, or alteration of existing

buildings, or acquisition of facilities, for use as service centers, transitional housing, or other facilities to serve homeless veterans; and

(B) procurement of vans for use in outreach to and

transportation for homeless veterans for purposes of a program referred to in subsection (a).

(2) Specification as to the number of projects for which

grants are available.

(3) Criteria for staffing for the provision of services under a

project for which grants are made.

(4) Provisions to ensure that grants under this section— (A) shall not result in duplication of ongoing services;

and

(B) to the maximum extent practicable, shall reflect appropriate geographic dispersion and an appropriate balance between urban and other locations.

(5) Provisions to ensure that an entity receiving a grant shall

meet fire and safety requirements established by the Secretary, which shall include—

(A) such State and local requirements that may apply;

and

(B) fire and safety requirements applicable under the

Life Safety Code of the National Fire Protection Association or such other comparable fire and safety requirements

as the Secretary may specify.

(6) Specification as to the means by which an entity receiving a grant may contribute in-kind services to the start-up

costs of a project for which a grant is sought and the methodology for assigning a cost to that contribution for purposes of

subsection (c).

(c) FUNDING LIMITATIONS.—A grant under this section may not

be used to support operational costs. The amount of a grant under

this section may not exceed 65 percent of the estimated cost of the

project concerned.

(d) ELIGIBLE ENTITIES.—The Secretary may make a grant under

this section to an entity applying for such a grant only if the applicant for the grant—

(1) is a public or nonprofit private entity with the capacity

(as determined by the Secretary) to effectively administer a

grant under this section;

(2) demonstrates that adequate financial support will be

available to carry out the project for which the grant is sought

consistent with the plans, specifications, and schedule submitted by the applicant; and

(3) agrees to meet the applicable criteria and requirements

established under subsections (b) and (g) and has, as deter-
265 CH. 20—BENEFITS FOR HOMELESS VETERANS § 2011

mined by the Secretary, the capacity to meet such criteria and

requirements.

(e) APPLICATION REQUIREMENT.—An entity seeking a grant for a

project under this section shall submit to the Secretary an application for the grant. The application shall set forth the following:

(1) The amount of the grant sought for the project.

(2) A description of the site for the project.

(3) Plans, specifications, and the schedule for implementation of the project in accordance with criteria and requirements

prescribed by the Secretary under subsection (b).

(4) Reasonable assurance that upon completion of the work

for which the grant is sought, the project will become operational and the facilities will be used principally to provide to

veterans the services for which the project was designed, and

that not more than 25 percent of the services provided under

the project will be provided to individuals who are not veterans.

(f) PROGRAM REQUIREMENTS.—The Secretary may not make a

grant for a project to an applicant under this section unless the applicant in the application for the grant agrees to each of the following requirements:

(1) To provide the services for which the grant is made at locations accessible to homeless veterans.

(2) To maintain referral networks for homeless veterans for

establishing eligibility for assistance and obtaining services,

under available entitlement and assistance programs, and to

aid such veterans in establishing eligibility for and obtaining

such services.

(3) To ensure the confidentiality of records maintained on

homeless veterans receiving services through the project.

(4) To establish such procedures for fiscal control and fund

accounting as may be necessary to ensure proper disbursement

and accounting with respect to the grant and to such payments

as may be made under section 2012 of this title.

(5) To seek to employ homeless veterans and formerly homeless veterans in positions created for purposes of the grant for

which those veterans are qualified.

(g) SERVICE CENTER REQUIREMENTS.—In addition to criteria and

requirements established under subsection (b), in the case of an application for a grant under this section for a service center for

homeless veterans, the Secretary shall require each of the following:

(1) That such center provide services to homeless veterans

during such hours as the Secretary may specify and be open

to such veterans on an as-needed, unscheduled basis.

(2) That space at such center be made available, as mutually

agreeable, for use by staff of the Department of Veterans Affairs, the Department of Labor, and other appropriate agencies

and organizations in assisting homeless veterans served by

such center.

(3) That such center be equipped and staffed to provide or

to assist in providing health care, mental health services, hygiene facilities, benefits and employment counseling, meals,
§ 2011 CH. 20—BENEFITS FOR HOMELESS VETERANS 266

transportation assistance, and such other services as the Secretary determines necessary.

(4) That such center be equipped and staffed to provide, or

to assist in providing, job training, counseling, and placement

services (including job readiness and literacy and skills training), as well as any outreach and case management services

that may be necessary to carry out this paragraph.

(h) RECOVERY OF UNUSED GRANT FUNDS.—(1) If a grant recipient

under this section does not establish a program in accordance with

this section or ceases to furnish services under such a program for

which the grant was made, the United States shall be entitled to

recover from such recipient the total of all unused grant amounts

made under this section to such recipient in connection with such

program.

(2) Any amount recovered by the United States under paragraph

(1) may be obligated by the Secretary without fiscal year limitation

to carry out provisions of this subchapter.

(3) An amount may not be recovered under paragraph (1) as an

unused grant amount before the end of the three-year period beginning on the date on which the grant is made.

(Added P.L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 906.)

§ 2012. Per diem payments

(a) PER DIEM PAYMENTS FOR FURNISHING SERVICES TO HOMELESS

VETERANS.—(1) Subject to the availability of appropriations provided for such purpose, the Secretary, pursuant to such criteria as

the Secretary shall prescribe, shall provide to a recipient of a grant

under section 2011 of this title (or an entity eligible to receive a

grant under that section which after November 10, 1992, establishes a program that the Secretary determines carries out the purposes described in that section) per diem payments for services furnished to any homeless veteran— (A) whom the Secretary has referred to the grant recipient

(or entity eligible for such a grant); or

(B) for whom the Secretary has authorized the provision of

services.

(2)(A) The rate for such per diem payments shall be the daily

cost of care estimated by the grant recipient or eligible entity adjusted by the Secretary under subparagraph (B). In no case may

the rate determined under this paragraph exceed the rate authorized for State homes for domiciliary care under subsection (a)(1)(A)

of section 1741 of this title, as the Secretary may increase from

time to time under subsection (c) of that section.

(B) The Secretary shall adjust the rate estimated by the grant recipient or eligible entity under subparagraph (A) to exclude other

sources of income described in subparagraph (D) that the grant recipient or eligible entity certifies to be correct.

(C) Each grant recipient or eligible entity shall provide to the

Secretary such information with respect to other sources of income

as the Secretary may require to make the adjustment under subparagraph (B).

(D) The other sources of income referred to in subparagraphs (B)

and (C) are payments to the grant recipient or eligible entity for

furnishing services to homeless veterans under programs other
267 CH. 20—BENEFITS FOR HOMELESS VETERANS § 2013

than under this subchapter, including payments and grants from

other departments and agencies of the United States, from departments or agencies of State or local government, and from private

entities or organizations.

(3) In a case in which the Secretary has authorized the provision

of services, per diem payments under paragraph (1) may be paid

retroactively for services provided not more than three days before

the authorization was provided.

(b) INSPECTIONS.—The Secretary may inspect any facility of a

grant recipient or entity eligible for payments under subsection (a)

at such times as the Secretary considers necessary. No per diem

payment may be provided to a grant recipient or eligible entity

under this section unless the facilities of the grant recipient or eligible entity meet such standards as the Secretary shall prescribe.

(c) LIFE SAFETY CODE.—(1) Except as provided in paragraph (2),

a per diem payment may not be provided under this section to a

grant recipient or eligible entity unless the facilities of the grant

recipient or eligible entity, as the case may be, meet applicable fire

and safety requirements under the Life Safety Code of the National

Fire Protection Association or such other comparable fire and safety requirements as the Secretary may specify.

(2) During the five-year period beginning on the date of the enactment of this section, paragraph (1) shall not apply to an entity

that received a grant under section 3 of the Homeless Veterans

Comprehensive Service Programs Act of 1992 (Public Law 102–590;

38 U.S.C. 7721 note) before that date if the entity meets fire and

safety requirements established by the Secretary.

(3) From amounts available for purposes of this section, not less

than $5,000,000 shall be used only for grants to assist entities covered by paragraph (2) in meeting the Life Safety Code of the National Fire Protection Association or such other comparable fire and

safety requirements as the Secretary may specify.

(Added P.L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 908.)

§ 2013. Authorization of appropriations

There are authorized to be appropriated to carry out this subchapter amounts as follows:

(1) $60,000,000 for fiscal year 2002.

(2) $75,000,000 for fiscal year 2003.

(3) $75,000,000 for fiscal year 2004.

(4) $75,000,000 for fiscal year 2005.

(Added P.L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 909.)

SUBCHAPTER III—TRAINING AND OUTREACH

§ 2021. Homeless veterans reintegration programs

(a) IN GENERAL.—Subject to the availability of appropriations

provided for such purpose, the Secretary of Labor shall conduct, directly or through grant or contract, such programs as the Secretary

determines appropriate to provide job training, counseling, and

placement services (including job readiness and literacy and skills

training) to expedite the reintegration of homeless veterans into

the labor force.
§ 2013 CH. 20—BENEFITS FOR HOMELESS VETERANS 268

(b) REQUIREMENT TO MONITOR EXPENDITURES OF FUNDS.—(1)

The Secretary of Labor shall collect such information as that Secretary considers appropriate to monitor and evaluate the distribution and expenditure of funds appropriated to carry out this section. The information shall include data with respect to the results

or outcomes of the services provided to each homeless veteran

under this section.

(2) Information under paragraph (1) shall be furnished in such

form and manner as the Secretary of Labor may specify.

(c) ADMINISTRATION THROUGH THE ASSISTANT SECRETARY OF

LABOR FOR VETERANS’ EMPLOYMENT AND TRAINING.—The Secretary

of Labor shall carry out this section through the Assistant Secretary of Labor for Veterans’ Employment and Training.

(d) BIENNIAL REPORT TO CONGRESS.—Not less than every two

years, the Secretary of Labor shall submit to Congress a report on

the programs conducted under this section. The Secretary of Labor

shall include in the report an evaluation of services furnished to

veterans under this section and an analysis of the information collected under subsection (b).

(e) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized to be appropriated to carry out this section amounts as follows:

(A) $50,000,000 for fiscal year 2002.

(B) $50,000,000 for fiscal year 2003.

(C) $50,000,000 for fiscal year 2004.

(D) $50,000,000 for fiscal year 2005.

(E) $50,000,000 for fiscal year 2006.

(2) Funds appropriated to carry out this section shall remain

available until expended. Funds obligated in any fiscal year to

carry out this section may be expended in that fiscal year and the

succeeding fiscal year.

(Added P.L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 909.)

§ 2022. Coordination of outreach services for veterans at

risk of homelessness

(a) OUTREACH PLAN.—The Secretary, acting through the Under

Secretary for Health, shall provide for appropriate officials of the

Mental Health Service and the Readjustment Counseling Service of

the Veterans Health Administration to develop a coordinated plan

for joint outreach by the two Services to veterans at risk of homelessness, including particularly veterans who are being discharged

or released from institutions after inpatient psychiatric care, substance abuse treatment, or imprisonment.

(b) MATTERS TO BE INCLUDED.—The outreach plan under subsection (a) shall include the following:

(1) Strategies to identify and collaborate with non-Department entities used by veterans who have not traditionally used

Department services to further outreach efforts.

(2) Strategies to ensure that mentoring programs, recovery

support groups, and other appropriate support networks are

optimally available to veterans.

(3) Appropriate programs or referrals to family support programs.

(4) Means to increase access to case management services.
269 CH. 20—BENEFITS FOR HOMELESS VETERANS § 2022

(5) Plans for making additional employment services accessible to veterans.

(6) Appropriate referral sources for mental health and substance abuse services.

(c) COOPERATIVE RELATIONSHIPS.—The outreach plan under subsection (a) shall identify strategies for the Department to enter into

formal cooperative relationships with entities outside the Department to facilitate making services and resources optimally available to veterans.

(d) REVIEW OF PLAN.—The Secretary shall submit the outreach

plan under subsection (a) to the Advisory Committee on Homeless

Veterans for its review and consultation.

(e) OUTREACH PROGRAM.—(1) The Secretary shall carry out an

outreach program to provide information to homeless veterans and

veterans at risk of homelessness. The program shall include at a

minimum— (A) provision of information about benefits available to eligible veterans from the Department; and

(B) contact information for local Department facilities, including medical facilities, regional offices, and veterans centers.

(2) In developing and carrying out the program under paragraph

(1), the Secretary shall, to the extent practicable, consult with appropriate public and private organizations, including the Bureau of

Prisons, State social service agencies, the Department of Defense,

and mental health, veterans, and homeless advocates— (A) for assistance in identifying and contacting veterans who

are homeless or at risk of homelessness;

(B) to coordinate appropriate outreach activities with those

organizations; and

(C) to coordinate services provided to veterans with services

provided by those organizations.

(f) REPORTS.—(1) Not later than October 1, 2002, the Secretary

shall submit to the Committees on Veterans’ Affairs of the Senate

and House of Representatives an initial report that contains an

evaluation of outreach activities carried out by the Secretary with

respect to homeless veterans, including outreach regarding clinical

issues and other benefits administered under this title. The Secretary shall conduct the evaluation in consultation with the Under

Secretary for Benefits, the Department of Veterans Affairs central

office official responsible for the administration of the Readjustment Counseling Service, the Director of Homeless Veterans Programs, and the Department of Veterans Affairs central office official responsible for the administration of the Mental Health Strategic Health Care Group.

(2) Not later than December 31, 2005, the Secretary shall submit

to the committees referred to in paragraph (1) an interim report on

outreach activities carried out by the Secretary with respect to

homeless veterans. The report shall include the following:

(A) The Secretary’s outreach plan under subsection (a), including goals and time lines for implementation of the plan for

particular facilities and service networks.

(B) A description of the implementation and operation of the

outreach program under subsection (e).
§ 2022 CH. 20—BENEFITS FOR HOMELESS VETERANS 270

(C) A description of the implementation and operation of the

demonstration program under section 2023 of this title.

(3) Not later than July 1, 2007, the Secretary shall submit to the

committees referred to in paragraph (1) a final report on outreach

activities carried out by the Secretary with respect to homeless veterans. The report shall include the following:

(A) An evaluation of the effectiveness of the outreach plan

under subsection (a).

(B) An evaluation of the effectiveness of the outreach program under subsection (e).

(C) An evaluation of the effectiveness of the demonstration

program under section 2023 of this title.

(D) Recommendations, if any, regarding an extension or

modification of such outreach plan, such outreach program,

and such demonstration program.

(Added P.L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 910.)

§ 2023. Demonstration program of referral and counseling

for veterans transitioning from certain institutions

who are at risk for homelessness

(a) PROGRAM AUTHORITY.—The Secretary and the Secretary of

Labor (hereinafter in this section referred to as the ‘‘Secretaries’’)

shall carry out a demonstration program for the purpose of determining the costs and benefits of providing referral and counseling

services to eligible veterans with respect to benefits and services

available to such veterans under this title and under State law.

(b) LOCATION OF DEMONSTRATION PROGRAM.—The demonstration

program shall be carried out in at least six locations. One location

shall be a penal institution under the jurisdiction of the Bureau of

Prisons.

(c) SCOPE OF PROGRAM.—(1) To the extent practicable, the demonstration program shall provide both referral and counseling services, and in the case of counseling services, shall include counseling

with respect to job training and placement (including job readiness), housing, health care, and other benefits to assist the eligible

veteran in the transition from institutional living.

(2)(A) To the extent that referral or counseling services are provided at a location under the program, referral services shall be

provided in person during such period of time that the Secretaries

may specify that precedes the date of release or discharge of the

eligible veteran, and counseling services shall be furnished after

such date.

(B) The Secretaries may, as part of the program, furnish to officials of penal institutions outreach information with respect to referral and counseling services for presentation to veterans in the

custody of such officials during the 18-month period that precedes

such date of release or discharge.

(3) The Secretaries may enter into contracts to carry out the referral and counseling services required under the program with entities or organizations that meet such requirements as the Secretaries may establish.

(4) In developing the program, the Secretaries shall consult with

officials of the Bureau of Prisons, officials of penal institutions of
271 CH. 20—BENEFITS FOR HOMELESS VETERANS § 2032

States and political subdivisions of States, and such other officials

as the Secretaries determine appropriate.

(d) DURATION.—The authority of the Secretaries to provide referral and counseling services under the demonstration program shall

cease on the date that is four years after the date of the commencement of the program.

(e) DEFINITION.—In this section, the term ‘‘eligible veteran’’

means a veteran who—

(1) is a resident of a penal institution or an institution that

provides long-term care for mental illness; and

(2) is at risk for homelessness absent referral and counseling

services provided under the demonstration program (as determined under guidelines established by the Secretaries).

(Added P.L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 912.)

SUBCHAPTER IV—TREATMENT AND REHABILITATION FOR

SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS

§ 2031. General treatment

(a) In providing care and services under section 1710 of this title

to veterans suffering from serious mental illness, including veterans who are homeless, the Secretary may provide (directly or in

conjunction with a governmental or other entity)—

(1) outreach services;

(2) care, treatment, and rehabilitative services (directly or by

contract in community-based treatment facilities, including

halfway houses); and

(3) therapeutic transitional housing assistance under section

2032 of this title, in conjunction with work therapy under subsection (a) or (b) of section 1718 of this title and outpatient

care.

(b) The authority of the Secretary under subsection (a) expires on

December 31, 2006.

(Added as § 1771 P.L. 105–114, § 202(a), Nov. 21, 1997, 111 Stat. 2284; renumbered

§ 2031, transferred, and amended P.L. 107–95, § 5(b)(1), (2), (f), Dec. 21, 2001, 115

Stat. 918.)

§ 2032. Therapeutic housing

(a) The Secretary, in connection with the conduct of compensated

work therapy programs, may operate residences and facilities as

therapeutic housing.

(b) The Secretary may use such procurement procedures for the

purchase, lease, or other acquisition of residential housing for purposes of this section as the Secretary considers appropriate to expedite the opening and operation of transitional housing and to protect the interests of the United States.

(c) A residence or other facility may be operated as transitional

housing for veterans described in paragraphs (1) and (2) of section

1710(a) of this title under the following conditions:

(1) Only veterans described in those paragraphs and a house

manager may reside in the residence or facility.

(2) Each resident, other than the house manager, shall be required to make payments that contribute to covering the ex-
§ 2032 CH. 20—BENEFITS FOR HOMELESS VETERANS 272

penses of board and the operational costs of the residence or

facility for the period of residence in such housing.

(3) In order to foster the therapeutic and rehabilitative objectives of such housing (A) residents shall be prohibited from

using alcohol or any controlled substance or item, (B) any resident violating that prohibition may be expelled from the residence or facility, and (C) each resident shall agree to undergo

drug testing or such other measures as the Secretary shall prescribe to ensure compliance with that prohibition.

(4) In the establishment and operation of housing under this

section, the Secretary shall consult with appropriate representatives of the community in which the housing is established

and shall comply with zoning requirements, building permit requirements, and other similar requirements applicable to other

real property used for similar purposes in the community.

(5) The residence or facility shall meet State and community

fire and safety requirements applicable to other real property

used for similar purposes in the community in which the transitional housing is located, but fire and safety requirements applicable to buildings of the Federal Government shall not apply

to such property.

(d) The Secretary shall prescribe the qualifications for house

managers for transitional housing units operated under this section. The Secretary may provide for free room and subsistence for

a house manager in addition to, or instead of payment of, a fee for

the services provided by the manager.

(e)(1) The Secretary may operate as transitional housing under

this section—

(A) any suitable residential property acquired by the Secretary as the result of a default on a loan made, guaranteed,

or insured under chapter 37 of this title;

(B) any suitable space in a facility under the jurisdiction of

the Secretary that is no longer being used (i) to provide acute

hospital care, or (ii) as housing for medical center employees;

and

(C) any other suitable residential property purchased, leased,

or otherwise acquired by the Secretary.

(2) In the case of any property referred to in paragraph (1)(A),

the Secretary shall— (A) transfer administrative jurisdiction over such property

within the Department from the Veterans Benefits Administration to the Veterans Health Administration; and

(B) transfer from the General Post Fund to the Loan Guaranty Revolving Fund under chapter 37 of this title an amount

(not to exceed the amount the Secretary paid for the property)

representing the amount the Secretary considers could be obtained by sale of such property to a nonprofit organization or

a State for use as a shelter for homeless veterans.

(3) In the case of any residential property obtained by the Secretary from the Department of Housing and Urban Development

under this section, the amount paid by the Secretary to that Department for that property may not exceed the amount that the

Secretary of Housing and Urban Development would charge for the

sale of that property to a nonprofit organization or a State for use
273 CH. 20—BENEFITS FOR HOMELESS VETERANS § 2034

as a shelter for homeless persons. Funds for such charge shall be

derived from the General Post Fund.

(f) The Secretary shall prescribe—

(1) a procedure for establishing reasonable payment rates for

persons residing in transitional housing; and

(2) appropriate limits on the period for which such persons

may reside in transitional housing.

(g) The Secretary may dispose of any property acquired for the

purpose of this section. The proceeds of any such disposal shall be

credited to the General Post Fund.

(h) Funds received by the Department under this section shall be

deposited in the General Post Fund. The Secretary may distribute

out of the fund such amounts as necessary for the acquisition, management, maintenance, and disposition of real property for the purpose of carrying out such program. The Secretary shall manage the

operation of this section so as to ensure that expenditures under

this subsection for any fiscal year shall not exceed by more than

$500,000 proceeds credited to the General Post Fund under this

section. The operation of the program and funds received shall be

separately accounted for, and shall be stated in the documents accompanying the President’s budget for each fiscal year.

(Added as § 1772 P.L. 105–114, § 202(a), Nov. 21, 1997, 111 Stat. 2284; renumbered

§ 2032 and transferred P.L. 107–95, § 5(b)(1), Dec. 21, 2001, 115 Stat. 918.)

§ 2033. Additional services at certain locations

(a) Subject to the availability of appropriations, the Secretary

shall operate a program under this section to expand and improve

the provision of benefits and services by the Department to homeless veterans.

(b) The program shall include the establishment of sites under

the jurisdiction of the Secretary to be centers for the provision of

comprehensive services to homeless veterans. The services to be

provided at each site shall include a comprehensive and coordinated array of those specialized services which may be provided

under existing law. The Secretary shall carry out the program

under this section in sites in at least each of the 20 largest metropolitan statistical areas.

(c) The program shall include the services of such employees of

the Veterans Benefits Administration as the Secretary determines

appropriate at sites under the jurisdiction of the Secretary at which

services are provided to homeless veterans.

(d) The program under this section shall terminate on December

31, 2006.

(Added as § 1773 P.L. 105–114, § 202(a), Nov. 21, 1997, 111 Stat. 2286; renumbered

§ 2033, transferred, and amended P.L. 107–95, § § 5(b)(1), (f), 8(b), Dec. 21, 2001, 115

Stat. 918–919.)

§ 2034. Coordination with other agencies and organizations

(a) In assisting homeless veterans, the Secretary shall coordinate

with, and may provide services authorized under this title in conjunction with, State and local governments, other appropriate departments and agencies of the Federal Government, and nongovernmental organizations.
§ 2034 CH. 20—BENEFITS FOR HOMELESS VETERANS 274

(b)(1) The Secretary shall require the director of each medical

center or the director of each regional benefits office to make an

annual assessment of the needs of homeless veterans living within

the area served by the medical center or regional office, as the case

may be.

(2) Each such assessment shall be made in coordination with representatives of State and local governments, other appropriate departments and agencies of the Federal Government, and nongovernmental organizations that have experience working with

homeless persons in that area.

(3) Each such assessment shall identify the needs of homeless

veterans with respect to the following:

(A) Health care.

(B) Education and training.

(C) Employment.

(D) Shelter.

(E) Counseling.

(F) Outreach services.

(4) Each assessment shall also indicate the extent to which the

needs referred to in paragraph (3) are being met adequately by the

programs of the Department, of other departments and agencies of

the Federal Government, of State and local governments, and of

nongovernmental organizations.

(5) Each assessment shall be carried out in accordance with uniform procedures and guidelines prescribed by the Secretary.

(6) The Secretary shall review each annual assessment under

this subsection and shall consolidate the findings and conclusions

of each such assessment into the next annual report submitted to

Congress under section 2065 of this title.

(c) In furtherance of subsection (a), the Secretary shall require

the director of each medical center and the director of each regional

benefits office, in coordination with representatives of State and

local governments, other Federal officials, and nongovernmental organizations that have experience working with homeless persons in

the areas served by such facility or office, to—

(1) develop a list of all public and private programs that provide assistance to homeless persons or homeless veterans in

the area concerned, together with a description of the services

offered by those programs;

(2) seek to encourage the development by the representatives

of such entities, in coordination with the director, of a plan to

coordinate among such public and private programs the provision of services to homeless veterans;

(3) take appropriate action to meet, to the maximum extent

practicable through existing programs and available resources,

the needs of homeless veterans that are identified in the assessment conducted under subsection (b); and

(4) attempt to inform homeless veterans whose needs the director cannot meet under paragraph (3) of the services available to such veterans within the area served by such center or

office.

(Added § 1774 P.L. 105–114, § 202(a), Nov. 21, 1997, 111 Stat. 2286; renumbered

§ 2034, transferred, and amended P.L. 107–95, §§ 5(b)(1), 6(b), Dec. 21, 2001, 115

Stat. 918, 919.)
275 CH. 20—BENEFITS FOR HOMELESS VETERANS § 2041

SUBCHAPTER V—HOUSING ASSISTANCE

§ 2041. Housing assistance for homeless veterans

(a)(1) To assist homeless veterans and their families in acquiring

shelter, the Secretary may enter into agreements described in paragraph (2) with—

(A) nonprofit organizations, with preference being given to

any organization named in, or approved by the Secretary

under, section 5902 of this title; or

(B) any State or any political subdivision thereof.

(2) To carry out paragraph (1), the Secretary may enter into

agreements to sell, lease, lease with an option to purchase, or donate real property, and improvements thereon, acquired by the Secretary as the result of a default on a loan made, insured, or guaranteed under this chapter. Such sale or lease or donation shall be

for such consideration as the Secretary determines is in the best

interests of homeless veterans and the Federal Government.

(3) The Secretary may enter into an agreement under paragraph

(1) of this subsection only if—

(A) the Secretary determines that such an action will not adversely affect the ability of the Department—

(i) to fulfill its statutory missions with respect to the Department loan guaranty program and the short- and longterm solvency of the Veterans Housing Benefit Program

Fund under this chapter; or

(ii) to carry out other functions and administer other

programs authorized by law;

(B) the entity to which the property is sold, leased, or donated agrees to—

(i) utilize the property solely as a shelter primarily for

homeless veterans and their families,

(ii) comply with all zoning laws relating to the property,

(iii) make no use of the property that is not compatible

with the area where the property is located, and

(iv) take such other actions as the Secretary determines

are necessary or appropriate in the best interests of homeless veterans and the Federal Government; and

(C) the Secretary determines that there is no significant likelihood of the property being sold for a price sufficient to reduce

the liability of the Department or the veterans who defaulted

on the loan.

(4) The term of any lease under this subsection may not exceed

three years.

(5) An approved entity that leases a property from the Secretary

under this section shall be responsible for the payment of any

taxes, utilities, liability insurance, and other maintenance charges

or similar charges that apply to the property.

(6) Any agreement, deed, or other instrument executed by the

Secretary under this subsection shall be on such terms and conditions as the Secretary determines to be appropriate and necessary

to carry out the purpose of such agreement.

(b)(1) Subject to paragraphs (2) and (3), the Secretary may make

loans to organizations described in paragraph (1)(A) of subsection
§ 2041 CH. 20—BENEFITS FOR HOMELESS VETERANS 276

(a) to finance the purchase of property by such organizations under

such subsection.

(2) In making a loan under this subsection, the Secretary—

(A) shall establish credit standards to be used for this purpose;

(B) may, pursuant to section 3733(a)(6) of this title, provide

that the loan will bear interest at a rate below the rate that

prevails for similar loans in the market in which the loan is

made; and

(C) may waive the collection of a fee under section 3729 of

this title in any case in which the Secretary determines that

such a waiver would be appropriate.

(c) The Secretary may not enter into agreements under subsection (a) after December 31, 2003.

(Added P.L. 102–54, § 9(a), June 13, 1991, 105 Stat. 272; renumbered § 3735, P.L.

102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; amended P.L. 102–590, §§ 8, 9, Nov. 10,

1992, 106 Stat. 5140; P.L. 103–446, § 1201(d)(13), Nov. 2, 1994, 108 Stat. 4684; P.L.

104–110, § 101(h), Feb. 13, 1996, 110 Stat. 768; P.L. 105–114, § 203(a), Nov. 21,

1997, 111 Stat. 2288; P.L. 105–368, § 602(e)(1)(G), Nov. 11, 1998, 112 Stat. 3338;

P.L. 106–117, § 902, Nov. 30, 1999, 113 Stat. 1587; renumbered § 2041 and transferred P.L. 107–95, § 5(c), Dec. 21, 2001, 115 Stat. 918.)

§ 2042. Supported housing for veterans participating in compensated work therapies

The Secretary may authorize homeless veterans in the compensated work therapy program to be provided housing through

the therapeutic residence program under section 2032 of this title

or through grant and per diem providers under subchapter II of

this chapter.

(Added P.L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 913.)

§ 2043. Domiciliary care programs

(a) AUTHORITY.—The Secretary may establish up to 10 programs

under section 1710(b) of this title (in addition to any program that

is established as of the date of the enactment of this section) to provide domiciliary services under such section to homeless veterans.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to

be appropriated to the Secretary $5,000,000 for each of fiscal years

2003 and 2004 to establish the programs referred to in subsection

(a).

(Added P.L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 913.)

SUBCHAPTER VI—LOAN GUARANTEE FOR MULTIFAMILY

TRANSITIONAL HOUSING

§ 2051. General authority

(a) The Secretary may guarantee the full or partial repayment of

a loan that meets the requirements of this subchapter.

(b)(1) Not more than 15 loans may be guaranteed under subsection (a), of which not more than five such loans may be guaranteed during the 3-year period beginning on the date of the enactment of this subchapter.
277 CH. 20—BENEFITS FOR HOMELESS VETERANS § 2052

(2) A guarantee of a loan under subsection (a) shall be in an

amount that is not less than the amount necessary to sell the loan

in a commercial market.

(3) Not more than an aggregate amount of $100,000,000 in loans

may be guaranteed under subsection (a).

(c) A loan may not be guaranteed under this subchapter unless,

before closing such loan, the Secretary has approved the loan.

(d)(1) The Secretary shall enter into contracts with a qualified

nonprofit organization, or other qualified organization, that has experience in underwriting transitional housing projects to obtain advice in carrying out this subchapter, including advice on the terms

and conditions necessary for a loan that meets the requirements of

section 2052 of this title.

(2) For purposes of paragraph (1), a nonprofit organization is an

organization that is described in paragraph (3) or (4) of subsection

(c) of section 501 of the Internal Revenue Code of 1986 and is exempt from tax under subsection (a) of such section.

(e) The Secretary may carry out this subchapter in advance of

the issuance of regulations for such purpose.

(f ) The Secretary may guarantee loans under this subchapter

notwithstanding any requirement for prior appropriations for such

purpose under any provision of law.

(Added as § 3772 P.L. 105–368, § 601(a), Nov. 11, 1998, 112 Stat. 3342; renumbered

§ 2051, transferred, and amended P.L. 107–95, § 5(d)(1), (2)(B), Dec. 21, 2001, 115

Stat. 918.)

§ 2052. Requirements

(a) A loan referred to in section 2051 of this title meets the requirements of this subchapter if each of the following requirements

is met:

(1) The loan— (A) is for— (i) construction of, rehabilitation of, or acquisition of

land for a multifamily transitional housing project described in subsection (b), or more than one of such

purposes; or

(ii) refinancing of an existing loan for such a project;

and

(B) may also include additional reasonable amounts

for—

(i) financing acquisition of furniture, equipment,

supplies, or materials for the project; or

(ii) in the case of a loan made for purposes of subparagraph (A)(i), supplying the organization carrying

out the project with working capital relative to the

project.

(2) The loan is made in connection with funding or the provision of substantial property or services for such project by either a State or local government or a nongovernmental entity,

or both.

(3) The maximum loan amount does not exceed the lesser

of—

(A) that amount generally approved (utilizing prudent

underwriting principles) in the consideration and approval
§ 2052 CH. 20—BENEFITS FOR HOMELESS VETERANS 278

of projects of similar nature and risk so as to assure repayment of the loan obligation; and

(B) 90 percent of the total cost of the project.

(4) The loan is of sound value, taking into account the creditworthiness of the entity (and the individual members of the entity) applying for such loan.

(5) The loan is secured.

(6) The loan is subject to such terms and conditions as the

Secretary determines are reasonable, taking into account other

housing projects with similarities in size, location, population,

and services provided.

(b) For purposes of this subchapter, a multifamily transitional

housing project referred to in subsection (a)(1) is a project that—

(1) provides transitional housing to homeless veterans, which

housing may be single room occupancy (as defined in section

8(n) of the United States Housing Act of 1937 (42 U.S.C.

1437f (n)));

(2) provides supportive services and counselling services (including job counselling) at the project site with the goal of

making such veterans self-sufficient;

(3) requires that each such veteran seek to obtain and maintain employment;

(4) charges a reasonable fee for occupying a unit in such

housing; and

(5) maintains strict guidelines regarding sobriety as a condition of occupying such unit.

(c) Such a project—

(1) may include space for neighborhood retail services or job

training programs; and

(2) may provide transitional housing to veterans who are not

homeless and to homeless individuals who are not veterans if—

(A) at the time of taking occupancy by any such

veteran or homeless individual, the transitional housing

needs of homeless veterans in the project area have been

met;

(B) the housing needs of any such veteran or homeless

individual can be met in a manner that is compatible with

the manner in which the needs of homeless veterans are

met under paragraph (1); and

(C) the provisions of paragraphs (4) and (5) of subsection

(b) are met.

(d) In determining whether to guarantee a loan under this subchapter, the Secretary shall consider—

(1) the availability of Department of Veterans Affairs medical services to residents of the multifamily transitional housing project; and

(2) the extent to which needs of homeless veterans are met

in a community, as assessed under section 107 of Public Law

102–405.

(Added § 3773 P.L. 105–368, § 601(a), Nov. 11, 1998, 112 Stat. 3343; renumbered

§ 2052, transferred, and amended P.L. 107–95, § 5(d)(1), (2)(C), Dec. 21, 2001, 115

Stat. 918.)
279 CH. 20—BENEFITS FOR HOMELESS VETERANS § 2061

§ 2053. Default

(a) The Secretary shall take such steps as may be necessary to

obtain repayment on any loan that is in default and that is guaranteed under this subchapter.

(b) Upon default of a loan guaranteed under this subchapter and

terminated pursuant to State law, a lender may file a claim under

the guarantee for an amount not to exceed the lesser of—

(1) the maximum guarantee; or

(2) the difference between—

(A) the total outstanding obligation on the loan, including principal, interest, and expenses authorized by the

loan documents, through the date of the public sale (as authorized under such documents and State law); and

(B) the amount realized at such sale.

(Added as § 3774 P.L. 105–368, § 601(a), Nov. 11, 1998, 112 Stat. 3344; renumbered

§ 2053 and transferred P.L. 107–95, § 5(d)(1), Dec. 21, 2001, 115 Stat. 918.)

§ 2054. Audit

(a) During each of the first 3 years of operation of a multifamily

transitional housing project with respect to which a loan is guaranteed under this subchapter, there shall be an annual, independent

audit of such operation. Such audit shall include a detailed statement of the operations, activities, and accomplishments of such

project during the year covered by such audit. The party responsible for obtaining such audit (and paying the costs therefor) shall

be determined before the Secretary issues a guarantee under this

subchapter.

(b) After the first three years of operation of such a multifamily

transitional housing project, the Secretary may provide for periodic

audits of the project.

(Added § 3775 P.L. 105–368, § 601(a), Nov. 11, 1998, 112 Stat. 3345; amended P.L.

106–117, § 712, Nov. 30, 1999, 113 Stat. 1584; renumbered § 2054 and transferred

P.L. 107–95, § 5(d)(1), Dec. 21, 2001, 115 Stat. 918.)

SUBCHAPTER VII—OTHER PROVISIONS

§ 2061. Grant program for homeless veterans with special

needs

(a) ESTABLISHMENT.—The Secretary shall carry out a program to

make grants to health care facilities of the Department and to

grant and per diem providers in order to encourage development by

those facilities and providers of programs for homeless veterans

with special needs.

(b) HOMELESS VETERANS WITH SPECIAL NEEDS.—For purposes of

this section, homeless veterans with special needs include homeless

veterans who are—

(1) women, including women who have care of minor dependents;

(2) frail elderly;

(3) terminally ill; or

(4) chronically mentally ill.

(c) FUNDING.—(1) From amounts appropriated to the Department

for ‘‘Medical Care’’ for each of fiscal years 2003, 2004, and 2005,
§ 2061 CH. 20—BENEFITS FOR HOMELESS VETERANS 280

$5,000,000 shall be available for each such fiscal year for the purposes of the program under this section.

(2) The Secretary shall ensure that funds for grants under this

section are designated for the first three years of operation of the

program under this section as a special purpose program for which

funds are not allocated through the Veterans Equitable Resource

Allocation system.

(Added P.L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 913.)

§ 2062. Dental care

(a) IN GENERAL.—For purposes of section 1712(a)(1)(H) of this

title, outpatient dental services and treatment of a dental condition

or disability of a veteran described in subsection (b) shall be considered to be medically necessary, subject to subsection (c), if—

(1) the dental services and treatment are necessary for the

veteran to successfully gain or regain employment;

(2) the dental services and treatment are necessary to alleviate pain; or

(3) the dental services and treatment are necessary for treatment of moderate, severe, or severe and complicated gingival

and periodontal pathology.

(b) ELIGIBLE VETERANS.—Subsection (a) applies to a veteran—

(1) who is enrolled for care under section 1705(a) of this title;

and

(2) who, for a period of 60 consecutive days, is receiving care

(directly or by contract) in any of the following settings:

(A) A domiciliary under section 1710 of this title.

(B) A therapeutic residence under section 2032 of this

title.

(C) Community residential care coordinated by the Secretary under section 1730 of this title.

(D) A setting for which the Secretary provides funds for

a grant and per diem provider.

(3) For purposes of paragraph (2), in determining whether a veteran has received treatment for a period of 60 consecutive days, the

Secretary may disregard breaks in the continuity of treatment for

which the veteran is not responsible.

(c) LIMITATION.—Dental benefits provided by reason of this section shall be a one-time course of dental care provided in the same

manner as the dental benefits provided to a newly discharged veteran.

(Added P.L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 913.)

§ 2063. Employment assistance

The Secretary may authorize homeless veterans receiving care

through vocational rehabilitation programs to participate in the

compensated work therapy program under section 1718 of this

title.

(Added P.L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 914.)
281 CH. 20—BENEFITS FOR HOMELESS VETERANS § 2065

§ 2064. Technical assistance grants for nonprofit communitybased groups

(a) GRANT PROGRAM.—The Secretary shall carry out a program

to make grants to entities or organizations with expertise in preparing grant applications. Under the program, the entities or organizations receiving grants shall provide technical assistance to nonprofit community-based groups with experience in providing assistance to homeless veterans in order to assist such groups in applying for grants under this chapter and other grants relating to addressing problems of homeless veterans.

(b) FUNDING.—There is authorized to be appropriated $750,000

for each of fiscal years 2002 through 2005 to carry out the program

under this section.

(Added P.L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 914.)

§ 2065. Annual report on assistance to homeless veterans

(a) ANNUAL REPORT.—Not later than April 15 of each year, the

Secretary shall submit to the Committees on Veterans’ Affairs of

the Senate and House of Representatives a report on the activities

of the Department during the calendar year preceding the report

under programs of the Department under this chapter and other

programs of the Department for the provision of assistance to

homeless veterans.

(b) GENERAL CONTENTS OF REPORT.—Each report under subsection (a) shall include the following:

(1) The number of homeless veterans provided assistance

under the programs referred to in subsection (a).

(2) The cost to the Department of providing such assistance

under those programs.

(3) The Secretary’s evaluation of the effectiveness of the programs of the Department in providing assistance to homeless

veterans, including— (A) residential work-therapy programs;

(B) programs combining outreach, community-based residential treatment, and case-management; and

(C) contract care programs for alcohol and drug-dependence or use disabilities).

(4) The Secretary’s evaluation of the effectiveness of programs established by recipients of grants under section 2011 of

this title and a description of the experience of those recipients

in applying for and receiving grants from the Secretary of

Housing and Urban Development to serve primarily homeless

persons who are veterans.

(5) Any other information on those programs and on the provision of such assistance that the Secretary considers appropriate.

c) HEALTH CARE CONTENTS OF REPORT.—Each report under subsection (a) shall include, with respect to programs of the Department addressing health care needs of homeless veterans, the following:

(1) Information about expenditures, costs, and workload

under the program of the Department known as the Health

Care for Homeless Veterans program (HCHV).
§ 2065 CH. 20—BENEFITS FOR HOMELESS VETERANS 282

(2) Information about the veterans contacted through that

program.

(3) Information about program treatment outcomes under

that program.

(4) Information about supported housing programs.

(5) Information about the Department’s grant and per diem

provider program under subchapter II of this chapter.

(6) The findings and conclusions of the assessments of the

medical needs of homeless veterans conducted under section

2034(b) of this title.

(7) Other information the Secretary considers relevant in assessing those programs.

(d) BENEFITS CONTENT OF REPORT.—Each report under subsection (a) shall include, with respect to programs and activities of

the Veterans Benefits Administration in processing of claims for

benefits of homeless veterans during the preceding year, the following:

(1) Information on costs, expenditures, and workload of Veterans Benefits Administration claims evaluators in processing

claims for benefits of homeless veterans.

(2) Information on the filing of claims for benefits by homeless veterans.

(3) Information on efforts undertaken to expedite the processing of claims for benefits of homeless veterans.

(4) Other information that the Secretary considers relevant

in assessing the programs and activities.

(Added P.L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 914.)

§ 2066. Advisory Committee on Homeless Veterans

(a) ESTABLISHMENT.—(1) There is established in the Department

the Advisory Committee on Homeless Veterans (hereinafter in this

section referred to as the ‘‘Committee’’).

(2) The Committee shall consist of not more than 15 members

appointed by the Secretary from among the following:

(A) Veterans service organizations.

(B) Advocates of homeless veterans and other homeless individuals.

(C) Community-based providers of services to homeless individuals.

(D) Previously homeless veterans.

(E) State veterans affairs officials.

(F) Experts in the treatment of individuals with mental illness.

(G) Experts in the treatment of substance use disorders.

(H) Experts in the development of permanent housing alternatives for lower income populations.

(I) Experts in vocational rehabilitation.

(J) Such other organizations or groups as the Secretary considers appropriate.

(3) The Committee shall include, as ex officio members, the following:

(A) The Secretary of Labor (or a representative of the Secretary selected after consultation with the Assistant Secretary

of Labor for Veterans’ Employment).
283 CH. 20—BENEFITS FOR HOMELESS VETERANS § 2066

(B) The Secretary of Defense (or a representative of the Secretary).

(C) The Secretary of Health and Human Services (or a representative of the Secretary).

(D) The Secretary of Housing and Urban Development (or a

representative of the Secretary).

(4)(A) The Secretary shall determine the terms of service and allowances of the members of the Committee, except that a term of

service may not exceed three years. The Secretary may reappoint

any member for additional terms of service.

(B) Members of the Committee shall serve without pay. Members

may receive travel expenses, including per diem in lieu of subsistence for travel in connection with their duties as members of the

Committee.

(b) DUTIES.—(1) The Secretary shall consult with and seek the

advice of the Committee on a regular basis with respect to the provision by the Department of benefits and services to homeless veterans.

(2) In providing advice to the Secretary under this subsection,

the Committee shall—

(A) assemble and review information relating to the needs of

homeless veterans;

(B) provide an on-going assessment of the effectiveness of the

policies, organizational structures, and services of the Department in assisting homeless veterans; and

(C) provide on-going advice on the most appropriate means

of providing assistance to homeless veterans.

(3) The Committee shall—

(A) review the continuum of services provided by the Department directly or by contract in order to define cross-cutting

issues and to improve coordination of all services with the Department that are involved in addressing the special needs of

homeless veterans;

(B) identify (through the annual assessments under section

2034 of this title and other available resources) gaps in programs of the Department in serving homeless veterans, including identification of geographic areas with unmet needs, and

provide recommendations to address those gaps;

(C) identify gaps in existing information systems on homeless veterans, both within and outside the Department, and

provide recommendations about redressing problems in data

collection;

(D) identify barriers under existing laws and policies to effective coordination by the Department with other Federal agencies and with State and local agencies addressing homeless

populations;

(E) identify opportunities for increased liaison by the Department with nongovernmental organizations and individual

groups providing services to homeless populations;

(F) with appropriate officials of the Department designated

by the Secretary, participate with the Interagency Council on

the Homeless under title II of the McKinney-Vento Homeless

Assistance Act (42 U.S.C. 11311 et seq.);
§ 2066 CH. 20—BENEFITS FOR HOMELESS VETERANS 284

(G) recommend appropriate funding levels for specialized

programs for homeless veterans provided or funded by the Department;

(H) recommend appropriate placement options for veterans

who, because of advanced age, frailty, or severe mental illness,

may not be appropriate candidates for vocational rehabilitation

or independent living; and

(I) perform such other functions as the Secretary may direct.

(c) REPORTS.—(1) Not later than March 31 of each year, the Committee shall submit to the Secretary a report on the programs and

activities of the Department that relate to homeless veterans. Each

such report shall include—

(A) an assessment of the needs of homeless veterans;

(B) a review of the programs and activities of the Department designed to meet such needs;

(C) a review of the activities of the Committee; and

(D) such recommendations (including recommendations for

administrative and legislative action) as the Committee considers appropriate.

(2) Not later than 90 days after the receipt of a report under

paragraph (1), the Secretary shall transmit to the Committees on

Veterans’ Affairs of the Senate and House of Representatives a

copy of the report, together with any comments and recommendations concerning the report that the Secretary considers appropriate.

(3) The Committee may also submit to the Secretary such other

reports and recommendations as the Committee considers appropriate.

(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted pursuant to that section.

(d) TERMINATION.—The Committee shall cease to exist December

31, 2006.

(Added P.L. 107–95, § 5(a)(1), Dec. 21, 2001, 115 Stat. 916.)
(285)

CHAPTER 21—SPECIALLY ADAPTED HOUSING FOR

DISABLED VETERANS

Sec.

2101. Veterans eligible for assistance.

2102. Limitations on assistance furnished.

2103. Furnishing of plans and specifications.

2104. Benefits additional to benefits under other laws.

2105. Nonliability of United States.

2106. Veterans’ mortgage life insurance.

§ 2101. Veterans eligible for assistance

(a) The Secretary is authorized, under such regulations as the

Secretary may prescribe, to assist any veteran who is entitled to

compensation under chapter 11 of this title for permanent and total

service-connected disability—

(1) due to the loss, or loss of use, of both lower extremities,

such as to preclude locomotion without the aid of braces,

crutches, canes, or a wheelchair, or

(2) which includes (A) blindness in both eyes, having only

light perception, plus (B) loss or loss of use of one lower extremity, or

(3) due to the loss or loss of use of one lower extremity together with (A) residuals of organic disease or injury, or (B)

the loss or loss of use of one upper extremity, which so affect

the functions of balance or propulsion as to preclude locomotion

without the aid of braces, crutches, canes, or a wheelchair,

in acquiring a suitable housing unit with special fixtures or movable facilities made necessary by the nature of the veteran’s disability, and necessary land therefor. The regulations of the Secretary shall include, but not be limited to, provisions requiring

findings that (1) it is medically feasible for such veteran to reside

in the proposed housing unit and in the proposed locality; (2) the

proposed housing unit bears a proper relation to the veteran’s

present and anticipated income and expenses; and (3) the nature

and condition of the proposed housing unit are such as to be suitable to the veteran’s needs for dwelling purposes.

(b)(1) Subject to paragraph (2) of this subsection, the Secretary,

under regulations which the Secretary shall prescribe, shall assist

any veteran (other than a veteran who is eligible for assistance

under subsection (a) of this section) who is entitled to compensation

under chapter 11 of this title for a permanent and total service-connected disability which—

(A) is due to blindness in both eyes with 5/200 visual acuity

or less, or

(B) includes the anatomical loss or loss of use of both hands,

in acquiring such adaptations to such veteran’s residence as are determined by the Secretary to be reasonably necessary because of
§ 2101 CH. 21—SPECIALLY ADAPTED HOUSING 286

such disability or in acquiring a residence already adapted with

special features determined by the Secretary to be reasonably necessary for the veteran because of such disability.

(2) Assistance under paragraph (1) of this subsection may be provided only to a veteran who the Secretary determines is residing

in and reasonably intends to continue residing in a residence

owned by such veteran or by a member of such veteran’s family or,

if the veteran’s residence is to be constructed or purchased, will be

residing in and reasonably intends to continue residing in a residence owned by such veteran or by a member of such veteran’s

family.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1168, § 801; P.L. 86–239, Sept. 8, 1959, 73 Stat.

472; P.L. 88–401, Aug. 4, 1964, 78 Stat. 380; P.L. 91–22, § 1, June 6, 1969, 83 Stat.

32; P.L. 95–117, § 401, Oct. 3, 1977, 91 Stat. 1065; P.L. 96–385, § 301(a), Oct. 7,

1980, 94 Stat. 1531; P.L. 99–576, § 401(a), §§ 701(48), 702(7), Oct. 28, 1986, 100 Stat.

3280, 3295, 3302; renumbered § 2101 and amended P.L. 102–83, §§ 4(b)(1), (2)(E),

5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 2102. Limitations on assistance furnished

(a) The assistance authorized by section 2101(a) of this title shall

be limited in the case of any veteran to one housing unit, and necessary land therefor, and shall be afforded under one of the following plans, at the option of the veteran but shall not exceed

$48,000 in any one case—

(1) where the veteran elects to construct a housing unit on

land to be acquired by such veteran, the Secretary shall pay

not to exceed 50 percent of the total cost to the veteran of (A)

the housing unit and (B) the necessary land upon which it is

to be situated;

(2) where the veteran elects to construct a housing unit on

land acquired by such veteran prior to application for assistance under this chapter, the Secretary shall pay not to exceed

the smaller of the following sums: (A) 50 percent of the total

cost to the veteran of the housing unit and the land necessary

for such housing unit, or (B) 50 percent of the cost to the veteran of the housing unit plus the full amount of the unpaid

balance, if any, of the cost to the veteran of the land necessary

for such housing unit;

(3) where the veteran elects to remodel a dwelling which is

not adapted to the requirements of such veteran’s disability,

acquired by such veteran prior to application for assistance

under this chapter, the Secretary shall pay not to exceed (A)

the cost to the veteran of such remodeling; or (B) 50 percent

of the cost to the veteran of such remodeling; plus the smaller

of the following sums: (i) 50 percent of the cost to the veteran

of such dwelling and the necessary land upon which it is situated, or (ii) the full amount of the unpaid balance, if any, of

the cost to the veteran of such dwelling and the necessary land

upon which it is situated; and

(4) where the veteran has acquired a suitable housing unit,

the Secretary shall pay not to exceed the smaller of the following sums: (A) 50 percent of the cost to the veteran of such

housing unit and the necessary land upon which it is situated,

or (B) the full amount of the unpaid balance, if any, of the cost
287 CH. 21—SPECIALLY ADAPTED HOUSING § 2105

to the veteran of such housing unit and the necessary land

upon which it is situated.

(b) Except as provided in section 2104(b) of this title, the assistance authorized by section 2101(b) of this title shall be limited to

the lesser of— (1) the actual cost, or, in the case of a veteran acquiring a

residence already adapted with special features, the fair market value, of the adaptations determined by the Secretary

under such section 2101(b) to be reasonably necessary, or (2) $9,250.

(c) The amount of assistance afforded under subsection (a) for a

veteran authorized assistance by section 2101(a) of this title shall

not be reduced by reason that title to the housing unit, which is

vested in the veteran, is also vested in any other person, if the veteran resides in the housing unit.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1168, § 802; P.L. 91–22, § 2, June 6, 1969, 83

Stat. 32; P.L. 91–506, § 6, Oct. 23, 1970, 84 Stat. 1113; P.L. 92–341, July 10, 1972,

86 Stat. 432; P.L. 93–569, § 9, Dec. 31, 1974, 88 Stat. 1867; P.L. 95–476, § 101, Oct.

18, 1978, 92 Stat. 1497; P.L. 96–385, § 301(b), Oct. 7, 1980, 94 Stat. 1531; P.L. 97– 66, § 502, Oct. 17, 1981, 95 Stat. 1032; P.L. 97–295, § 4(33), Oct. 12, 1982, 96 Stat.

1307; P.L. 98–543, § 304(a), Oct. 24, 1984, 98 Stat. 2748; P.L. 99–576, § 401(b), Oct.

28, 1986, 100 Stat. 3280; P.L. 100–322, § 301, May 20, 1988, 102 Stat. 534; renumbered § 2102 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 404–406; P.L. 105–178, § 8204, June 9, 1998, 112 Stat. 494; P.L. 106–419,

§ 321, Nov. 1, 2000, 114 Stat. 1855; P.L. 107–103, § 404, Dec. 27, 2001, 115 Stat.

993.)

§ 2103. Furnishing of plans and specifications

The Secretary is authorized to furnish to veterans eligible for assistance under this chapter, without cost to the veterans, model

plans and specifications of suitable housing units.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1168, § 803; renumbered § 2103 and amended

P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 2104. Benefits additional to benefits under other laws

(a) Any veteran who accepts the benefits of this chapter shall not

by reason thereof be denied the benefits of chapter 37 of this title;

however, except as provided in subsection (b) of this section, the assistance authorized by section 2101 of this title shall not be available to any veteran more than once.

(b) A veteran eligible for assistance under section 2101(b) of this

title shall not by reason of such eligibility be denied benefits for

which such veteran becomes eligible under section 2101(a) of this

title or benefits relating to home health services under section

1717(a)(2) of this title. However, no particular type of adaptation,

improvement, or structural alteration provided to a veteran under

section 1717(a)(2) of this title may be provided to such veteran

under section 2101(b) of this title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 804; P.L. 96–385, § 301(c), Oct. 7, 1980,

94 Stat. 1531; renumbered § 2104 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406; P.L. 104–262, § 101(e)(2), Oct. 9, 1996, 110 Stat. 3180.)

§ 2105. Nonliability of United States

The Government of the United States shall have no liability in

connection with any housing unit, or necessary land therefor, or adaptation acquired under the provisions of this chapter.
§ 2105 CH. 21—SPECIALLY ADAPTED HOUSING 288

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 805; P.L. 96–385, § 301(d), Oct. 7, 1980,

94 Stat. 1531; renumbered § 2105, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 2106. Veterans’ mortgage life insurance

(a) The United States shall automatically insure any eligible veteran who is or has been granted assistance in securing a suitable

housing unit under this chapter against the death of the veteran

unless the veteran (1) submits to the Secretary in writing the veterans’ election not to be insured under this section, or (2) fails to

respond in a timely manner to a request from the Secretary for information on which the premium for such insurance can be based.

(b) The amount of insurance provided a veteran under this sec- tion may not exceed the lesser of $90,000 or the amount of the loan

outstanding on the housing unit. The amount of such insurance

shall be reduced according to the amortization schedule of the loan

and may not at any time exceed the amount of the outstanding

loan with interest. If there is no outstanding loan on the housing

unit, insurance is not payable under this section. If an eligible veteran elects not to be insured under this section, the veteran may

thereafter be insured under this section, but only upon submission

of an application, payment of required premiums, and compliance

with such health requirements and other terms and conditions as

may be prescribed by the Secretary.

(c) The premiums charged a veteran for insurance under this section shall be paid at such time and in such manner as the Secretary prescribes. The rates for such premiums shall be based on

such mortality data as the Secretary considers appropriate to cover

only the mortality cost of insuring standard lives. In the case of a

veteran receiving compensation or other cash benefits paid to the

veteran by the Secretary, the Secretary shall deduct from such

compensation or other benefits the premiums charged the veteran

under this section.

(d)(1) The United States shall bear the costs of insurance under

this section to the extent that such costs exceed premiums established by the Secretary. Premiums collected on insurance under

this section shall be credited to the ‘‘Veterans Insurance and Indemnities’’ appropriation account, and all disbursements of insurance proceeds under this section shall be made from that account.

(2) There are authorized to be appropriated to the Secretary for

such account such amounts as may be necessary to carry out this

section.

(e) Any amount of insurance in force under this section on the

date of the death of an eligible veteran insured under this section

shall be paid to the holder of the mortgage loan, for payment of

which the insurance was granted, for credit on the loan indebtedness. Any liability of the United States under such insurance shall

be satisfied when such payment is made. If the Secretary is the

holder of the mortgage loan, the insurance proceeds shall be credited to the loan indebtedness and deposited in the Veterans Housing Benefit Program Fund established by section 3722 of this title.

(f) The Secretary may prescribe such regulations relating to eligibility for insurance under this section, the maximum amount of insurance, the effective date of insurance, the maximum duration of

insurance, and other pertinent matters not specifically provided for
289 CH. 21—SPECIALLY ADAPTED HOUSING § 2106

in this section as the Secretary determines are in the best interest

of veterans or the United States.

(g) The amount of the insurance in force at any time shall be the

amount necessary to pay the mortgage indebtedness in full, except

as otherwise limited by subsection (b) of this section or regulations

prescribed by the Secretary under this section.

(h) The Secretary shall issue to each veteran insured under this

section a certificate setting forth the benefits to which the veteran

is entitled under the insurance.

(i) Insurance under this section shall terminate upon whichever

of the following events first occurs:

(1) Satisfaction of the veteran’s indebtedness under the loan

upon which the insurance is based.

(2) The veteran’s seventieth birthday.

(3) Termination of the veteran’s ownership of the property

securing the loan.

(4) Discontinuance of payment of premiums by the veteran.

(j) Termination of life insurance under this section shall not affect the guaranty or insurance of the loan by the Secretary.

(Added P.L. 92–95, § 1, Aug. 11, 1971, 85 Stat. 320, § 806; amended P.L. 94–433,

§ 302, Sept. 30, 1976, 90 Stat. 1377; P.L. 99–576, § 701(49), Oct. 28, 1986, 100 Stat.

3295; P.L. 100–322, § 333(a)(1), May 20, 1988, 102 Stat. 537; renumbered § 2106 and

amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406;

P.L. 102–568, § 204(a), Oct. 29, 1992, 106 Stat. 4325; P.L. 103–446, § 1201(h)(2),

Nov. 2, 1994, 108 Stat. 4688; P.L. 105–368, § 6023(e)(2), Nov. 11, 1998, 112 Stat.

3347.)
(290)

CHAPTER 23—BURIAL BENEFITS

Sec.

2301. Flags.

2302. Funeral expenses.

2303. Death in Department facility; plot allowance.

2304. Claims for reimbursement.

2305. Persons eligible under prior law.

2306. Headstones, markers, and burial receptacles.

2307. Death from service-connected disability.

2308. Transportation of deceased veteran to a national cemetery.

§ 2301. Flags

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

each—

(1) deceased veteran who— (A) was a veteran of any war, or of service after January

31, 1955;

(B) had served at least one enlistment; or

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

(2) deceased individual who at the time of death was entitled

to retired pay under chapter 67 of title 10 or would have been

entitled to retired pay under that chapter but for the fact that

the person was under 60 years of age.

(b) After the burial of the veteran the flag so furnished shall be

given to the veteran’s next of kin. If no claim is made for the flag

by the next of kin, it may be given, upon request, to a close friend

or associate of the deceased veteran. If a flag is given to a close

friend or associate of the deceased veteran, no flag shall be given

to any other person on account of the death of such veteran.

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

May 8, 1916.

(d) In the case of any person who died while in the active military, naval, or air service after May 27, 1941, the Secretary shall

furnish a flag to the next of kin, or to such other person as the Secretary considers most appropriate, if such next of kin or other person is not otherwise entitled to receive a flag under this section or

under section 1482(a) of title 10.

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

deceased person who is buried in a national cemetery by virtue of

eligibility for burial in such cemetery under section 2402(6) of this

title. After the burial, the flag shall be given to the next of kin or

to such other person as the Secretary considers appropriate.

(f )(1) The Secretary shall furnish a flag to drape the casket of

each deceased member or former member of the Selected Reserve
291 CH. 23—BURIAL BENEFITS § 2302

(as described in section 10143 of title 10) who is not otherwise eligible for a flag under this section or section 1482(a) of title 10—

(A) who completed at least one enlistment as a member of

the Selected Reserve or, in the case of an officer, completed the

period of initial obligated service as a member of the Selected

Reserve;

(B) who was discharged before completion of the person’s initial enlistment as a member of the Selected Reserve or, in the

case of an officer, period of initial obligated service as a member of the Selected Reserve, for a disability incurred or aggravated in line of duty; or

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

(2) A flag may not be furnished under subparagraph (A) or (B)

of paragraph (1) in the case of a person whose last discharge from

service in the Armed Forces was under conditions less favorable

than honorable.

(3) After the burial, a flag furnished under paragraph (1) shall

be given to the next of kin or to such other person as the Secretary

considers appropriate.

(g)(1) The Secretary may not procure any flag for the purposes

of this section that is not wholly produced in the United States.

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

if the Secretary determines—

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

(ii) that compliance with the requirement would not be in the

national interest of the United States.

(B) The Secretary shall submit to Congress in writing notice of

a determination under subparagraph (A) not later than 30 days

after the date on which such determination is made.

(3) For the purpose of paragraph (1), a flag shall be considered

to be wholly produced in the United States only if—

(A) the materials and components of the flag are entirely

grown, manufactured, or created in the United States;

(B) the processing (including spinning, weaving, dyeing, and

finishing) of such materials and components is entirely performed in the United States; and

(C) the manufacture and assembling of such materials and

components into the flag is entirely performed in the United

States.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 901; P.L. 87–240, Sept. 14, 1961, 75

Stat. 512; P.L. 89–358, § 9, Mar. 3, 1966, 80 Stat. 28; P.L. 90–77, § 402, Aug. 31,

1967, 81 Stat. 190; P.L. 91–588, § 9(g), Dec. 24, 1970, 84 Stat. 1585; P.L. 97–306,

§ 402(a), Oct. 14, 1982, 96 Stat. 1442; P.L. 99–576, § 701(50), Oct. 28, 1986, 100 Stat.

3295; P.L. 101–237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; P.L. 102–54,

§ 14(b)(20), June 13, 1991, 105 Stat. 284; renumbered § 2301 and amended P.L. 102–

83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–547, § 11(a), Oct. 28, 1992,

106 Stat. 3644; P.L. 105–261, §§ 517, 1073, Oct. 17, 1998, 112 Stat. 2009 and 2137;

P.L. 107–14, § 8(a)(3), June 5, 2001, 115 Stat. 34.)

§ 2302. Funeral expenses

(a) In the case of a deceased veteran—

(1) who at the time of death was in receipt of compensation

(or but for the receipt of retirement pay would have been entitled to compensation) or was in receipt of pension, or
§ 2302 CH. 23—BURIAL BENEFITS 292

(2) who was a veteran of any war or was discharged or released from the active military, naval, or air service for a disability incurred or aggravated in line of duty, whose body is

held by a State (or a political subdivision of a State), and with

respect to whom the Secretary determines—

(A) that there is no next of kin or other person claiming

the body of the deceased veteran, and

(B) that there are not available sufficient resources to

cover burial and funeral expenses,

the Secretary, in the Secretary’s discretion, having due regard to

the circumstances in each case, may pay a sum not exceeding $300

to such person as the Secretary prescribes to cover the burial and

funeral expenses of the deceased veteran and the expense of preparing the body and transporting it to the place of burial. For the

purpose of this subsection, the term ‘‘veteran’’ includes a person

who died during a period deemed to be active military, naval, or

air service under section 106(c) of this title.

(b) Except as hereafter provided in this subsection, no deduction

shall be made from the burial allowance because of the veteran’s

net assets at the time of the death of such veteran, or because of

any contribution from any source toward the burial and funeral expenses (including transportation) unless the amount of expenses incurred is covered by the amount actually paid therefor by the

United States, a State, any agency or political subdivision of the

United States or of a State, or the employer of the deceased veteran. No claim shall be allowed (1) for more than the difference between the entire amount of the expenses incurred and the amount

paid by any or all of the foregoing, or (2) when the burial allowance

would revert to the funds of a public or private organization or

would discharge such an organization’s obligation without payment. The burial allowance or any part thereof shall not be paid

in any case where specific provision is otherwise made for payment

of expenses of funeral, transportation, and interment under any

other Act.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 902; P.L. 88–359, July 7, 1964, 78 Stat.

296; P.L. 89–360, Mar. 7, 1966, 80 Stat. 29; P.L. 95–476, § 203(b), Oct. 18, 1978,

92 Stat. 1506; P.L. 95–479, § 303(a), Oct. 18, 1978, 92 Stat. 1565; P.L. 97–35,

§ 2001(a)(1), Aug. 13, 1981, 95 Stat. 781; P.L. 97–306, § 403[(a)], Oct. 14, 1982, 96

Stat. 1443; P.L. 101–237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered

§ 2302, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 2303. Death in Department facility; plot allowance

(a)(1) When a veteran dies in a facility described in paragraph

(2), the Secretary shall—

(A) pay the actual cost (not to exceed $300) of the burial and

funeral or, within such limits, may make contracts for such

services without regard to the laws requiring advertisement for

proposals for supplies and services for the Department; and

(B) when such a death occurs in a State, transport the body

to the place of burial in the same or any other State.

(2) A facility described in this paragraph is—

(A) a facility of the Department (as defined in section 1701(3)

of this title) to which the deceased was properly admitted for
293 CH. 23—BURIAL BENEFITS § 2303

hospital, nursing home, or domiciliary care under section 1710

or 1711(a) of this title; or

(B) an institution at which the deceased veteran was, at the

time of death, receiving—

(i) hospital care in accordance with section 1703 of this

title;

(ii) nursing home care under section 1720 of this title; or

(iii) nursing home care for which payments are made

under section 1741 of this title.

(b) In addition to the benefits provided for under section 2302 of

this title and subsection (a) of this section, in the case of a veteran

who is eligible for a burial allowance under such section 2302, or

under such subsection, who was discharged from the active military, naval, or air service for a disability incurred or aggravated in

line of duty, or who is a veteran of any war and who is not buried

in a national cemetery or other cemetery under the jurisdiction of

the United States—

(1) if such veteran is buried (without charge for the cost of

a plot or interment) in a cemetery, or a section of a cemetery,

that (A) is used solely for the interment of persons who are (i)

eligible for burial in a national cemetery, and (ii) members of

a reserve component of the Armed Forces not otherwise eligible

for such burial or former members of such a reserve component

not otherwise eligible for such burial who are discharged or released from service under conditions other than dishonorable,

and (B) is owned by a State or by an agency or political subdivision of a State, the Secretary shall pay to such State, agency, or political subdivision the sum of $300 as a plot or interment allowance for such veteran; and

(2) if such veteran (other than a veteran whose eligibility for

benefits under this subsection is based on being a veteran of

any war) is buried in a cemetery, or a section of a cemetery,

other than as described in clause (1) of this subsection, the

Secretary shall pay a sum not exceeding $300 as a plot or interment allowance to such person as the Secretary prescribes,

except that if any part of the plot or interment costs of a burial

to which this clause applies has been paid or assumed by a

State, an agency or political subdivision of a State, or a former

employer of the deceased veteran, no claim for such allowance

shall be allowed for more than the difference between the entire amount of the expenses incurred and the amount paid or

assumed by any or all of the foregoing entities.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1170, § 903; P.L. 86–70, § 29(a), June 25, 1959,

73 Stat. 148; P.L. 86–624, § 25(b), July 12, 1960, 74 Stat. 418; P.L. 87–99, July 21,

1961, 75 Stat. 218; P.L. 89–358, § 4(i), Mar. 3, 1966, 80 Stat. 24; P.L. 93–43,

§ 5(a)(1), June 18, 1973, 87 Stat. 80; P.L. 94–581, § 204, Oct. 21, 1976, 90 Stat. 2856;

P.L. 95–476, § 202(a), Oct. 18, 1978, 92 Stat. 1503; P.L. 95–479, § 303(a), Oct. 18,

1978, 92 Stat. 1565; P.L. 97–35, § 2001(b), Aug. 13, 1981, 95 Stat. 781; P.L. 97–306,

§ 404(a), Oct. 14, 1982, 96 Stat. 1443; P.L. 99–272, § 19012(c)(4), Apr. 7, 1986, 100

Stat. 382; P.L. 101–237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; P.L. 101–508,

§ 8042(a), Nov. 5, 1990, 104 Stat. 1388–349; renumbered § 2303 and amended P.L.

102–83, §§ 4(a)(3), (4), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 104–275,

§ 212, Oct. 9, 1996, 110 Stat. 3330; P.L. 105–114, § 401(a), Nov. 21, 1997, 111 Stat.

2293; P.L. 106–419, § 333(a), Nov. 1, 2000, 114 Stat. 1856; P.L. 107–103, § 501(b)(1),

Dec. 27, 2001, 115 Stat. 994.)
§ 2304 CH. 23—BURIAL BENEFITS 294

§ 2304. Claims for reimbursement

Applications for payments under section 2302 of this title must

be filed within two years after the burial of the veteran. If the burial allowance was not payable at the death of the veteran because

of the nature of the veteran’s discharge from the service, but after

the veteran’s death the veteran’s discharge has been corrected by

competent authority so as to reflect a discharge from the service

under conditions other than dishonorable, then the burial allowance may be paid if a claim is filed within two years from the date

of correction of the discharge. If a claimant’s application is incomplete at the time it is originally submitted, the Secretary shall notify the applicant of the evidence necessary to complete the application. If such evidence is not received within one year from the date

of such notification, no allowance may be paid.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1170, § 904; P.L. 88–3, Apr. 2, 1963, 77 Stat.

4; P.L. 91–24, § 7, June 11, 1969, 83 Stat. 34; P.L. 99–576, § 701(51), Oct. 28, 1986,

100 Stat. 3295; P.L. 101–237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered

§ 2304 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 2305. Persons eligible under prior law

The death of any person who had a status which would, under

the laws in effect on December 31, 1957, afford entitlement to the

burial benefits and other benefits provided for in this chapter, but

who did not meet the service requirements contained in this chapter, shall afford entitlement to such benefits, notwithstanding the

failure of such person to meet such service requirements.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1170, § 905; renumbered § 2305, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 2306. Headstones, markers, and burial receptacles

(a) The Secretary shall furnish, when requested, appropriate

Government headstones or markers at the expense of the United

States for the unmarked graves of the following:

(1) Any individual buried in a national cemetery or in a post

cemetery.

(2) Any individual eligible for burial in a national cemetery

(but not buried there), except for those persons or classes of

persons enumerated in section 2402(4), (5), and (6) of this title.

(3) Soldiers of the Union and Confederate Armies of the Civil

War.

(4) Any individual described in section 2402(5) of this title

who is buried in a veterans’ cemetery owned by a State.

(5) Any individual who at the time of death was entitled to

retired pay under chapter 1223 of title 10 or would have been

entitled to retired pay under that chapter but for the fact that

the person was under 60 years of age.

(b)(1) The Secretary shall furnish, when requested, an appropriate memorial headstone or marker for the purpose of commemorating an eligible individual whose remains are unavailable. Such

a headstone or marker shall be furnished for placement in a national cemetery area reserved for that purpose under section 2403

of this title, a veterans’ cemetery owned by a State, or, in the case

of a veteran, in a State, local, or private cemetery.
295 CH. 23—BURIAL BENEFITS § 2306

(2) For purposes of paragraph (1), an eligible individual is any

of the following:

(A) A veteran.

(B) The spouse or surviving spouse of a veteran.

(3) For purposes of paragraph (1), the remains of an individual

shall be considered to be unavailable if the individual’s remains— (A) have not been recovered or identified;

(B) were buried at sea, whether by the individual’s own

choice or otherwise;

(C) were donated to science; or

(D) were cremated and the ashes scattered without interment of any portion of the ashes.

(4) For purposes of this subsection:

(A) The term ‘‘veteran’’ includes an individual who dies in

the active military, naval, or air service.

(B) The term ‘‘surviving spouse’’ includes an unremarried

surviving spouse whose subsequent remarriage was terminated

by death or divorce.

(c) A headstone or marker furnished under subsection (a), (b), or

(d) of this section may be of any material, including but not limited

to marble, granite, bronze, or slate, requested by the person entitled to request such headstone or marker if the material requested

is determined by the Secretary (1) to be cost effective, and (2) in

a case in which the headstone or marker is to be placed in a national cemetery, to be aesthetically compatible with the area of the

cemetery in which it is to be placed.

(d)(1) The Secretary shall furnish, when requested, an appropriate Government marker at the expense of the United States for

the grave of an individual described in paragraph (2) or (5) of subsection (a) who is buried in a private cemetery, notwithstanding

that the grave is marked by a headstone or marker furnished at

private expense. Such a marker may be furnished only if the individual making the request for the Government marker certifies to

the Secretary that the marker will be placed on the grave for which

the marker is requested.

(2) Any marker furnished under this subsection shall be delivered by the Secretary directly to the cemetery where the grave is

located.

(3) The authority to furnish a marker under this subsection expires on December 31, 2006.

(4) Not later than February 1, 2006, the Secretary shall submit

to the Committees on Veterans’ Affairs of the Senate and House of

Representatives a report on the use of the authority under this

subsection. The report shall include the following:

(A) The rate of use of the benefit under this subsection,

shown by fiscal year.

(B) An assessment as to the extent to which markers furnished under this subsection are being delivered to cemeteries

and placed on grave sites consistent with the provisions of this

subsection.

(C) The Secretary’s recommendation for extension or repeal

of the expiration date specified in paragraph (3).

(e)(1) The Secretary of Veterans Affairs shall provide an outer

burial receptacle for each new grave in an open cemetery under the
§ 2306 CH. 23—BURIAL BENEFITS 296

control of the National Cemetery Administration in which remains

are interred in a casket. The Secretary of the Army may provide

an outer burial receptacle for such a grave in the Arlington National Cemetery.

(2) The use of outer burial receptacles in a cemetery under the

control of the National Cemetery Administration or in the Arlington National Cemetery shall be in accordance with regulations or

procedures approved by the Secretary of Veterans Affairs or Secretary of the Army, respectively.

(3) Regulations or procedures under paragraph (2) may specify

that—

(A) an outer burial receptacle other than a grave liner be

provided in lieu of a grave liner at the election of the survivors

of the interred veteran; and

(B) if an outer burial receptacle other than a grave liner is

provided in lieu of a grave liner upon an election of such survivors, such survivors be required—

(i) to pay the amount by which the cost of the outer burial receptacle exceeds the cost of the grave liner that would

otherwise have been provided in the absence of the election; and

(ii) to pay the amount of the administrative costs incurred by the Secretary (or, with respect to Arlington National Cemetery, the Secretary of the Army) in providing

the outer burial receptacle in lieu of such grave liner.

(4) Regulations or procedures under paragraph (2) may provide

for the use of a voucher system, or other system of reimbursement

approved by the Secretary (or, with respect to Arlington National

Cemetery, the Secretary of the Army), for payment for outer burial

receptacles other than grave liners provided under such regulations

or procedures.

(f)(1) When the Secretary has furnished a headstone or marker

under subsection (a) for the unmarked grave of an individual, the

Secretary shall, if feasible, add a memorial inscription to that headstone or marker rather than furnishing a separate headstone or

marker under that subsection for the surviving spouse of such individual.

(2) When the Secretary has furnished a memorial headstone or

marker under subsection (b) for purposes of commemorating a veteran or an individual who died in the active military, naval, or air

service, the Secretary shall, if feasible, add a memorial inscription

to that headstone or marker rather than furnishing a separate memorial headstone or marker under that subsection for the surviving

spouse of such individual.

(Added P.L. 93–43, § 5(a)(2), June 18, 1973, 87 Stat. 80, § 906; amended P.L. 95–

476, § 203(a), Oct. 18, 1978, 92 Stat. 1505; P.L. 95–479, § 303(b), Oct. 18, 1978, 92

Stat. 1565; P.L. 96–385, § 502, Oct. 7, 1980, 94 Stat. 1534; P.L. 97–66, § 603(a), Oct.

17, 1981, 95 Stat. 1034; P.L. 100–322, § 344(a), (b)(1), May 20, 1988, 102 Stat. 540;

P.L. 101–237, § 313(b)(1), (3), §§ 501, 504(a), Dec. 18, 1989, 103 Stat. 2077, 2093,

2094; P.L. 101–508, § 8041(a), Nov. 5, 1990, 104 Stat. 1388–349; renumbered § 2306

and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–547,

§ 11(b), Oct. 28, 1992, 106 Stat. 3644; P.L. 104–275, § 213(a), (b)(1), Oct. 9, 1996, 110

Stat. 3331, 3332; P.L. 105–368, § § 401(a), (b), 403(c)(2), Nov. 11, 1998, 112 Stat.

3334, 3338; P.L. 107–103, § 502(a)–(c), Dec. 27, 2001, 115 Stat. 994.)
297 CH. 23—BURIAL BENEFITS § 2308

§ 2307. Death from service-connected disability

In any case in which a veteran dies as the result of a serviceconnected disability or disabilities, the Secretary, upon the request

of the survivors of such veteran, shall pay the burial and funeral

expenses incurred in connection with the death of the veteran in

an amount not exceeding the greater of (1) $2,000, or (2) the

amount authorized to be paid under section 8134(a) of title 5 in the

case of a Federal employee whose death occurs as the result of an

injury sustained in the performance of duty. Funeral and burial

benefits provided under this section shall be in lieu of any benefits

authorized under sections 2302 and 2303(a)(1) and (b) of this title.

(Added P.L. 93–43, § 5(a)(2), June 18, 1973, 87 Stat. 80, § 907; amended P.L. 95–

479, § 303(c), Oct. 18, 1978, 92 Stat. 1565; P.L. 100–322, § 303, May 20, 1988, 102

Stat. 534; P.L. 101–237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered

§ 2307 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 107–

103, § 501(a)(1), Dec. 27, 2001, 115 Stat. 994.)

§ 2308. Transportation of deceased veteran to a national

cemetery

Where a veteran dies as the result of a service-connected disability, or is in receipt of (but for the receipt of retirement pay or

pension under this title would have been entitled to) disability compensation, the Secretary may pay, in addition to any amount paid

pursuant to section 2302 or 2307 of this title, the cost of transportation of the deceased veteran for burial in a national cemetery.

Such payment shall not exceed the cost of transportation to the national cemetery nearest the veteran’s last place of residence in

which burial space is available.

(Added P.L. 94–433, § 304(a), Sept. 30, 1976, 90 Stat. 1377, § 908; amended P.L.

101–237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2308 and amended

P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
(298)

CHAPTER 24—NATIONAL CEMETERIES AND MEMORIALS

Sec.

2400. Establishment of National Cemetery Administration; composition of Administration.

2401. Advisory Committee on Cemeteries and Memorials.

2402. Persons eligible for interment in national cemeteries.

2403. Memorial areas.

2404. Administration.

2405. Disposition of inactive cemeteries.

2406. Acquisition of lands.

2407. Authority to accept and maintain suitable memorials.

2408. Aid to States for establishment, expansion, and improvement of veterans’

cemeteries.

2409. Memorial areas in Arlington National Cemetery.

2410. Burial of cremated remains in Arlington National Cemetery.

2411. Prohibition against interment or memorialization in the National Cemetery System or Arlington National Cemetery of persons committing

Federal or State capital crimes.

§ 2400. Establishment of National Cemetery Administration;

composition of Administration

(a) There shall be within the Department a National Cemetery

Administration responsible for the interment of deceased

servicemembers and veterans. The National Cemetery Administration shall be headed by the Under Secretary for Memorial Affairs,

who shall perform such functions as may be assigned by the Secretary.

(b) The national cemeteries and other facilities under the control

of the National Cemetery Administration shall consist of—

(1) national cemeteries transferred from the Department of

the Army to the Veterans’ Administration by the National

Cemeteries Act of 1973;

(2) cemeteries under the jurisdiction of the Veterans’ Administration on the date of enactment of this chapter; and

(3) any other cemetery, memorial, or monument transferred

to the Veterans’ Administration by the National Cemeteries

Act of 1973, or later acquired or developed by the Secretary.

(Added P.L. 93–43, § 2(a), June 18, 1973, 87 Stat. 75, § 1000; amended P.L. 99–576,

§ 701(52), Oct. 28, 1986, 100 Stat. 3295; P.L. 100–527, § 13(i), Oct. 25, 1988, 102

Stat. 2644; P.L. 101–237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered

§ 2400 and amended P.L. 102–83, §§ 4(a)(3), (4), 5(a), Aug. 6, 1991, 105 Stat. 404,

406; P.L. 105–368, § 403(c)(3), Nov. 11, 1998, 112 Stat. 3338.)

§ 2401. Advisory Committee on Cemeteries and Memorials

There shall be appointed by the Secretary an Advisory Committee on Cemeteries and Memorials. The Secretary shall advise

and consult with the Committee from time to time with respect to

the administration of the cemeteries for which the Secretary is responsible, and with respect to the selection of cemetery sites, the

erection of appropriate memorials, and the adequacy of Federal
299 CH. 24—NATIONAL CEMETERIES AND MEMORIALS § 2402

burial benefits. The Committee shall make periodic reports and

recommendations to the Secretary and to Congress.

(Added P.L. 93–43, § 2(a), June 18, 1973, 87 Stat. 75, § 1001; amended P.L. 99–576,

§ 701(53), Oct. 28, 1986, 100 Stat. 3295; P.L. 101–237, § 313(b)(1), Dec. 18, 1989, 103

Stat. 2077; renumbered § 2401, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 2402. Persons eligible for interment in national cemeteries

Under such regulations as the Secretary may prescribe and subject to the provisions of section 6105 of this title, the remains of

the following persons may be buried in any open national cemetery

under the control of the National Cemetery Administration:

(1) Any veteran (which for the purposes of this chapter includes a person who died in the active military, naval, or air

service).

(2) Any member of a Reserve component of the Armed

Forces, and any member of the Army National Guard or the

Air National Guard, whose death occurs under honorable conditions while such member is hospitalized or undergoing treatment, at the expense of the United States, for injury or disease

contracted or incurred under honorable conditions while such

member is performing active duty for training, inactive duty

training, or undergoing that hospitalization or treatment at the

expense of the United States.

(3) Any member of the Reserve Officers’ Training Corps of

the Army, Navy, or Air Force whose death occurs under honorable conditions while such member is—

(A) attending an authorized training camp or on an authorized practice cruise;

(B) performing authorized travel to or from that camp or

cruise; or

(C) hospitalized or undergoing treatment, at the expense

of the United States, for injury or disease contracted or incurred under honorable conditions while such member is—

(i) attending that camp or on that cruise;

(ii) performing that travel; or

(iii) undergoing that hospitalization or treatment at

the expense of the United States.

(4) Any citizen of the United States who, during any war in

which the United States is or has been engaged, served in the

armed forces of any government allied with the United States

during that war, and whose last such service terminated honorably.

(5) The spouse, surviving spouse (which for purposes of this

chapter includes an unremarried surviving spouse who had a

subsequent remarriage which was terminated by death or divorce), minor child (which for purposes of this chapter includes

a child under 21 years of age, or under 23 years of age if pursuing a course of instruction at an approved educational institution), and, in the discretion of the Secretary, unmarried

adult child of any of the persons listed in paragraphs (1)

through (4) and paragraph (7).

(6) Such other persons or classes of persons as may be designated by the Secretary.
§ 2402 CH. 24—NATIONAL CEMETERIES AND MEMORIALS 300

(7) Any person who at the time of death was entitled to retired pay under chapter 1223 of title 10 or would have been entitled to retired pay under that chapter but for the fact that

the person was under 60 years of age.

(8) Any individual whose service is described in section

107(a) of this title if such individual at the time of death—

(A) was a citizen of the United States or an alien lawfully admitted for permanent residence in the United

States; and

(B) resided in the United States.

(Added P.L. 93–43, § 2(a), June 18, 1973, 87 Stat. 75, § 1002; amended P.L. 99–576,

§ 701(54), Oct. 28, 1986, 100 Stat. 3295; P.L. 101–237, § 313(b)(1), Dec. 18, 1989, 103

Stat. 2077; P.L. 102–40, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 2402,

P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; P.L. 103–240, § 1, May 4, 1994, 108

Stat. 609; P.L. 103–446, §§ 801, 802, Nov. 2, 1994, 108 Stat. 4675; P.L. 104–275,

§ 211, Oct. 9, 1996, 110 Stat. 3330; P.L. 105–368, § 403(c)(5), Nov. 11, 1998, 112

Stat. 3338; P.L. 106–419, §§ 331(a), 404(a)(5), Nov. 1, 2000, 114 Stat. 1856, 1865.)

§ 2403. Memorial areas

(a) The Secretary shall set aside, when available, suitable areas

in national cemeteries to honor the memory of members of the

Armed Forces and veterans—

(1) who are missing in action;

(2) whose remains have not been recovered or identified;

(3) whose remains were buried at sea, whether by the member’s or veteran’s own choice or otherwise;

(4) whose remains were donated to science; or

(5) whose remains were cremated and the ashes scattered

without interment of any portion of the ashes.

(b) Under regulations prescribed by the Secretary, group memorials may be placed to honor the memory of groups of individuals

referred to in subsection (a), and appropriate memorial headstones

and markers may be placed to honor the memory of individuals referred to in subsection (a) and section 2306(b) of this title.

(c) All national and other veterans’ cemeteries under the control

of the National Cemetery Administration shall be considered national shrines as a tribute to our gallant dead and, notwithstanding

the provisions of any other law, the Secretary is hereby authorized

to permit appropriate officials to fly the flag of the United States

of America at such cemeteries twenty-four hours each day.

(Added P.L. 93–43, § 2(a), June 18, 1973, 87 Stat. 76, § 1003; amended P.L. 97–66,

§ 603(b), Oct. 17, 1981, 95 Stat. 1034; P.L. 97–295, § 4(34), Oct. 12, 1982, 96 Stat.

1307; P.L. 101–237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2403,

P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; P.L. 105–368, §§ 401(c), 403(c)(6),

Nov. 11, 1998, 112 Stat. 3335, 3339.)

§ 2404. Administration

(a) The Secretary is authorized to make all rules and regulations

which are necessary or appropriate to carry out the provisions of

this chapter, and may designate those cemeteries which are considered to be national cemeteries.

(b) In conjunction with the development and administration of

cemeteries for which the Secretary is responsible, the Secretary

shall provide all necessary facilities including, as necessary, superintendents’ lodges, chapels, crypts, mausoleums, and columbaria.
301 CH. 24—NATIONAL CEMETERIES AND MEMORIALS § 2404

(c)(1) Subject to paragraph (2), each grave in a national cemetery

shall be marked with an appropriate marker. Such marker shall

bear the name of the person buried, the number of the grave, and

such other information as the Secretary shall by regulation prescribe.

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

that—(A) in the case of any cemetery scheduled to be closed by

September 30, 1991, as indicated in the documents submitted

by the Administrator of Veterans’ Affairs to the Congress in

justification for the amounts included for Department programs in the President’s Budget for fiscal year 1987, the Secretary may provide for flat grave markers;

(B) in the case of any cemetery with a section which has flat

markers on October 28, 1986, the Secretary may continue to

provide for flat grave markers in such section;

(C) in the case of any cemetery located on the grounds of or

adjacent to a Department health-care facility, the Secretary

may provide for flat grave markers; and

(D) in the case of grave sites of cremated remains that are

interred in the ground, the Secretary may provide for flat

grave markers.

(d) There shall be kept in each national cemetery, and at the

main office of the Department, a register of burials in each cemetery setting forth the name of each person buried in the cemetery,

the number of the grave in which the veteran is buried, and such

other information as the Secretary by regulation may prescribe.

(e) In carrying out the Secretary’s responsibilities under this

chapter, the Secretary may contract with responsible persons,

firms, or corporations for the care and maintenance of such cemeteries under the Secretary’s jurisdiction as the Secretary shall

choose, under such terms and conditions as the Secretary may prescribe.

(f)(1) The Secretary is authorized to convey to any State, or political subdivision thereof, in which any national cemetery is located,

all right, title, and interest of the United States in and to any Government owned or controlled approach road to such cemetery if,

prior to the delivery of any instrument of conveyance, the State or

political subdivision to which such conveyance is to be made notifies the Secretary in writing of its willingness to accept and maintain the road included in such conveyance. Upon the execution and

delivery of such a conveyance, the jurisdiction of the United States

over the road conveyed shall cease and thereafter vest in the State

or political subdivision concerned.

(2) The Secretary may, to the extent of appropriated funds available for such purpose, make a contribution to local authorities for

the construction of road improvements or traffic controls or other

devices on land adjacent to a national cemetery if the Secretary determines that such a contribution is essential to ensure safe ingress to or egress from the cemetery.

(g) Notwithstanding any other provision of law, the Secretary

may at such time as the Secretary deems desirable, relinquish to

the State in which any cemetery, monument, or memorial under
§ 2404 CH. 24—NATIONAL CEMETERIES AND MEMORIALS 302

the Secretary’s jurisdiction is located, such portion of legislative jurisdiction over the lands involved as is necessary to establish concurrent jurisdiction between the Federal Government and the State

concerned. Such partial relinquishment of jurisdiction under the

authority of this subsection may be made by filing with the Governor of the State involved a notice of such relinquishment and

shall take effect upon acceptance thereof by the State in such manner as its laws may prescribe.

(Added P.L. 93–43, § 2(a), June 18, 1973, 87 Stat. 76, § 1004; amended P.L. 99–576,

§ 411, § 701(55), Oct. 28, 1986, 100 Stat. 3283, 3295; P.L. 100–322, §§ 341(a), 342,

May 20, 1988, 102 Stat. 539, 540; P.L. 101–237, § 313(b)(1), Dec. 18, 1989, 103 Stat.

2077; P.L. 102–54, § 14(b)(21), June 13, 1991, 105 Stat. 284; renumbered § 2404 and

amended P.L. 102–83, §§ 4(a)(3), (4), (b)(7), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

§ 2405. Disposition of inactive cemeteries

(a) The Secretary may transfer, with the consent of the agency

concerned, any inactive cemetery, burial plot, memorial, or monument within the Secretary’s control to the Department of the Interior for maintenance as a national monument or park, or to any

other agency of the Government. Any cemetery transferred to the

Department of the Interior shall be administered by the Secretary

of the Interior as a part of the National Park System, and funds

appropriated to the Secretary of the Interior or such system shall

be available for the management and operation of such cemetery.

(b) The Secretary may also transfer and convey all right, title,

and interest of the United States in or to any inactive cemetery or

burial plot, or portion thereon, to any State, county, municipality,

or proper agency thereof, in which or in the vicinity of which such

cemetery or burial plot is located, but in the event the grantee

shall cease or fail to care for and maintain the cemetery or burial

plot or the graves and monuments contained therein in a manner

satisfactory to the Secretary, all such right, title, and interest

transferred or conveyed by the United States, shall revert to the

United States.

(c) If a cemetery not under the control of the National Cemetery

Administration has been or is to be discontinued, the Secretary

may provide for the removal of remains from that cemetery to any

cemetery under the control of such Administration. The Secretary

may also provide for the removal of the remains of any veteran

from a place of temporary interment, or from an abandoned grave

or cemetery, to a national cemetery.

(Added P.L. 93–43, § 2(a), June 18, 1973, 87 Stat. 77, § 1005; amended P.L. 99–576,

§ 701(56), Oct. 28, 1986, 100 Stat. 3295; P.L. 101–237, § 313(b)(1), (4), Dec. 18, 1989,

103 Stat. 2077; renumbered § 2405, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406;

P.L. 105–368, § 403(c)(7), Nov. 11, 1998, 112 Stat. 3339.)

§ 2406. Acquisition of lands

As additional lands are needed for national cemeteries, they may

be acquired by the Secretary by purchase, gift (including donations

from States or political subdivisions thereof), condemnation, transfer from other Federal agencies, or otherwise, as the Secretary determines to be in the best interest of the United States.

(Added P.L. 93–43, § 2(a), June 18, 1973, 87 Stat. 78, § 1006; amended P.L. 99–576,

§ 701(57), Oct. 28, 1986, 100 Stat. 3295; P.L. 101–237, § 313(b)(1), Dec. 18, 1989, 103

Stat. 2077; renumbered § 2406, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
303 CH. 24—NATIONAL CEMETERIES AND MEMORIALS § 2408

§ 2407. Authority to accept and maintain suitable memorials

Subject to such restrictions as the Secretary may prescribe, the

Secretary may accept gifts, devises, or bequests from legitimate societies and organizations or reputable individuals, made in any

manner, which are made for the purpose of beautifying national

cemeteries, or are determined to be beneficial to such cemetery.

The Secretary may make land available for this purpose, and may

furnish such care and maintenance as the Secretary deems necessary.

(Added P.L. 93–43, § 2(a), June 18, 1973, 87 Stat. 78, § 1007; amended P.L. 99–576,

§ 701(58), Oct. 28, 1986, 100 Stat. 3296; P.L. 101–237, § 313(b)(1), Dec. 18, 1989, 103

Stat. 2077; renumbered § 2407, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 2408. Aid to States for establishment, expansion, and improvement of veterans’ cemeteries

(a)(1) Subject to subsection (b) of this section, the Secretary may

make grants to any State to assist such State in establishing, expanding, or improving veterans’ cemeteries owned by such State.

Any such grant may be made only upon submission of an application to the Secretary in such form and manner, and containing

such information, as the Secretary may require.

(2) There is authorized to be appropriated such sums as may be

necessary for fiscal year 1999 and for each succeeding fiscal year

through fiscal year 2004 for the purpose of making grants under

paragraph (1).

(b) Grants under this section shall be subject to the following

conditions:

(1) The amount of a grant under this section may not

exceed—

(A) in the case of the establishment of a new cemetery,

the sum of: (i) the cost of improvements to be made on the

land to be converted into a cemetery; and (ii) the cost of

initial equipment necessary to operate the cemetery; and

(B) in the case of the expansion or improvement of an

existing cemetery, the sum of: (i) the cost of improvements

to be made on any land to be added to the cemetery; and

(ii) the cost of any improvements to be made to the existing cemetery.

(2) If the amount of a grant under this section is less than

the amount of costs referred to in subparagraph (A) or (B) of

paragraph (1), the State receiving the grant shall contribute

the excess of such costs over the grant.

(3) If a State that has received a grant under this section to

establish, expand, or improve a veterans’ cemetery ceases to

own such cemetery, ceases to operate such cemetery as a veterans’ cemetery, or uses any part of the funds provided

through such grant for a purpose other than that for which the

grant was made, the United States shall be entitled to recover

from such State the total of all grants made under this section

to such State in connection with such cemetery.

(c)(1) In addition to the conditions specified in subsection (b) of

this section, any grant to a State under this section to assist such

State in establishing a veterans’ cemetery shall be made on the
§ 2408 CH. 24—NATIONAL CEMETERIES AND MEMORIALS 304

condition that such cemetery shall conform to such standards and

guidelines relating to site selection, planning, and construction as

the Secretary may by regulation prescribe. In prescribing regulations for the purposes of the preceding sentence, the Secretary

shall take into account the standards and guidelines for site selection, planning, and construction that are applicable to cemeteries

under the control of the National Cemetery Administration, including those provided in subsections (b), (c), and (d) of section 2404 of

this title.

(2) The Secretary may by regulation prescribe such additional

terms and conditions for grants under this section as the Secretary

considers appropriate.

(d)(1) In addition to the conditions specified in subsections (b)

and (c), any grant made on or after November 21, 1997, to a State

under this section to assist such State in establishing, expanding,

or improving a veterans’ cemetery shall be made subject to the condition specified in paragraph (2).

(2) For purposes of paragraph (1), the condition described in this

paragraph is that, after the date of the receipt of the grant, such

State prohibit the interment or memorialization in that cemetery

of a person described in section 2411(b) of this title, subject to the

receipt of notice described in subsection (a)(2) of such section, except that for purposes of this subsection—

(A) such notice shall be furnished to an appropriate official

of such State; and

(B) a finding described in subsection (b)(3) of such section

shall be made by an appropriate official of such State.

(e) Sums appropriated under subsection (a) of this section shall

remain available until expended. If all funds from a grant under

this section have not been utilized by a State for the purpose for

which the grant was made within three years after such grant is

made, the United States shall be entitled to recover any such unused grant funds from such State.

(Added P.L. 95–476, § 202(b)(1), Oct. 18, 1978, 92 Stat. 1504, § 1008; amended P.L.

98–223, § 202, Mar. 2, 1984, 98 Stat. 41; P.L. 100–322, § 343, May 20, 1988, 102

Stat. 540; P.L. 100–687, § 1601, Nov. 18, 1988, 102 Stat. 4137; P.L. 101–237,

§ 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2408 and amended P.L.

102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 103–446, § 803, Nov. 2, 1994,

108 Stat. 4675; P.L. 105–116, § 2, Nov. 21, 1997, 111 Stat. 2382; P.L. 105–368,

§ § 403(c)(8), 404, 1005(b)(5), Nov. 11, 1998, 112 Stat. 3338.)

§ 2409. Memorial areas in Arlington National Cemetery

(a) The Secretary of the Army may set aside, when available, a

suitable area or areas in Arlington National Cemetery, Virginia, to

honor the memory of members of the Armed Forces and veterans—

(1) who are missing in action;

(2) whose remains have not been recovered or identified;

(3) whose remains were buried at sea, whether by the member’s or veteran’s own choice or otherwise;

(4) whose remains were donated to science; or

(5) whose remains were cremated and whose ashes were

scattered without interment of any portion of the ashes.

(b) Under regulations prescribed by the Secretary of the Army,

appropriate memorials or markers may be erected in Arlington Na-
305 CH. 24—NATIONAL CEMETERIES AND MEMORIALS § 2411

tional Cemetery to honor the memory of those individuals, or group

of individuals, referred to in subsection (a) of this section.

(Added P.L. 99–576, § 413(a), Oct. 28, 1986, 100 Stat. 3284, § 1009; amended P.L.

101–237, § 313(b)(5), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2409, P.L. 102–

83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 2410. Burial of cremated remains in Arlington National

Cemetery

(a) The Secretary of the Army shall designate an area of appropriate size within Arlington National Cemetery for the unmarked

interment, in accordance with such regulations as the Secretary

may prescribe, of the ashes of persons eligible for interment in Arlington National Cemetery whose remains were cremated. Such

area shall be an area not suitable for the burial of casketed remains.

(b) The Secretary of each military department shall make available appropriate forms on which those members of the Armed

Forces who so desire may indicate their desire to be buried within

the area to be designated under subsection (a).

(Added P.L. 101–237, § 502(a), Dec. 18, 1989, 103 Stat. 2093, § 1010; amended P.L.

102–54, § 14(b)(22), June 13, 1991, 105 Stat. 284; renumbered § 2410, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 2411. Prohibition against interment or memorialization in

the National Cemetery System or Arlington National Cemetery of persons committing Federal or

State capital crimes

(a)(1) In the case of a person described in subsection (b), the appropriate Federal official may not—

(A) inter the remains of such person in a cemetery in the National Cemetery System or in Arlington National Cemetery; or

(B) honor the memory of such person in a memorial area in

a cemetery in the National Cemetery System (described in section 2403(a) of this title) or in such an area in Arlington National Cemetery (described in section 2409(a) of this title).

(2) The prohibition under paragraph (1) shall not apply unless

written notice of a conviction or finding under subsection (b) is received by the appropriate Federal official before such official approves an application for the interment or memorialization of such

person. Such written notice shall be furnished to such official by

the Attorney General, in the case of a Federal capital crime, or by

an appropriate State official, in the case of a State capital crime.

(b) A person referred to in subsection (a) is any of the following:

(1) A person who has been convicted of a Federal capital

crime for which the person was sentenced to death or life imprisonment.

(2) A person who has been convicted of a State capital crime

for which the person was sentenced to death or life imprisonment without parole.

(3) A person who—

(A) is found (as provided in subsection (c)) to have committed a Federal capital crime or a State capital crime, but
§ 2411 CH. 24—NATIONAL CEMETERIES AND MEMORIALS 306

(B) has not been convicted of such crime by reason of

such person not being available for trial due to death or

flight to avoid prosecution.

(c) A finding under subsection (b)(3) shall be made by the appropriate Federal official. Any such finding may only be made based

upon a showing of clear and convincing evidence, after an opportunity for a hearing in a manner prescribed by the appropriate

Federal official.

(d) For purposes of this section:

(1) The term ‘‘Federal capital crime’’ means an offense under

Federal law for which the death penalty or life imprisonment

may be imposed.

(2) The term ‘‘State capital crime’’ means, under State law,

the willful, deliberate, or premeditated unlawful killing of another human being for which the death penalty or life imprisonment without parole may be imposed.

(3) The term ‘‘appropriate Federal official’’ means—

(A) the Secretary, in the case of the National Cemetery

System; and

(B) the Secretary of the Army, in the case of Arlington

National Cemetery.

(Added P.L. 105–116, § 1(a), Nov. 21, 1997, 111 Stat. 2381.)
(307)

PART III—READJUSTMENT AND RELATED

BENEFITS

CHAPTER Sec.

30. All-Volunteer Force Educational Assistance Program 3001

31. Training and Rehabilitation for Veterans with

Service-Connected Disabilities ................................... 3100

32. Post-Vietnam Era Veterans’ Educational Assistance .. 3201

33. [Repealed.]

34. Veterans’ Educational Assistance .................................. 3451

35. Survivors’ and Dependents’ Educational Assistance ... 3500

36. Administration of Educational Benefits ........................ 3670

37. Housing and Small Business Loans .............................. 3701

39. Automobiles and Adaptive Equipment for Certain

Disabled Veterans and Members of the Armed

Forces ........................................................................... 3901

41. Job Counseling, Training, and Placement Service for

Veterans ....................................................................... 4100

42. Employment and Training of Veterans ......................... 4211

43. Employment and Reemployment Rights of Members

of the Uniformed Services .......................................... 4301

(309)

CHAPTER 30—ALL–VOLUNTEER FORCE EDUCATIONAL

ASSISTANCE PROGRAM

SUBCHAPTER I—PURPOSES; DEFINITIONS

Sec.

3001. Purposes.

3002. Definitions.

SUBCHAPTER II—BASIC EDUCATIONAL ASSISTANCE

3011. Basic educational assistance entitlement for service on active duty.

3012. Basic educational assistance entitlement for service in the Selected Reserve.

3013. Duration of basic educational assistance.

3014. Payment of basic educational assistance.

3014A. Accelerated payment of basic educational assistance for education leading

to employment in high technology industry.

3015. Amount of basic educational assistance.

3016. Inservice enrollment in a program of education.

3017. Death benefit.

3018. Opportunity for certain active-duty personnel to withdraw election not to

enroll.

3018A. Opportunity for certain active-duty personnel to enroll before being involuntarily separated from service.

3018B. Opportunity for certain persons to enroll.

3018C. Opportunity for certain VEAP participants to enroll.

3019. Tutorial assistance.

3020. Transfer of entitlement to basic educational assistance: members of the

Armed Forces with critical military skills.

SUBCHAPTER III—SUPPLEMENTAL EDUCATIONAL ASSISTANCE

3021. Supplemental educational assistance for additional service.

3022. Amount of supplemental educational assistance.

3023. Payment of supplemental educational assistance under this subchapter.

SUBCHAPTER IV—TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT;

GENERAL AND ADMINISTRATIVE PROVISIONS

3031. Time limitation for use of eligibility and entitlement.

3032. Limitations on educational assistance for certain individuals.

3033. Bar to duplication of educational assistance benefits.

3034. Program administration.

3035. Allocation of administration and of program costs.

3036. Reporting requirement.

SUBCHAPTER I—PURPOSES; DEFINITIONS

§ 3001. Purposes

The purposes of this chapter are—

(1) to provide a new educational assistance program to assist

in the readjustment of members of the Armed Forces to civilian

life after their separation from military service;

(2) to extend the benefits of a higher education to qualifying

men and women who might not otherwise be able to afford

such an education;
§ 3001 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 310

(3) to provide for vocational readjustment and to restore lost

educational opportunities to those service men and women who

served on active duty after June 30, 1985;

(4) to promote and assist the All-Volunteer Force program

and the Total Force Concept of the Armed Forces by establishing a new program of educational assistance based upon

service on active duty or a combination of service on active

duty and in the Selected Reserve (including the National

Guard) to aid in the recruitment and retention of highly qualified personnel for both the active and reserve components of

the Armed Forces;

(5) to give special emphasis to providing educational assistance benefits to aid in the retention of personnel in the Armed

Forces; and

(6) to enhance our Nation’s competitiveness through the development of a more highly educated and productive work

force.

(Added P.L. 98–525, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2553, § 1401; amended P.L.

100–48, § 5, June 1, 1987, 101 Stat. 331; renumbered § 3001, P.L. 102–83, § 5(a),

Aug. 6, 1991, 105 Stat. 406.)

§ 3002. Definitions

For the purposes of this chapter— (1) The term ‘‘basic educational assistance’’ means educational

assistance provided under subchapter II of this chapter.

(2) The term ‘‘supplemental educational assistance’’ means educational assistance provided under subchapter III of this chapter.

(3) The term ‘‘program of education’’—

(A) has the meaning given such term in section 3452(b) of

this title;

(B) includes— (i) a preparatory course for a test that is required or

used for admission to an institution of higher education;

and

(ii) a preparatory course for a test that is required or

used for admission to a graduate school; and

(C) in the case of an individual who is not serving on active

duty, includes (i) a full-time program of apprenticeship or of

other on-job training approved as provided in clause (1) or (2),

as appropriate, of section 3687(a) of this title, and (ii) a cooperative program (as defined in section 3482(a)(2) of this title).

(4) The term ‘‘Selected Reserve’’ means the Selected Reserve of

the Ready Reserve of any of the reserve components (including the

Army National Guard of the United States and the Air National

Guard of the United States) of the Armed Forces, as required to be

maintained under section 10143(a) of title 10.

(5) The term ‘‘Secretary of Defense’’ means the Secretary of Defense, except that it means the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in

the Navy.

(6) 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,
311 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3011

(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, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or

Coast Guard Reserve.

(7) The term ‘‘active duty’’ includes full-time National Guard

duty first performed after June 30, 1985, by a member of the Army

National Guard of the United States or the Air National Guard of

the United States in the member’s status as a member of the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard.

(8) The term ‘‘educational institution’’ has the meaning given

such term in section 3452(c) of this title.

(Added P.L. 98–525, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2554, § 1402; amended P.L.

99–576, § 301(a), Oct. 28, 1986, 100 Stat. 3267; P.L. 100–689, §§ 108(a)(1), 111(a)(1),

Nov. 18, 1988, 102 Stat. 4169, 4170; P.L. 101–237, § 423(b)(3), Dec. 18, 1989, 103

Stat. 2092; P.L. 101–510, § 563(a), Nov. 5, 1990, 104 Stat. 1575; renumbered § 3002

and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 103–337,

§ 1677(d)(2), Oct. 5, 1994, 108 Stat. 3020; P.L. 103–446, § 603(b), Nov. 2, 1994, 108

Stat. 4671; P.L. 104–275, § 107(a), Oct. 9, 1996, 110 Stat. 3329; P.L. 106–117, § 701,

Nov. 30, 1999, 113 Stat. 1582.)

SUBCHAPTER II—BASIC EDUCATIONAL ASSISTANCE

§ 3011. Basic educational assistance entitlement for service

on active duty

(a) Except as provided in subsection (c) of this section, each

individual—

(1) who—

(A) after June 30, 1985, first becomes a member of the

Armed Forces or first enters on active duty as a member

of the Armed Forces and—

(i) who (I) in the case of an individual whose obligated period of active duty is three years or more,

serves at least three years of continuous active duty in

the Armed Forces, or (II) in the case of an individual

whose obligated period of active duty is less than three

years, serves at least two years of continuous active

duty in the Armed Forces; or

(ii) who serves in the Armed Forces and is discharged or released from active duty (I) for a serviceconnected disability, for a medical condition which

preexisted such service on active duty and which the

Secretary determines is not service connected, for

hardship, or for a physical or mental condition that

was not characterized as a disability and did not result from the individual’s own willful misconduct but

did interfere with the individual’s performance of

duty, as determined by the Secretary of each military

department in accordance with regulations prescribed

by the Secretary of Defense or by the Secretary of

Transportation with respect to the Coast Guard when

it is not operating as a service in the Navy; (II) for the

convenience of the Government, if, in the case of an
§ 3011 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 312

individual with an obligated period of service of two

years, the individual completes not less than 20

months of continuous active duty under that period of

obligated service, or, in the case of an individual with

an obligated period of service of at least three years,

the individual completes not less than 30 months of

continuous active duty under that period of obligated

service; or (III) involuntarily for the convenience of the

Government as a result of a reduction in force, as determined by the Secretary of the military department

concerned in accordance with regulations prescribed

by the Secretary of Defense or by the Secretary of

Transportation with respect to the Coast Guard when

it is not operating as a service in the Navy;

(B) as of December 31, 1989, is eligible for educational

assistance benefits under chapter 34 of this title and was

on active duty at any time during the period beginning on

October 19, 1984, and ending on July 1, 1985, continued

on active duty without a break in service and— (i) after June 30, 1985, serves at least three years

of continuous active duty in the Armed Forces; or

(ii) after June 30, 1985, is discharged or released

from active duty (I) for a service-connected disability,

for a medical condition which preexisted such service

on active duty and which the Secretary determines is

not service connected, for hardship, or for a physical or

mental condition that was not characterized as a disability, as described in subparagraph (A)(ii)(I) of this

paragraph; (II) for the convenience of the Government,

if the individual completed not less than 30 months of

continuous active duty after that date, or (III) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of

Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as

a service in the Navy; or

(C) as of December 31, 1989, was eligible for educational

assistance benefits under chapter 34 of this title and— (i) was not on active duty on October 19, 1984;

(ii) reenlists or reenters on a period of active duty on

or after October 19, 1984; and

(iii) on or after July 1, 1985, either— (I) serves at least three years of continuous active duty in the Armed Forces; or

(II) is discharged or released from active duty

(aa) for a service-connected disability, for a medical condition which preexisted such service on active duty and which the Secretary determines is

not service connected, for hardship, or for a physical or mental condition that was not characterized as a disability, as described in subparagraph

(A)(ii)(I) of this paragraph, (bb) for the conven-
313 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3011

ience of the Government, if the individual completed not less than 30 months of continuous active duty after that date, or (cc) involuntarily for

the convenience of the Government as a result of

a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is

not operating as a service in the Navy;

(2) who completes the requirements of a secondary school diploma (or equivalency certificate), or successfully completes (or

otherwise receives academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard

college degree, before applying for benefits under this section;

and

(3) who, after completion of the service described in clause

(1) of this subsection— (A) continues on active duty;

(B) is discharged from active duty with an honorable discharge;

(C) is released after service on active duty characterized

by the Secretary concerned as honorable service and is

placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the

temporary disability retired list; or

(D) is released from active duty for further service in a

reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service;

is entitled to basic educational assistance under this chapter.

(b) The basic pay of any individual described in subsection

(a)(1)(A) of this section who does not make an election under subsection (c)(1) of this section shall be reduced by $100 for each of

the first 12 months that such individual is entitled to such pay.

Any amount by which the basic pay of an individual is reduced

under this chapter shall revert to the Treasury and shall not, for

purposes of any Federal law, be considered to have been received

by or to be within the control of such individual.

(c)(1) An individual described in subsection (a)(1)(A) of this section may make an election not to receive educational assistance

under this chapter. Any such election shall be made at the time the

individual initially enters on active duty as a member of the Armed

Forces. Any individual who makes such an election is not entitled

to educational assistance under this chapter.

(2) An individual who after December 31, 1976, receives a commission as an officer in the Armed Forces upon graduation from

the United States Military Academy, the United States Naval

Academy, the United States Air Force Academy, or the Coast

Guard Academy is not eligible for educational assistance under this

section.

(3) An individual who after December 31, 1976, receives a commission as an officer in the Armed Forces upon completion of a program of educational assistance under section 2107 of title 10 is not
§ 3011 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 314

eligible for educational assistance under this section if the individual enters on active duty— (A) before October 1, 1996; or

(B) after September 30, 1996, and while participating in such program received more than $3,400 for each year of such participation.

(d)(1) For purposes of this chapter, any period of service described in paragraphs (2) and (3) of this subsection shall not be

considered a part of an obligated period of active duty on which an

individual’s entitlement to assistance under this section is based.

(2) The period of service referred to in paragraph (1) is any period terminated because of a defective enlistment and induction

based on—(A) the individual’s being a minor for purposes of service in

the Armed Forces;

(B) an erroneous enlistment or induction; or

(C) a defective enlistment agreement.

(3) The period of service referred to in paragraph (1) is also any

period of service on active duty which an individual in the Selected

Reserve was ordered to perform under section 12301, 12302, 12304,

12306, or 12307 of title 10 for a period of less than 2 years.

(e)(1) Any individual eligible for educational assistance under

this section who does not make an election under subsection (c)(1)

may contribute amounts for purposes of receiving an increased

amount of basic educational assistance as provided for under section 3015(g) of this title. Such contributions shall be in addition to

any reductions in the basic pay of such individual under subsection

(b).

(2) An individual covered by paragraph (1) may make the contributions authorized by that paragraph at any time while on active duty, but not more frequently than monthly.

(3) The total amount of the contributions made by an individual under paragraph (1) may not exceed $600. Such contributions shall

be made in multiples of $20.

(4) Contributions under this subsection shall be made to the Secretary of the military department concerned. That Secretary shall

deposit any amounts received as contributions under this subsection into the Treasury as miscellaneous receipts.

(f)(1) For the purposes of this chapter, a member referred to in

paragraph (2) or (3) of this subsection who serves the periods of active duty referred to in that paragraph shall be deemed to have

served a continuous period of active duty the length of which is the

aggregate length of the periods of active duty referred to in that

paragraph.

(2) This subsection applies to a member who— (A) after a period of continuous active duty of not more than

12 months, is discharged or released from active duty under

subclause (I) or (III) of subsection (a)(1)(A)(ii) of this section;

and

(B) after such discharge or release, reenlists or re-enters on

a period of active duty.

(3) This subsection applies to a member who after a period of

continuous active duty as an enlisted member or warrant officer,

and following successful completion of officer training school, is dis-
315 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3012

charged in order to accept, without a break in service, a commission as an officer in the Armed Forces for a period of active duty.

(g) Notwithstanding section 3002(6)(A) of this title, a period during which an individual is assigned full time by the Armed Forces

to a civilian institution for a course of education as described in

such section 3002(6)(A) shall not be considered a break in service

or a break in a continuous period of active duty of the individual

for the purposes of this chapter.

(h)(1) Notwithstanding section 3002(6)(B) of this title, a member

referred to in paragraph (2) of this subsection who serves the periods of active duty referred to in subparagraphs (A) and (C) of that

paragraph shall be deemed to have served a continuous period of

active duty whose length is the aggregate length of the periods of

active duty referred to in such subparagraphs.

(2) This subsection applies to a member who—

(A) during the obligated period of active duty on which entitlement to assistance under this section is based, commences

pursuit of a course of education—

(i) at a service academy; or

(ii) at a post-secondary school for the purpose of preparation for enrollment at a service academy;

(B) fails to complete the course of education; and

(C) re-enters on a period of active duty.

(i) The Secretary concerned shall inform any member of the

Armed Forces who has not completed that member’s obligated period of active duty (as described in subsection (a)(1)(A)) and who indicates the intent to be discharged or released from such duty for

the convenience of the Government of the minimum active duty requirements for entitlement to educational assistance benefits under

this chapter. Such information shall be provided to the member in

a timely manner.

(Added P.L. 98–525, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2554, § 1411; amended P.L.

99–145, § 674(1), Nov. 8, 1985, 99 Stat. 665; P.L. 99–576, §§ 303(a)(1), 307(a)(1),

321(1), § 702(8), Oct. 28, 1986, 100 Stat. 3268, 3269, 3277, 3302; P.L. 100–48, § 3(a),

June 1, 1987, 101 Stat. 331; P.L. 100–689, §§ 102(a), 103(b)(1), 104(a), 111(a)(2)(A),

(3), Nov. 18, 1988, 102 Stat. 4162, 4165, 4166, 4170, 4171; P.L. 101–237, §§ 409,

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2092; P.L. 101–510, § 562(a)(1), (2), (b),

Nov. 5, 1990, 104 Stat. 1573, 1574; P.L. 102–16, § 10(a)(1), Mar. 22, 1991, 105 Stat.

55; renumbered § 3011, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; P.L. 102–

568, §§ 302(a)(1), 303(a)(1), 304(a), 305(a), 306(a), Oct. 29, 1992, 106 Stat. 4326–

4328; P.L. 103–446, § 1201(e)(10), (f)(2), Nov. 2, 1994, 108 Stat. 4685, 4687; P.L.

104–106, § 1501(e)(2)(A), Feb. 10, 1996, 110 Stat. 501; P.L. 104–201, § 556(a), Sep.

23, 1996, 110 Stat. 2528; P.L. 105–368, § §203(a), 207(a), Nov. 11, 1998, 112 Stat.

3326, 3328; P.L. 106–117, § § 702, 704, Nov. 30, 1999, 113 Stat. 1583, 1584; P.L.

106–419, §§ 102(a)(1), 103(a), 105(a)(1), Nov. 1, 2000, 114 Stat. 1824, 1825, 1828;

P.L. 107–14, § 7(a)(1), (c)(1), June 5, 2001, 115 Stat. 31, 32; P.L. 107–103, §§ 105(a),

106(a), Dec. 27, 2001, 115 Stat. 992, 983.)

§ 3012. Basic educational assistance entitlement for service

in the Selected Reserve

(a) Except as provided in subsection (d) of this section, each

individual— (1) who— (A) after June 30, 1985, first becomes a member of the

Armed Forces or first enters on active duty as a member

of the Armed Forces and—
§ 3012 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 316

(i) serves, an obligated period of active duty of at

least two years of continuous active duty in the Armed

Forces, subject to subsection (b) of this section, characterized by the Secretary concerned as honorable service; and

(ii) subject to subsection (b) of this section and beginning within one year after completion of the service

on active duty described in subclause (i) of this clause,

serves at least four years of continuous duty in the Selected Reserve during which the individual participates satisfactorily in training as required by the Secretary concerned;

(B) as of December 31, 1989, is eligible for educational

assistance under chapter 34 of this title and was on active

duty at any time during the period beginning on October

19, 1984, and ending on July 1, 1985, continued on active

duty without a break in service and— (i) after June 30, 1985, serves at least two years of

continuous active duty in the Armed Forces, subject to

subsection (b) of this section, characterized by the Secretary concerned as honorable service; and

(ii) after June 30, 1985, subject to subsection (b) of

this section and beginning within one year after completion of such two years of service, serves at least

four continuous years in the Selected Reserve during

which the individual participates satisfactorily in

training as prescribed by the Secretary concerned; or

(C) as of December 31, 1989, was eligible for educational

assistance under chapter 34 of this title and—

(i) was not on active duty on October 19, 1984;

(ii) reenlists or reenters on a period of active duty on

or after October 19, 1984; and

(iii) on or after July 1, 1985— (I) serves at least two years of continuous active

duty in the Armed Forces, subject to subsection

(b) of this section, characterized by the Secretary

concerned as honorable service; and

(II) subject to subsection (b) of this section and

beginning within one year after completion of such

two years of service, serves at least four continuous years in the Selected Reserve during which

the individual participates satisfactorily in training as prescribed by the Secretary concerned;

(2) who completes the requirements of a secondary school diploma (or equivalency certificate), or successfully completes (or

otherwise receives academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard

college degree, before applying for benefits under this section;

and

(3) who, after completion of the service described in clause

(1) of this subsection—

(A) is discharged from service with an honorable discharge, is placed on the retired list, or is transferred to the

Standby Reserve or an element of the Ready Reserve other
317 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3012

than the Selected Reserve after service in the Selected Reserve characterized by the Secretary concerned as honorable service; or

(B) continues on active duty or in the Selected Reserve;

is entitled to basic educational assistance under this chapter.

(b)(1)(A) The requirement of two years of service under clauses

(1)(A)(i) and (1)(B)(i) of subsection (a) of this section is not applicable to an individual who is discharged or released, during such two

years, from active duty in the Armed Forces (i) for a service-connected disability, (ii) for a medical condition which preexisted such

service on active duty and which the Secretary determines is not

service connected, (iii) for hardship, (iv) in the case of an individual

discharged or released after 20 months of such service, for the convenience of the Government, (v) involuntarily for the convenience

of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or

by the Secretary of Transportation with respect to the Coast Guard

when it is not operating as a service in the Navy, or (vi) for a physical or mental condition that was not characterized as a disability,

as described in section 3011(a)(1)(A)(ii)(I) of this title.

(B) The requirement of four years of service under clauses

(1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section is not applicable to an individual—

(i) who, during the two years of service described in clauses

(1)(A)(i) and (1)(B)(i) of subsection (a) of this section, was discharged or released from active duty in the Armed Forces for

a service-connected disability, for a medical condition which

preexisted such service on active duty and which the Secretary

determines is not service connected, or for a physical or mental

condition not characterized as a disability, as described in section 3011(a)(1)(A)(ii)(I) of this title, if the individual was obligated, at the beginning of such two years of service, to serve

such four years of service;

(ii) who, during the four years of service described in clauses

(1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section, is discharged or released from service in the Selected Reserve (I) for

a service-connected disability, (II) for a medical condition

which preexisted the individual’s becoming a member of the

Selected Reserve and which the Secretary determines is not

service connected, (III) for hardship, (IV) in the case of an individual discharged or released after 30 months of such service

for the convenience of the Government, (V) involuntarily for

the convenience of the Government as a result of a reduction

in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by

the Secretary of Defense or by the Secretary of Transportation

with respect to the Coast Guard when it is not operating as a

service in the Navy, or (VI) for a physical or mental condition

not characterized as a disability, as described in section

3011(a)(1)(A)(ii)(I) of this title; or

(iii) who, before completing the four years of service described in clauses (1)(A)(ii) and (1)(B)(ii) of subsection (a) of

this section, ceases to be a member of the Selected Reserve
§ 3012 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 318

during the period beginning on October 1, 1991, and ending on

September 30, 1999, by reason of the inactivation of the person’s unit of assignment or by reason of involuntarily ceasing

to be designated as a member of the Selected Reserve pursuant

to section 10143(a) of title 10.

(2) After an individual begins service in the Selected Reserve

within one year after completion of the service described in clause

(A)(i) or (B)(i) of subsection (a)(1) of this section, the continuity of

service of such individual as a member of the Selected Reserve

shall not be considered to be broken—

(A) by any period of time (not to exceed a maximum period

prescribed by the Secretary concerned by regulation) during

which the member is not able to locate a unit of the Selected

Reserve of the member’s Armed Force that the member is eligible to join or that has a vacancy; or

(B) by any other period of time (not to exceed a maximum

period prescribed by the Secretary concerned by regulation)

during which the member is not attached to a unit of the Selected Reserve that the Secretary concerned, pursuant to regulations, considers to be inappropriate to consider for such purpose.

(c) The basic pay of any individual described in subsection

(a)(1)(A) of this section who does not make an election under subsection (d)(1) of this section shall be reduced by $100 for each of

the first 12 months that such individual is entitled to such pay.

Any amount by which the basic pay of an individual is reduced

under this chapter shall revert to the Treasury and shall not, for

purposes of any Federal law, be considered to have been received

by or to be within the control of such individual.

(d)(1) An individual described in subsection (a)(1)(A) of this section may make an election not to receive educational assistance

under this chapter. Any such election shall be made at the time the

individual initially enters on active duty as a member of the Armed

Forces. Any individual who makes such an election is not entitled

to educational assistance under this chapter.

(2) An individual who after December 31, 1976, receives a commission as an officer in the Armed Forces upon graduation from

the United States Military Academy, the United States Naval

Academy, the United States Air Force Academy, or the Coast

Guard Academy is not eligible for educational assistance under this

section.

(3) An individual who after December 31, 1976, receives a commission as an officer in the Armed Forces upon completion of a program of educational assistance under section 2107 of title 10 is not

eligible for educational assistance under this section if the individual enters on active duty—

(A) before October 1, 1996; or

(B) after September 30, 1996, and while participating in such

program received more than $3,400 for each year of such participation.

(e)(1) An individual described in subclause (I) or (III) of subsection (b)(1)(B)(ii) of this section may elect entitlement to basic

educational assistance under section 3011 of this title, based on an
319 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3013

obligated period of active duty of two years, in lieu of entitlement

to assistance under this section.

(2) An individual who makes the election described in paragraph

(1) of this subsection shall, for all purposes of this chapter, be considered entitled to educational assistance under section 3011 of this

title and not under this section. Such an election is irrevocable.

(f)(1) Any individual eligible for educational assistance under this

section who does not make an election under subsection (d)(1) may

contribute amounts for purposes of receiving an increased amount

of basic educational assistance as provided for under section

3015(g) of this title. Such contributions shall be in addition to any

reductions in the basic pay of such individual under subsection (c).

(2) An individual covered by paragraph (1) may make the contributions authorized by that paragraph at any time while on active duty, but not more frequently than monthly.

(3) The total amount of the contributions made by an individual under paragraph (1) may not exceed $600. Such contributions shall

be made in multiples of $20.

(4) Contributions under this subsection shall be made to the Secretary of the military department concerned. That Secretary shall

deposit any amounts received as contributions under this subsection into the Treasury as miscellaneous receipts.

(g)(1) The Secretary concerned shall inform any member of the

Armed Forces who has not completed that member’s initial service

(as described in paragraph (2)) and who indicates the intent to be

discharged or released from such service for the convenience of the

Government of the minimum service requirements for entitlement

to educational assistance benefits under this chapter. Such information shall be provided to the member in a timely manner.

(2) The initial service referred to in paragraph (1) is the initial

obligated period of active duty (described in subparagraph (A)(i) or

(B)(i) of subsection (a)(1)) or the period of service in the Selected

Reserve (described in subparagraph (A)(ii) or (B)(ii) of subsection

(a)(1)).

(Added P.L. 98–525, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2555, § 1412; amended P.L.

99–145, § 674(2), Nov. 8, 1985, 99 Stat. 665; P.L. 99–576, §§ 303(a)(2), 307(a)(2),

321(2), Oct. 28, 1986, 100 Stat. 3269, 3277; P.L. 100–48, § 3(b), June 1, 1987, 101

Stat. 331; P.L. 100–689, §§ 102(b)(1), 103(b)(1), 104(b), 105, 111(a)(2)(B), Nov. 18,

1988, 102 Stat. 4162, 4165, 4166, 4171; P.L. 101–237, §§ 409, 423(a)(1), (b)(1)(A),

Dec. 18, 1989, 103 Stat. 2084, 2090, 2092; P.L. 101–510, § 562(a)(3), Nov. 5, 1990,

104 Stat. 1574; renumbered § 3012 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406; P.L. 102–484, § 4419(b), Oct. 23, 1992, 106 Stat. 2718; P.L. 102– 568, §§ 302(a)(2), 303(a)(2), Oct. 29, 1992, 106 Stat. 4326, 4327; P.L. 103–160,

§ 561(m), Nov. 30, 1993, 107 Stat. 1668; P.L. 103–446, § 1201(f)(2), Nov. 2, 1994, 108

Stat. 4687; P.L. 104–106, § 1501(e)(2)(B), Feb. 10, 1996, 110 Stat. 501; P.L. 104–201,

§ 556(b), Sep. 23, 1996, 110 Stat. 2528; P.L. 105–368, § 203(a), 207(b), Nov. 11, 1998,

112 Stat. 3326, 3328; P.L. 106–117, § 704, Nov. 30, 1999, 113 Stat. 1584; P.L. 106– 419, §§ 101(b), 103(b), 105(a)(2), 404(a)(6), Nov. 1, 2000, 114 Stat. 1824, 1826, 1829,

1865; P.L. 107–14, § 7(c)(2), June 5, 2001, 115 Stat. 32; P.L. 107–103, §§ 105(b),

106(a), Dec. 27, 2001, 115 Stat. 982, 983.)

§ 3013. Duration of basic educational assistance

(a)(1) Subject to section 3695 of this title and except as provided

in paragraph (2) of this subsection, each individual entitled to basic

educational assistance under section 3011 of this title is entitled to

36 months of educational assistance benefits under this chapter (or

the equivalent thereof in part-time educational assistance).
§ 3013 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 320

(2) Subject to section 3695 of this title and subsection (d) of this

section, in the case of an individual described in section

3011(a)(1)(A)(ii)(I) or (III) of this title who is not also described in

section 3011(a)(1)(A)(i) of this title or an individual described in

section 3011(a)(1)(B)(ii)(I) or (III) of this title who is not also described in section 3011(a)(1)(B)(i) of this title, the individual is entitled to one month of educational assistance benefits under this

chapter for each month of continuous active duty served by such

individual after June 30, 1985, as part of the obligated period of

active duty on which such entitlement is based in the case of an

individual described in section 3011(a)(1)(A)(ii)(I) or (III) of this

title, or in the case of an individual described in section

3011(a)(1)(B)(ii)(I) or (III) of this title, after June 30, 1985.

(b) Subject to section 3695 of this title and subsection (d) of this

section, each individual entitled to basic educational assistance

under section 3012 of this title is entitled to (1) one month of educational assistance benefits under this chapter for each month of

continuous active duty served by such individual after June 30,

1985, as part of the obligated period of active duty on which such

entitlement is based in the case of an individual described in section 3012(a)(1)(A) of this title, or in the case of an individual described in section 3012(a)(1)(B) of this title, after June 30, 1985,

and (2) one month of educational assistance benefits under this

chapter for each four months served by such individual in the Selected Reserve after the applicable date specified in clause (1) of

this subsection (other than any month in which the individual

served on active duty).

(c)(1) Subject to section 3695 of this title and except as provided

in paragraphs (2) and (3) of this subsection, each individual entitled to basic educational assistance under section 3018 of this title

is entitled to 36 months of educational assistance under this chapter (or the equivalent thereof in part-time educational assistance).

(2) Subject to section 3695 of this title, an individual described

in clause (B) or (C) of section 3018(b)(3) of this title whose discharge or release from active duty prevents the reduction of the

basic pay of such individual by $1,200 is entitled to the number of

months of assistance under this chapter that is equal to the lesser

of— (A) 36 multiplied by a fraction the numerator of which is the

amount by which the basic pay of the individual has been reduced under section 3018(c) and the denominator of which is

$1,200; or

(B) the number of months the individual has served on continuous active duty after June 30, 1985.

(3) Subject to section 3695 of this title and subsection (d) of this

section, an individual described in clause (B) or (C)(ii) of section

3018(b)(3) of this title (other than an individual described in paragraph (2) of this subsection) is entitled to the number of months

of educational assistance under this chapter that is equal to the

number of months the individual has served on continuous active

duty after June 30, 1985.

(d) Subject to section 3695 of this title, each individual entitled

to educational benefits under section 3018A, 3018B, or 3018C of

this title is entitled to the lesser of—
321 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3014

(1) 36 months of educational assistance under this chapter

(or the equivalent thereof in part-time educational assistance;

or

(2) the number of months of such educational assistance (or

such equivalent thereof) that is equal to the number of months

served by such individual on active duty.

(e) No individual may receive basic educational assistance benefits under this chapter for a period in excess of 36 months (or the

equivalent thereof in part-time educational assistance).

(f)(1) Notwithstanding any other provision of this chapter or

chapter 36 of this title, any payment of an educational assistance

allowance described in paragraph (2) shall not—

(A) be charged against any entitlement of any individual

under this chapter; or

(B) be counted toward the aggregate period for which section

3695 of this title limits an individual’s receipt of assistance.

(2) Subject to paragraph (3), the payment of the educational assistance allowance referred to in paragraph (1) 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—

(A) in the case of a person not serving on active duty, 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

(B) in the case of a person serving on active duty, had to discontinue such course pursuit as a result of being ordered to a

new duty location or assignment or to perform an increased

amount of work; and

(C) failed to receive credit or lost training time toward completion of the individual’s approved education, professional, or

vocational objective as a result of having to discontinue, as described in subparagraph (A) or (B), his or her course pursuit.

(3) 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 paragraph (2)(C) of this subsection.

(Added P.L. 98–525, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2557, § 1413; amended P.L.

99–576, § 321(3), Oct. 28, 1986, 100 Stat. 3277; P.L. 100–689, §§ 102(b)(2), 103(b)(2),

111(a)(4), Nov. 18, 1988, 102 Stat. 4163, 4165, 4171; P.L. 101–237, § 423(a)(2), Dec.

18, 1989, 103 Stat. 2091; P.L. 101–510, § 561(b)(1), Nov. 5, 1990, 104 Stat. 1573; renumbered § 3013 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

406; P.L. 102–127, § 2(a), Oct. 10, 1991, 105 Stat. 619; P.L. 102–484, § 4404(b)(2),

Oct. 23, 1992, 106 Stat. 2706; P.L. 104–275, § 106(b)(2), Oct. 9, 1996, 110 Stat. 3329;

P.L. 106–419, § 103(c), Nov. 1, 2000, 114 Stat. 1826; P.L. 107–103, § 103(a), (d), Dec.

27, 2001, 115 Stat. 979.)

§ 3014. Payment of basic educational assistance

(a) The Secretary shall pay to each individual entitled to basic

educational assistance who is pursuing an approved program of

education, a basic educational assistance allowance to help meet, in
§ 3014 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 322

1 As provided by section 104(c) of P.L. 107–103, section 3014A takes effect on October 1, 2002,

and applies with respect to enrollments in courses or programs of education or training beginning on or after that date.

part, the expenses of such individual’s subsistence, tuition, fees,

supplies, books, equipment, and other educational costs.

(b)(1) In the case of an individual entitled to basic educational

assistance who is pursuing education or training described in subsection (a) or (c) of section 2007 of title 10, the Secretary shall, at

the election of the individual, pay the individual a basic educational assistance allowance to meet all or a portion of the charges

of the educational institution for the education or training that are

not paid by the Secretary of the military department concerned

under such subsection.

(2)(A) The amount of the basic educational assistance allowance

payable to an individual under this subsection for a month shall be

the amount of the basic educational assistance allowance to which

the individual would be entitled for the month under section 3015

of this title.

(B) The maximum number of months for which an individual

may be paid a basic educational assistance allowance under paragraph (1) is 36.

(C) The number of months of entitlement charged under this

chapter in the case of an individual who has been paid a basic educational assistance allowance under this subsection shall be equal

to the number (including any fraction) determined by dividing the

total amount of such educational assistance allowance paid the individual by the full-time monthly institutional rate of educational

assistance which such individual would otherwise be paid under

subsection (a)(1), (b)(1), (c)(1), (d)(1), or (e)(1) of section 3015 of this

title, as the case may be.

(Added P.L. 98–525, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2557, § 1414; amended P.L.

101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3014, P.L. 102–

83, § 5(a), Aug. 6, 1991, 105 Stat. 406; amended P.L. 106–398, § 1[1602(b)(2)], Oct.

30, 2000, 114 Stat. 1654, 1654A–359; P.L. 107–14, § 7(b)(1), June 5, 2001, 115 Stat.

31.)

§ 3014A. 1 Accelerated payment of basic educational assistance for education leading to employment in high

technology industry

(a) An individual described in subsection (b) who is entitled to

basic educational assistance under this subchapter may elect to receive an accelerated payment of the basic educational assistance allowance otherwise payable to the individual under section 3015 of

this title.

(b) An individual described in this subsection is an individual

who is—

(1) enrolled in an approved program of education that leads

to employment in a high technology industry (as determined

pursuant to regulations prescribed by the Secretary); and

(2) charged tuition and fees for the program of education

that, when divided by the number of months (and fractions

thereof) in the enrollment period, exceeds the amount equal to

200 percent of the monthly rate of basic educational assistance
323 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3014A

allowance otherwise payable to the individual under section

3015 of this title.

(c)(1) The amount of the accelerated payment of basic educational

assistance made to an individual making an election under subsection (a) for a program of education shall be the lesser of— (A) the amount equal to 60 percent of the established

charges for the program of education; or

(B) the aggregate amount of basic educational assistance to

which the individual remains entitled under this chapter at the

time of the payment.

(2) In this subsection, the term ‘‘established charges’’, in the case

of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary) for tuition and fees which similarly circumstanced nonveterans enrolled

in the program of education would be required to pay. Established

charges shall be determined on the following basis:

(A) In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition

and fees charged the individual for the term, quarter, or semester.

(B) In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the

tuition and fees charged the individual for the entire program

of education.

(3) The educational institution providing the program of education for which an accelerated payment of basic educational assistance allowance is elected by an individual under subsection (a)

shall certify to the Secretary the amount of the established charges

for the program of education.

(d) An accelerated payment of basic educational assistance made

to an individual under this section for a program of education shall

be made not later than the last day of the month immediately following the month in which the Secretary receives a certification

from the educational institution regarding— (1) the individual’s enrollment in and pursuit of the program

of education; and

(2) the amount of the established charges for the program of

education.

(e)(1) Except as provided in paragraph (2), for each accelerated

payment of basic educational assistance made to an individual

under this section, the individual’s entitlement to basic educational

assistance under this chapter shall be charged the number of

months (and any fraction thereof) determined by dividing the

amount of the accelerated payment by the full-time monthly rate

of basic educational assistance allowance otherwise payable to the

individual under section 3015 of this title as of the beginning date

of the enrollment period for the program of education for which the

accelerated payment is made.

(2) If the monthly rate of basic educational assistance allowance

otherwise payable to an individual under section 3015 of this title

increases during the enrollment period of a program of education

for which an accelerated payment of basic educational assistance is

made under this section, the charge to the individual’s entitlement

to basic educational assistance under this chapter shall be deter-
§ 3014A CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 324

mined by prorating the entitlement chargeable, in the matter provided for under paragraph (1), for the periods covered by the initial

rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary.

(f) The Secretary may not make an accelerated payment under

this section for a program of education to an individual who has

received an advance payment under section 3680(d) of this title for

the same enrollment period.

(g) The Secretary shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and

methods for the request, issuance, delivery, certification of receipt

and use, and recovery of overpayment of an accelerated payment

under this section.

(Added P.L. 107–103, § 104(a)(1), Dec. 27, 2001, 115 Stat. 980.)

§ 3015. Amount of basic educational assistance

(a) The amount of payment of educational assistance under this

chapter is subject to section 3032 of this title. Except as otherwise

provided in this section, in the case of an individual entitled to an

educational assistance allowance under this chapter whose obligated period of active duty on which such entitlement is based is

three years, a basic educational assistance allowance under this

subchapter shall be paid—

(1) for an approved program of education pursued on a fulltime basis, at the monthly rate of—

(A) for months beginning on or after January 1, 2002,

$800;

(B) for months occurring during fiscal year 2003, $900;

(C) for months occurring during fiscal year 2004, $985;

and

(D) for months occurring during a subsequent fiscal

year, the amount for months occurring during the previous

fiscal year increased under subsection (h); or

(2) at an appropriately reduced rate, as determined under

regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time

basis.

(b) In the case of an individual entitled to an educational assistance allowance under section 3011 or 3018 of this title whose obligated period of active duty on which such entitlement is based is

two years, a basic educational assistance allowance under this

chapter shall (except as provided in the succeeding subsections of

this section) be paid—

(1) for an approved program of education pursued on a fulltime basis, at the monthly rate of—

(A) for months beginning on or after January 1, 2002,

$650;

(B) for months occurring during fiscal year 2003, $732;

(C) for months occurring during fiscal year 2004, $800;

and

(D) for months occurring during a subsequent fiscal

year, the amount for months occurring during the previous

fiscal year increased under subsection (h); or
325 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3015

(2) at an appropriately reduced rate, as determined under

regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time

basis.

(c)(1) The amount of basic educational allowance payable under

this chapter to an individual referred to in paragraph (2) of this

subsection is the amount determined under subsection (a) of this

section.

(2) Paragraph (1) of this subsection applies to an individual entitled to an educational assistance allowance under section 3011 of

this title—(A) whose obligated period of active duty on which such entitlement is based is less than three years;

(B) who, beginning on the date of the commencement of such

obligated period of active duty, serves a continuous period of

active duty of not less than three years; and

(C) who, after the completion of that continuous period of active duty, meets one of the conditions set forth in subsection

(a)(3) of such section 3011.

(d)(1) In the case of an individual who has a skill or specialty

designated by the Secretary concerned as a skill or specialty in

which there is a critical shortage of personnel or for which it is difficult to recruit, the Secretary concerned, pursuant to regulations

to be prescribed by the Secretary of Defense, may, at the time the

individual first becomes a member of the Armed Forces, increase

the rate of the basic educational assistance allowance applicable to

such individual to such rate in excess of the rate prescribed under

subsections (a), (b), and (c) of this section as the Secretary of Defense considers appropriate, but the amount of any such increase

may not exceed $950 per month.

(2) In the case of an individual who after October 7, 1997, receives an enlistment bonus under section 308a or 308f of title 37,

receipt of that bonus does not affect the eligibility of that individual for an increase under paragraph (1) in the rate of the basic

educational assistance allowance applicable to that individual, and

the Secretary concerned may provide such an increase for that individual (and enter into an agreement with that individual that the

United States agrees to make payments pursuant to such an increase) without regard to any provision of law (enacted before, on,

or after the date of the enactment of this paragraph) that limits the

authority to make such payments.

(e)(1)(A) Except as provided in subparagraph (B) of this paragraph and subject to paragraph (2) of this subsection, in the case

of an individual who on December 31, 1989, was entitled to educational assistance under chapter 34 of this title, the rate of the

basic educational assistance allowance applicable to such individual

under this chapter shall be increased by the amount equal to onehalf of the educational assistance allowance that would be applicable to such individual under such chapter 34 (as of the time the

assistance under this chapter is provided and based on the rates

in effect on December 31, 1989) if such chapter were in effect.

(B) Notwithstanding subparagraph (A) of this paragraph, in the

case of an individual described in that subparagraph who is pursuing a cooperative program on or after October 9, 1996, the rate
§ 3015 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 326

of the basic educational assistance allowance applicable to such individual under this chapter shall be increased by the amount equal

to one-half of the educational assistance allowance that would be

applicable to such individual for pursuit of full-time institutional

training under chapter 34 (as of the time the assistance under this

chapter is provided and based on the rates in effect on December

31, 1989) if such chapter were in effect.

(2) The number of months for which the rate of the basic educational assistance allowance applicable to an individual is increased under paragraph (1) of this subsection may not exceed the

number of months of entitlement to educational assistance under

chapter 34 of this title that the individual had remaining on December 31, 1989.

(f) In the case of an individual for whom the Secretary of Defense

made contributions under section 3222(c) of this title and who is

entitled to educational assistance under section 3018A, 3018B, or

3018C of this chapter, the Secretary shall increase the rate of the

basic educational assistance allowance applicable to such individual

in excess of the rate provided under subsection (a) of this section

in a manner consistent with, as determined by the Secretary of Defense, the agreement entered into with such individual pursuant to

the rules and regulations issued by the Secretary of Defense under

section 3222(c) of this title.

(g) In the case of an individual who has made contributions authorized by section 3011(e) or 3012(f) of this title, effective as of the

first day of the enrollment period following receipt of such contributions from such individual by the Secretary concerned, the monthly

amount of basic educational assistance allowance applicable to such

individual under subsection (a), (b), or (c) shall be the monthly rate

otherwise provided for under the applicable subsection increased

by— (1) an amount equal to $5 for each $20 contributed by such

individual under section 3011(e) or 3012(f) of this title, as the

case may be, for an approved program of education pursued on

a full-time basis; or

(2) an appropriately reduced amount based on the amount so

contributed, as determined under regulations which the Secretary shall prescribe, for an approved program of education

pursued on less than a full-time basis.

(h) With respect to any fiscal year, the Secretary shall provide

a percentage increase (rounded to the nearest dollar) in the rates

payable under subsections (a)(1) and (b)(1) equal to the percentage

by which—

(1) the Consumer Price Index (all items, United States city

average) for the 12–month period ending on the June 30 preceding the beginning of the fiscal year for which the increase

is made, exceeds

(2) such Consumer Price Index for the 12–month period

preceeding the 12-month period described in paragraph (1).

(Added P.L. 98–525, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2557, § 1415; amended P.L.

100–689, §§ 103(b)(3), 111(a)(5)(A), Nov. 18, 1988, 102 Stat. 4165, 4171; P.L. 101–

189, § 641, Nov. 29, 1989, 103 Stat. 1456; P.L. 101–237, § 423(b)(1)(A), (5), Dec. 18,

1989, 103 Stat. 2092; P.L. 101–510, § 561(b)(2), Nov. 5, 1990, 104 Stat. 1573; P.L.

102–25, § 337(a), Apr. 6, 1991, 105 Stat. 90; P.L. 102–54, § 14(c)(1), June 13, 1991,

105 Stat. 284; renumbered § 3015 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6,
327 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3016

1991, 105 Stat. 406; P.L. 102–568, §§ 301(a), (c), 307(a), (b), Oct. 29, 1992, 106 Stat.

4325, 4326, 4328, 4329; P.L. 103–66, § 12009(a), (d)(1), (2), Aug. 10, 1993, 107 Stat.

415, 416; P.L. 104–275, § 106(b)(3), Oct. 9, 1996, 110 Stat. 3329; P.L. 105–114,

§ 401(b), Nov. 21, 1997, 111 Stat. 2293; P.L. 105–178, § 8203(g), June 9, 1998, 112

Stat. 493; P.L. 105–261, §§ 565(a) and 656(a), Oct. 17, 1998, 112 Stat. 2029 and

2053; P.L. 106–398, § 1[1602(b)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A–359; P.L.

106–419, §§ 101(a), 103(d), 105(b), Nov. 1, 2000, 114 Stat. 1824, 1826, 1829; P.L.

107–14, § 7(b)(2)(A), (c)(3), June 5, 2001, 115 Stat. 31, 32; P.L. 107–103, § 101(a)(1),

(2), Dec. 27, 2001, 115 Stat. 977, 978.)

§ 3016. Inservice enrollment in a program of education

(a) A member of the Armed Forces who—

(1) first becomes a member or first enters on active duty as

a member of the Armed Forces after June 30, 1985, and does

not make an election under section 3011(c)(1) or section

3012(d)(1);

(2) completes at least two years of service on active duty

after such date;

(3) after such service, continues on active duty or in the Selected Reserve without a break in service (except as described

in section 3012(b)(2) of this title); and

(4) but for section 3011(a)(1)(A)(i)(I) or 3012(a)(1)(A)(ii) of

this title would be eligible for basic educational assistance,

may receive educational assistance under this chapter for enrollment in an approved program of education while continuing to perform the duty described in section 3011(a)(1)(A)(i)(I) or

3012(a)(1)(A)(ii) of this title.

(b) A member of the Armed Forces who—

(1) as of December 31, 1989, is eligible for educational assistance benefits under chapter 34 of this title;

(2) after June 30, 1985, has served the two years required

by section 3012(a)(1)(B)(i); and

(3) but for section 3012(a)(1)(B)(ii) of this title would be eligible for basic educational assistance,

may, after December 31, 1989, receive educational assistance under

this chapter for enrollment in an approved program of education

while continuing to perform the duty described in section

3012(a)(1)(B)(ii) of this title.

(c) A member of the Armed Forces who—

(1) completes at least two years of service on active duty

after June 30, 1985;

(2) after such service continues on active duty without a

break in service; and

(3) but for section 3018(b)(3)(A) of this title would be entitled

to basic educational assistance under this chapter,

may receive such assistance for enrollment in an approved program

of education while continuing to perform the service described in

section 3018(b)(2) of this title.

(Added P.L. 98–525, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2558, § 1416; amended P.L.

99–576, § 321(4), Oct. 28, 1986, 100 Stat. 3278; P.L. 100–689, § 103(b)(4), Nov. 18,

1988, 102 Stat. 4165; renumbered § 3016 and amended P.L. 102–83, § 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406.)
§ 3017 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 328

§ 3017. Death benefit

(a)(1) In the event of the service-connected death of any

individual— (A) who— (i) is entitled to basic educational assistance under this

chapter; or

(ii) is on active duty in the Armed Forces and but for

clause (1)(A)(i) or clause (2) of section 3011(a) or clause

(1)(A)(i) or (ii) or clause (2) of section 3012(a) of this title

would be eligible for such basic educational assistance; and

(B) who dies while on active duty or within one year after

discharge or release from active duty,

the Secretary shall make a payment, subject to paragraph (2)(B) of

this subsection, in the amount described in subsection (b) of this

section to the person or persons described in paragraph (2)(A) of

this subsection.

(2)(A) The payment referred to in paragraph (1) of this subsection shall be made to the person or persons first listed below

who is surviving on the date of such individual’s death:

(i) The beneficiary or beneficiaries designated by such individual under the individual’s Servicemembers’ Group Life Insurance policy.

(ii) The surviving spouse of the individual.

(iii) The surviving child or children of the individual, in

equal shares.

(iv) The surviving parent or parents of the individual, in

equal shares.

(B) If no such person survives such individual, no payment shall

be made under this section.

(b) The amount of any payment made under this section shall be

equal to—

(1) the total of— (A) the amount reduced from the individual’s basic pay

under section 3011(b), 3012(c), 3018(c), 3018A(b), 3018B(b),

3018C(b), or 3018C(e) of this title;

(B) the amount reduced from the individual’s retired pay

under section 3018C(e) of this title;

(C) the amount collected from the individual by the Secretary under section 3018B(b), 3018C(b), or 3018C(e) of

this title; and

(D) the amount of any contributions made by the individual under section 3011(c) or 3012(f ) of this title, less

(2) the total of— (A) the amount of educational assistance that has been

paid to the individual under this chapter before the payment is made under this section; and

(B) the amount of accrued benefits paid or payable with

respect to such individual in connection with this chapter.

(c) A payment under this section shall be considered to be a benefit under this title and, for purposes of section 3035(b)(1), it shall

be considered to be an entitlement earned under this subchapter.

(Added P.L. 100–689, § 101(a), Nov. 18, 1988, 102 Stat. 4161, § 1417; amended P.L.

101–237, § 423(a)(3), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2091, 2092; renumbered
329 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3018

§ 3017 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–

568, § 308, Oct. 29, 1992, 106 Stat. 4329; P.L. 104–275, § 405(c)(2), Oct. 9, 1996, 110

Stat. 3340; P.L. 106–419, § 102(a)(2), Nov. 1, 2000, 114 Stat. 1824; P.L. 107–14,

§ 7(d)(1), June 5, 2001, 115 Stat. 33.)

§ 3018. Opportunity for certain active-duty personnel to

withdraw election not to enroll

(a) Notwithstanding any other provision of this chapter, during

the period beginning December 1, 1988, and ending June 30, 1989

(hereinafter in this section referred to as the ‘‘open period’’), an individual who—

(1) first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces during

the period beginning July 1, 1985, and ending June 30, 1988;

(2) has continuously served on active duty without a break

in service since the date the individual first became such a

member or first entered on active duty as such a member; and

(3) is serving on active duty during the open period,

shall have the opportunity, in accordance with this section and on

such form as the Secretary of Defense shall prescribe, to withdraw

an election made under section 3011(c)(1) or 3012(d)(1) of this title

not to receive educational assistance under this chapter.

(b) An individual described in clauses (1) through (3) of subsection (a) of this section who made an election under section

3011(c)(1) or 3012(d)(1) of this title and who—

(1) while serving on active duty during the open period,

makes a withdrawal of such an election;

(2) continues to serve the period of service which, at the beginning of the open period such individual was obligated to

serve;

(3)(A) serves the obligated period of service described in

clause (2) of this subsection;

(B) before completing such obligated period of service, is discharged or released from active duty for (i) a service-connected

disability, (ii) a medical condition which preexisted such service and which the Secretary determines is not service connected, (iii) hardship, or (iv) a physical or mental condition

that was not characterized as a disability and did not result

from the individual’s own willful misconduct but did interfere

with the individual’s performance of duty, as determined by

the Secretary of each military department in accordance with

regulations prescribed by the Secretary of Defense (or by the

Secretary of Transportation with respect to the Coast Guard

when it is not operating as a service of the Navy); or

(C) before completing such obligated period of service, is (i)

discharged or released from active duty for the convenience of

the Government after completing not less than 20 months of

such period of service, if such period was less than three years,

or 30 months, if such period was at least three years, or (ii)

involuntarily discharged or released from active duty for the

convenience of the Government as a result of a reduction in

force, as determined by the Secretary concerned in accordance

with regulations prescribed by the Secretary of Defense;

(4) before applying for benefits under this section—
§ 3018 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 330

(A) completes the requirements of a secondary school diploma (or equivalency certificate); or

(B) successfully completes (or otherwise receives academic credit for) the equivalent of 12 semester hours in a

program of education leading to a standard college degree;

and

(5) upon completion of such obligated period of service— (A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the

Fleet Reserve or Fleet Marine Corps Reserve, or is placed

on the temporary disability retired list;

(B) continues on active duty; or

(C) is released from active duty for further service in a

reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service,

is entitled to basic educational assistance under this chapter.

(c) The basic pay of an individual withdrawing, under subsection

(b)(1) of this section, an election under section 3011(c)(1) or

3012(d)(1) of this title shall be reduced by— (1) $1,200; or

(2) in the case of an individual described in clause (B) or (C)

of subsection (b)(3) of this section whose discharge or release

from active duty prevents the reduction of the basic pay of

such individual by $1,200, an amount less than $1,200.

(d) A withdrawal under subsection (b)(1) of this section is irrevocable.

(Added P.L. 100–689, § 103(a), Nov. 18, 1988, 102 Stat. 4164, § 1418; amended P.L.

101–237, § 423(b)(1)(A), (4)(A), Dec. 18, 1989, 103 Stat. 2092; P.L. 102–16, § 10(a)(2),

Mar. 22, 1991, 105 Stat. 55; renumbered § 3018 and amended P.L. 102–83, § 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–86, § 506(b)(2), Aug. 14, 1991, 105 Stat.

426; P.L. 102–568, § 309(a), Oct. 29, 1992, 106 Stat. 4329; P.L. 105–368, § 203(a),

Nov. 11, 1998, 112 Stat. 3326; P.L. 106–419, § 102(c), Nov. 1, 2000, 114 Stat. 1825.)

§ 3018A. Opportunity for certain active-duty personnel to enroll before being involuntarily separated from

service

(a) Notwithstanding any other provision of law, an individual

who—(1) after February 2, 1991, is involuntarily separated (as

such term is defined in section 1141 of title 10) with an honorable discharge;

(2) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or

equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree;

(3) in the case of any individual who has made an election

under section 3011(c)(1) or 3012(d)(1) of this title, withdraws

such election before such separation pursuant to procedures

which the Secretary of each military department shall provide

in accordance with regulations prescribed by the Secretary of

Defense for the purpose of carrying out this section or which

the Secretary of Transportation shall provide for such purpose
331 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3018B

with respect to the Coast Guard when it is not operating as a

service in the Navy;

(4) in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in paragraph (3) of this subsection, before such separation to receive

benefits under this section in lieu of benefits under such chapter 32; and

(5) before such separation elects to receive assistance under

this section pursuant to procedures referred to in paragraph (3)

of this subsection,

is entitled to basic education assistance under this chapter.

(b) The basic pay of an individual described in subsection (a) of

this section shall be reduced by $1,200.

(c) A withdrawal referred to in subsection (a)(3) of this section is

irrevocable.

(d)(1) Except as provided in paragraph (3) of this subsection, an

individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the election described in subsection (a)(4) of this subsection shall be disenrolled

from such chapter 32 program as of the date of such election.

(2) For each individual who is disenrolled from such program, the

Secretary shall refund—

(A) as provided in section 3223(b) of this title, to the individual the unused contributions made by the individual to the

Post-Vietnam Era Veterans Education Account established

pursuant to section 3222(a) of this title; and

(B) to the Secretary of Defense the unused contributions

(other than contributions made under section 3222(c) of this

title) made by such Secretary to the Account on behalf of such

individual.

(3) Any contribution made by the Secretary of Defense to the

Post-Vietnam Era Veterans Education Account pursuant to subsection (c) of section 3222 of this title on behalf of any individual

referred to in paragraph (1) of this subsection shall remain in such

Account to make payments of benefits to such individual under section 3015(f) of this chapter.

(Added P.L. 101–510, § 561(a)(1), Nov. 5, 1990, 104 Stat. 1571, § 1418A; amended

P.L. 102–25, § 705(c)(1), Apr. 6, 1991, 105 Stat. 120; renumbered § 3018A and

amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 103–446,

§ 1201(d)(4), (i)(4), Nov. 2, 1994, 108 Stat. 4684, 4688; P.L. 105–368, § 203(a), Nov.

11, 1998, 112 Stat. 3326.)

§ 3018B. Opportunity for certain persons to enroll

(a) Notwithstanding any other provision of law—

(1) the Secretary of Defense shall, subject to the availability

of appropriations, allow an individual who—

(A) is separated from the active military, naval, or air

service with an honorable discharge and receives voluntary

separation incentives under section 1174a or 1175 of title

10;

(B) before applying for benefits under this section, has

completed the requirements of a secondary school diploma

(or equivalency certificate) or has successfully completed
§ 3018B CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 332

(or otherwise received academic credit for) the equivalent

of 12 semester hours in a program of education leading to

a standard college degree;

(C) in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title,

withdraws such election before such separation pursuant

to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Transportation shall provide for such purpose with respect to the

Coast Guard when it is not operating as service in the

Navy;

(D) in the case of any person enrolled in the educational

benefits program provided by chapter 32 of this title

makes an irrevocable election, pursuant to procedures referred to in subparagraph (C) of this paragraph, before

such separation to receive benefits under this section in

lieu of benefits under such Chapter 32; and

(E) before such separation elects to receive assistance

under this section pursuant to procedures referred to in

subparagraph (C) of this paragraph; or

(2) the Secretary, in consultation with the Secretary of Defense, shall, subject to the availability of appropriations, allow

an individual who—

(A) separated before October 23, 1992, from the active

military, naval, or air service with an honorable discharge

and received or is receiving voluntary separation incentives under section 1174a or 1175 of title 10;

(B) before applying for benefits under this section, has

completed the requirements of a secondary school diploma

(or equivalency certificate) or has successfully completed

(or otherwise received academic credit for) the equivalent

of 12 semester hours in a program of education leading to

a standard college degree;

(C) in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title,

withdraws such election before making an election under

this paragraph pursuant to procedures which the Secretary shall provide, in consultation with the Secretary of

Defense and the Secretary of Transportation with respect

to the Coast Guard when it is not operating as service in

the Navy, which shall be similar to the regulations prescribed under paragraph (1)(C) of this subsection;

(D) in the case of any person enrolled in the educational

benefits program provided by chapter 32 of this title

makes an irrevocable election, pursuant to procedures referred to in subparagraph (C) of this paragraph, before

making an election under this paragraph to receive benefits under this section in lieu of benefits under such chapter 32; and

(E) before the one-year period beginning on the date of

enactment of this section, elects to receive assistance
333 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3018C

under this section pursuant to procedures referred to in

subparagraph (C) of this paragraph,

to elect to become entitled to basic education assistance under this

chapter.

(b)(1) The basic pay or voluntary separation incentives of an individual who makes an election under subsection (a)(1) to become entitled to basic education assistance under this chapter shall be reduced by $1,200.

(2) The Secretary shall collect $1,200 from an individual who

makes an election under subsection (a)(2) to become entitled to

basic education assistance under this chapter, which shall be paid

into the Treasury of the United States as miscellaneous receipts.

(c) A withdrawal referred to in subsection (a)(1)(C) or (a)(2)(C) of

this section is irrevocable.

(d)(1) Except as provided in paragraph (3) of this subsection, an

individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the election described in subsection (a)(1)(D) or (a)(2)(D) of this section shall be

disenrolled from such chapter 32 program as of the date of such

election.

(2) For each individual who is disenrolled from such program, the

Secretary shall refund—

(A) as provided in section 3223(b) of this title, to the individual the unused contributions made by the individual to the

Post-Vietnam Era Veterans Education Account established

pursuant to section 3222(a) of this title; and

(B) to the Secretary of Defense the unused contributions

(other than contributions made under section 3222(c) of this

title) made by such Secretary to the Account on behalf of such

individual.

(3) Any contribution made by the Secretary of Defense to the

Post-Vietnam Era Veterans Education Account pursuant to subsection (c) of section 3222 of this title on behalf of any individual

referred to in paragraph (1) of this subsection shall remain in such

account to make payments of benefits to such individual under section 3015(f) of this title.

(Added P.L. 102–484, § 4404(a), Oct. 23, 1992, 106 Stat. 2704; amended P.L. 103–

446, § 1201(d)(5), (e)(11), (f)(3), Nov. 2, 1994, 108 Stat. 4684, 4685, 4687; P.L. 105–

368, § § 203(a), 1005(b)(6), Nov. 11, 1998, 112 Stat. 3326, 3365.)

§ 3018C. Opportunity for certain VEAP participants to enroll

(a) Notwithstanding any other provision of law, an individual

who—

(1) is a participant on October 9, 1996, in the educational

benefits program provided by chapter 32 of this title;

(2) is serving on active duty (excluding the periods referred

to in section 3202(1)(C) of this title) on such date;

(3) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or

equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree;
§ 3018C CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 334

(4) if discharged or released from active duty after the date

on which the individual makes the election described in paragraph (5), is discharged or released therefrom with an honorable discharge; and

(5) during the one-year period beginning on October 9, 1996,

makes an irrevocable election to receive benefits under this

section in lieu of benefits under chapter 32 of this title, pursuant to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed

by the Secretary of Defense for the purpose of carrying out this

section or which the Secretary of Transportation shall provide

for such purpose with respect to the Coast Guard when it is

not operating as a service in the Navy;

may elect to become entitled to basic educational assistance under

this chapter.

(b) With respect to an individual who makes an election under

subsection (a) to become entitled to basic education assistance

under this chapter—

(1) the basic pay of the individual shall be reduced (in a

manner determined by the Secretary of Defense) until the total

amount by which such basic pay is reduced is $1,200; or

(2) to the extent that basic pay is not so reduced before the

individual’s discharge or release from active duty as specified

in subsection (a)(4), the Secretary shall collect from the individual an amount equal to the difference between $1,200 and

the total amount of reductions under paragraph (1), which

shall be paid into the Treasury of the United States as miscellaneous receipts.

(c)(1) Except as provided in paragraph (3), an individual who is

enrolled in the educational benefits program provided by chapter

32 of this title and who makes the election described in subsection

(a)(5) shall be disenrolled from such chapter 32 program as of the

date of such election.

(2) For each individual who is disenrolled from such program, the

Secretary shall refund—

(A) to the individual, as provided in section 3223(b) of this

title and subject to subsection (b)(2) of this section, the unused

contributions made by the individual to the Post-Vietnam Era

Veterans Education Account established pursuant to section

3222(a) of this title; and

(B) to the Secretary of Defense the unused contributions

(other than contributions made under section 3222(c) of this

title) made by such Secretary to the Account on behalf of such

individual.

(3) Any contribution made by the Secretary of Defense to the

Post-Vietnam Era Veterans Education Account pursuant to subsection (c) of section 3222 of this title on behalf of any individual

referred to in paragraph (1) shall remain in such account to make

payments of benefits to such individual under section 3015(f) of

this title.

(d) The procedures provided in regulations referred to in subsection (a) shall provide for notice of the requirements of subparagraphs (B), (C), and (D) of section 3011(a)(3) and of subparagraph
335 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3018C

(A) of section 3012(a)(3) of this title. Receipt of such notice shall be

acknowledged in writing.

(e)(1) A qualified individual (described in paragraph (2)) may

make an irrevocable election under this subsection, during the oneyear period beginning on the date of the enactment of this subsection, to become entitled to basic educational assistance under

this chapter. Such an election shall be made in the same manner

as elections made under subsection (a)(5).

(2) A qualified individual referred to in paragraph (1) is an individual who meets each of the following requirements:

(A) The individual was a participant in the educational benefits program under chapter 32 of this title on or before October

9, 1996.

(B) The individual has continuously served on active duty

since October 9, 1996 (excluding the periods referred to in section 3202(1)(C) of this title), through at least April, 1, 2000.

(C) The individual meets the requirements of subsection

(a)(3).

(D) The individual, when discharged or released from active

duty, is discharged or released therefrom with an honorable

discharge.

(3)(A) Subject to the succeeding provisions of this paragraph,

with respect to a qualified individual who makes an election under

paragraph (1) to become entitled to basic education assistance

under this chapter—

(i) the basic pay of the qualified individual shall be reduced

(in a manner determined by the Secretary concerned) until the

total amount by which such basic pay is reduced is $2,700; and

(ii) to the extent that basic pay is not so reduced before the

qualified individual’s discharge or release from active duty as

specified in subsection (a)(4), at the election of the qualified

individual— (I) the Secretary concerned shall collect from the qualified individual; or

(II) the Secretary concerned shall reduce the retired or

retainer pay of the qualified individual by, an amount equal to the difference between $2,700 and the total

amount of reductions under clause (i), which shall be paid into

the Treasury of the United States as miscellaneous receipts.

(B)(i) The Secretary concerned shall provide for an 18-month period, beginning on the date the qualified individual makes an election under paragraph (1), for the qualified individual to pay that

Secretary the amount due under subparagraph (A).

(ii) Nothing in clause (i) shall be construed as modifying the period of eligibility for and entitlement to basic education assistance

under this chapter applicable under section 3031 of this title.

(C) The provisions of subsection (c) shall apply to qualified individuals making elections under this subsection in the same manner

as they applied to individuals making elections under subsection

(a)(5).

(4) With respect to qualified individuals referred to in paragraph

(3)(A)(ii), no amount of educational assistance allowance under this

chapter shall be paid to the qualified individual until the earlier of

the date on which—
§ 3018C CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 336

(A) the Secretary concerned collects the applicable amount

under subclause (I) of such paragraph; or

(B) the retired or retainer pay of the qualified individual is

first reduced under subclause (II) of such paragraph.

(5) The Secretary, in conjunction with the Secretary of Defense,

shall provide for notice to participants in the educational benefits

program under chapter 32 of this title of the opportunity under this

subsection to elect to become entitled to basic educational assistance under this chapter.

(Added P.L. 104–275, § 106(a), Oct. 9, 1996, 110 Stat. 3327; P.L. 105–114, § 401(c),

Nov. 21, 1997, 111 Stat. 2293; P.L. 105–368, § 203(a), Nov. 11, 1998, 112 Stat. 3326;

P.L. 106–419, § 104(a), (b), Nov. 1, 2000, 114 Stat. 1827, 1828; P.L. 107–14, § 7(e)(1),

June 5, 2001, 115 Stat. 33.)

§ 3019. Tutorial assistance

(a) An individual entitled to an educational assistance allowance

under this chapter shall also be entitled to benefits provided an eligible veteran under section 3492 of this title, subject to the conditions applicable to an eligible veteran under such section.

(b) The amount of such benefits payable under this section may

not exceed $100 per month, for a maximum of twelve months, or

until a maximum of $1,200 is utilized. This amount is in addition

to the amount of educational assistance allowance payable to the

individual under this chapter.

(c)(1) An individual’s period of entitlement to educational assistance under this chapter shall be charged only with respect to the

amount of tutorial assistance paid to the individual under this section in excess of $600.

(2) An individual’s period of entitlement to educational assistance

under this chapter shall be charged at the rate of one month for

each amount of assistance paid to the individual under this section

in excess of $600 that is equal to the amount of the monthly educational assistance allowance which the individual is otherwise eligible to receive for full-time pursuit of an institutional course

under this chapter.

(Added P.L. 100–689, § 107(a)(1), Nov. 18, 1988, 102 Stat. 4167, § 1419; renumbered

§ 3019 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 3020. Transfer of entitlement to basic educational assistance: members of the Armed Forces with critical

military skills

(a) IN GENERAL.—Subject to the provisions of this section, each

Secretary concerned may, for the purpose of enhancing recruitment

and retention of members of the Armed Forces with critical military skills and at such Secretary’s sole discretion, permit an individual described in subsection (b) who is entitled to basic educational assistance under this subchapter to elect to transfer to one

or more of the dependents specified in subsection (c) a portion of

such individual’s entitlement to such assistance, subject to the limitation under subsection (d).

(b) ELIGIBLE INDIVIDUALS.—An individual referred to in subsection (a) is any member of the Armed Forces who, at the time

of the approval by the Secretary concerned of the member’s request
337 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3020

to transfer entitlement to basic educational assistance under this

section—

(1) has completed six years of service in the Armed Forces;

(2) either— (A) has a critical military skill designated by the Secretary concerned for purposes of this section; or

(B) is in a military specialty designated by the Secretary

concerned for purposes of this section as requiring critical

military skills; and

(3) enters into an agreement to serve at least four more

years as a member of the Armed Forces.

(c) ELIGIBLE DEPENDENTS.—An individual approved to transfer

an entitlement to basic educational assistance under this section

may transfer the individual’s entitlement as follows:

(1) To the individual’s spouse.

(2) To one or more of the individual’s children.

(3) To a combination of the individuals referred to in paragraphs (1) and (2).

(d) LIMITATION ON MONTHS OF TRANSFER.—The total number of

months of entitlement transferred by an individual under this section may not exceed 18 months.

(e) DESIGNATION OF TRANSFEREE.—An individual transferring an

entitlement to basic educational assistance under this section

shall—

(1) designate the dependent or dependents to whom such entitlement is being transferred;

(2) designate the number of months of such entitlement to be

transferred to each such dependent; and

(3) specify the period for which the transfer shall be effective

for each dependent designated under paragraph (1).

(f) TIME FOR TRANSFER; REVOCATION AND MODIFICATION.—(1)

Subject to the time limitation for use of entitlement under section

3031 of this title, an individual approved to transfer entitlement to

basic educational assistance under this section may transfer such

entitlement at any time after the approval of the individual’s request to transfer such entitlement without regard to whether the

individual is a member of the Armed Forces when the transfer is

executed.

(2)(A) An individual transferring entitlement under this section

may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred.

(B) The modification or revocation of the transfer of entitlement

under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary

of Veterans Affairs.

(g) COMMENCEMENT OF USE.—A dependent to whom entitlement

to basic educational assistance is transferred under this section

may not commence the use of the transferred entitlement until—

(1) in the case of entitlement transferred to a spouse, the

completion by the individual making the transfer of six years

of service in the Armed Forces; or

(2) in the case of entitlement transferred to a child, both—

(A) the completion by the individual making the transfer

of 10 years of service in the Armed Forces; and
§ 3020 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 338

(B) either— (i) the completion by the child of the requirements

of a secondary school diploma (or equivalency certificate); or

(ii) the attainment by the child of 18 years of age.

(h) ADDITIONAL ADMINISTRATIVE MATTERS.—(1) The use of any

entitlement to basic educational assistance transferred under this

section shall be charged against the entitlement of the individual

making the transfer at the rate of one month for each month of

transferred entitlement that is used.

(2) Except as provided under subsection (e)(2) and subject to

paragraphs (4) and (5), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance

under this subchapter in the same manner and at the same rate

as the individual from whom the entitlement was transferred.

(3) The death of an individual transferring an entitlement under

this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred.

(4) Notwithstanding section 3031 of this title, a child to whom

entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years.

(5) The administrative provisions of this chapter (including the

provisions set forth in section 3034(a)(1) of this title) shall apply to

the use of entitlement transferred under this section, except that

the dependent to whom the entitlement is transferred shall be

treated as the eligible veteran for purposes of such provisions.

(6) The purposes for which a dependent to whom entitlement is

transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate).

(i) OVERPAYMENT.—(1) In the event of an overpayment of basic

educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to

the United States for the amount of the overpayment for purposes

of section 3685 of this title.

(2) Except as provided in paragraph (3), if an individual transferring entitlement under this section fails to complete the service

agreed to by the individual under subsection (b)(3) in accordance

with the terms of the agreement of the individual under that subsection, the amount of any transferred entitlement under this section that is used by a dependent of the individual as of the date

of such failure shall be treated as an overpayment of basic educational assistance under paragraph (1).

(3) Paragraph (2) shall not apply in the case of an individual who

fails to complete service agreed to by the individual—

(A) by reason of the death of the individual; or

(B) for a reason referred to in section 3011(a)(1)(A)(ii)(I) of

this title.

(j) APPROVALS OF TRANSFER SUBJECT TO AVAILABILITY OF APPROPRIATIONS.—The Secretary concerned may approve transfers of entitlement to basic educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in that fiscal year for purposes of making de-
339 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3021

posits in the Department of Defense Education Benefits Fund

under section 2006 of title 10 in that fiscal year to cover the

present value of future benefits payable from the Fund for the Department of Defense portion of payments of basic educational assistance attributable to increased usage of benefits as a result of

such transfers of entitlement in that fiscal year.

(k) REGULATIONS.—The Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify

the manner and effect of an election to modify or revoke a transfer

of entitlement under subsection (f)(2) and shall specify the manner

of the applicability of the administrative provisions referred to in

subsection (h)(5) to a dependent to whom entitlement is transferred

under this section.

(l) ANNUAL REPORT.—(1) Not later than January 31 each year

(beginning in 2003), the Secretary of Defense shall submit to the

Committees on Armed Services and the Committees on Veterans’

Affairs of the Senate and House of Representatives a report on the

transfers of entitlement to basic educational assistance under this

section that were approved by each Secretary concerned during the

preceding fiscal year.

(2) Each report shall set forth—

(A) the number of transfers of entitlement under this section

that were approved by such Secretary during the preceding fiscal year; or

(B) if no transfers of entitlement under this section were approved by such Secretary during that fiscal year, a justification

for such Secretary’s decision not to approve any such transfers

of entitlement during that fiscal year.

(m) SECRETARY CONCERNED DEFINED.—Notwithstanding section

101(25) of this title, in this section, the term ‘‘Secretary concerned’’

means—

(1) the Secretary of the Army with respect to matters concerning the Army;

(2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps;

(3) the Secretary of the Air Force with respect to matters

concerning the Air Force; and

(4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Transportation

when it is not operating as a service in the Navy.

(Added P.L. 107–107, § 654(a)(1), Dec. 28, 2001, 115 Stat. 1153.)

SUBCHAPTER III—SUPPLEMENTAL EDUCATIONAL

ASSISTANCE

§ 3021. Supplemental educational assistance for additional

service

(a) The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment

of supplemental educational assistance under this subchapter to

any individual eligible for basic educational assistance under section 3011 or 3018 of this title who—
§ 3021 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 340

(1) serves five or more consecutive years of active duty in the

Armed Forces after the years of active duty counted under section 3011(a)(1) of this title without a break in such service; and

(2) after completion of the service described in clause (1) of

this subsection—

(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the

Fleet Reserve or Fleet Marine Corps Reserve, or is placed

on the temporary disability retired list;

(B) continues on active duty without a break in service;

or

(C) is released from active duty for further service in a

reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service.

(b) The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment

of supplemental educational assistance under this subchapter to

any individual eligible for basic educational assistance under section 3012 or 3018 of this title who—

(1) serves two or more consecutive years of active duty in the

Armed Forces after the years of active duty counted under section 3012(a)(1) of this title and four or more consecutive years

of duty in the Selected Reserve after the years of duty in the

Selected Reserve counted under such section without a break

in service; and

(2) after completion of the service described in clause (1) of

this subsection—

(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the

Fleet Reserve or Fleet Marine Corps Reserve, or is placed

on the temporary disability retired list; or

(B) continues on active duty or in the Selected Reserve.

(c) Continuity of service of a member in the Selected Reserve for

purposes of subsection (b)(1) of this section shall not be considered

to be broken—

(1) by any period of time (not to exceed a maximum period

prescribed by the Secretary concerned by regulation) during

which the member is not able to locate a unit of the Selected

Reserve of the member’s Armed Force that the member is eligible to join or that has a vacancy; or

(2) by any other period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not attached to a unit of the Selected

Reserve that the Secretary concerned, pursuant to regulations,

considers to be inappropriate to consider for such purpose.

(d) A period of active duty or duty in the Selected Reserve that

occurs before the period of duty by which the individual concerned

qualifies for basic educational assistance may not be counted for

purposes of this section.

(Added P.L. 98–525, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2558, § 1421; amended P.L.

99–576, § 321(5), (6), Oct. 28, 1986, 100 Stat. 3278; P.L. 100–689, § 103(b)(5), Nov.

18, 1988, 102 Stat. 4166; P.L. 101–237, § 423(b)(4)(B), Dec. 18, 1989, 103 Stat. 2092;
341 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3031

renumbered § 3021 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

406.)

§ 3022. Amount of supplemental educational assistance

(a) The amount of payment of educational assistance under this

chapter is subject to section 3032 of this title. Except as otherwise

provided under subsection (b) of this section, supplemental educational assistance under section 3021 of this title shall be paid— (1) at a monthly rate of $300 for an approved program of

education pursued on a full-time basis; or

(2) at an appropriately reduced rate, as determined under

regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time

basis.

(b) In the case of a member of the Armed Forces for whom the

Secretary concerned has provided for the payment of supplemental

educational assistance who has a skill or specialty designated by

the Secretary concerned, pursuant to regulations to be prescribed

by the Secretary of Defense, as a skill or specialty in which there

is a critical shortage of personnel, the Secretary concerned, pursuant to such regulations, may increase the rate of the supplemental

educational assistance allowance applicable to such individual to

such rate in excess of the rate prescribed under subsection (a) of

this section as the Secretary concerned considers appropriate, but

the amount of any such increase may not exceed $300 per month.

(Added P.L. 98–525, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2559, § 1422; amended P.L.

100–689, § 111(a)(5)(B), Nov. 18, 1988, 102 Stat. 4171; P.L. 101–237, § 423(b)(1)(A),

(4)(C), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3022 and amended P.L. 102–83,

§ 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 3023. Payment of supplemental educational assistance

under this subchapter

The Secretary shall increase the monthly basic educational assistance allowance paid to an individual who is entitled to supplemental educational assistance under this subchapter by the monthly amount of the supplemental educational assistance to which the

individual is entitled.

(Added P.L. 98–525, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2560, § 1423; amended P.L.

101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3023, P.L. 102–

83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

SUBCHAPTER IV—TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; GENERAL AND ADMINISTRATIVE PROVISIONS

§ 3031. Time limitation for use of eligibility and entitlement

(a) Except as provided in subsections (b) through (g), and subject

to subsection (h), of this section, the period during which an individual entitled to educational assistance under this chapter may

use such individual’s entitlement expires at the end of the 10-year

period beginning on the date of such individual’s last discharge or

release from active duty, except that such 10-year period shall

begin—

(1) in the case of an individual who becomes entitled to such

assistance under clause (A) or (B) of section 3012(a)(1) of this
§ 3031 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 342

title, on the later of the date of such individual’s last discharge

or release from active duty or the date on which the four-year

requirement described in clause (A)(ii) or (B)(ii), respectively, of

such section 3012(a)(1) is met;

(2) in the case of an individual who becomes entitled to such

assistance under section 3011(a)(1)(B), on the later of the date

of such individual’s last discharge or release from active duty

or January 1, 1990; and

(3) in the case of an individual who becomes entitled to such

assistance under section 3011(a)(1)(C) or 3012(a)(1)(C) of this

title, on the date of the enactment of this paragraph.

(b) In the case of any eligible individual who has been prevented,

as determined by the Secretary, from pursuing a program of education under this chapter within the 10-year period prescribed by

subsection (a) of this section because such individual had not met

the nature of discharge requirement of this chapter before the nature of such individual’s discharge or release was changed by appropriate authority, such 10-year period shall not run during the

period of time that such individual was so prevented from pursuing

such program of education.

(c) In the case of an individual eligible for educational assistance

under the provisions of this chapter who, after such individual’s

last discharge or release from active duty, was detained by a foreign government or power, the 10-year period described in subsection (a) of this section shall not run (1) while such individual is

so detained, or (2) during any period immediately following such individual’s release from such detention during which such individual

is hospitalized at a military, civilian, or Department of Veterans

Affairs medical facility.

(d) In the case of an individual eligible for educational assistance

under this chapter—

(1) who was prevented from pursuing such individual’s chosen program of education before the expiration of the 10-year

period for use of entitlement under this chapter otherwise applicable under this section because of a physical or mental disability which was not the result of the individual’s own willful

misconduct, and

(2) who applies for an extension of such 10-year period within one year after (A) the last day of such period, or (B) the last

day on which such individual was so prevented from pursuing

such program, whichever is later,

such 10-year period shall not run with respect to such individual

during the period of time that such individual was so prevented

from pursuing such program and such 10-year period will again

begin running on the first day following such individual’s recovery

from such disability on which it is reasonably feasible, as determined under regulations which the Secretary shall prescribe, for

such individual to initiate or resume pursuit of a program of education with educational assistance under this chapter.

(e)(1) Except as provided in paragraph (2) of this subsection, in

the case of an individual described in section 3011(a)(1)(B),

3011(a)(1)(C), 3012(a)(1)(B), or 3012(a)(1)(C) of this title who is entitled to basic educational assistance under this chapter, the 10-

year period prescribed in subsection (a) of this section shall be re-
343 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3032

duced by an amount of time equal to the amount of time that such

individual was not serving on active duty during the period beginning on January 1, 1977, and ending on June 30, 1985.

(2) In the case of an individual to which paragraph (1) of this

subsection is applicable and who is described in section

3452(a)(1)(B) of this title, the 10-year period prescribed in subsection (a) of this section shall not be reduced by any period in

1977 before the individual began serving on active duty.

(f)(1) If an individual eligible for educational assistance under

this chapter is enrolled under this chapter in an educational institution regularly operated on the quarter or semester system and

the period of such individual’s entitlement under this chapter

would, under section 3013, expire during a quarter or semester,

such period shall be extended to the end of such quarter or semester.

(2) If an individual eligible for educational assistance under this

chapter is enrolled under this chapter in an educational institution

not regularly operated on the quarter or semester system and the

period of such individual’s entitlement under this chapter would,

under section 3013, expire after a major portion of the course is

completed, such period shall be extended to the end of the course

or for 12 weeks, whichever is the lesser period of extension.

(g) In the case of an individual described in section 3011(f )(3) of

this title, the period during which that individual may use the individual’s entitlement to educational assistance allowance expires on

the last day of the 10-year period beginning on the date of the enactment of the Veterans Millennium Health Care and Benefits Act

if that date is later than the date that would otherwise be applicable to that individual under this section.

(h) For purposes of subsection (a) of this section, an individual’s

last discharge or release from active duty shall not include any discharge or release from a period of active duty of less than 90 days

of continuous service unless the individual involved is discharged

or released for a service-connected disability, for a medical condition which preexisted such service and which the Secretary determines is not service connected, for hardship, or as result of a reduction in force as described in section 3011(a)(1)(A)(ii)(III) of this

title.

(Added P.L. 98–525, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2560, § 1431; amended P.L.

99–576, §§ 307(b), 321(7), Oct. 28, 1986, 100 Stat. 3270, 3278; P.L. 100–689,

§ 111(a)(6), Nov. 18, 1988, 102 Stat. 4171; P.L. 101–237, §§ 420(a)(1), (b), 423(a)(4),

(b)(1), Dec. 18, 1989, 103 Stat. 2087, 2088, 2091, 2092; renumbered § 3031 and

amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–568,

§ 302(a)(3), Oct. 29, 1992, 106 Stat. 4327; P.L. 106–117, § 702(b), Nov. 30, 1999, 113

Stat. 1583; P.L. 107–103, § 105(c), Dec. 27, 2001, 115 Stat. 983.)

§ 3032. Limitations on educational assistance for certain individuals

(a) In the case of an individual entitled to educational assistance

under this chapter who is pursuing a program of education—

(1) while on active duty; or

(2) on less than a half-time basis,

the amount of the monthly educational assistance allowance payable to such individual under this chapter is the amount determined under subsection (b) of this section.
§ 3032 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 344

(b) The amount of the educational assistance allowance payable

to an individual described in subsection (a) of this section is the

least of the following: (1) the amount of the educational assistance

allowance otherwise payable to such individual under this chapter,

(2) the established charges for tuition and fees that the educational

institution involved requires similarly circumstanced nonveterans

enrolled in the same program to pay, or (3) the amount of the

charges of the educational institution elected by the individual

under section 3014(b)(1) of this title.

(c)(1) Except as provided in paragraph (2) of this subsection, the

amount of the monthly educational assistance allowance payable to

an individual pursuing a full-time program of apprenticeship or

other on-job training under this chapter is— (A) for each of the first six months of the individual’s pursuit

of such program, 75 percent of the monthly educational assistance allowance otherwise payable to such individual under this

chapter;

(B) for each of the second six months of the individual’s pursuit of such program, 55 percent of such monthly educational

assistance allowance; and

(C) for each of the months following the first 12 months of

the individual’s pursuit of such program, 35 percent of such

monthly educational assistance allowance.

(2) In any month in which an individual pursuing a program of

education consisting of a program of apprenticeship or other on-job

training fails to complete 120 hours of training, the amount of

monthly educational assistance allowance payable under this chapter to the individual shall be limited to the same proportion of the

applicable rate determined under paragraph (1) of this subsection

as the number of hours worked during such month, rounded to the

nearest eight hours, bears to 120 hours.

(3)(A) Except as provided in subparagraph (B) of this paragraph,

for each month that an individual is paid a monthly educational assistance allowance under this chapter, the individual’s entitlement

under this chapter shall be charged at the rate of— (i) 75 percent of a month in the case of payments made in

accordance with paragraph (1)(A) of this subsection;

(ii) 55 percent of a month in the case of payments made in

accordance with paragraph (1)(B) of this subsection; and

(iii) 35 percent of a month in the case of payments made in

accordance with paragraph (1)(C) of this subsection.

(B) Any such charge to the individual’s entitlement shall be reduced proportionately in accordance with the reduction in payment

under paragraph (2) of this subsection.

(d)(1)(A) The amount of the educational assistance allowance

payable under this chapter to an individual who enters into an

agreement to pursue, and is pursuing, a program of education exclusively by correspondence is an amount equal to 55 percent of the

established charge which the institution requires nonveterans to

pay for the course or courses pursued by such individual.

(B) For purposes of this paragraph, the term ‘‘established charge’’

means the lesser of—

(i) the charge for the course or courses determined on the

basis of the lowest extended time payment plan offered by the
345 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3032

institution and approved by the appropriate State approving

agency; or

(ii) the actual charge to the individual for such course or

courses.

(2) Such allowance shall be paid quarterly on a pro rata basis for

the lessons completed by the individual and serviced by the institution.

(3) In each case in which the rate of payment to an individual

is determined under paragraph (1) of this subsection, the period of

entitlement of such individual under this chapter shall be charged

at the rate of one month for each payment of educational assistance to the individual that is equal to the amount of monthly educational assistance the individual would otherwise be eligible to receive for full-time pursuit of an institutional course under this

chapter.

(e)(1) Notwithstanding subsection (a) of this section, each individual who is pursuing a program of education consisting exclusively of flight training approved as meeting the requirements of

section 3034(d) of this title shall be paid an educational assistance

allowance under this chapter in the amount equal to 60 percent of

the established charges for tuition and fees which similarly

circumstanced nonveterans enrolled in the same flight course are

required to pay.

(2) No educational assistance allowance may be paid under this

chapter to an individual for any month during which such individual is pursuing a program of education consisting exclusively of

flight training until the Secretary has received from that individual

and the institution providing such training a certification of the

flight training received by the individual during that month and

the tuition and other fees charged for that training.

(3) The number of months of entitlement charged in the case of

any individual for a program of education described in paragraph

(1) of this subsection shall be equal to the number (including any

fraction) determined by dividing the total amount of educational

assistance paid such individual for such program by the monthly

rate of educational assistance which, except for paragraph (1) of

this subsection, such individual would otherwise be paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of this title, as the

case may be.

(4) The number of solo flying hours for which an individual may

be paid an educational assistance allowance under this subsection

may not exceed the minimum number of solo flying hours required

by the Federal Aviation Administration for the flight rating or certification which is the goal of the individual’s flight training.

(f)(1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a licensing or certification test

described in section 3452(b) of this title is the lesser of $2,000 or

the fee charged for the test.

(2) The number of months of entitlement charged in the case of

any individual for such licensing or certification test is equal to the

number (including any fraction) determined by dividing the total

amount of educational assistance paid such individual for such test

by the full-time monthly institutional rate of educational assistance

which, except for paragraph (1), such individual would otherwise be
§ 3032 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 346

paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of

this title, as the case may be.

(3) In no event shall payment of educational assistance under

this subsection for such a test exceed the amount of the individual’s

available entitlement under this chapter.

(Added P.L. 98–525, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2561, § 1432; amended P.L.

99–576, § 301(b), (d)(1), Oct. 28, 1986, 100 Stat. 3267, 3268; P.L. 100–689,

§§ 108(a)(2), 111(a)(7)(A), (8), Nov. 18, 1988, 102 Stat. 4169, 4172; P.L. 101–237,

§ 422(a)(2), Dec. 18, 1989, 103 Stat. 2089; P.L. 102–16, § 10(a)(3), Mar. 22, 1991, 105

Stat. 55; renumbered § 3032 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406; P.L. 102–568, § 310(a), Oct. 29, 1992, 106 Stat. 4329; P.L. 103–446,

§ 1201(d)(6), Nov. 2, 1994, 108 Stat. 4684; P.L. 104–275, § 105(a), Oct. 9, 1996, 110

Stat. 3327; P.L. 106–419, § 122(b)(1), Nov. 1, 2000, 114 Stat. 1833; P.L. 107–14,

§ 7(b)(2)(B), June 5, 2001, 115 Stat. 32.)

§ 3033. Bar to duplication of educational assistance benefits

(a)(1) An individual entitled to educational assistance under a

program established by this chapter who is also eligible for educational assistance under a program under chapter 31, 32, or 35 of

this title, under chapter 106 or 107 of title 10, or under the Hostage Relief Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note)

may not receive assistance under two or more of such programs

concurrently but shall elect (in such form and manner as the Secretary may prescribe) under which program to receive educational

assistance.

(2) An individual entitled to educational assistance under chapter

34 of this title may not receive assistance under this chapter before

January 1, 1990.

(b) A period of service counted for purposes of repayment under

chapter 109 of title 10 of an education loan may not also be counted for purposes of entitlement to educational assistance under this

chapter.

(c) An individual who serves in the Selected Reserve may not receive credit for such service under both the program established by

this chapter and the program established by chapter 106 of title 10

but shall elect (in such form and manner as the Secretary may prescribe) the program to which such service is to be credited.

(Added P.L. 98–525, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2561, § 1433; amended P.L.

99–576, § 306, Oct. 28, 1986, 100 Stat. 3269; P.L. 101–237, § 423(b)(1)(A), Dec. 18,

1989, 103 Stat. 2092; P.L. 102–16, § 10(a)(4), Mar. 22, 1991, 105 Stat. 55; renumbered § 3033, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3034. Program administration

(a)(1) Except as otherwise provided in this chapter, the provisions of sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485

of this title and the provisions of subchapters I and II of chapter

36 of this title (with the exception of sections 3680(c), 3680(f),

3686(a), and 3687) shall be applicable to the provision of educational assistance under this chapter.

(2) The term ‘‘eligible veteran’’, as used in the provisions of the

sections enumerated in paragraph (1) of this subsection, shall be

deemed to include an individual who is eligible for educational assistance under this chapter.

(3) The Secretary may, without regard to the application to this

chapter of so much of the provisions of section 3471 of this title as
347 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3034

prohibit the enrollment of an eligible veteran in a program of education in which the veteran is ‘‘already qualified’’, and pursuant to

such regulations as the Secretary shall prescribe, approve the enrollment of such individual in refresher courses (including courses

which will permit such individual to update knowledge and skills

or be instructed in the technological advances which have occurred

in the individual’s field of employment during and since the period

of such veteran’s active military service), deficiency courses, or

other preparatory or special education or training courses necessary to enable the individual to pursue an approved program of

education.

(b) Regulations prescribed by the Secretary of Defense under this

chapter shall be uniform for the Armed Forces under the jurisdiction of the Secretary of a military department.

(c) Payment of educational assistance allowance in the case of an

eligible individual pursuing a program of education under this

chapter on less than a half-time basis shall be made in a lump-sum

amount for the entire quarter, semester, or term not later than the

last day of the month immediately following the month in which

certification is received from the educational institution that such

individual has enrolled in and is pursuing a program at such institution. Such lump-sum payment shall be computed at the rate determined under section 3032(b) of this title.

(d) The Secretary may approve the pursuit of flight training (in

addition to a course of flight training that may be approved under

section 3680A(b) of this title) by an individual entitled to basic educational assistance under this chapter if—

(1) such training is generally accepted as necessary for the

attainment of a recognized vocational objective in the field of

aviation;

(2) the individual possesses a valid private pilot certificate

and meets, on the day the individual begins a course of flight

training, the medical requirements necessary for a commercial

pilot certificate; and

(3) the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the

Federal Aviation Administration and the State approving agency.

(e)(1) In the case of a member of the Armed Forces who participates in basic educational assistance under this chapter, the Secretary shall furnish the information described in paragraph (2) to

each such member. The Secretary shall furnish such information as

soon as practicable after the basic pay of the member has been reduced by $1,200 in accordance with section 3011(b) or 3012(c) of

this title and at such additional times as the Secretary determines

appropriate.

(2) The information referred to in paragraph (1) is information

with respect to the benefits, limitations, procedures, eligibility requirements (including time-in-service requirements), and other important aspects of the basic educational assistance program under

this chapter, including application forms for such basic educational

assistance under section 5102 of this title.

(3) The Secretary shall furnish the forms described in paragraph

(2) and other educational materials to educational institutions,
§ 3034 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 348

training establishments, and military education personnel, as the

Secretary determines appropriate.

(4) The Secretary shall use amounts appropriated for readjustment benefits to carry out this subsection and section 5102 of this

title with respect to application forms under that section for basic

educational assistance under this chapter.

(Added P.L. 98–525, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2562, § 1434; amended P.L.

99–576, §§ 301(c), 302, 305, 308(a), Oct. 28, 1986, 100 Stat. 3268–3270; P.L. 100– 689, §§ 106(a), 111(a)(7)(B), Nov. 18, 1988, 102 Stat. 4166, 4172; P.L. 101–237,

§§ 415(b), 422(a)(1), 423(a)(5)(A), (6), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2086, 2088,

2091, 2092; P.L. 102–16, § 2(b)(2), Mar. 22, 1991, 105 Stat. 49; renumbered § 3034

and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–568,

§ 313(a)(4), Oct. 29, 1992, 106 Stat. 4332; P.L. 103–446, § 601(a), Nov. 2, 1994, 108

Stat. 4670; P.L. 105–368, §§ 204(a), 205, 206(a), Nov. 11, 1998, 112 Stat. 3327.)

§ 3035. Allocation of administration and of program costs

(a) Except to the extent otherwise specifically provided in this

chapter, the educational assistance programs established by this

chapter shall be administered by the Department of Veterans Affairs.

(b)(1) Except to the extent provided in paragraphs (2) and (3) of

this subsection, payments for entitlement earned under subchapter

II of this chapter shall be made from funds appropriated to, or otherwise available to, the Department of Veterans Affairs for the payment of readjustment benefits and from transfers from the PostVietnam Era Veterans Education Account pursuant to section

3232(b)(2)(B) of this title.

(2) Payments for entitlement earned under subchapter II of this

chapter that is established under section 3015(d) of this title at a

rate in excess of the rate prescribed under subsection (a) or (b) of

section 3015 of this title shall, to the extent of that excess, be made

from the Department of Defense Education Benefits Fund established under section 2006 of title 10 or from appropriations made

to the Department of Transportation, as appropriate.

(3) Payment for entitlements established under section 3018A or

3018B of this title shall be made—

(A) except as provided in subparagraphs (B) and (C) of this

paragraph, from the Department of Defense Education Benefits Fund established under section 2006 of title 10;

(B) in the case of any individual described in section

3018A(a)(3), 3018B(a)(1)(C), or 3018B(a)(2)(C) of this title, from

funds appropriated, or otherwise available, to the Department

of Veterans Affairs for the payment of readjustment benefits;

and

(C) in the case of the increase in payments made under section 3015(f) of this title, from the Post-Vietnam Era Veterans

Education Account established pursuant to section 3222(a) of

this title.

(c) Payments for educational assistance provided under subchapter III of this chapter shall be made from the Department of

Defense Education Benefits Fund established under section 2006 of

title 10 or from appropriations made to the Department of Transportation, as appropriate.

(d) Funds for the payment by the Secretary of benefits under this

chapter that are to be paid from the Department of Defense Edu-
349 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. § 3036

cation Benefits Fund shall be transferred to the Department of Veterans Affairs from such Fund as necessary and in accordance with

agreements entered into under section 2006 of title 10 by the Secretary, the Secretary of Defense, and the Secretary of the Treasury.

Funds for the payment by the Secretary of benefits under this

chapter that are to be paid from appropriations made to the Department of Transportation shall be transferred to the Department

of Veterans Affairs as necessary. The Secretary and the Secretary

of Transportation shall enter into an agreement for the manner in

which such transfers are to be made.

(e) Payments for tutorial assistance benefits under section 3019

of this title shall be made— (1) in the case of the first $600 of such benefits paid to an

individual, from funds appropriated, or otherwise available, to

the Department of Veterans Affairs for the payment of readjustment benefits; and

(2) in the case of payments to an individual for such benefits in excess of $600, from— (A) funds appropriated, or otherwise available, to the

Department of Veterans Affairs for the payment of readjustment benefits;

(B) the Department of Defense Education Benefits Fund

established under section 2006 of title 10; and

(C) funds appropriated to the Department of Transportation,

in the same proportion as the Fund described in subclause (B)

of this clause and the funds described in subclause (A) or (C)

of this clause are used to pay the educational assistance allowance to the individual under this chapter.

(Added P.L. 98–525, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2562, § 1435; amended P.L.

99–576, § 321(8), Oct. 28, 1986, 100 Stat. 3278; P.L. 100–689, § 107(a)(2), Nov. 18,

1988, 102 Stat. 4168; P.L. 101–237, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; P.L.

101–510, § 561(b)(3), Nov. 5, 1990, 104 Stat. 1573; renumbered § 3035 and amended

P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–484, § 4404(b)(3),

Oct. 23, 1992, 106 Stat. 2706; P.L. 103–446, § 1201(d)(7), Nov. 2, 1994, 108 Stat.

4684; P.L. 104–275, § 106(c)(2), Oct. 9, 1996, 110 Stat. 3329.)

§ 3036. Reporting requirement

(a) The Secretary of Defense and the Secretary shall submit to

the Congress at least once every two years separate reports on the

operation of the program provided for in this chapter.

(b) The Secretary of Defense shall include in each report submitted under this section—

(1) information indicating (A) the extent to which the benefit

levels provided under this chapter are adequate to achieve the

purposes of inducing individuals to enter and remain in the

Armed Forces and of providing an adequate level of financial

assistance to help meet the cost of pursuing a program of education, (B) whether it is necessary for the purposes of maintaining adequate levels of well-qualified active-duty personnel

in the Armed Forces to continue to offer the opportunity for

educational assistance under this chapter to individuals who

have not yet entered active-duty service, and (C) describing the

efforts under sections 3011(i) and 3012(g) of this title to inform

members of the Armed Forces of the minimum service require-
§ 3036 CH. 30—ALL–VOLUNTEER FORCE ED. ASST. 350

ments for entitlement to educational assistance benefits under

this chapter and the results from such efforts; and

(2) such recommendations for administrative and legislative

changes regarding the provision of educational assistance to

members of the Armed Forces and veterans, and their dependents, as the Secretary of Defense considers appropriate.

(c) The Secretary shall include in each report submitted under

this section—

(1) information concerning the level of utilization of educational assistance and of expenditures under this chapter; and

(2) such recommendations for administrative and legislative

changes regarding the provision of educational assistance to

members of the Armed Forces and veterans, and their dependents, as the Secretary considers appropriate.

(d) No report shall be required under this section after January

1, 2005.

(Added P.L. 98–525, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2563, § 1436; amended .L.

101–237, § 423(b)(1)(A), (4)(D), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3036,

P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; amended P.L. 105–368, Nov. 11,

1998, § 207(c), 112 Stat. 3328; P.L. 106–419, § 403(c)(4), Nov. 1, 2000, 114 Stat.

1864.)
(351)

CHAPTER 31—TRAINING AND REHABILITATION FOR

VETERANS WITH SERVICE–CONNECTED DISABILITIES

Sec.

3100. Purposes.

3101. Definitions.

3102. Basic entitlement.

3103. Periods of eligibility.

3104. Scope of services and assistance.

3105. Duration of rehabilitation programs.

3106. Initial and extended evaluations; determinations regarding serious employment handicap.

3107. Individualized vocational rehabilitation plan.

3108. Allowances.

3109. Entitlement to independent living services and assistance.

3110. Leaves of absence.

3111. Regulations to promote satisfactory conduct and cooperation.

3112. Revolving fund loans.

3113. Vocational rehabilitation for hospitalized members of the Armed Forces

and veterans.

3114. Vocational rehabilitation outside the United States.

3115. Rehabilitation resources.

3116. Promotion of employment and training opportunities.

3117. Employment assistance.

3118. Personnel training, development, and qualifications.

3119. Rehabilitation research and special projects.

3120. Program of independent living services and assistance.

3121. Veterans’ Advisory Committee on Rehabilitation.

§ 3100. Purposes

The purposes of this chapter are to provide for all services and

assistance necessary to enable veterans with service-connected disabilities to achieve maximum independence in daily living and, to

the maximum extent feasible, to become employable and to obtain

and maintain suitable employment.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2172, § 1500; renumbered

§ 3100, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3101. Definitions

For the purposes of this chapter—

(1) 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.

(2) 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.

(3) The term ‘‘program of education’’ has the meaning provided

in section 3452(b) of this title.
§ 3101 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. 352

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) The term ‘‘vocational goal’’ means a gainful employment status consistent with a veteran’s abilities, aptitudes, and interests.

(9) 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 P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2172, § 1501; amended P.L. 99–

576, § 333(b)(1), Oct. 28, 1986, 100 Stat. 3279; P.L. 101–237, § 423(b)(1)(A), Dec. 18,

1989, 103 Stat. 2092; renumbered § 3101 and amended P.L. 102–83, § 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406; P.L. 104–275, § 101(a), Oct. 9, 1996, 110 Stat. 3323.)

§ 3102. Basic entitlement

A person shall be entitled to a rehabilitation program under the

terms and conditions of this chapter if—
353 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. § 3103

(1) the person—

(A) is—

(i) a veteran who has a service-connected disability

rated at 20 percent or more and which was incurred

or aggravated in service on or after September 16,

1940; or

(ii) hospitalized or receiving outpatient medical care,

services, or treatment for a service-connected disability pending discharge from the active military,

naval, or air service, and the Secretary determines

that—

(I) the hospital (or other medical facility) providing the hospitalization, care, services, or treatment is doing so under contract or agreement with

the Secretary concerned, or is under the jurisdiction of the Secretary of Veterans Affairs or the

Secretary concerned; and

(II) the person is suffering from a disability

which will likely be compensable at a rate of 20

percent or more under chapter 11 of this title; and

(B) is determined by the Secretary to be in need of rehabilitation because of an employment handicap; or

(2) the person is a veteran who—

(A) has a service-connected disability rated at 10 percent

and which was incurred or aggravated in service on or

after September 16, 1940; and

(B) is determined by the Secretary to be in need of rehabilitation because of a serious employment handicap.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2173, § 1502; amended P.L.

101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; P.L. 101–508, § 8021(a), Nov.

5, 1990, 104 Stat. 1388–347; P.L. 102–16, § 3(a), Mar. 22, 1991, 105 Stat. 49; renumbered § 3102, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; P.L. 102–568, § 404(a),

Oct. 29, 1992, 106 Stat. 4338.)

§ 3103. Periods of eligibility

(a) Except as provided in subsection (b), (c), or (d) of this section,

a rehabilitation program may not be afforded to a veteran under

this chapter after the end of the twelve-year period beginning on

the date of such veteran’s discharge or release from active military,

naval, or air service.

(b)(1) In any case in which the Secretary determines that a veteran has been prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility prescribed in subsection (a) of this section because a medical

condition of such veteran made it infeasible for such veteran to

participate in such a program, the twelve-year period of eligibility

shall not run during the period of time that such veteran was so

prevented from participating in such a program, and such period

of eligibility shall again begin to run on the first day following such

veteran’s recovery from such condition on which it is reasonably

feasible, as determined under regulations which the Secretary shall

prescribe, for such veteran to participate in such a program.

(2) In any case in which the Secretary determines that a veteran

has been prevented from participating in a vocational rehabilita-
§ 3103 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. 354

tion program under this chapter within the period of eligibility prescribed in subsection (a) of this section because— (A) such veteran had not met the requirement of a discharge

or release from active military, naval, or air service under conditions other than dishonorable before (i) the nature of such

discharge or release was changed by appropriate authority, or

(ii) the Secretary determined, under regulations prescribed by

the Secretary, that such discharge or release was under conditions other than dishonorable, or

(B) such veteran’s discharge or dismissal was, under section

5303 of this title, a bar to benefits under this title before the

Secretary made a determination that such discharge or dismissal is not a bar to such benefits,

the twelve-year period of eligibility shall not run during the period

of time that such veteran was so prevented from participating in

such a program.

(3) In any case in which the Secretary determines that a veteran

has been prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility prescribed in subsection (a) of this section because such veteran had

not established the existence of a service-connected disability rated

at 10 percent or more, the twelve-year period of eligibility shall not

run during the period such veteran was so prevented from participating in such a program.

(c) In any case in which the Secretary determines that a veteran

is in need of services to overcome a serious employment handicap,

such veteran may be afforded a vocational rehabilitation program

after the expiration of the period of eligibility otherwise applicable

to such veteran if the Secretary also determines, on the basis of

such veteran’s current employment handicap and need for such

services, that an extension of the applicable period of eligibility is

necessary for such veteran and— (1) that such veteran had not previously been rehabilitated

to the point of employability;

(2) that such veteran had previously been rehabilitated to

the point of employability but (A) the need for such services

had arisen out of a worsening of such veteran’s service-connected disability that precludes such veteran from performing

the duties of the occupation for which such veteran was previously trained in a vocational rehabilitation program under

this chapter, or (B) the occupation for which such veteran had

been so trained is not suitable in view of such veteran’s current

employment handicap and capabilities; or

(3) under regulations which the Secretary shall prescribe,

that an extension of the period of eligibility of such veteran is

necessary to accomplish the purposes of a rehabilitation program for such veteran.

(d) In any case in which the Secretary has determined that a veteran’s disability or disabilities are so severe that the achievement

of a vocational goal currently is not reasonably feasible, such veteran may be afforded a program of independent living services and

assistance in accordance with the provisions of section 3120 of this

title after the expiration of the period of eligibility otherwise applicable to such veteran if the Secretary also determines that an ex-
355 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. § 3104

tension of the period of eligibility of such veteran is necessary for

such veteran to achieve maximum independence in daily living.

(e) In any case in which the Secretary has determined that a veteran was prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility otherwise prescribed in this section 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, such period of eligibility shall

not run for the period of such active duty service plus four months.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2173, § 1503; amended P.L. 99– 576, § 333(b)(2), Oct. 28, 1986, 100 Stat. 3279; P.L. 101–237, § 423(b)(1)(A), Dec. 18,

1989, 103 Stat. 2092; P.L. 102–40, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 3103 and amended, P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406;

P.L. 103–446, § 1201(d)(8), Nov. 2, 1994, 108 Stat. 4684; P.L. 104–275, § 101(c), Oct.

9, 1996, 110 Stat. 3324; P.L. 107–103, § 103(c)(2), Dec. 27, 2001, 115 Stat. 979.)

§ 3104. Scope of services and assistance

(a) Services and assistance which the Secretary may provide

under this chapter, pursuant to regulations which the Secretary

shall prescribe, include the following:

(1) Evaluation, including periodic reevaluations as appropriate with respect to a veteran participating in a rehabilitation program, of the potential for rehabilitation of a veteran,

including diagnostic and related services (A) to determine

whether the veteran has an employment handicap or a serious

employment handicap and whether a vocational goal is reasonably feasible for such veteran, and (B) to provide a basis for

planning a suitable vocational rehabilitation program or a program of services and assistance to improve the vocational rehabilitation potential or independent living status of such veteran, as appropriate.

(2) Educational, vocational, psychological, employment, and

personal adjustment counseling.

(3) An allowance and other appropriate assistance, as authorized by section 3108 of this title.

(4) A work-study allowance as authorized by section 3485 of

this title.

(5) Placement services to effect suitable placement in employment, and postplacement services to attempt to insure satisfactory adjustment in employment.

(6) Personal adjustment and work adjustment training.

(7)(A) Vocational and other training services and assistance,

including individualized tutorial assistance, tuition, fees,

books, supplies, handling charges, licensing fees, and equipment and other training materials determined by the Secretary

to be necessary to accomplish the purposes of the rehabilitation

program in the individual case.

(B) Payment for the services and assistance provided under

subparagraph (A) of this paragraph shall be made from funds

available for the payment of readjustment benefits.

(8) Loans as authorized by section 3112 of this title.

(9) Treatment, care, and services described in chapter 17 of

this title.

(10) Prosthetic appliances, eyeglasses, and other corrective

and assistive devices.
§ 3104 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. 356

(11) Services to a veteran’s family as necessary for the effective rehabilitation of such veteran.

(12) For veterans with the most severe service-connected disabilities who require homebound training or self-employment,

or both homebound training and self-employment, such license

fees and essential equipment, supplies, and minimum stocks of

materials as the Secretary determines to be necessary for such

a veteran to begin employment and are within the criteria and

cost limitations that the Secretary shall prescribe in regulations for the furnishing of such fees, equipment, supplies, and

stocks.

(13) Travel and incidental expenses under the terms and

conditions set forth in section 111 of this title, plus, in the case

of a veteran who because of such veteran’s disability has transportation expenses in addition to those incurred by persons not

so disabled, a special transportation allowance to defray such

additional expenses during rehabilitation, job seeking, and the

initial employment stage.

(14) Special services (including services related to blindness

and deafness) including— (A) language training, speech and voice correction, training in ambulation, and one-hand typewriting;

(B) orientation, adjustment, mobility, reader, interpreter,

and related services; and

(C) telecommunications, sensory, and other technical

aids and devices.

(15) Services necessary to enable a veteran to achieve maximum independence in daily living.

(16) Other incidental goods and services determined by the

Secretary to be necessary to accomplish the purposes of a rehabilitation program in an individual case.

(b) A rehabilitation program (including individual courses) to be

pursued by a veteran shall be subject to the approval of the Secretary.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2174, § 1504; amended P.L.

100–323, § 11(a)(3)(A), May 20, 1988, 102 Stat. 568; P.L. 101–237, § 423(b)(1)(A),

Dec. 18, 1989, 103 Stat. 2092; P.L. 102–16, § 3(b)(1), Mar. 22, 1991, 105 Stat. 49;

P.L. 102–54, § 14(c)(3), June 13, 1991, 105 Stat. 285; renumbered § 3104 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 104–275, § 101(d), Oct.

9, 1996, 110 Stat. 3324.)

§ 3105. Duration of rehabilitation programs

(a) In any case in which the Secretary is unable to determine

whether it currently is reasonably feasible for a veteran to achieve

a vocational goal, the period of extended evaluation under section

3106(c) of this title may not exceed twelve months, except that such

period may be extended for additional periods of up to six months

each if the Secretary determines before granting any such extension that it is reasonably likely that, during the period of any such

extension, a determination can be made whether the achievement

of a vocational goal is reasonably feasible in the case of such veteran.

(b) Except as provided in subsection (c) of this section, the period

of a vocational rehabilitation program for a veteran under this

chapter following a determination of the current reasonable feasi-
357 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. § 3105

bility of achieving a vocational goal may not exceed forty-eight

months, except that the counseling and placement and

postplacement services described in section 3104(a)(2) and (5) of

this title may be provided for an additional period not to exceed

eighteen months in any case in which the Secretary determines the

provision of such counseling and services to be necessary to accomplish the purposes of a rehabilitation program in the individual

case.

(c) The Secretary may extend the period of a vocational rehabilitation program for a veteran to the extent that the Secretary determines that an extension of such period is necessary to enable such

veteran to achieve a vocational goal if the Secretary also

determines— (1) that such veteran had previously been rehabilitated to

the point of employability but (A) such veteran’s need for further vocational rehabilitation has arisen out of a worsening of

such veteran’s service-connected disability that precludes such

veteran from performing the duties of the occupation for which

such veteran had been so rehabilitated, or (B) the occupation

for which such veteran had been so rehabilitated is not suitable in view of such veteran’s current employment handicap

and capabilities; or

(2) under regulations which the Secretary shall prescribe,

that such veteran has a serious employment handicap and that

an extension of such period is necessary to accomplish the purposes of a rehabilitation program for such veteran.

(d) Unless the Secretary determines that a longer period is necessary and likely to result in a substantial increase in a veteran’s

level of independence in daily living, the period of a program of

independent living services and assistance for a veteran under this

chapter (following a determination by the Secretary that such veteran’s disability or disabilities are so severe that the achievement

of a vocational goal currently is not reasonably feasible) may not

exceed twenty-four months.

(e)(1) Notwithstanding any other provision of this chapter or

chapter 36 of this title, any payment of a subsistence allowance

and other assistance described in paragraph (2) shall not— (A) be charged against any entitlement of any veteran under

this chapter; or

(B) be counted toward the aggregate period for which section

3695 of this title limits an individual’s receipt of allowance or

assistance.

(2) The payment of the subsistence allowance and other assistance referred to in paragraph (1) is the payment of such an allowance or assistance for the period described in paragraph (3) to a

veteran for participation in a vocational rehabilitation program

under this chapter if the Secretary finds that the veteran had to

suspend or discontinue participation in such vocational rehabilitation program 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.

(3) The period for which, by reason of this subsection, a subsistence allowance and other assistance is not charged against entitlement or counted toward the applicable aggregate period under sec-
§ 3105 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. 358

tion 3695 of this title shall be the period of participation in the vocational rehabilitation program for which the veteran failed to receive credit or with respect to which the veteran lost training time,

as determined by the Secretary.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2176, § 1505; amended P.L. 99–

576, § 333(b)(3), Oct. 28, 1986, 100 Stat. 3279; P.L. 101–237, § 423(b)(1)(A), Dec. 18,

1989, 103 Stat. 2092; renumbered § 3105 and amended P.L. 102–83, § 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406; P.L. 104–275, § 101(e), Oct. 9, 1996, 110 Stat. 3324; P.L.

107–103, § 103(c)(1), Dec. 27, 2001, 115 Stat. 979.)

§ 3106. Initial and extended evaluations; determinations regarding serious employment handicap

(a) The Secretary shall provide any veteran who has a serviceconnected disability rated at 10 percent or more and who applies

for benefits under this chapter with an initial evaluation consisting

of such services described in section 3104(a)(1) of this title as are

necessary (1) to determine whether such veteran is entitled to and

eligible for benefits under this chapter, and (2) in the case of a veteran who is determined to be entitled to and eligible for such benefits, to determine—

(A) whether such veteran has a serious employment handicap, and

(B) whether the achievement of a vocational goal currently

is reasonably feasible for such veteran if it is reasonably feasible to make such determination without extended evaluation.

(b) In any case in which the Secretary has determined that a veteran has a serious employment handicap and that the achievement

of a vocational goal currently is reasonably feasible for such veteran, such veteran shall be provided an individualized written plan

of vocational rehabilitation developed under section 3107(a) of this

title.

(c) In any case in which the Secretary has determined that a veteran has a serious employment handicap but the Secretary is unable to determine, in an initial evaluation pursuant to subsection

(a) of this section, whether or not the achievement of a vocational

goal currently is reasonably feasible, such veteran shall be provided with an extended evaluation consisting of the services described in section 3104(a)(1) of this title, such services under this

chapter as the Secretary determines necessary to improve such veteran’s potential for participation in a program of services designed

to achieve a vocational goal and enable such veteran to achieve

maximum independence in daily living, and assistance as authorized by section 3108 of this title.

(d) In any case in which the Secretary has determined that a veteran has a serious employment handicap and also determines, following such initial and any such extended evaluation, that achievement of a vocational goal currently is not reasonably feasible, the

Secretary shall determine whether the veteran is capable of participating in a program of independent living services and assistance

under section 3120 of this title.

(e) The Secretary shall in all cases determine as expeditiously as

possible whether the achievement of a vocational goal by a veteran

currently is reasonably feasible. In the case of a veteran provided

extended evaluation under subsection (c) of this section (including
359 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. § 3107

any periods of extensions under section 3105(a) of this title), the

Secretary shall make such determination not later than the end of

such extended evaluation or period of extension, as the case may

be. In determining whether the achievement of a vocational goal

currently is reasonably feasible, the Secretary shall resolve any

reasonable doubt in favor of determining that such achievement

currently is reasonably feasible.

(f) In connection with each period of extended evaluation of a veteran and each rehabilitation program for a veteran who is determined to have a serious employment handicap, the Secretary shall

assign a Department of Veterans Affairs employee to be responsible

for the management and followup of the provision of all services

(including appropriate coordination of employment assistance

under section 3117 of this title) and assistance under this chapter

to such veteran.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2176, § 1506; amended P.L. 99–

576, § 333(b)(4), Oct. 28, 1986, 100 Stat. 3279; P.L. 101–237, § 423(b)(1), Dec. 18,

1989, 103 Stat. 2092; renumbered § 3106 and amended P.L. 102–83, § 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406; P.L. 103–446, § 1201(d)(9), Nov. 2, 1994, 108 Stat. 4684;

P.L. 104–275, § 101(f)(1), Oct. 9, 1996, 110 Stat. 3324.)

§ 3107. Individualized vocational rehabilitation plan

(a) The Secretary shall formulate an individualized written plan

of vocational rehabilitation for a veteran described in section

3106(b) of this title. Such plan shall be developed with such veteran and shall include, but not be limited to (1) a statement of

long-range rehabilitation goals for such veteran and intermediate

rehabilitation objectives related to achieving such goals, (2) a statement of the specific services (which shall include counseling in all

cases) and assistance to be provided under this chapter, (3) the projected date for the initiation and the anticipated duration of each

such service, and (4) objective criteria and an evaluation procedure

and schedule for determining whether such objectives and goals are

being achieved.

(b) The Secretary shall review at least annually the plan formulated under subsection (a) of this section for a veteran and shall afford such veteran the opportunity to participate in each such review. On the basis of such review, the Secretary shall (1) redevelop

such plan with such veteran if the Secretary determines, under

regulations which the Secretary shall prescribe, that redevelopment of such plan is appropriate, or (2) disapprove redevelopment

of such plan if the Secretary determines, under such regulations,

that redevelopment of such plan is not appropriate.

(c)(1) Each veteran for whom a plan has been developed or redeveloped under subsection (a) or (b)(1), respectively, of this section

or in whose case redevelopment of a plan has been disapproved

under subsection (b)(2) of this section, shall be informed of such

veteran’s opportunity for a review as provided in paragraph (2) of

this subsection.

(2) In any case in which a veteran does not agree to such plan

as proposed, to such plan as redeveloped, or to the disapproval of

redevelopment of such plan, such veteran may submit to the person

described in section 3106(f) of this title a written statement containing such veteran’s objections and request a review of such plan
§ 3107 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. 360

as proposed or redeveloped, or a review of the disapproval of redevelopment of such plan, as the case may be.

(3) The Secretary shall review the statement submitted under

paragraph (2) of this subsection and the plan as proposed or as redeveloped, and, if applicable, the disapproval of redevelopment of

the plan, and render a decision on such review not later than ninety days after the date on which such veteran submits such statement, unless the case is one for which a longer period for review,

not to exceed 150 days after such veteran submits such statement,

is allowed under regulations prescribed by the Secretary, in which

case the Secretary shall render a decision no later than the last

day of the period prescribed in such regulations.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2177, § 1507; amended P.L.

101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3107 and

amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 104–275,

§ 101(f)(2)(A), Oct. 9, 1996, 110 Stat. 3325.)

§ 3108. Allowances

(a)(1) Except in the case of a veteran who makes an election

under subsection (f) of this section and subject to the provisions of

paragraph (3) of this subsection, each veteran shall be paid a subsistence allowance in accordance with this section during a period

determined by the Secretary to be a period of such veteran’s participation under this chapter in a rehabilitation program.

(2) In any case in which the Secretary determines, at the conclusion of such veteran’s pursuit of a vocational rehabilitation program under this chapter, that such veteran has been rehabilitated

to the point of employability, such veteran shall be paid a subsistence allowance, as prescribed in this section for full-time training

for the type of program that the veteran was pursuing, for two

months while satisfactorily following a program of employment

services provided under section 3104(a)(5) of this title.

(3) A subsistence allowance may not be paid under this chapter

to a veteran for any period during which such veteran is being provided with an initial evaluation under section 3106(a) of this title

or during which such veteran is being provided only with counseling or with placement or postplacement services under section

3105(b) of this title.

(b)(1) Except as otherwise provided in this section, the Secretary

shall determine the subsistence allowance to be paid to a veteran

under this chapter in accordance with the following table, which

shall be the monthly amount shown in column II, III, IV, or V

(whichever is applicable as determined by the veteran’s dependency

status) opposite the appropriate type of program being pursued as

specified in column I:

Column I Column II Column III Column IV Column V

Type of program No dependents

One dependentTwo dependents More than two dependents

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

Institutional training:

Full-time ..................... $366 $454 $535 $39

Three-quarter-time ..... 275 341 400 30

Half-time .................... 184 228 268 20
361 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. § 3108

Column I Column II Column III Column IV Column V

Type of program No dependents

One dependentTwo dependents More than two dependents

Farm cooperative, apprentice, or other onjob training:

Full-time ..................... 320 387 446 29

Extended evaluation:

Full-time ..................... 366 454 535 39

Independent living training:

Full-time ..................... 366 454 535 39

Three-quarter-time ..... 275 341 400 30

Half-time .................... 184 228 268 20

(2) With respect to the fiscal year beginning on October 1, 1994,

the Secretary shall provide a percentage increase in the monthly

rates payable under paragraph (1) of this subsection equal to the

percentage by which the Consumer Price Index (all items, United

States city average published by the Bureau of Labor Statistics) for

the 12-month period ending June 30, 1994, exceeds such Consumer

Price Index for the 12-month period ending June 30, 1993.

(3) With respect to any fiscal year beginning on or after

October 1, 1995, the Secretary shall continue to pay, in lieu of the

rates payable under paragraph (1) of this subsection, the monthly

rates payable under this subsection for the previous fiscal year and

shall provide, for any such fiscal year, a percentage increase in

such rates equal to the percentage by which—

(A) the Consumer Price Index (all items, United States city

average) for the 12-month period ending on June 30 preceding

the beginning of the fiscal year for which the increase is made,

exceeds

(B) such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).

(c)(1) In any case in which the vocational rehabilitation program

for a veteran includes training on the job by an employer in any

month, such employer shall be required to submit to the Secretary

a statement in writing showing any wage, compensation, or other

income paid (directly or indirectly) by the employer to such veteran

for such month. Based upon such written statement, the Secretary

is authorized to reduce the subsistence allowance of such veteran

to an amount considered equitable and just in accordance with criteria which the Secretary shall establish in regulations which the

Secretary shall prescribe.

(2) A veteran pursuing on-job training or work experience as part

of a vocational rehabilitation program in a Federal, State, or local

government agency or federally recognized Indian tribe under the

provisions of section 3115(a)(1) of this title without pay or for nominal pay shall be paid the appropriate subsistence allowance rate

provided in subsection (b) of this section for an institutional

program.

(d)(1) The Secretary shall, in accordance with regulations which

the Secretary shall prescribe, define full-time and each part-time

status for veterans participating in rehabilitation programs under

this chapter.
§ 3108 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. 362

(2) A veteran participating in extended evaluation on less than

a full-time basis may be paid a proportional subsistence allowance

in accordance with regulations which the Secretary shall prescribe.

(e) In any case in which a veteran is pursuing a rehabilitation

program on a residential basis in a specialized rehabilitation facility, the Secretary may (1) pay to such facility the cost of such veteran’s room and board in lieu of payment to such veteran of the

subsistence allowance (not including any portion payable for any

dependents) payable under subsection (b) of this section, and (2)

pay to such veteran that portion of the allowance for dependents

payable, as determined by such veteran’s dependency status, under

subsection (b) of this section for a full-time institutional program.

(f)(1)(A) In any case in which the Secretary determines that a

veteran is eligible for and entitled to rehabilitation under this

chapter, to the extent that such veteran has remaining eligibility

for and entitlement to educational assistance benefits under chapter 30 of this title, such veteran may elect, as part of a vocational

rehabilitation program under this chapter, to pursue an approved

program of education and receive allowances and other forms of assistance equivalent to those authorized for veterans enrolled under

chapter 30 of this title, if the Secretary approves the educational,

professional, or vocational objective chosen by such veteran for

such program.

(B) In the event that such veteran makes such an election, the

terms and conditions applicable to the pursuit of a comparable program of education and the payment of allowances and provision of

assistance under chapter 30 of this title for such a comparable program shall be applied to the pursuit of the approved program of

education under this chapter.

(2) A veteran who is receiving an allowance pursuant to paragraph (1) of this subsection may not receive any of the services or

assistance described in section 3104(a)(3), (7), and (8) of this title

(other than an allowance and other assistance under this subsection).

(g)(1) Notwithstanding any other provision of this title and subject to the provisions of paragraph (2) of this subsection, no subsistence allowance may be paid under this section in the case of any

veteran who is pursuing a rehabilitation program under this chapter while incarcerated in a Federal, State, or local penal institution

for conviction of a felony.

(2) Paragraph (1) of this subsection shall not apply in the case

of any veteran who is pursuing a rehabilitation program under this

chapter while residing in a halfway house or participating in a

work-release program in connection with such veteran’s conviction

of a felony.

(h) Notwithstanding any other provision of this title, the amount

of subsistence allowance, or other allowance under subsection (f) of

this section, that may be paid to a veteran pursuing a rehabilitation program for any month for which such veteran receives compensation at the rate prescribed in section 1114(j) of this title as

the result of hospital treatment (not including post-hospital convalescence) or observation at the expense of the Department of Veterans Affairs may not exceed, when added to any compensation to
363 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. § 3111

which such veteran is entitled for such month, an amount equal to

the greater of— (1) the sum of— (A) the amount of monthly subsistence or other allowance that would otherwise be paid to such veteran under

this section, and

(B) the amount of monthly compensation that would be

paid to such veteran if such veteran were not receiving

compensation at such rate as the result of such hospital

treatment or observation; or

(2) the amount of monthly compensation payable under section 1114(j) of this title.

(i) Payment of a subsistence allowance may be made in advance

in accordance with the provisions of section 3680(d) of this title.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2178, § 1508; amended P.L. 97– 306, § 205(a), Oct. 14, 1982, 96 Stat. 1434; P.L. 98–525, § 703(a), Oct. 19, 1984, 98

Stat. 2564; P.L. 98–543, § 201, Oct. 24, 1984, 98 Stat. 2740; P.L. 101–237, §§ 402(a),

423(b)(1), Dec. 18, 1989, 103 Stat. 2078, 2092; P.L. 102–16, § 3(c), Mar. 22, 1991,

105 Stat. 49; renumbered § 3108 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406; P.L. 102–568, § 405(a), (b), Oct. 29, 1992, 106 Stat. 4338, 4339;

P.L. 103–446, § 602(b), Nov. 2, 1994, 108 Stat. 4671; P.L. 104–275, § 101(g), Oct. 9,

1996, 110 Stat. 3325.)

§ 3109. Entitlement to independent living services and assistance

In any case in which the Secretary has determined under section

3106(f) of this title that the achievement of a vocational goal by a

veteran currently is not reasonably feasible, such veteran shall be

entitled, in accordance with the provisions of section 3120 of this

title, to a program of independent living services and assistance designed to enable such veteran to achieve maximum independence

in daily living.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2181, § 1509; amended P.L. 99– 576, § 333(b)(5), Oct. 28, 1986, 100 Stat. 3279; P.L. 101–237, § 423(b)(1)(A), Dec. 18,

1989, 103 Stat. 2092; renumbered § 3109 and amended P.L. 102–83, § 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406; P.L. 104–275, § 101(f)(2)(B), Oct. 9, 1996, 110 Stat.

3325.)

§ 3110. Leaves of absence

The Secretary shall prescribe such regulations as the Secretary

determines necessary for granting leaves of absence to veterans

pursuing rehabilitation programs under this chapter. During authorized leaves of absence, a veteran shall be considered to be pursuing such program.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2181, § 1510; amended P.L.

101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3110, P.L. 102– 83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3111. Regulations to promote satisfactory conduct and cooperation

The Secretary shall prescribe such rules and regulations as the

Secretary determines necessary to promote satisfactory conduct

and cooperation on the part of veterans who are pursuing rehabilitation programs under this chapter. In any case in which the Secretary determines that a veteran has failed to maintain satisfactory

conduct or cooperation, the Secretary may, after determining that
§ 3111 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. 364

all reasonable counseling efforts have been made and are not reasonably likely to be effective, discontinue services and assistance

unless the Secretary determines that mitigating circumstances

exist. In any case in which such services and assistance have been

discontinued, the Secretary may reinstitute such services and assistance only if the Secretary determines that—

(1) the cause of the unsatisfactory conduct or cooperation of

such veteran has been removed; and

(2) the rehabilitation program which such veteran proposes

to pursue (whether the same or revised) is suitable to such veteran’s abilities, aptitudes, and interests.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2181, § 1511; amended P.L.

101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3111, P.L. 102–

83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3112. Revolving fund loans

The revolving fund established pursuant to part VII of Veterans

Regulation Numbered 1(a) is continued in effect, and may be used

by the Secretary, under regulations prescribed by the Secretary, for

making advances, not in excess of twice the amount of the full-time

institutional monthly subsistence allowance for a veteran with no

dependents (as provided in section 3108(b) of this title) to veterans

pursuing rehabilitation programs under this chapter. Such advances, and advances from such fund made before the effective

date of the Veterans’ Rehabilitation and Education Amendments of

1980, shall bear no interest and shall be repaid in such installments, as may be determined by the Secretary, by proper deductions from future payments of compensation, pension, subsistence

allowance, educational assistance allowance, or retirement pay.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2181, § 1512; amended P.L.

101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3112 and

amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 3113. Vocational rehabilitation for hospitalized members

of the Armed Forces and veterans

(a) Services and assistance may be provided under this chapter

to a person described in subparagraphs (A)(ii) and (B) of section

3102(1) of this title who is hospitalized pending discharge from active military, naval, or air service. In such cases, no subsistence allowance shall be paid.

(b) Services and assistance may be provided under this chapter

to a veteran who is receiving care in a Department of Veterans Affairs hospital, nursing home, or domiciliary facility or in any other

hospital or medical facility.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2181, § 1513; amended P.L.

101–237, § 423(b)(1)(B), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3113 and

amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 103–446,

§ 1201(d)(10), Nov. 2, 1994, 108 Stat. 4684.)

§ 3114. Vocational rehabilitation outside the United States

Under regulations which the Secretary shall prescribe, a vocational rehabilitation program under this chapter may be provided

outside the United States if the Secretary determines that such

training is (1) necessary in the particular case to provide the prepa-
365 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. § 3115

ration needed to render a veteran employable and enable such veteran to obtain and retain suitable employment, and (2) in the best

interest of such veteran and the Federal Government.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2182, § 1514; amended P.L.

101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3114, P.L. 102–

83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3115. Rehabilitation resources

(a) Notwithstanding any other provision of law, for the purpose

of providing services under this chapter, the Secretary may—

(1) use the facilities of any Federal agency (including the Department of Veterans Affairs), of any State or local government

agency receiving Federal financial assistance, or of any federally recognized Indian tribe, to provide training or work experience as part or all of a veteran’s vocational rehabilitation program without pay or for nominal pay in any case in which the

Secretary determines that such training or work experience is

necessary to accomplish such veteran’s rehabilitation;

(2) use the facilities, staff, and other resources of the Department of Veterans Affairs;

(3) employ such additional personnel and experts as the Secretary considers necessary; and

(4) use the facilities and services of any Federal, State, or

other public agency, any agency maintained by joint Federal

and State contributions, any federally recognized Indian tribe,

any public or private institution or establishment, and any private individual.

(b)(1) While pursuing on-job training or work experience under

subsection (a)(1) of this section at a Federal agency, a veteran shall

be considered to be an employee of the United States for the purposes of the benefits of chapter 81 of title 5, but not for the purposes of laws administered by the Office of Personnel Management.

(2) Except as provided in chapter 17 of this title, hospital care

and medical services provided under this chapter shall be furnished

in facilities over which the Secretary has direct jurisdiction.

(3) Use of the facilities of a State or local government agency

under subsection (a)(1) of this section or use of facilities and services under subsection (a)(4) of this section, shall be procured

through contract, agreement, or other cooperative arrangement.

(4) The Secretary shall prescribe regulations providing for the

monitoring of training and work experiences provided under such

subsection (a)(1) at State or local government agencies and otherwise ensuring that such training or work experience is in the best

interest of the veteran and the Federal Government.

(c) For purposes of this section, the term ‘‘federally recognized Indian tribe’’ means any Indian tribe, band, nation, pueblo, or other

organized group or community, including any Alaska Native village

or regional corporation as defined in or established pursuant to the

Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United

States to Indians because of their status as Indians.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2182, § 1515; amended P.L.

100–689, § 201, Nov. 18, 1988, 102 Stat. 4175; P.L. 101–237, § 423(b)(1), Dec. 18,
§ 3115 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. 366

1989, 103 Stat. 2092; renumbered § 3115, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat.

406; amended P.L. 103–446, § 602(a), Nov. 2, 1994, 108 Stat. 4671.)

§ 3116. Promotion of employment and training opportunities

(a) The Secretary shall actively promote the development and establishment of employment, training, and other related opportunities for (1) veterans who are participating or who have participated

in a rehabilitation program under this chapter, (2) veterans with

service-connected disabilities, and (3) other veterans to whom the

employment emphases set forth in chapter 42 of this title apply.

The Secretary shall promote the development and establishment of

such opportunities through Department of Veterans Affairs staff

outreach efforts to employers and through Department of Veterans

Affairs coordination with Federal, State, and local governmental

agencies and appropriate nongovernmental organizations. In carrying out the provisions of this subsection with respect to veterans

referred to in clause (3) of the first sentence of this subsection, the

Secretary shall place particular emphasis on the needs of categories of such veterans on the basis of applicable rates of unemployment.

(b)(1) The Secretary, pursuant to regulations prescribed in accordance with paragraph (3) of this subsection, may make payments to employers for providing on-job training to veterans who

have been rehabilitated to the point of employability in individual

cases in which the Secretary determines that such payment is necessary to obtain needed on-job training or to begin employment.

Such payments may not exceed the direct expenses incurred by

such employers in providing such on-job training or employment

opportunity.

(2) In any case in which a veteran described in paragraph (1) of

this subsection participates in on-job training described in such

paragraph that satisfies the criteria for payment of a training assistance allowance under section 3687 of this title, such veteran

shall, to the extent that such veteran has remaining eligibility for

and entitlement to such allowance, be paid such allowance.

(3) The Secretary shall prescribe regulations under this subsection in consultation with the Secretary of Labor and, in prescribing such regulations, shall take into consideration the provisions of title V of the Rehabilitation Act of 1973 (29 U.S.C. ch. 16,

subch. V) and section 4212 of this title, and regulations prescribed

under such provisions.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2182, § 1516; amended P.L.

101–237, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3116 and amended

P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 3117. Employment assistance

(a)(1) A veteran with a service-connected disability rated at 10

percent or more who has participated in a vocational rehabilitation

program under this chapter or a similar program under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and who the Secretary

has determined to be employable shall be furnished assistance in

obtaining employment consistent with such veteran’s abilities, aptitudes, interests, and employment handicap, including assistance

necessary to insure that such veteran receives the benefit of any
367 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. § 3118

applicable provisions of law or regulation providing for special consideration or emphasis or preference for such veteran in employment or training.

(2) Assistance provided under this subsection may include—

(A) direct placement of such veteran in employment;

(B) utilization of the services of disabled veterans outreach

program specialists under section 4103A of this title; and

(C) utilization of the job development and placement services

of (i) programs under the Rehabilitation Act of 1973, (ii) the

State employment service and the Veterans’ Employment Service of the Department of Labor, (iii) the Office of Personnel

Management, (iv) any other public or nonprofit organization

having placement services available, and (v) any for-profit entity in a case in which the Secretary has determined that services necessary to provide such assistance are available from

such entity and that comparably effective services are not

available, or cannot be obtained cost-effectively, from the entities described in subclauses (i) through (iv) of this clause.

(b)(1) In any case in which a veteran has completed a vocational

rehabilitation program for self-employment in a small business enterprise under this chapter, the Secretary shall assist such veteran

in securing, as appropriate, a loan under subchapter IV of chapter

37 of this title and shall cooperate with the Small Business Administration to assist such veteran to secure a loan for the purchase

of equipment needed to establish such veteran’s own business and

to insure that such veteran receives the special consideration provided for in section 8 of the Small Business Act (15 U.S.C. 633(b)).

(2) In the case of a veteran described in clause (12) of section

3104(a) of this title who has trained under a State rehabilitation

program with the objective of self-employment in a small business

enterprise, the Secretary may, subject to the limitations and criteria provided for in such clause, provide such veteran with such

supplementary equipment and initial stocks and supplies as are determined to be needed by such veteran if such supplementary

equipment and initial stocks and supplies, or assistance in acquiring them, are not available through the State program or other

sources.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2183, § 1517; amended P.L. 97–

72, § 303(k), Nov. 3, 1981, 95 Stat. 1060; P.L. 100–689, § 202(a), Nov. 18, 1988, 102

Stat. 4175; P.L. 101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; P.L. 102–54,

§ 14(c)(4), June 13, 1991, 105 Stat. 285; renumbered § 3117 and amended P.L. 102–

83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 104–275, § 101(h), Oct. 9, 1996,

110 Stat. 3325.)

§ 3118. Personnel training, development, and qualifications

(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
§ 3118 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. 368

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 P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2184, § 1518; amended P.L.

101–237, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3118 and amended

P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 104–275, § 101(f)(2)(C),

Oct. 9, 1996, 110 Stat. 3325.)

§ 3119. Rehabilitation research and special projects

(a) The Secretary shall carry out an ongoing program of activities

for the purpose of advancing the knowledge, methods, techniques,

and resources available for use in rehabilitation programs for veterans. For this purpose, the Secretary shall conduct and provide

support for the development or conduct, or both the development

and conduct, of—

(1) studies and research concerning the psychological, educational, employment, social, vocational, industrial, and economic aspects of the rehabilitation of disabled veterans, including new methods of rehabilitation; and

(2) projects which are designed to increase the resources and

potential for accomplishing the rehabilitation of disabled veterans.

(b) For the purpose specified in subsection (a) of this section, the

Secretary is authorized to make grants to or contract with public

or nonprofit agencies, including institutions of higher learning.

(c) The Secretary shall cooperate with the Commissioner of the

Rehabilitation Services Administration and the Director of the Institute of Handicapped Research in the Department of Education,

the Assistant Secretary for Veterans’ Employment in the Department of Labor, and the Secretary of Health and Human Services

regarding rehabilitation studies, research, and special projects of

mutual programmatic concern.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2184, § 1519; amended P.L.

101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3119, P.L. 102–

83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3120. Program of independent living services and assistance

(a) The Secretary may, under contracts with entities described in

subsection (f) of this section, or through facilities of the Veterans

Health Administration, which possess a demonstrated capability to
369 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. § 3121

conduct programs of independent living services for severely handicapped persons, provide, under regulations which the Secretary

shall prescribe, programs of independent living services and assistance under this chapter, in various geographic regions of the

United States, to veterans described in subsection (b) of this section.

(b) A program of independent living services and assistance may

be made available under this section only to a veteran who has a

serious employment handicap resulting in substantial part from a

service-connected disability described in section 3102(1)(A)(i) of this

title and with respect to whom it is determined under section

3106(d) or (e) of this title that the achievement of a vocational goal

currently is not reasonably feasible.

(c) The Secretary shall, to the maximum extent feasible, include

among those veterans who are provided with programs of independent living services and assistance under this section substantial numbers of veterans described in subsection (b) of this section

who are receiving long-term care in Department of Veterans Affairs

hospitals and nursing homes and in nursing homes with which the

Secretary contracts for the provision of care to veterans.

(d) A program of independent living services and assistance for

a veteran shall consist of such services described in section 3104(a)

of this title as the Secretary determines necessary to enable such

veteran to achieve maximum independence in daily living. Such

veteran shall have the same rights with respect to an individualized written plan of services and assistance as are afforded veterans under section 3107 of this title.

(e) Programs of independent living services and assistance shall

be initiated for no more than 2,500 veterans in each fiscal year,

and the first priority in the provision of such programs shall be afforded to veterans for whom the reasonable feasibility of achieving

a vocational goal is precluded solely as a result of a service-connected disability.

(f) Entities described in this subsection are (1) public or nonprofit

agencies or organizations, and (2) for-profit entities in cases in

which the Secretary determines that services comparable in effectiveness to services available from such an entity are not available,

or cannot be obtained cost-effectively from, public or nonprofit

agencies or through facilities of the Veterans Health Administration.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2185, § 1520; amended P.L. 99–

576, § 333(a), (b)(6), (c), Oct. 28, 1986, 100 Stat. 3279; P.L. 100–689, § 202(b), Nov.

18, 1988, 102 Stat. 4176; P.L. 101–237, §§ 404, 423(b)(1), Dec. 18, 1989, 103 Stat.

2080, 2092; renumbered § 3120 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406; P.L. 103–446, § 1201(b)(1), (d)(11), Nov. 2, 1994, 108 Stat. 4682, 4684;

P.L. 104–275, § 101(f)(2)(D), (i), Oct. 9, 1996, 110 Stat. 3325; P.L. 107–103, § 508(a),

Dec. 27, 2001, 115 Stat. 997.)

§ 3121. Veterans’ Advisory Committee on Rehabilitation

(a)(1) The Secretary shall appoint an advisory committee to be

known as the Veterans’ Advisory Committee on Rehabilitation

(hereinafter in this section referred to as the ‘‘Committee’’).

(2) The members of the Committee shall be appointed by the Secretary from the general public and shall serve for terms to be determined by the Secretary not to exceed three years. Veterans with
§ 3121 CH. 31—TRAIN./REHAB. FOR VETS WITH SERV.–CON. DIS. 370

service-connected disabilities shall be appropriately represented in

the membership of the Committee, and the Committee shall also

include persons who have distinguished themselves in the public

and private sectors in the fields of rehabilitation medicine, vocational guidance, vocational rehabilitation, and employment and

training programs. The Secretary may designate one of the members of the Committee appointed under this paragraph to chair the

Committee.

Committee shall also include as ex officio members the following:

(A) one representative from the Veterans Health Administration

and one from the Veterans Benefits Administration, (B) one representative from the Rehabilitation Services Administration of the

Department of Education and one from the National Institute for

Handicapped Research of the Department of Education, and (C)

one representative of the Assistant Secretary of Labor for Veterans’

Employment and Training of the Department of Labor.

(b) The Secretary shall, on a regular basis, consult with and seek

the advice of the Committee with respect to the administration of

veterans’ rehabilitation programs under this title.

(c) The Committee shall submit to the Secretary an annual report on the rehabilitation programs and activities of the Department of Veterans Affairs and shall submit such other reports and

recommendations to the Secretary as the Committee determines

appropriate. The annual report shall include an assessment of the

rehabilitation needs of veterans and a review of the programs and

activities of the Department of Veterans Affairs designed to meet

such needs. The Secretary shall submit with each annual report

submitted to the Congress pursuant to section 529 of this title a

copy of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary was submitted to the Congress pursuant to such section.

(Added P.L. 96–466, § 101(a), Oct. 17, 1980, 94 Stat. 2186, § 1521; amended P.L.

101–237, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; P.L. 102–54, § 14(c)(5), June 13,

1991, 105 Stat. 285; renumbered § 3121 and amended P.L. 102–83, §§ 2(c)(3), 5(a),

Aug. 6, 1991, 105 Stat. 402, 406; P.L. 103–446, § 1201(b)(1), (i)(5), Nov. 2, 1994, 108

Stat. 4682, 4688.)
(371)

CHAPTER 32—POST–VIETNAM ERA VETERANS’

EDUCATIONAL ASSISTANCE

SUBCHAPTER I—PURPOSE; DEFINITIONS

Sec.

3201. Purpose.

3202. Definitions.

SUBCHAPTER II—ELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND

3221. Eligibility.

3222. Contributions; matching fund.

3223. Refunds of contributions upon disenrollment.

3224. Death of participant.

3225. Discharge or release under conditions which would bar the use of benefits.

SUBCHAPTER III—ENTITLEMENT; DURATION

3231. Entitlement; loan eligibility.

3232. Duration; limitations.

3233. Apprenticeship or other on-job training.

3234. Tutorial assistance.

SUBCHAPTER IV—ADMINISTRATION

3241. Requirements.

3242. [Repealed.]

3243. Deposits; reports.

SUBCHAPTER I—PURPOSE; DEFINITIONS

§ 3201. Purpose

It is the purpose of this chapter (1) to provide educational assistance to those men and women who enter the Armed Forces after

December 31, 1976, and before July 1, 1985, (2) to assist young

men and women in obtaining an education they might not otherwise be able to afford, and (3) to promote and assist the all volunteer military program of the United States by attracting qualified

men and women to serve in the Armed Forces.

(Added P.L. 94–502, § 404, Oct. 15, 1976, 90 Stat. 2393, § 1601; amended P.L. 99–

576, § 309(a)(1), Oct. 28, 1986, 100 Stat. 3270; renumbered § 3201, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3202. Definitions

For the purposes of this chapter—

(1)(A) The term ‘‘eligible veteran’’ means any veteran who is not

eligible for educational assistance under chapter 34 of this title and

who (i) entered military service on or after January 1, 1977, and

before July 1, 1985, served on active duty for a period of more than

180 days commencing on or after January 1, 1977, and was discharged or released therefrom under conditions other than dishonorable, or (ii) entered military service on or after January 1, 1977,

and before July 1, 1985, and was discharged or released from active duty after January 1, 1977, for a service-connected disability.
§ 3202 CH. 32—POST–VIETNAM ERA ED. ASST. 372

(B) The requirement of discharge or release, prescribed in subparagraph (A), shall be waived in the case of any participant who

has completed their first obligated period of active duty (which

began after December 31, 1976) or 6 years of active duty (which

began after December 31, 1976), whichever period is less.

(C) For the purposes of subparagraphs (A) and (B), the term ‘‘active duty’’ does not include any period during which an individual

(i) 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, (ii) served as a cadet or

midshipman at one of the service academies, or (iii) served under

the provisions of section 511(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, Naval Reserve, Air

Force Reserve, Marine Corps Reserve, or Coast Guard Reserve.

(D)(i) The requirement of ineligibility for educational assistance

under chapter 34 of this title, prescribed in subparagraph (A), shall

be waived in the case of a veteran described in division (ii) of this

subparagraph who elects to receive benefits under this chapter instead of assistance under such chapter 34. A veteran who makes

such an election shall be ineligible for assistance under such chapter. Such an election is irrevocable.

(ii) A veteran referred to in division (i) of this subparagraph is

a veteran who before January 1, 1977, performed military service

described in subparagraph (C)(iii), is entitled under section

3452(a)(3)(C) of this title to have such service considered to be ‘‘active duty’’ for the purposes of chapter 34 of this title, and is eligible

for assistance under such chapter only by reason of having such

service considered to be active duty.

(2) The terms ‘‘program of education’’—

(A) has the meaning given such term in section 3452(b) of

this title, and

(B) includes (i) a full-time program of apprenticeship or other

on-job training approved as provided in clause (1) or (2), as appropriate, of section 3687(a) of this title, and (ii) in the case of

an individual who is not serving on active duty, a cooperative

program (as defined in section 3482(a)(2) of this title).

(3) The term ‘‘participant’’ is a person who is participating in the

educational benefits program established under this chapter.

(4) The term ‘‘educational institution’’ has the meaning given

such term in section 3452(c) of this title.

(5) The term ‘‘training establishment’’ has the meaning given

such term in section 3452(e) of this title.

(Added P.L. 94–502, § 404, Oct. 15, 1976, 90 Stat. 2394, § 1602; amended P.L. 96–

466, § 401, Oct. 17, 1980, 94 Stat. 2201; P.L. 98–223, § 203(a), Mar. 2, 1984, 98 Stat.

41; P.L. 99–576, §§ 309(a)(2), 310(a), Oct. 28, 1986, 100 Stat. 3270, 3271; P.L. 100–

689, § 108(b)(1), Nov. 18, 1988, 102 Stat. 4169; P.L. 102–54, § 14(c)(6), June 13,

1991, 105 Stat. 285; renumbered § 3202 and amended P.L. 102–83, § 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406.)
373 CH. 32—POST–VIETNAM ERA ED. ASST. § 3222

SUBCHAPTER II—ELIGIBILITY; CONTRIBUTIONS; AND

MATCHING FUND

§ 3221. Eligibility

(a) Each person entering military service on or after January 1,

1977, and before July 1, 1985, shall have the right to enroll in the

educational benefits program provided by this chapter (hereinafter

in this chapter referred to as the ‘‘program’’ except where the text

indicates otherwise) at any time during such person’s service on active duty before July 1, 1985. When a person elects to enroll in the

program, such person must participate for at least 12 consecutive

months before disenrolling or suspending participation.

(b) The requirement for 12 consecutive months of participation

required by subsection (a) of this section shall not apply when (1)

the participant suspends participation or disenrolls from the program because of personal hardship as defined in regulations issued

jointly by the Secretary and the Secretary of Defense, or (2) the

participant is discharged or released from active duty.

(c) A participant shall be permitted to suspend participation or

disenroll from the program at the end of any 12-consecutive-month

period of participation. If participation is suspended, the participant shall be eligible to make additional contributions to the program under such terms and conditions as shall be prescribed by

regulations issued jointly by the Secretary and the Secretary of Defense.

(d) If a participant disenrolls from the program, such participant

forfeits any entitlement to benefits under the program except as

provided in subsection (e) of this section. A participant who

disenrolls from the program is eligible for a refund of such participant’s contributions as provided in section 3223 of this title.

(e) A participant who has disenrolled may be permitted to reenroll in the program under such conditions as shall be prescribed

jointly by the Secretary and the Secretary of Defense.

(f) An individual who serves in the Selected Reserve may not receive credit for such service under both the program established by

this chapter and the program established by chapter 106 of title 10

but shall elect (in such form and manner as the Secretary of Veterans Affairs may prescribe) the program to which such service is

to be credited.

(Added P.L. 94–502, § 404, Oct. 15, 1976, 90 Stat. 2394, § 1621; amended P.L. 99–

576, § 309(a)(3), Oct. 28, 1986, 100 Stat. 3270; P.L. 101–237, §§ 410, 423(b)(1)(A),

(4)(A), (6), Dec. 18, 1989, 103 Stat. 2084, 2092, 2093; renumbered § 3221 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 3222. Contributions; matching fund

(a) Except as provided in subsections (c) and (d) of this section,

each person electing to participate in the program shall agree to

have a monthly deduction made from such person’s military pay.

Such monthly deduction shall be in any amount not less than $25

nor more than $100 except that the amount must be divisible by

5. Any such amount contributed by the participant or contributed

by the Secretary of Defense pursuant to subsection (c) of this section shall be deposited in a deposit fund account entitled the ‘‘PostVietnam Era Veterans Education Account’’ (hereinafter in this
§ 3222 CH. 32—POST–VIETNAM ERA ED. ASST. 374

chapter referred to as the ‘‘fund’’) to be established in the Treasury

of the United States. Contributions made by the participant shall

be limited to a maximum of $2,700.

(b) Except as otherwise provided in this chapter, each monthly

contribution made by a participant under subsection (a) shall entitle the participant to matching funds from the Department of Defense at the rate of $2 for each $1 contributed by the participant.

(c) The Secretary of Defense is authorized to contribute to the

fund of any participant such contributions as the Secretary of Defense deems necessary or appropriate to encourage persons to enter

or remain in the Armed Forces, including contributions in lieu of,

or to reduce the amount of, monthly deductions under subsection

(a) of this section. The Secretary of Defense is authorized to issue

such rules and regulations as the Secretary of Defense deems necessary or appropriate to implement the provisions of this subsection.

(d) Subject to the maximum contribution prescribed by subsection (a) of this section, a participant shall be permitted, while

serving on active duty, to make a lump-sum contribution to the

fund. A lump-sum contribution to the fund by a participant shall

be in addition to or in lieu of monthly deductions made from such

participant’s military pay and shall be considered, for the purposes

of paragraph (2) of section 3231(a) of this title, to have been made

by monthly deductions from such participant’s military pay in the

amount of $100 per month or in such lesser amount as may be

specified by such participant pursuant to regulations issued jointly

by the Secretary of Defense and the Secretary.

(e) Any amount transferred to the Secretary from the Secretary

of a military department under an interagency agreement for the

administration by the Department of Veterans Affairs of an educational assistance program established by the Secretary of Defense under chapter 107 of title 10 may be deposited into and disbursed from the fund for the purposes of such program.

(Added P.L. 94–502, § 404, Oct. 15, 1976, 90 Stat. 2395, § 1622; amended P.L. 94–

502, § 408(b), Oct. 15, 1976, 90 Stat. 2398; P.L. 96–466, § 406, Oct. 17, 1980, 94 Stat.

2202; P.L. 97–306, §§ 209, 210, Oct. 14, 1982, 96 Stat. 1436; P.L. 98–160, § 702(6),

Nov. 21, 1983, 97 Stat. 1009; P.L. 101–237, § 423(b)(1), (4)(A), (B), (D), Dec. 18,

1989, 103 Stat. 2092; renumbered § 3222 and amended P.L. 102–83, § 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406.)

§ 3223. Refunds of contributions upon disenrollment

(a) Contributions made to the program by a participant may be

refunded only after the participant has disenrolled from the program or as provided in section 3224 of this title.

(b) If a participant disenrolls from the program prior to discharge

or release from active duty, such participant’s contributions will be

refunded on the date of the participant’s discharge or release from

active duty or within 60 days of receipt of notice by the Secretary

of the participant’s discharge or disenrollment, except that refunds

may be made earlier in instances of hardship or other good reason

as prescribed in regulations issued jointly by the Secretary and the

Secretary of Defense.

(c) If a participant disenrolls from the program after discharge or

release from active duty, the participant’s contributions shall be re-
375 CH. 32—POST–VIETNAM ERA ED. ASST. § 3231

funded within 60 days of receipt of an application for a refund from

the participant.

(d) In the event the participant (1) dies while on active duty, (2)

dies after discharge or release from active duty, or (3) disenrolls or

is disenrolled from the program without having utilized any entitlement, the participant may have accrued under the program, or, in

the event the participant utilizes part of such participant’s entitlement and disenrolls or is disenrolled from the program, the amount

contributed by the Secretary of Defense under the authority of section 3222(c) of this title remaining in the fund shall be refunded

to such Secretary.

(Added P.L. 94–502, § 404, Oct. 15, 1976, 90 Stat. 2395, § 1623; amended P.L. 98–

160, § 702(7), Nov. 21, 1983, 97 Stat. 1009; P.L. 101–237, § 423(b)(1)(A), (4)(A), (7),

Dec. 18, 1989, 103 Stat. 2092, 2093; renumbered § 3223 and amended P.L. 102–83,

§ 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 3224. Death of participant

In the event of a participant’s death, the amount of such participant’s unused contributions to the fund shall be paid to the living

person or persons first listed below:

(1) The beneficiary or beneficiaries designated by such participant under such participant’s Servicemembers’ Group Life

Insurance policy.

(2) The surviving spouse of the participant.

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

equal shares.

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

equal shares.

If there is no such person living, such amount shall be paid to such

participant’s estate.

(Added P.L. 94–502, § 404, Oct. 15, 1976, 90 Stat. 2395, § 1624; amended P.L. 96–

466, § 402, Oct. 17, 1980, 94 Stat. 2201; renumbered § 3224, P.L. 102–83, § 5(a), Aug.

6, 1991, 105 Stat. 406; P.L. 104–275, § 405(c)(2), Oct. 9, 1996, 110 Stat. 3340.)

§ 3225. Discharge or release under conditions which would

bar the use of benefits

If a participant in the program is discharged or released from active duty under dishonorable conditions, such participant is automatically disenrolled and any contributions made by such participant shall be refunded to such participant on the date of such participant’s discharge or release from active duty or within 60 days

from receipt of notice by the Secretary of such discharge or release,

whichever is later.

(Added P.L. 94–502, § 404, Oct. 15, 1976, 90 Stat. 2396, § 1625; amended P.L. 101–

237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3225, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

SUBCHAPTER III—ENTITLEMENT; DURATION

§ 3231. Entitlement; loan eligibility

(a)(1) Subject to the provisions of section 3695 of this title limiting the aggregate period for which any person may receive assistance under two or more programs of educational or vocational assistance administered by the Department of Veterans Affairs, a
§ 3231 CH. 32—POST–VIETNAM ERA ED. ASST. 376

participant shall be entitled to a maximum of 36 monthly benefit

payments (or their equivalent in the event of part-time benefits).

(2) Except as provided in paragraph (5)(E) of this subsection and

in subsection (e) of this section and section 3233 of this title and

subject to section 3241 of this title, the amount of the monthly payment to which any eligible veteran is entitled shall be ascertained

by (A) adding all contributions made to the fund by the eligible veteran, (B) multiplying the sum by 3, (C) adding all contributions

made to the fund for such veteran by the Secretary of Defense, and

(D) dividing the sum by the lesser of 36 or the number of months

in which contributions were made by such veteran.

(3) Payment of benefits under this chapter may be made only for

periods of time during which an eligible veteran is actually enrolled

in and pursuing an approved program of education and, except as

provided in paragraph (4), only after an eligible veteran has been

discharged or released from active duty.

(4) Payment of benefits under this chapter may be made after a

participant has completed their first obligated period of active duty

(which began after December 31, 1976), or 6 years of active duty

(which began after December 31, 1976), whichever period is less.

(5)(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—

(i) shall not be charged against the entitlement of any eligible veteran under this chapter; and

(ii) shall not be counted toward the aggregate period for

which section 3695 of this title limits an individual’s receipt of

assistance.

(B) The payment of an educational assistance allowance referred

to in subparagraph (A) of this paragraph is any payment of a

monthly benefit under this chapter to an eligible veteran for pursuit of a course or courses under this chapter if the Secretary finds

that the eligible veteran—

(i) in the case of a person not serving on active duty, 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

(ii) in the case of a person serving on active duty, had to discontinue such course pursuit as a result of being ordered to a

new duty location or assignment or to perform an increased

amount of work; and

(iii) 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) or (ii) 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)(iii) of this paragraph.
377 CH. 32—POST–VIETNAM ERA ED. ASST. § 3231

(D) The amount in the fund for each eligible veteran who received a payment of an educational assistance allowance described

in subparagraph (B) of this paragraph shall be restored to the

amount that would have been in the fund for the veteran if the

payment had not been made. For purposes of carrying out the previous sentence, the Secretary of Defense shall deposit into the fund,

on behalf of each such veteran, an amount equal to the entire

amount of the payment made to the veteran.

(E) In the case of a veteran who discontinues pursuit of a course

or courses as described in subparagraph (B) of this paragraph, the

formula for ascertaining the amount of the monthly payment to

which the veteran is entitled in paragraph (2) of this subsection

shall be implemented as if— (i) the payment made to the fund by the Secretary of Defense

under subparagraph (D) of this paragraph, and

(ii) any payment for a course or courses described in subparagraph (B) of this paragraph that was paid out of the fund,

had not been made or paid.

(b) Any enlisted member of the Armed Forces participating in the

program shall be eligible to enroll in a course, courses, or program

of education for the purpose of attaining a secondary school diploma (or an equivalency certificate), as authorized by section

3491(a) of this title, during the last six months of such member’s

first enlistment and at any time thereafter.

(c) When an eligible veteran is pursuing a program of education

under this chapter by correspondence, such eligible veteran’s entitlement shall be charged at the rate of 1 month’s entitlement for

each month of benefits paid to the eligible veteran (computed on

the basis of the formula provided in subsection (a)(2) of this section).

(d)(1) The amount of the monthly benefit payable to an individual pursuing a cooperative program under this chapter shall be

80 percent of the monthly benefit otherwise payable to such individual (computed on the basis of the formula provided in subsection

(a)(2) of this section).

(2) For each month that an individual is paid a monthly benefit

payable for pursuit of a cooperative program under this chapter,

the individual’s entitlement under this chapter shall be charged at

the rate 80 percent of a month.

(e)(1) Subject to the provisions of paragraph (2) of this subsection, the amount of the educational assistance benefits paid to

an eligible veteran who is pursuing a program of education under

this chapter while incarcerated in a Federal, State, or local penal

institution for conviction of a felony may not exceed the lesser of

(A) such amount as the Secretary determines, in accordance with

regulations which the Secretary shall prescribe, is necessary to

cover the cost of established charges for tuition and fees required

of similarly circumstanced nonveterans enrolled in the same program and the cost of necessary supplies, books, and equipment, or

(B) the applicable monthly benefit payment otherwise prescribed in

this section or section 3233 of this title. The amount of the educational assistance benefits payable to a veteran while so incarcerated shall be reduced to the extent that the tuition and fees of the

veteran for any course are paid under any Federal program (other
§ 3231 CH. 32—POST–VIETNAM ERA ED. ASST. 378

than a program administered by the Secretary) or under any State

or local program.

(2) Paragraph (1) of this subsection shall not apply in the case

of any veteran who is pursuing a program of education under this

chapter while residing in a halfway house or participating in a

work-release program in connection with such veteran’s conviction

of a felony.

(f)(1) Subject to subsection (a)(1) of this section, each individual

who is pursuing a program of education consisting exclusively of

flight training approved as meeting the requirements of section

3241(b) of this title shall be paid educational assistance under this

chapter in the amount equal to 60 percent of the established

charges for tuition and fees which similarly circumstanced nonveterans enrolled in the same flight course are required to pay.

(2) No payment may be paid under this chapter to an individual

for any month during which such individual is pursuing a program

of education consisting exclusively of flight training until the

Secretary has received from that individual and the institution providing such training a certification of the flight training received by

the individual during that month and the tuition and other fees

charged for that training.

(3) The entitlement of an eligible veteran pursuing a program of

education described in paragraph (1) of this subsection shall be

charged at the rate of one month for each amount of educational

assistance paid which is equal to the monthly benefit otherwise

payable to such veteran (computed on the basis of the formula provided in subsection (a)(2) of this section).

(4) The number of solo flying hours for which an individual may

be paid an educational assistance allowance under this subsection

may not exceed the minimum number of solo flying hours required

by the Federal Aviation Administration for the flight rating or certification which is the goal of the individual’s flight training.

(Added P.L. 94–502, § 404, Oct. 15, 1976, 90 Stat. 2396, § 1631; amended P.L. 96–

466, §§ 403, 404, Oct. 17, 1980, 94 Stat. 2201; P.L. 97–35, §§ 2003(a)(1), 2005(a),

Aug. 13, 1981, 95 Stat. 782; P.L. 99–576, § 310(b)(1), Oct. 28, 1986, 100 Stat. 3271;

P.L. 100–689, §§ 108(b)(2), 122, Nov. 18, 1988, 102 Stat. 4170, 4174; P.L. 101–237,

§ 423(b)(1), (4)(A), Dec. 18, 1989, 103 Stat. 2092; P.L. 102–16, § 7(b), Mar. 22, 1991,

105 Stat. 51; renumbered § 3231 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406; P.L. 102–127, § 2(b), Oct. 10, 1991, 105 Stat. 619; P.L. 102–

568, § 310(c), Oct. 29, 1992, 106 Stat. 4330; P.L. 104–275, § 105(b), Oct. 9, 1996, 110

Stat. 3327; P.L. 105–368, § 1005(b)(7), Nov. 11, 1998, 112 Stat. 3365; P.L. 107–103,

§ 103(a), (d), Dec. 27, 2001, 115 Stat. 979.)

§ 3232. Duration; limitations

(a)(1) Except as provided in paragraphs (2) and (3), and subject

to paragraph (4), of this subsection, educational assistance benefits

shall not be afforded an eligible veteran under this chapter more

than 10 years after the date of such veteran’s last discharge or release from active duty.

(2)(A) If any eligible veteran was prevented from initiating or

completing such veteran’s chosen program of education during the

delimiting period determined under paragraph (1) of this subsection because of a physical or mental disability which was not the

result of such veteran’s own willful misconduct, such veteran shall,

upon application made in accordance with subparagraph (B) of this
379 CH. 32—POST–VIETNAM ERA ED. ASST. § 3232

paragraph, be granted an extension of the applicable delimiting period for such length of time as the Secretary determines, from the

evidence, that such veteran was so prevented from initiating or

completing such program of education.

(B) An extension of the delimiting period applicable to an eligible

veteran may be granted under subparagraph (A) of this paragraph

by reason of the veteran’s mental or physical disability only if the

veteran submits an application for such extension to the Secretary

within one year after (i) the last date of the delimiting period otherwise applicable to the veteran under paragraph (1) of this subsection, or (ii) the termination date of the period of the veteran’s

mental or physical disability, whichever is later.

(3) When an extension of the applicable delimiting period is

granted an eligible veteran under paragraph (2) of this subsection,

the delimiting period with respect to such veteran shall again begin

to run on the first day after such veteran’s recovery from such disability on which it is reasonably feasible, as determined in accordance with regulations prescribed by the Secretary, for such veteran

to initiate or resume pursuit of a program of education with educational assistance under this chapter.

(4) For purposes of paragraph (1) of this subsection, a veteran’s

last discharge or release from active duty shall not include any discharge or release from a period of active duty of less than 90 days

of continuous service unless the individual involved is discharged

or released for a service-connected disability, for a medical condition which preexisted such service and which the Secretary determines is not service connected, for hardship, or as a result of a reduction in force as described in section 3011(a)(1)(A)(ii)(III) of this

title.

(b)(1) In the event that an eligible veteran has not utilized any

or all of such veteran’s entitlement by the end of the delimiting period applicable to the veteran under subsection (a) of this section

and at the end of one year thereafter has not filed a claim for utilizing such entitlement, such eligible veteran is automatically

disenrolled.

(2)(A) Any contributions which were made by a veteran

disenrolled under paragraph (1) of this subsection and remain in

the fund shall be refunded to the veteran after notice of

disenrollment is transmitted to the veteran and the veteran applies

for such refund.

(B) If no application for refund of contributions under subparagraph (A) of this paragraph is received from a disenrolled veteran

within one year after the date the notice referred to in such subparagraph is transmitted to the veteran, it shall be presumed, for

the purposes of section 1322(a) of title 31, that the veteran’s whereabouts is unknown and the funds shall be transferred as provided

in such section.

(c)(1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a licensing or certification test

described in section 3452(b) of this title is the lesser of $2,000 or

the fee charged for the test.

(2) The number of months of entitlement charged in the case of

any individual for such licensing or certification test is equal to the

number (including any fraction) determined by dividing the total
§ 3232 CH. 32—POST–VIETNAM ERA ED. ASST. 380

amount paid to such individual for such test by the full-time

monthly institutional rate of the educational assistance allowance

which, except for paragraph (1), such individual would otherwise be

paid under this chapter.

(3) In no event shall payment of educational assistance under

this subsection for such a test exceed the amount of the individual’s

available entitlement under this chapter.

(Added P.L. 94–502, § 404, Oct. 15, 1976, 90 Stat. 2396, § 1632; amended P.L. 97–

258, § 3(k)(2), Sept. 13, 1982, 96 Stat. 1065; P.L. 98–160, § 702(8), Nov. 21, 1983,

97 Stat 1009; P.L. 99–576, § 311, Oct. 28, 1986, 100 Stat. 3272; P.L. 101–237,

§§ 420(a)(2), 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2087, 2092; P.L. 102–16, § 4, Mar.

22, 1991, 105 Stat. 49; renumbered § 3232 and amended P.L. 102–83, § 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406; P.L. 104–275, § 106(c)(1), Oct. 9, 1996, 110 Stat. 3329;

P.L. 106–419, § 122(b)(2), Nov. 1, 2000, 114 Stat. 1834.)

§ 3233. Apprenticeship or other on-job training

(a) Except as provided in subsection (b) of this section, the

amount of the monthly benefit payment to an individual pursuing

a full-time program of apprenticeship or other on-job training

under this chapter is—

(1) for each of the first six months of the individual’s pursuit

of such program, 75 percent of the monthly benefit payment

otherwise payable to such individual under this chapter;

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

(3) for each of the months following the first 12 months of

the individual’s pursuit of such program, 35 percent of such

monthly benefit payment.

(b) In any month in which an individual pursuing a program of

education consisting of a program of apprenticeship or other on-job

training fails to complete 120 hours of training, the amount of the

monthly benefit payment payable under this chapter to the individual shall be limited to the same proportion of the applicable rate

determined under subsection (a) of this section as the number of

hours worked during such month, rounded to the nearest eight

hours, bears to 120 hours.

(c) For each month that an individual is paid a monthly benefit

payment under this chapter, the individual’s entitlement under

this chapter shall be charged at the rate of—

(1) 75 percent of a month in the case of payments made in

accordance with subsection (a)(1) of this section;

(2) 55 percent of a month in the case of payments made in

accordance with subsection (a)(2) of this section; and

(3) 35 percent of a month in the case of payments made in

accordance with subsection (a)(3) of this section.

(d) For any month in which an individual fails to complete 120

hours of training, the entitlement otherwise chargeable under subsection (c) of this section shall be reduced in the same proportion

as the monthly benefit payment payable is reduced under subsection (b) of this section.

(Added P.L. 99–576, § 310(b)(2), Oct. 28, 1986, 100 Stat. 3271, § 1633; amended P.L.

101–237, § 423(a)(7), Dec. 18, 1989, 103 Stat. 2091; renumbered § 3233, P.L. 102–

83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
381 CH. 32—POST–VIETNAM ERA ED. ASST. § 3241

§ 3234. Tutorial assistance

(a) An individual entitled to benefits under this chapter shall

also be entitled to the benefits provided an eligible veteran under

section 3492 of this title, subject to the conditions applicable to an

eligible veteran under such section. Any amount paid to an individual under this section shall be in addition to the amount of

other benefits paid under this chapter.

(b) An individual’s period of entitlement to educational assistance

under this chapter shall be charged only with respect to the

amount of educational assistance paid to the individual under this

section in excess of $600.

(c) An individual’s period of entitlement to educational assistance

under this chapter shall be charged at the rate of one month for

each amount of assistance paid to the individual under this section

in excess of $600 that is equal to the amount of monthly educational assistance the individual is otherwise eligible to receive for

full-time pursuit of an institutional course under this chapter.

(d) Payments of benefits under this section shall be made—

(1) in the case of the first $600 of such benefits paid to an

individual, from funds appropriated, or otherwise available, to

the Department of Veterans Affairs for the payment of readjustment benefits; and

(2) in the case of payments to an individual for such benefits

in excess of $600, from the fund from contributions made to

the fund by the veteran and by the Secretary of Defense in the

same proportion as these contributions are used to pay other

educational assistance to the individual under this chapter.

(Added P.L. 100–689, § 107(b)(1), Nov. 18, 1988, 102 Stat. 4168, § 1634; amended

P.L. 101–237, § 423(b)(1)(B), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3234 and

amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

SUBCHAPTER IV—ADMINISTRATION

§ 3241. Requirements

(a)(1) The provisions of sections 3470, 3471, 3474, 3476, 3483,

3485, and 3491(a)(1) of this title and the provisions of chapter 36

of this title (with the exception of section 3687) shall be applicable

with respect to individuals who are pursuing programs of education

while serving on active duty.

(2) The Secretary may, without regard to the application to this

chapter of so much of the provisions of section 3471 of this title as

prohibit the enrollment of an eligible veteran in a program of education in which the veteran is ‘‘already qualified’’, and pursuant to

such regulations as the Secretary shall prescribe, approve the enrollment of such individual in refresher courses (including courses

which will permit such individual to update knowledge and skills

or be instructed in the technological advances which have occurred

in the individual’s field of employment during and since the period

of such veteran’s active military service), deficiency courses, or

other preparatory or special education or training courses necessary to enable the individual to pursue an approved program of

education.
§ 3242 CH. 32—POST–VIETNAM ERA ED. ASST. 382

(b) The Secretary may approve the pursuit of flight training (in

addition to a course of flight training that may be approved under

section 3680A(b) of this title) by an individual entitled to basic educational assistance under this chapter if—

(1) such training is generally accepted as necessary for the

attainment of a recognized vocational objective in the field of

aviation;

(2) the individual possesses a valid pilot certificate and

meets, on the day the individual begins a course of flight training, the medical requirements necessary for a commercial pilot

certificate; and

(3) the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the

Federal Aviation Administration and the State approving

agency.

(c) The provisions of sections 3470, 3471, 3474, 3476, 3483, and

3491(a) (other than clause (1)) of this title and the provisions of

chapter 36 of this title (with the exception of section 3687) shall be

applicable with respect to individuals who are pursuing programs

of education following discharge or release from active duty.

(Added P.L. 94–502, § 404, Oct. 15, 1976, 90 Stat. 2397, § 1641; amended P.L. 96–

466, § 405, Oct. 17, 1980, 94 Stat. 2202; P.L. 97–35, § 2003(a)(2), Aug. 13, 1981, 95

Stat. 782; P.L. 99–576, §§ 308(b), 310(c), Oct. 28, 1986, 100 Stat. 3270, 3272; P.L.

100–689, § 106(b), Nov. 18, 1988, 102 Stat. 4167; P.L. 101–237, § 423(a)(5)(B),

(b)(1)(A), Dec. 18, 1989, 103 Stat. 2091, 2092; P.L. 102–16, §§ 2(b)(2), 7(a), Mar. 22,

1991, 105 Stat. 49, 51; renumbered § 3241 and amended P.L. 102–83, § 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406; P.L. 102–568, § 313(a)(5), Oct. 29, 1992, 106 Stat. 4332;

P.L. 103–446, § 601(b), § 1201(d)(12), Nov. 2, 1994, 108 Stat. 4670, 4684.)

[§ 3242. Repealed. P.L. 102–16, § 5(a).]

§ 3243. Deposits; reports

Deductions made by the Department of Defense from the military pay of any participant shall be promptly transferred to the

Secretary for deposit in the fund. The Secretary of Defense shall

also submit to the Secretary a report each month showing the

name, service number, and the amount of the deduction made from

the military pay of each initial enrollee, any contribution made by

the Secretary of Defense pursuant to section 3222(c) of this title,

as well as any changes in each participant’s enrollment and/or contribution. The report shall also include any additional information

the Secretary and the Secretary of Defense deem necessary to administer this program. The Secretary shall maintain accounts

showing contributions made to the fund by individual participants

and by the Secretary of Defense as well as disbursements made

from the fund in the form of benefits.

(Added P.L. 94–502, § 404, Oct. 15, 1976, 90 Stat. 2397, § 1643; amended P.L. 98–

160, § 702(9), Nov. 21, 1983, 97 Stat. 1009; P.L. 101–237, § 423(b)(1)(A), (4)(D), Dec.

18, 1989, 103 Stat. 2092; renumbered § 3243 and amended P.L. 102–83, § 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406.)
(383)

CHAPTER 34—VETERANS’ EDUCATIONAL ASSISTANCE

SUBCHAPTER I—PURPOSE; DEFINITIONS

Sec.

3451. Purpose.

3452. Definitions.

SUBCHAPTER II—ELIGIBILITY AND ENTITLEMENT

3461. Eligibility; entitlement; duration.

3462. Time limitations for completing a program of education.

3463. [Repealed.]

SUBCHAPTER III—ENROLLMENT

3470. Selection of program.

3471. Applications; approval.

3473. [Repealed.]

3474. Discontinuance for unsatisfactory conduct or progress.

3475. [Repealed.]

3476. Education outside the United States.

3477. [Repealed.]

3478. [Repealed.]

SUBCHAPTER IV—PAYMENTS TO ELIGIBLE VETERANS; VETERAN–STUDENT SERVICES

3481. Educational assistance allowance.

3482. Computation of educational assistance allowances.

3482A. [Repealed.]

3483. Approval of courses.

3484. Apprenticeship or other on-job training; correspondence courses.

3485. Work-study allowance.

3486. [Repealed.]

3487. [Repealed.]

SUBCHAPTER V—SPECIAL ASSISTANCE FOR THE EDUCATIONALLY DISADVANTAGED

3490. Purpose.

3491. Elementary and secondary education and preparatory educational assistance.

3492. Tutorial assistance.

3493. Effect on educational entitlement.

SUBCHAPTER VI—[REPEALED]

3495–3498. [Repealed.]

SUBCHAPTER I—PURPOSE; DEFINITIONS

§ 3451. Purpose

The Congress of the United States hereby declares that the education program created by this chapter is for the purpose of (1) enhancing and making more attractive service in the Armed Forces

of the United States, (2) extending the benefits of a higher education to qualified and deserving young persons who might not otherwise be able to afford such an education, (3) providing vocational

readjustment and restoring lost educational opportunities to those

service men and women whose careers have been interrupted or

impeded by reason of active duty after January 31, 1955, and (4)

aiding such persons in attaining the vocational and educational
§ 3451 CH. 34—VETERANS’ EDUCATIONAL ASSISTANCE 384

status which they might normally have aspired to and obtained

had they not served their country.

(Added P.L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 12, § 1651; renumbered § 3451, P.L.

102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3452. Definitions

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, Naval 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 combina-
385 CH. 34—VETERANS’ EDUCATIONAL ASSISTANCE § 3452

tion 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.

(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. 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). 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).

(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 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 of 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.

(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
§ 3452 CH. 34—VETERANS’ EDUCATIONAL ASSISTANCE 386

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.

(Added P.L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 13, § 1652; amended P.L. 90–77,

§ 304(c), Aug. 31, 1967, 81 Stat. 186; P.L. 91–219, § 201, Mar. 26, 1970, 84 Stat. 78;

P.L. 91–584, § 10, Dec. 24, 1970, 84 Stat. 1577; P.L. 93–508, § 201, Dec. 3, 1974, 88

Stat. 1581; P.L. 94–502, §§ 202, 210(1), 211(1), § 402, Oct. 15, 1976, 90 Stat. 2385,

2388, 2392; P.L. 96–466, § 307(a), § 801(a), Oct. 17, 1980, 94 Stat. 2193, 2216; P.L.

97–295, § 4(38), Oct. 12, 1982, 96 Stat. 1307; renumbered § 3452 and amended P.L.

102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 103–446, § 603(a), Nov. 2,

1994, 108 Stat. 4671; P.L. 104–275, § 102, Oct. 9, 1996, 110 Stat. 3326; P.L. 106– 419, § 122(a), Nov. 1, 2000, 114 Stat. 1833; P.L. 107–14, § 8(a)(4), June 5, 2001, 115

Stat. 34; P.L. 107–103, § 110(a), Dec. 27, 2001, 115 Stat. 986.)

SUBCHAPTER II—ELIGIBILITY AND ENTITLEMENT

§ 3461. Eligibility; entitlement; duration

Entitlement

(a) Except as provided in subsection (c) and in the second sentence of this subsection, each eligible veteran shall be entitled to

educational assistance under this chapter or chapter 36 for a period

of one and one-half months (or the equivalent thereof in part-time

educational assistance) for each month or fraction thereof of the

veteran’s service on active duty after January 31, 1955. If an eligible veteran has served a period of 18 months or more on active

duty after January 31, 1955, and has been released from such service under conditions that would satisfy the veteran’s active duty obligation, the veteran shall be entitled to educational assistance

under this chapter for a period of 45 months (or the equivalent

thereof in part-time educational assistance). In the case of any person serving on active duty on December 31, 1976, or a person

whose eligibility is based on section 3452(a)(1)(B) of this chapter,

the ending date for computing such person’s entitlement shall be

the date of such person’s first discharge or release from active duty

after December 31, 1976.

Entitlement Limitations

(b) Whenever the period of entitlement under this section of an

eligible veteran who is enrolled in an educational institution regularly operated on the quarter or semester system ends during a

quarter or semester, such period shall be extended to the termination of such unexpired quarter or semester. In educational insti-
387 CH. 34—VETERANS’ EDUCATIONAL ASSISTANCE § 3462

tutions not operated on the quarter or semester system, whenever

the period of eligibility ends after a major portion of the course is

completed such period shall be extended to the end of the course

or for twelve weeks, whichever is the lesser period.

(c) Except as provided in subsection (b) and in subchapter V of

this chapter, no eligible veteran shall receive educational assistance under this chapter in excess of 45 months.

(Added P.L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 13, § 1661; amended P.L. 90–77,

§ 306(b)(2), Aug. 31, 1967, 81 Stat. 188; P.L. 90–631, § 1(b), Oct. 23, 1968, 82 Stat.

1331; P.L. 91–219, § 204(a)(1), Mar. 26, 1970, 84 Stat. 79; P.L. 92–540, § 401(1), Oct.

24, 1972, 86 Stat. 1089; P.L. 93–508, § 202, Dec. 3, 1974, 88 Stat. 1581; P.L. 94– 502, §§ 203, 211(2), § 403(a), Oct. 15, 1976, 90 Stat. 2386, 2388, 2393; P.L. 96–466,

§ 601(b), Oct. 17, 1980, 94 Stat. 2208; renumbered § 3461 and amended P.L. 102– 83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 3462. Time limitations for completing a program of education

Delimiting Period for Completion

(a)(1) Subject to paragraph (4) of this subsection, no educational

assistance shall be afforded an eligible veteran under this chapter

beyond the date 10 years after the veteran’s last discharge or release from active duty after January 31, 1955; except that, in the

case of any eligible veteran who was prevented from initiating or

completing such veteran’s chosen program of education within such

time period because of a physical or mental disability which was

not the result of such veteran’s own willful misconduct, such veteran shall, upon application made within one year after (A) the last

date of the delimiting period otherwise applicable under this section, (B) the termination of the period of such mental or physical

disability, or (C) October 1, 1980, whichever is the latest, be granted an extension of the applicable delimiting period for such length

of time as the Secretary determines, from the evidence, that such

veteran was so prevented from initiating or completing such program of education. When an extension of the applicable delimiting

period is granted a veteran under the preceding sentence, the delimiting period with respect to such veteran will again begin running on the first day following such veteran’s recovery from such

disability on which it is reasonably feasible, as determined in accordance with regulations which the Secretary shall prescribe, for

such veteran to initiate or resume pursuit of a program of education with educational assistance under this chapter.

(2)(A) Notwithstanding the provisions of paragraph (1) of this

subsection, any veteran shall be permitted to use any of such veteran’s unused entitlement under section 3461 of this title for the

purposes of eligibility for an education loan, pursuant to the provisions of subchapter III of chapter 36 of this title, after the delimiting date otherwise applicable to such veteran under such paragraph (1), if such veteran was pursuing an approved program of

education on a full-time basis at the time of the expiration of such

veteran’s eligibility.

(B) Notwithstanding any other provision of this chapter or chapter 36 of this title, any veteran whose delimiting period is extended

under subparagraph (A) of this paragraph may continue to use any

unused loan entitlement under this paragraph as long as the vet-
§ 3462 CH. 34—VETERANS’ EDUCATIONAL ASSISTANCE 388

eran continues to be enrolled on a full-time basis in pursuit of the

approved program of education in which such veteran was enrolled

at the time of expiration of such veteran’s eligibility (i) until such

entitlement is exhausted, (ii) until the expiration of two years after

November 23, 1977, or the date of the expiration of the delimiting

date otherwise applicable to such veteran under paragraph (1) of

this subsection, whichever is later, or (iii) until such veteran has

completed the approved program of education in which such veteran was enrolled at the end of the delimiting period referred to

in paragraph (1) of this subsection, whichever occurs first.

(3) [Repealed. P.L. 107–14, § 8(a)(5).]

(4) For purposes of paragraph (1) of this subsection, a veteran’s

last discharge or release from active duty shall not include any discharge or release from a period of active duty of less than 90 days

of continuous service unless the individual involved is discharged

or released for a service-connected disability, for a medical condition which preexisted such service and which the Secretary determines is not service connected, for hardship, or as a result of a reduction in force as described in section 3011(a)(1)(A)(ii)(III) of this

title.

Correction of Discharge

(b) In the case of any eligible veteran who has been prevented,

as determined by the Secretary, from completing a program of education under this chapter within the period prescribed by subsection (a), because the veteran had not met the nature of discharge requirements of this chapter before a change, correction, or

modification of a discharge or dismissal made pursuant to section

1553 of title 10, the correction of the military records of the proper

service department under section 1552 of title 10, or other corrective action by competent authority, then the 10-year delimiting period shall run from the date the veteran’s discharge or dismissal

was changed, corrected, or modified.

Savings Clause

(c) In the case of any eligible veteran who was discharged or released from active duty before June 1, 1966, the 10-year delimiting

period shall run from such date, if it is later than the date which

otherwise would be applicable. In the case of any eligible veteran

who was discharged or released from active duty before August 31,

1967, and who pursues a course of farm cooperative training, apprenticeship or other training on the job, the 10-year delimiting period shall run from August 31, 1967, if it is later than the date

which would otherwise be applicable.

(d) In the case of any veteran (1) who served on or after January

31, 1955, (2) who became eligible for educational assistance under

the provisions of this chapter or chapter 36 of this title, and (3)

who, subsequent to the veteran’s last discharge or release from active duty, was captured and held as a prisoner of war by a foreign

government or power, there shall be excluded, in computing the

veteran’s 10-year period of eligibility for educational assistance,

any period during which the veteran was so detained and any pe-
389 CH. 34—VETERANS’ EDUCATIONAL ASSISTANCE § 3471

riod immediately following the veteran’s release from such detention during which the veteran was hospitalized at a military, civilian, or Department of Veterans Affairs medical facility.

(e) No educational assistance shall be afforded any eligible veteran under this chapter or chapter 36 of this title after December

31, 1989.

(Added P.L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 14, § 1662; amended P.L. 90–77,

§ 305, Aug. 31, 1967, 81 Stat. 188; P.L. 93–337, § 1, July 10, 1974, 88 Stat. 292; P.L.

94–502, § 211(3), § 403(b), Oct. 15, 1976, 90 Stat. 2388, 2393; P.L. 95–202,

§ 203(a)(1), (b)(1), Nov. 23, 1977, 91 Stat. 1439; P.L. 96–466, § 301, Oct. 17, 1980,

94 Stat. 2191; P.L. 97–35, § 2003(b)(1), Aug. 13, 1981, 95 Stat. 782; P.L. 97–72,

§ 201(a), Nov. 3, 1981, 95 Stat. 1054; P.L. 97–295, § 4(39), Oct. 12, 1982, 96 Stat.

1307; P.L. 97–306, § 206(a), Oct. 14, 1982, 96 Stat. 1435; P.L. 98–160, § 702(10),

Nov. 21, 1983, 97 Stat. 1009; P.L. 101–237, §§ 420(a)(3), 423(b)(1), Dec. 18, 1989, 103

Stat. 2087, 2092; renumbered § 3462 and amended P.L. 102–83, § 5(a), (c)(1), Aug.

6, 1991, 105 Stat. 406; P.L. 107–14, § 8(a)(5), June 5, 2001, 115 Stat. 34.)

[§ 3463. Repealed. P.L. 102–16, § 2(b)(1).]

SUBCHAPTER III—ENROLLMENT

§ 3470. Selection of program

Subject to the provisions of this chapter, each eligible veteran

may select a program of education to assist the veteran in attaining an educational, professional, or vocational objective at any educational institution (approved in accordance with chapter 36 of this

title) selected by the veteran, which will accept and retain the veteran as a student or trainee in any field or branch of knowledge

which such institution finds the veteran qualified to undertake or

pursue.

(Added P.L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 15, § 1670; amended P.L. 94–502,

§ 211(5), Oct. 15, 1976, 90 Stat. 2388; renumbered § 3470, P.L. 102–83, § 5(a), Aug.

6, 1991, 105 Stat. 406.)

§ 3471. Applications; approval

Any eligible veteran, or any person on active duty (after consultation with the appropriate service education officer), who desires to initiate a program of education under this chapter shall

submit an application to the Secretary which shall be in such form,

and contain such information, as the Secretary shall prescribe. The

Secretary shall approve such application unless the Secretary finds

that (1) such veteran or person is not eligible for or entitled to the

educational assistance for which application is made, (2) the veteran’s or person’s selected educational institution or training establishment fails to meet any requirement of this chapter or chapter

36 of this title, (3) the veteran’s or person’s enrollment in, or pursuit of, the program of education selected would violate any provision of this chapter or chapter 36 of this title, or (4) the veteran

or person is already qualified, by reason of previous education or

training, for the educational, professional, or vocational objective

for which the program of education is offered. The Secretary shall

notify the veteran or person of the approval or disapproval of the

veteran’s or person’s application.

(Added P.L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 15, § 1671; amended P.L. 92–540,

§ 302, Oct. 24, 1972, 86 Stat. 1080; P.L. 94–502, § 211(6), Oct. 15, 1976, 90 Stat.

2388; P.L. 96–466, § 302, Oct. 17, 1980, 94 Stat. 2192; P.L. 101–237, § 423(b)(1)(A),
§ 3473 CH. 34—VETERANS’ EDUCATIONAL ASSISTANCE 390

Dec. 18, 1989, 103 Stat. 2092; renumbered § 3471, P.L. 102–83, § 5(a), Aug. 6, 1991,

105 Stat. 406.)

[§ 3473. Repealed. P.L. 102–568, § 313(a)(3)(A).]

§ 3474. Discontinuance for unsatisfactory conduct or

progress

The Secretary shall discontinue the educational assistance allowance of an eligible veteran if, at any time, the Secretary finds that

according to the regularly prescribed standards and practices of the

educational institution, the veteran’s attendance, conduct, or

progress is unsatisfactory. The Secretary may renew the payment

of the educational assistance allowance only if the Secretary finds

that—

(1) the veteran will be resuming enrollment at the same educational institution in the same program of education and the

educational institution has both approved such veteran’s reenrollment and certified it to the Department of Veterans Affairs; or

(2) in the case of a proposed change of either educational institution or program of education by the veteran—

(A) the cause of the unsatisfactory attendance, conduct,

or progress has been removed;

(B) the program proposed to be pursued is suitable to

the veteran’s aptitudes, interests, and abilities; and

(C) if a proposed change of program is involved, the

change meets the requirements for approval under section

1791 of this title.

(Added P.L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 16, § 1674; amended P.L. 94–502,

§§ 206, 211(8), Oct. 15, 1976, 90 Stat. 2387, 2388; P.L. 95–202, § 305(b)(1), Nov. 23,

1977, 91 Stat. 1443; P.L. 96–466, § 306, Oct. 17, 1980, 94 Stat. 2193; P.L. 101–237,

§§ 411(a), 412(b), 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2085, 2092; renumbered § 3474 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

[§ 3475. Repealed. P.L. 92–540, § 401(6).]

§ 3476. Education outside the United States

An eligible veteran may not enroll in any course offered by an

educational institution not located in a State unless that educational institution is an approved institution of higher learning

and the course is approved by the Secretary. The Secretary may

deny or discontinue educational assistance under this chapter in

the case of any veteran enrolled in an institution of higher learning

not located in a State if the Secretary determines that such enrollment is not in the best interest of the veteran or the Federal Government.

(Added P.L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 17, § 1676; amended P.L. 94–502,

§ 211(9), Oct. 15, 1976, 90 Stat. 2389; P.L. 96–466, § 307(b), Oct. 17, 1980, 94 Stat.

2193; P.L. 101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3476,

P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; P.L. 103–446, § 604(a), Nov. 2, 1994,

108 Stat. 4671.)
391 CH. 34—VETERANS’ EDUCATIONAL ASSISTANCE § 3482

[§ 3477. Repealed. P.L. 97–35, § 2003(b).]

[§ 3478. Repealed. P.L. 91–219, § 204(a).]

SUBCHAPTER IV—PAYMENTS TO ELIGIBLE VETERANS;

VETERAN–STUDENT SERVICES

§ 3481. Educational assistance allowance

General

(a) The Secretary shall, in accordance with the applicable provisions of this section and chapter 36 of this title, pay to each eligible

veteran who is pursuing a program of education under this chapter

an educational assistance allowance to meet, in part, the expenses

of the veteran’s subsistence, tuition, fees, supplies, books, equipment, and other educational costs.

Institutional Training

(b) The educational assistance allowance of an eligible veteran

pursuing a program of education, other than a program exclusively

by correspondence, at an educational institution shall be paid as

provided in chapter 36 of this title.

(Added P.L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 17, § 1681; amended P.L. 91–219,

§ 205, Mar. 26, 1970, 84 Stat. 81; P.L. 91–584, § 6, Dec. 24, 1970, 84 Stat. 1576; P.L.

92–540, § 202, Oct. 24, 1972, 86 Stat. 1079; P.L. 94–502, §§ 210(2), 211(10), Oct. 15,

1976, 90 Stat. 2388, 2389; P.L. 97–35, § 2003(b)(4), Aug. 13, 1981, 95 Stat. 782; P.L.

101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3481, P.L. 102–

83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3482. Computation of educational assistance allowances

(a)(1) Except as provided in subsection (b), (c), or (g) of this section, or section 3687 of this title, while pursuing a program of education under this chapter of half-time or more, each eligible veteran

shall be paid the monthly educational assistance allowance set

forth in column II, III, IV, or V (whichever is applicable as determined by the veteran’s dependency status) opposite the applicable

type of program as shown in column I:

Column I Column II Column III Column IV Column V

Type of program No dependents

One dependentTwo dependents More than two dependents

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

Institutional training:

Full-time ..................... $376 $448 $510 $32

Three-quarter-time ..... 283 336 383 24

Half-time .................... 188 224 255 17

Cooperative ................ 304 355 404 23

(2) A ‘‘cooperative’’ program, other than a ‘‘farm cooperative’’ program, means a full-time program of education which consists of institutional courses and alternate phases of training in a business

or industrial establishment with the training in the business or in-
§ 3482 CH. 34—VETERANS’ EDUCATIONAL ASSISTANCE 392

dustrial establishment being strictly supplemental to the institutional portion.

(b) The educational assistance allowance of an individual pursuing a program of education— (1) while on active duty, or

(2) on less than a half-time basis,

shall be computed at the rate of (A) the established charges for tuition and fees which the institution requires similarly

circumstanced nonveterans enrolled in the same program to pay, or

(B) $376 per month for a full-time course, whichever is the lesser.

An individual’s entitlement shall be charged for institutional

courses on the basis of the applicable monthly training time rate

as determined under section 3688 of this title.

(c)(1) An eligible veteran who is enrolled in an educational institution for a ‘‘farm cooperative’’ program consisting of institutional

agricultural courses prescheduled to fall within 44 weeks of any period of 12 consecutive months and who pursues such program on— (A) a full-time basis (a minimum of ten clock hours per week

or four hundred and forty clock hours in such year

prescheduled to provide not less than eighty clock hours in any

three-month period),

(B) a three-quarter-time basis (a minimum of 7 clock hours

per week), or

(C) a half-time basis (a minimum of 5 clock hours per week),

shall be eligible to receive an educational assistance allowance at

the appropriate rate provided in the table in paragraph (2) of this

subsection, if such eligible veteran is concurrently engaged in agricultural employment which is relevant to such institutional agricultural courses as determined under standards prescribed by the Secretary. In computing the foregoing clock hour requirements there

shall be included the time involved in field trips and individual and

group instruction sponsored and conducted by the educational institution through a duly authorized instructor of such institution in

which the veteran is enrolled.

(2) The monthly educational assistance allowance of an eligible

veteran pursuing a farm cooperative program under this chapter

shall be paid as set forth in column II, III, IV, or V (whichever is

applicable as determined by the veteran’s dependency status) opposite the basis shown in column I:

Column I Column II Column III Column IV Column V

Basis No dependents

One dependentTwo dependents More than two dependents

The amount in column IV, plus the following for each

dependent in excess of two:

Full-time ......................... $304 $355 $404 $23

Three-quarter-time .......... 228 266 303 18

Half-time ......................... 152 178 202 12

(d)(1) Notwithstanding the prohibition in section 3471 of this

title prohibiting enrollment of an eligible veteran in a program of

education in which such veteran has ‘‘already qualified,’’ a veteran

shall be allowed up to six months of educational assistance (or the

equivalent thereof in part-time assistance) for the pursuit of refresher training to permit such veteran to update such veteran’s
393 CH. 34—VETERANS’ EDUCATIONAL ASSISTANCE § 3482

knowledge and skills and to be instructed in the technological advances which have occurred in such veteran’s field of employment

during and since the period of such veteran’s active military service.

(2) A veteran pursuing refresher training under this subsection

shall be paid an educational assistance allowance based upon the

rate prescribed in the table in subsection (a)(1) or in subsection

(c)(2) of this section, whichever is applicable.

(3) The educational assistance allowance paid under the authority of this subsection shall be charged against the period of entitlement the veteran has earned pursuant to section 3461(a) of this

title.

(e) The educational assistance allowance of an eligible veteran

pursuing an independent study program which leads to a standard

college degree shall be computed at the rate provided in subsection

(b) of this section. If the entire training is to be pursued by independent study, the amount of such veteran’s entitlement to educational assistance under this chapter shall be charged in accordance with the rate at which the veteran is pursuing the independent study program but at not more than the rate at which

such entitlement is charged for pursuit of such program on less

than a half-time basis. In any case in which independent study is

combined with resident training, the educational assistance allowance shall be paid at the applicable institutional rate based on the

total training time determined by adding the number of semester

hours (or the equivalent thereof) of resident training to the number

of semester hours (or the equivalent thereof) of independent study

that do not exceed the number of semester hours (or the equivalent

thereof) required for the less than half-time institutional rate, as

determined by the Secretary, for resident training. A veteran’s entitlement shall be charged for a combination of independent study

and resident training on the basis of the applicable monthly training time rate as determined under section 3688 of this title.

(f) The educational assistance allowance of an eligible veteran

pursuing a course by open circuit television shall be computed in

the same manner that such allowance is computed under subsection (e) of this section for an independent study program.

(g)(1) Subject to the provisions of paragraph (2) of this subsection, the amount of the educational assistance allowance paid to

an eligible veteran who is pursuing a program of education under

this chapter while incarcerated in a Federal, State, or local penal

institution for conviction of a felony may not exceed such amount

as the Secretary determines, in accordance with regulations which

the Secretary shall prescribe, is necessary to cover the cost of established charges for tuition and fees required of similarly

circumstanced nonveterans enrolled in the same program and to

cover the cost of necessary supplies, books, and equipment, or the

applicable monthly educational assistance allowance prescribed for

a veteran with no dependents in subsection (a)(1) or (c)(2) of this

section or section 3687(b)(1) of this title, whichever is the lesser.

The amount of the educational assistance allowance payable to a

veteran while so incarcerated shall be reduced to the extent that

the tuition and fees of the veteran for any course are paid under
§ 3482A CH. 34—VETERANS’ EDUCATIONAL ASSISTANCE 394

any Federal program (other than a program administered by the

Secretary) or under any State or local program.

(2) Paragraph (1) of this subsection shall not apply in the case

of any veteran who is pursuing a program of education under this

chapter while residing in a halfway house or participating in a

work-release program in connection with such veteran’s conviction

of a felony.

(h)(1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a licensing or certification test

described in section 3452(b) of this title is the lesser of $2,000 or

the fee charged for the test.

(2) The number of months of entitlement charged in the case of

any individual for such licensing or certification test is equal to the

number (including any fraction) determined by dividing the total

amount paid to such individual for such test by the full-time

monthly institutional rate of the educational assistance allowance

which, except for paragraph (1), such individual would otherwise be

paid under this chapter.

(3) In no event shall payment of educational assistance under

this subsection for such a test exceed the amount of the individual’s

available entitlement under this chapter.

(Added P.L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 18, § 1682; amended P.L. 90–77,

§§ 301, 303(b), Aug. 31, 1967, 81 Stat. 184, 185; P.L. 90–631, § 3, Oct. 23, 1968, 82

Stat. 1333; P.L. 91–219, § 103(a)–(d), § 204(a)(3), Mar. 26, 1970, 84 Stat. 76, 77, 79;

P.L. 91–584, § 9, Dec. 24, 1970, 84 Stat. 1577; P.L. 92–540, § 102(2)–(4), § 303,

§ 401(4), (5), Oct. 24, 1972, 86 Stat. 1075, 1081, 1090; P.L. 93–508, § 102(2)–(4),

§ 204, Dec. 3, 1974, 88 Stat. 1579, 1582; P.L. 93–602, § 203(b), Jan. 2, 1975, 88 Stat.

1958; P.L. 94–502, §§ 201(1)–(3), 207, Oct. 15, 1976, 90 Stat. 2384, 2385, 2387; P.L.

95–202, § 102(2)–(4), Nov. 23, 1977, 91 Stat. 1434; P.L. 96–466, §§ 201(2)–(4),

211(2)–(4), §§ 308–310, § 602(a), Oct. 17, 1980, 94 Stat. 2187–2190, 2194, 2208; P.L.

97–35, § 2003(b)(5), Aug. 13, 1981, 95 Stat. 782; P.L. 97–306, §§ 204, 205(b), Oct. 14,

1982, 96 Stat. 1434; P.L. 98–160, § 702(11), Nov. 21, 1983, 97 Stat. 1009; P.L. 98–

543, § 202(1)–(3), Oct. 24, 1984, 98 Stat. 2741; P.L. 101–237, § 423(b)(1)(A), Dec. 18,

1989, 103 Stat. 2092; renumbered § 3482 and amended P.L. 102–83, § 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406; P.L. 104–275, § 104(a), Oct. 9, 1996, 110 Stat. 3327;

P.L. 106–419, § 122(b)(3), Nov. 1, 2000, 114 Stat. 1834.)

[§ 3482A. Repealed. P.L. 100–689, § 124(a).]

§ 3483. Approval of courses

An eligible veteran shall receive the benefits of this chapter

while enrolled in a course of education offered by an educational

institution only if such course is approved in accordance with the

provisions of subchapter I of chapter 36 of this title.

(Added P.L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 19, § 1685; renumbered § 1686, P.L.

90–77, § 304(a), Aug. 31, 1967, 81 Stat. 186; renumbered § 1683, P.L. 92–540,

§ 401(7), Oct. 24, 1972, 86 Stat. 1090; renumbered § 3483, P.L. 102–83, § 5(a), Aug.

6, 1991, 105 Stat. 406.)

§ 3484. Apprenticeship or other on-job training; correspondence courses

Any eligible veteran may pursue a program of apprenticeship or

other on-job training or a program of education exclusively by correspondence and be paid an educational assistance allowance or

training assistance allowance, as applicable, under the provisions

of section 3687 or 3686 of this title.
395 CH. 34—VETERANS’ EDUCATIONAL ASSISTANCE § 3485

(Added P.L. 92–540, § 304, Oct. 24, 1972, 86 Stat. 1081, § 1684; renumbered § 3484

and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 3485. Work-study allowance

(a)(1) Individuals utilized under the authority of subsection (b)

shall be paid an additional educational assistance allowance (hereinafter in this section referred to as ‘‘work-study allowance’’). Such

allowance shall be paid in return for an individual’s entering into

an agreement described in paragraph (3).

(2) Such work-study allowance shall be paid in an amount equal

to the product of—

(A) the applicable hourly minimum wage; and

(B) the number of hours worked during the applicable period.

(3) An agreement described in this paragraph is an agreement of

an individual to perform services, during or between periods of enrollment, aggregating not more than a number of hours equal to 25

times the number of weeks in the semester or other applicable enrollment period, required in connection with a qualifying workstudy activity.

(4) For the purposes of this section, the term ‘‘qualifying workstudy activity’’ means any of the following:

(A) The outreach services program under subchapter II of

chapter 77 of this title as carried out under the supervision of

a Department employee or, during the five-year period beginning on the date of the enactment of the Veterans Education

and Benefits Expansion Act of 2001, outreach services to

servicemembers and veterans furnished by employees of a

State approving agency.

(B) The preparation and processing of necessary papers and

other documents at educational institutions or regional offices

or facilities of the Department.

(C) The provision of hospital and domiciliary care and medical treatment under chapter 17 of this title, including, during

the five-year period beginning on the date of the enactment of

the Veterans Education and Benefits Expansion Act of 2001,

the provision of such care to veterans in a State home for

which payment is made under section 1741 of this title.

(D) Any other activity of the Department as the Secretary

determines appropriate.

(E) In the case of an individual who is receiving educational

assistance under chapter 1606 of title 10, an activity relating

to the administration of that chapter at Department of Defense, Coast Guard, or National Guard facilities.

(F) During the five-year period beginning on the date of the

enactment of the Veterans Education and Benefits Expansion

Act of 2001, an activity relating to the administration of a national cemetery or a State veterans’ cemetery.

(5) An individual may elect, in a manner prescribed by the Secretary, to be paid in advance an amount equal to 40 percent of the

total amount of the work-study allowance agreed to be paid under

the agreement in return for the individual’s agreement to perform

the number of hours of work specified in the agreement (but not

more than an amount equal to 50 times the applicable hourly minimum wage).
§ 3485 CH. 34—VETERANS’ EDUCATIONAL ASSISTANCE 396

(6) For the purposes of this subsection and subsection (e), the

term ‘‘applicable hourly minimum wages’’ means— (A) the hourly minimum wage under section 6(a) of the Fair

Labor Standards Act of 1938 (29 U.S.C. 206(a)); or

(B) the hourly minimum wage under comparable law of the

State in which the services are to be performed, if such wage

is higher than the wage referred to in subparagraph (A) and

the Secretary has made a determination to pay such higher

wage.

(b) Notwithstanding any other provision of law, the Secretary

shall, subject to the provisions of subsection (e) of this section, utilize, in connection with the activities specified in subsection (a)(1)

of this section, the services of individuals who are pursuing programs of rehabilitation, education, or training under chapter 30,

31, 32 or 34 of this title or chapter 106 of title 10, at a rate equal

to at least three-quarters of that required of a full-time student. In

carrying out this section, the Secretary, wherever feasible, shall

give priority to veterans with disabilities rated at 30 percent or

more for purposes of chapter 11 of this title. In the event an individual ceases to be at least a three-quarter-time student before

completing such agreement, the individual may, with the approval

of the Secretary, be permitted to complete such agreement.

(c) The Secretary shall determine the number of individuals

whose services the Department of Veterans Affairs can effectively

utilize and the types of services that such individuals may be required to perform, on the basis of a survey, which the Secretary

shall conduct annually, of each Department of Veterans Affairs regional office in order to determine the numbers of individuals

whose services can effectively be utilized during an enrollment period in each geographical area where Department of Veterans Affairs activities are conducted, and shall determine which individuals shall be offered agreements under this section in accordance

with regulations which the Secretary shall prescribe, including as

criteria (1) the need of the individual to augment the veteran’s educational assistance or subsistence allowance; (2) the availability to

the individual of transportation to the place where the individual’s

services are to be performed; (3) the motivation of the individual;

and (4) in the case of a disabled veteran pursuing a course of vocational rehabilitation under chapter 31 of this title, the compatibility

of the work assignment to the veteran’s physical condition.

(d) While performing the services authorized by this section, individuals shall be deemed employees of the United States for the

purposes of the benefits of chapter 81 of title 5 but not for the purposes of laws administered by the Office of Personnel Management.

(e)(1) Subject to paragraph (2) of this subsection, the Secretary

may, notwithstanding any other provision of law, enter into an

agreement with an individual under this section, or a modification

of such an agreement, whereby the individual agrees to perform

services of the kind described in clauses (A) through (E) of subsection (a)(1) of this section and agrees that the Secretary shall, in

lieu of paying the work-study allowance payable for such services,

as provided in subsection (a) of this section, deduct the amount of

the allowance from the amount which the individual has been determined to be indebted to the United States by virtue of such indi-
397 CH. 34—VETERANS’ EDUCATIONAL ASSISTANCE § 3485

vidual’s participation in a benefits program under this chapter,

chapter 30, 31, 32, 35, or 36 (other than an education loan under

subchapter III) of this title, or chapter 106 of title 10 (other than

an indebtedness arising from a refund penalty imposed under section 2135 of such title).

(2)(A) Subject to subparagraph (B) of this paragraph, the provisions of this section (other than those provisions which are determined by the Secretary to be inapplicable to an agreement under

this subsection) shall apply to any agreement authorized under

paragraph (1) of this subsection.

(B) For the purposes of this subsection, the Secretary may—

(i) waive, in whole or in part, the limitations in subsection

(a) of this section concerning the number of hours and periods

during which services can be performed by the individual and

the provisions of subsection (b) of this section requiring the individual’s pursuit of a program of rehabilitation, education, or

training;

(ii) in accordance with such terms and conditions as may be

specified in the agreement under this subsection, waive or

defer charging interest and administrative costs pursuant to

section 5315 of this title on the indebtedness to be satisfied by

performance of the agreement; and

(iii) notwithstanding the indebtedness offset provisions of

section 5314 of this title, waive or defer until the termination

of an agreement under this subsection the deduction of all or

any portion of the amount of indebtedness covered by the

agreement from future payments to the individual as described

in section 5314 of this title.

(3)(A) Subject to the provisions of subparagraphs (B) and (C) of

this paragraph, an agreement authorized under this subsection

shall terminate in accordance with the provisions of this section

and the terms and conditions of the agreement which are consistent with this subsection.

(B) In no event shall an agreement under this subsection continue in force after the total amount of the individual’s indebtedness described in paragraph (1) of this subsection has been recouped, waived, or otherwise liquidated.

(C) Notwithstanding the provisions of subparagraphs (A) and (B)

of this paragraph, if the Secretary finds that an individual was

without fault and was allowed to perform services described in the

agreement after its termination, the Secretary shall, as reasonable

compensation therefor, pay the individual at the applicable hourly

minimum wage rate for such services as the Secretary determines

were satisfactorily performed.

(4) The Secretary shall promulgate regulations to carry out this

subsection.

(Added P.L. 92–540, § 203, Oct. 24, 1972, 86 Stat. 1079, § 1685; amended P.L. 93–

508, § 205, Dec. 3, 1974, 88 Stat. 1582; P.L. 94–502, §§ 208, 211(11), Oct. 15, 1976,

90 Stat. 2388, 2389; P.L. 95–202, § 105, Nov. 23, 1977, 91 Stat. 1435; P.L. 96–466,

§ 801(b), Oct. 17, 1980, 94 Stat. 2216; P.L. 97–295, § 4(42), Oct. 12, 1982, 96 Stat.

1308; P.L. 99–576, § 308(c), Oct. 28, 1986, 100 Stat. 3270; P.L. 101–237, §§ 405(a)–

(d)(2), (4)(A), 423(b)(1), Dec. 18, 1989, 103 Stat. 2080, 2081, 2092; P.L. 102–16,

§§ 6(a)–(b)(2), 10(a)(5), Mar. 22, 1991, 105 Stat. 50, 51, 55; P.L. 102–40, § 402(d)(1),

May 7, 1991, 105 Stat. 239; renumbered § 3485 and amended P.L. 102–83, §§ 2(c)(2),

5(a), Aug. 6, 1991, 105 Stat. 402, 406; P.L. 102–568, § 311, Oct. 29, 1992, 106 Stat.
§ 3485 CH. 34—VETERANS’ EDUCATIONAL ASSISTANCE 398

4330; P.L. 105–368, § 202(a), Nov. 11, 1998, 112 Stat. 3326; P.L. 107–14, § 8(a)(16),

June 5, 2001, 115 Stat. 35; P.L. 107–103, § 107(a), Dec. 27, 2001, 115 Stat. 983.)

[§ 3486. Repealed. P.L. 100–689, § 124(a).]

[§ 3487. Repealed. P.L. 92–540, § 401(6).]

SUBCHAPTER V—SPECIAL ASSISTANCE FOR THE

EDUCATIONALLY DISADVANTAGED

§ 3490. Purpose

It is the purpose of this subchapter (1) to encourage and assist

veterans who have academic deficiencies to attain a high school

education or its equivalent and to qualify for and pursue courses

of higher education, (2) to assist eligible veterans to pursue postsecondary education through tutorial assistance where required, and

(3) to encourage educational institutions to develop programs which

provide special tutorial, remedial, preparatory, or other educational

or supplementary assistance to such veterans.

(Added P.L. 91–219, § 204(a)(4), Mar. 26, 1970, 84 Stat. 79, § 1690; renumbered

§ 3490, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3491. Elementary and secondary education and preparatory educational assistance

(a) In the case of any eligible veteran who— (1) has not received a secondary school diploma (or an

equivalency certificate), or

(2) is not on active duty and who, in order to pursue a program of education for which the veteran would otherwise be eligible, needs refresher courses, deficiency courses, or other preparatory or special educational assistance to qualify for admission to an appropriate educational institution,

the Secretary may, without regard to so much of the provisions of

section 3471 of this title as prohibit the enrollment of an eligible

veteran in a program of education in which the veteran is ‘‘already

qualified’’, approve the enrollment of such veteran in an appropriate course or courses or other special educational assistance program.

(b)(1) The Secretary shall pay to an eligible veteran pursuing a

course or courses or program pursuant to subsection (a)(2) of this

section, an educational assistance allowance as provided in sections

3481 and 3482(a) or (b) of this title.

(2) The Secretary shall pay to an eligible veteran described in

subsection (a)(1) of this section who is pursuing a course or courses

or program under this subchapter for the purpose of attaining a

secondary school diploma (or an equivalency certificate) an educational assistance allowance (A) at the rate of established charges

for tuition and fees required of similarly circumstanced nonveterans enrolled in the same course, courses, or program, or (B)

at the institutional full-time rate provided in section 3482(a) of this

title, whichever is the lesser.

(c) The provisions of section 3473(d)(1) of this title, relating to

the disapproval of enrollment in certain courses, shall be applicable

to the enrollment of an eligible veteran who, while serving on active duty, enrolls in one or more courses under this subchapter for
399 CH. 34—VETERANS’ EDUCATIONAL ASSISTANCE § 3493

the purpose of attaining a secondary school diploma (or an equivalency certificate).

(Added P.L. 91–219, § 204(a)(4), Mar. 26, 1970, 84 Stat. 79, § 1691; amended P.L.

92–540, § 305, Oct. 24, 1972, 86 Stat. 1081; P.L. 94–502, § 211(12), Oct. 15, 1976,

90 Stat. 2389; P.L. 96–466, § 311, Oct. 17, 1980, 94 Stat. 2194; P.L. 97–295, § 4(43),

Oct. 12, 1982, 96 Stat. 1308; P.L. 97–306, § 203(b), Oct. 14, 1982, 96 Stat. 1434; P.L.

101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3491 and

amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 3492. Tutorial assistance

(a) In the case of any eligible veteran who—

(1) is enrolled in and pursuing a postsecondary course of

education on a half-time or more basis at an educational institution; and

(2) has a deficiency in a subject required as a part of, or

which is prerequisite to, or which is indispensable to the satisfactory pursuit of, an approved program of education,

the Secretary may approve individualized tutorial assistance for

such veteran if such assistance is necessary for the veteran to complete such program successfully.

(b) The Secretary shall pay to an eligible veteran receiving tutorial assistance pursuant to subsection (a) of this section, in addition

to the educational assistance allowance provided in section 3482 of

this title, the cost of such tutorial assistance in an amount not to

exceed $100 per month, for a maximum of twelve months, or until

a maximum of $1,200 is utilized, upon certification by the educational institution that—

(1) the individualized tutorial assistance is essential to correct a deficiency of the eligible veteran in a subject required as

a part of, or which is prerequisite to, or which is indispensable

to the satisfactory pursuit of, an approved program of education;

(2) the tutor chosen to perform such assistance is qualified

and is not the eligible veteran’s parent, spouse, child (whether

or not married or over eighteen years of age), brother, or sister;

and

(3) the charges for such assistance do not exceed the customary charges for such tutorial assistance.

(Added P.L. 91–219, § 204(a)(4), Mar. 26, 1970, 84 Stat. 80, § 1692; amended P.L.

92–540, § 306, Oct. 24, 1972, 86 Stat. 1081; P.L. 93–508, § 206, Dec. 3, 1974, 88 Stat.

1583; P.L. 94–502, § 209, Oct. 15, 1976, 90 Stat. 2388; P.L. 95–202, § 102(5), Nov.

23, 1977, 91 Stat. 1434; P.L. 96–466, §§ 201(5), 211(5), § 312, Oct. 17, 1980, 94 Stat.

2188, 2190, 2195; P.L. 98–543, § 202(4), Oct. 24, 1984, 98 Stat. 2742; P.L. 100–689,

§ 107(c)(1), (2)(A), Nov. 18, 1988, 102 Stat. 4169; P.L. 101–237, § 423(b)(1)(A), Dec.

18, 1989, 103 Stat. 2092; renumbered § 3492 and amended P.L. 102–83, § 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406.)

§ 3493. Effect on educational entitlement

The educational assistance allowance or cost of individualized tutorial assistance authorized by this subchapter shall be paid without charge to any period of entitlement the veteran may have

earned pursuant to section 3461(a) of this title.

(Added P.L. 91–219, § 204(a)(4), Mar. 26, 1970, 84 Stat. 80, § 1693; renumbered

§ 3493 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
§ 3495 CH. 34—VETERANS’ EDUCATIONAL ASSISTANCE 400

SUBCHAPTER VI—[REPEALED]

[§§ 3495–3498. Repealed. P.L. 96–466, § 601(a)(1).]
(401)

CHAPTER 35—SURVIVORS’ AND DEPENDENTS’

EDUCATIONAL ASSISTANCE

SUBCHAPTER I—DEFINITIONS

Sec.

3500. Purpose.

3501. Definitions.

SUBCHAPTER II—ELIGIBILITY AND ENTITLEMENT

3510. Eligibility and entitlement generally.

3511. Duration of educational assistance.

3512. Periods of eligibility.

3513. Application.

3514. Processing of applications.

SUBCHAPTER III—PROGRAM OF EDUCATION

3520. Educational and vocational counseling.

3521. Approval of application.

3522. [Repealed.]

3523. Disapproval of enrollment in certain courses.

3524. Discontinuance for unsatisfactory progress.

3525. [Repealed.]

3526. [Repealed.]

SUBCHAPTER IV—PAYMENTS TO ELIGIBLE PERSONS

3531. Educational assistance allowance.

3532. Computation of educational assistance allowance.

3533. Special assistance for the educationally disadvantaged.

3534. Apprenticeship or other on-job training; correspondence courses.

3535. Approval of courses.

3536. Specialized vocational training courses.

3537. Work-study allowance.

3538. [Repealed.]

SUBCHAPTER V—SPECIAL RESTORATIVE TRAINING

3540. Purpose.

3541. Entitlement to special restorative training.

3542. Special training allowance.

3543. Special administrative provisions.

SUBCHAPTER VI—MISCELLANEOUS PROVISIONS

3561. Authority and duties of Secretary.

3562. Nonduplication of benefits.

3563. Notification of eligibility.

3564. Annual adjustment of amounts of educational assistance.

SUBCHAPTER VII—PHILIPPINE COMMONWEALTH ARMY AND PHILIPPINE SCOUTS

3565. Children of certain Philippine veterans.

3566. Definitions.

SUBCHAPTER I—DEFINITIONS

§ 3500. Purpose

The Congress hereby declares that the educational program established by this chapter is for the purpose of providing opportunities for education to children whose education would otherwise be
§ 3500 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. 402

impeded or interrupted by reason of the disability or death of a

parent from a disease or injury incurred or aggravated in the

Armed Forces after the beginning of the Spanish-American War,

and for the purpose of aiding such children in attaining the educational status which they might normally have aspired to and obtained but for the disability or death of such parent. The Congress

further declares that the educational program extended to the surviving spouses of veterans who died of service-connected disabilities

and to spouses of veterans with a service-connected total disability

permanent in nature is for the purpose of assisting them in preparing to support themselves and their families at a standard of

living level which the veteran, but for the veteran’s death or service disability, could have expected to provide for the veteran’s family.

(Added P.L. 90–631, § 2(a)(1), Oct. 23, 1968, 82 Stat. 1331, § 1700; amended P.L. 94– 502, § 310(1), Oct. 15, 1976, 90 Stat. 2391; renumbered § 3500, P.L. 102–83, § 5(a),

Aug. 6, 1991, 105 Stat. 406.)

§ 3501. Definitions

(a) For the purposes of this chapter and chapter 36 of this title— (1) The term ‘‘eligible person’’ means— (A) a child of a person who— (i) died of a service-connected disability,

(ii) has a total disability permanent in nature resulting from a service-connected disability, or who died

while a disability so evaluated was in existence, or

(iii) at the time of application for benefits under this

chapter is a member of the Armed Forces serving on

active duty listed, pursuant to section 556 of title 37,

and regulations issued thereunder, by the Secretary

concerned in one or more of the following categories

and has been so listed for a total of more than ninety

days: (A) missing in action, (B) captured in line of duty

by a hostile force, or (C) forcibly detained or interned

in line of duty by a foreign government or power.

(B) the surviving spouse of any person who died of a

service-connected disability,

(C) the spouse of any member of the Armed Forces serving on active duty who, at the time of application for benefits under this chapter is listed, pursuant to section 556 of

title 37, and regulations issued thereunder, by the Secretary concerned in one or more of the following categories

and has been so listed for a total of more than ninety days:

(i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of

duty by a foreign government or power, or

(D)(i) the spouse of any person who has a total disability

permanent in nature resulting from a service-connected

disability, or (ii) the surviving spouse of a veteran who

died while a disability so evaluated was in existence,

arising out of active military, naval, or air service after the beginning of the Spanish-American War, but only if such service

did not terminate under dishonorable conditions. The standards and criteria for determining whether or not a disability
403 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. § 3501

arising out of such service is service connected shall be those

applicable under chapter 11 of this title.

(2) The term ‘‘child’’ includes individuals who are married

and individuals who are above the age of twenty-three years.

(3) The term ‘‘duty with the Armed Forces’’ as used in section 3512 of this title means (A) active duty, (B) active duty for

training for a period of six or more consecutive months, or (C)

active duty for training required by section 12103(d) of title 10.

(4) The term ‘‘guardian’’ includes a fiduciary legally appointed by a court of competent jurisdiction, or any other person who has been appointed by the Secretary under section

5502 of this title to receive payment of benefits for the use and

benefit of the eligible person.

(5) 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 the requirements for the attainment of a predetermined and identified educational, professional, or vocational objective. Such term also includes any preparatory

course described in section 3002(3)(B) of this title. 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.

(6) The term ‘‘educational institution’’ means any public or

private secondary school, vocational school, correspondence

school, business school, junior college, teachers’ college, college,

normal school, professional school, university, or scientific or

technical institution, or any other institution if it furnishes

education at the secondary school level or above. 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).

(7) The term ‘‘special restorative training’’ means training

furnished under subchapter V of this chapter.

(8) The term ‘‘total disability permanent in nature’’ means

any disability rated total for the purposes of disability compensation which is based upon an impairment reasonably certain to continue throughout the life of the disabled person.

(9) The term ‘‘training establishment’’ 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 of vocational education, or any

joint apprenticeship committee, or the Bureau of Apprentice-
§ 3501 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. 404

ship 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.

(10) 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 by the secretary of education (or comparable official) of

the country or other jurisdiction in which the institution is located.

(11) The term ‘‘standard college degree’’ means an associate

or higher degree awarded by (A) an institution of higher learning that is accredited as a collegiate institution by a recognized

regional or national accrediting agency; or (B) an institution of

higher learning that is a ‘‘candidate’’ for accreditation as that

term is used by the regional or national accrediting agencies;

or (C) 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.

(b) If an eligible person has attained the person’s majority and

is under no known legal disability, all references in this chapter to

‘‘parent or guardian’’ shall refer to the eligible person.

(c) Any provision of this chapter which requires any action to be

taken by or with respect to the parent or guardian of an eligible

person who has not attained such person’s majority, or who, having

attained such person’s majority, is under a legal disability, shall

not apply when the Secretary determines that its application would

not be in the best interest of the eligible person, would result in

undue delay, or would not be administratively feasible. In such a

case the Secretary, where necessary to protect the interest of the

eligible person, may designate some other person (who may be the

eligible person) as the person by or with respect to whom the action

so required should be taken.

(d) No eligible person may be afforded educational assistance

under this chapter unless such person was discharged or released

after each period such person was on duty with the Armed Forces

under conditions other than dishonorable, or while such person is

on duty with the Armed Forces.
405 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. § 3511

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1193, § 1701; P.L. 86–236, § 1, Sept. 8, 1959,

73 Stat. 471; P.L. 86–785, §§ 1–3, Sept. 14, 1960, 74 Stat. 1023; P.L. 88–361, § 1,

July 7, 1964, 78 Stat. 297; P.L. 89–222, § 3, Sept. 30, 1965, 79 Stat. 896; P.L. 89– 349, § 1, Nov. 8, 1965, 79 Stat. 1313; P.L. 89–358, § 4(j), Mar. 3, 1966, 80 Stat. 24;

P.L. 90–631, § 2(b), (c), Oct. 23, 1968, 82 Stat. 1332; P.L. 91–24, § 9(a), June 11,

1969, 83 Stat. 34; P.L. 91–584, § 1, Dec. 24, 1970, 84 Stat. 1575; P.L. 92–540, § 309,

Oct. 24, 1972, 86 Stat. 1083; P.L. 93–295, § 302, May 31, 1974, 88 Stat. 184; P.L.

94–502, §§ 302, 310(2)–(5), Oct. 15, 1976, 90 Stat. 2389, 2391; P.L. 96–466, § 327(a),

§ 801(c), Oct. 17, 1980, 94 Stat. 2197, 2216; P.L. 98–160, § 702(12), Nov. 21, 1983,

97 Stat. 1009; P.L. 101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; P.L. 102– 40, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 3501 and amended P.L.

102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 104–106, § 1501(e)(2)(C), Feb.

10, 1996, 110 Stat. 501; P.L. 106–419, §§ 114(a), 122(a), Nov. 1, 2000, 114 Stat.

1833; P.L. 107–103, §§ 108(a), 110(a), Dec. 27, 2001, 115 Stat. 985, 986.)

SUBCHAPTER II—ELIGIBILITY AND ENTITLEMENT

§ 3510. Eligibility and entitlement generally

Each eligible person shall, subject to the provisions of this chapter, be entitled to receive educational assistance.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1194, § 1710; renumbered § 3510, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3511. Duration of educational assistance

(a)(1) Each eligible person shall be entitled to educational assistance under this chapter for a period not in excess of 45 months (or

to the equivalent thereof in part-time training). 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.

(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; 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.
§ 3511 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. 406

(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 the provisions of section 3501(a)(1)(A)(iii) or

3501(a)(1)(C) of this title is no longer listed in one of the categories specified therein, or

(3) the spouse, as an eligible person under section

3501(a)(1)(D) of this title, is divorced, without fault on such

person’s part, from the person upon whose disability such person’s eligibility is based,

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.

(c) 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.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1194, § 1711; P.L. 88–361, § 2, July 7, 1964,

78 Stat. 297; P.L. 89–358, § 4(k), Mar. 3, 1966, 80 Stat. 24; P.L. 90–631, §§ 1(c), 2(d),

Oct. 23, 1968, 82 Stat. 1331, 1332; P.L. 91–24, § 9(b), June 11, 1969, 83 Stat. 34;

P.L. 91–584, § 2, Dec. 24, 1970, 84 Stat. 1575; P.L. 94–502, §§ 303, 310(6), Oct. 15,

1976, 90 Stat. 2390, 2391; renumbered § 3511 and amended P.L. 102–83, § 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–127, § 2(c), Oct. 10, 1991, 105 Stat. 620;

P.L. 107–103, §§ 103(a), 108(b)(1), (c)(1), Dec. 27, 2001, 115 Stat. 979, 985.)

§ 3512. Periods of eligibility

(a) The educational assistance to which an eligible person (within

the meaning of section 3501(a)(1)(A) of this title) is entitled under

section 3511 of this title or subchapter V of this chapter may be

afforded the person during the period beginning on the person’s

eighteenth birthday, or on the successful completion of the person’s

secondary schooling, whichever first occurs, and ending on the person’s twenty-sixth birthday, except that— (1) if the person is above the age of compulsory school attendance under applicable State law, and the Secretary determines that the person’s best interests will be served thereby,

such period may begin before the person’s eighteenth birthday;

(2) if the person has a mental or physical handicap, and the

Secretary determines that the person’s best interests will be

served by pursuing a program of special restorative training or

a specialized course of vocational training approved under section 3536 of this title, such period may begin before the person’s eighteenth birthday, but not before the person’s fourteenth birthday;

(3) if the Secretary first finds that the parent from whom eligibility is derived has a service-connected total disability per-
407 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. § 3512

manent in nature, or if the death of the parent from whom eligibility is derived occurs, after the eligible person’s eighteenth

birthday but before the person’s twenty-sixth birthday, then

(unless paragraph (4) applies) such period shall end 8 years

after the date that is elected by that person to be the beginning date of entitlement under section 3511 of this title or subchapter V of this chapter if— (A) the Secretary approves that beginning date;

(B) the eligible person elects that beginning date by not

later than the end of the 60-day period beginning on the

date on which the Secretary provides written notice to that

person of that person’s opportunity to make such election,

such notice including a statement of the deadline for the

election imposed under this subparagraph; and

(C) that beginning date— (i) in the case of a person whose eligibility is based

on a parent who has a service-connected total disability permanent in nature, is the date determined

pursuant to subsection (d); and

(ii) in the case of a person whose eligibility is based

on the death of a parent, is between—

(I) the date of the parent’s death; and

(II) the date of the Secretary’s decision that the

death was service-connected;

(4) if the person serves on duty with the Armed Forces as an

eligible person after the person’s eighteenth birthday but before the person’s twenty-sixth birthday, then such period shall

end 8 years after the person’s first discharge or release from

such duty with the Armed Forces (excluding from such 8 years

all periods during which the eligible person served on active

duty before August 1, 1962, pursuant to (A) a call or order

thereto issued to the person as a Reserve after July 30, 1961,

or (B) an extension of enlistment, appointment, or period of

duty with the Armed Forces pursuant to section 2 of Public

Law 87–117); however, in no event shall such period be extended beyond the person’s thirty-first birthday by reason of

this paragraph;

(5) if the person becomes eligible by reason of the provisions

of section 3501(a)(1)(A)(iii) of this title after the person’s eighteenth birthday but before the person’s twenty-sixth birthday,

then (unless paragraph (4) applies) such period shall end eight

years after the date on which the person becomes eligible by

reason of such provisions, but in no event shall such period be

extended beyond the person’s thirty-first birthday by reason of

this clause;

(6)(A) if such person is enrolled in an educational institution

regularly operated on the quarter or semester system and such

period ends during a quarter or semester, such period shall be

extended to the end of the quarter or semester; or

(B) if such person is enrolled in an educational institution

operated on other than a quarter or semester system and such

period ends after a major portion of the course is completed,

such period shall be extended to the end of the course, or until

12 weeks have expired, whichever first occurs; and
§ 3512 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. 408

(7) if the person is pursuing a preparatory course described

in section 3002(3)(B) of this title, such period may begin on the

date that is the first day of such course pursuit, notwithstanding that such date may be before the person’s eighteenth

birthday, except that in no case may such person be afforded

educational assistance under this chapter for pursuit of secondary schooling unless such course pursuit would otherwise

be authorized under this subsection.

(b)(1)(A) Except as provided in subparagraph (B), a person made

eligible by subparagraph (B) or (D) of section 3501(a)(1) of this title

may be afforded educational assistance under this chapter during

the 10-year period beginning on the date (as determined by the

Secretary) the person becomes an eligible person within the meaning of section 3501(a)(1)(B), 3501(a)(1)(D)(i), or 3501(a)(1)(D)(ii) of

this title. In the case of a surviving spouse made eligible by clause

(ii) of section 3501(a)(1)(D) of this title, the 10-year period may not

be reduced by any earlier period during which the person was eligible for educational assistance under this chapter as a spouse made

eligible by clause (i) of that section.

(B) Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph may, subject to the Secretary’s approval, elect a later beginning date for the 10-year period than

would otherwise be applicable to the person under that subparagraph. The beginning date so elected may be any date between the

beginning date determined for the person under subparagraph (A)

and whichever of the following dates applies:

(i) The date on which the Secretary notifies the veteran from

whom eligibility is derived that the veteran has a service-connected total disability permanent in nature.

(ii) The date on which the Secretary determines that the veteran from whom eligibility is derived died of a service-connected disability.

(2) Notwithstanding the provisions of paragraph (1) of this subsection, in the case of any eligible person (as defined in section

3501(a)(1)(B), (C), or (D) of this title) who was prevented from initiating or completing such person’s chosen program of education

within such period because of a physical or mental disability which

was not the result of such person’s own willful misconduct, such

person shall, upon application made within one year after (A) the

last date of the delimiting period otherwise applicable under this

section, (B) the termination of the period of mental or physical disability, or (C) October 1, 1980, whichever is the latest, be granted

an extension of the applicable delimiting period for such length of

time as the Secretary determines, from the evidence, that such person was so prevented from initiating or completing such program

of education. When an extension of the applicable delimiting period

is granted under the exception in the preceding sentence, the delimiting period will again begin running on the first day following

such eligible person’s recovery from such disability on which it is

reasonably feasible, as determined in accordance with regulations

which the Secretary shall prescribe, for such eligible person to initiate or resume pursuit of a program of education with educational

assistance under this chapter.
409 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. § 3512

(c) Notwithstanding the provisions of subsection (a) of this section, an eligible person may be afforded educational assistance beyond the age limitation applicable to such person under such subsection if (1) such person suspends pursuit of such person’s program of education after having enrolled in such program within the

time period applicable to such person under such subsection, (2)

such person is unable to complete such program after the period of

suspension and before attaining the age limitation applicable to

such person under such subsection, and (3) the Secretary finds that

the suspension was due to conditions beyond the control of such

person; but in no event shall educational assistance be afforded

such person by reason of this subsection beyond the age limitation

applicable to such person under subsection (a) of this section plus

a period of time equal to the period such person was required to

suspend the pursuit of such person’s program, or beyond such person’s thirty-first birthday, whichever is earlier.

(d) The term ‘‘first finds’’ as used in this section means the effective date of the rating or date of notification to the veteran from

whom eligibility is derived establishing a service-connected total

disability permanent in nature whichever is more advantageous to

the eligible person.

(e) No person made eligible by section 3501(a)(1)(C) of this title

may be afforded educational assistance under this chapter beyond

10 years after the date on which the spouse was listed by the Secretary concerned in one of the categories referred to in such section

or December 24, 1970, whichever last occurs.

(f) Any eligible person (as defined in section 3501(a)(1)(B), (C), or

(D) of this chapter) shall be entitled to an additional period of eligibility for an education loan under subchapter III of chapter 36 of

this title beyond the maximum period provided for in this section

pursuant to the same terms and conditions set forth with respect

to an eligible veteran in section 3462(a)(2) of this title.

ø(g) Repealed. P.L. 107–103, § 108(b)(2).¿

(h) Notwithstanding any other provision of this section, if an eligible person, during the delimiting period otherwise applicable to

such person under this section, serves on active duty pursuant to

an order to active duty issued under section 688, 12301(a),

12301(d), 12301(g), 12302, or 12304 of title 10, such person shall

be granted an extension of such delimiting period for the length of

time equal to the period of such active duty plus four months.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1194, § 1712; P.L. 87–815, § 2(a), Oct. 15, 1962,

76 Stat. 926; P.L. 87–819, § 2, Oct. 15, 1962, 76 Stat. 935; P.L. 88–361, § 3, July

7, 1964, 78 Stat. 297; P.L. 90–77, § 307(a), Aug. 31, 1967, 81 Stat. 189; P.L. 90–631,

§ 2(e), Oct. 23, 1968, 82 Stat. 1333; P.L. 91–219, § 208, Mar. 26, 1970, 84 Stat. 83;

P.L. 91–584, § 3, Dec. 24, 1970, 84 Stat. 1575; P.L. 92–540, § 402(1), Oct. 24, 1972,

86 Stat. 1090; P.L. 93–337, § 2, July 10, 1974, 88 Stat. 292; P.L. 94–502, §§ 304,

310(7)–(9), Oct. 15, 1976, 90 Stat. 2390, 2391; P.L. 95–202, § 203(a)(2), (b)(2), Nov.

23, 1977, 91 Stat. 1439, 1440; P.L. 96–466, §§ 321, 322, Oct. 17, 1980, 94 Stat. 2195;

P.L. 97–66, § 605(a), Oct. 17, 1981, 95 Stat. 1036; P.L. 97–295, § 4(44), Oct. 12, 1982,

96 Stat. 1308; P.L. 98–160, § 702(13), Nov. 21, 1983, 97 Stat. 1009; P.L. 99–576,

§ 313, Oct. 28, 1986, 100 Stat. 3273; P.L. 101–237, § 423(b)(1)(A), Dec. 18, 1989, 103

Stat. 2092; renumbered § 3512 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406; P.L. 106–419, §§ 112, 114(b), Nov. 1, 2000, 114 Stat. 1831, 1833; P.L.

107–14, §§ 7(f)(1), 8(a)(6), June 5, 2001, 115 Stat. 33, 34; P.L. 107–103, §§ 103(b),

108(b)(2), (c)(2), (3), Dec. 27, 2001, 115 Stat. 979, 985.)
§ 3513 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. 410

§ 3513. Application

The parent or guardian of a person or the eligible person if such

person has attained legal majority for whom educational assistance

is sought under this chapter shall submit an application to the Secretary which shall be in such form and contain such information

as the Secretary shall prescribe. If the Secretary finds that the person on whose behalf the application is submitted is an eligible person, the Secretary shall approve the application provisionally. The

Secretary shall notify the parent or guardian or eligible person (if

the person has attained legal majority) of the provisional approval

or of the disapproval of the application.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1195, § 1713; P.L. 94–502, § 305, Oct. 15, 1976,

90 Stat. 2390; P.L. 101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3513, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3514. Processing of applications

(a) Further processing of an application for educational assistance and the award of such assistance shall be pursuant to the requirements of subchapters III and IV of this chapter unless the

parent or guardian requests special restorative training for the eligible person, in which case the application will be processed under

subchapter V of this chapter.

(b) If the request for special restorative training is approved,

educational assistance will be afforded pursuant to the terms of

subchapter V of this chapter. If the request for special restorative

training is disapproved, or if approved the restorative training is

completed or discontinued, any educational assistance subsequently

afforded will be in accordance with subchapters III and IV of this

chapter.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1195, § 1714; renumbered § 3514, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

SUBCHAPTER III—PROGRAM OF EDUCATION

§ 3520. Educational and vocational counseling

The Secretary may, upon request, arrange for educational or vocational counseling for persons eligible for benefits under this chapter to assist such persons in selecting their educational, vocational,

or professional objectives and in developing their programs of education.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1195, § 1720; P.L. 90–631, § 2(g), Oct. 23, 1968,

82 Stat. 1333; P.L. 91–584, § 4, Dec. 24, 1970, 84 Stat. 1576; P.L. 92–540, § 310, Oct.

24, 1972, 86 Stat. 1083; P.L. 94–502, § 310(10), Oct. 15, 1976, 90 Stat. 2391; P.L.

96–466, § 323(a), Oct. 17, 1980, 94 Stat. 2196; P.L. 97–295, § 4(45), Oct. 12, 1982,

96 Stat. 1308; P.L. 99–576, § 314(a), Oct. 28, 1986, 100 Stat. 3273; P.L. 101–237,

§ 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3520, P.L. 102–83, § 5(a),

Aug. 6, 1991, 105 Stat. 406.)

§ 3521. Approval of application

The Secretary shall approve an application if the Secretary finds

that—

(1) the proposed program of education constitutes a ‘‘program

of education’’ as that term is defined in this chapter;
411 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. § 3523

(2) the eligible person is not already qualified, by reason of

previous education or training, for the educational, professional, or vocational objective for which the program of education is offered;

(3) the eligible person’s proposed educational institution or

training establishment is in compliance with all the requirements of this chapter and chapter 36 of this title; and

(4) it does not appear that the enrollment in or pursuit of

such person’s program of education would violate any provisions of this chapter or chapter 36 of this title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1196, § 1721; P.L. 94–502, § 310(11), Oct. 15,

1976, 90 Stat. 2391; P.L. 96–466, § 324, Oct. 17, 1980, 94 Stat. 2196; P.L. 99–576,

§ 314(b)(1), (2), Oct. 28, 1986, 100 Stat. 3273; P.L. 101–237, § 423(b)(1)(A), Dec. 18,

1989, 103 Stat. 2092; renumbered § 3521, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat.

406.)

[§ 3522. Repealed. P.L. 92–540, § 402(2).]

§ 3523. Disapproval of enrollment in certain courses

(a) The Secretary shall not approve the enrollment of an eligible

person in— (1) any bartending course or personality development course;

(2) any sales or sales management course which does not

provide specialized training within a specific vocational field;

(3) any type of course which the Secretary finds to be avocational or recreational in character (or the advertising for which

the Secretary finds contains significant avocational or recreational themes) unless the eligible person submits justification showing that the course will be of bona fide use in the

pursuit of the person’s present or contemplated business or occupation; or

(4) any independent study program except an accredited

independent study program (including open circuit television)

leading to a standard college degree.

(b) The Secretary shall not approve the enrollment of an eligible

person in any course of flight training other than one given by an

educational institution of higher learning for credit toward a standard college degree the eligible person is seeking.

(c) The Secretary shall not approve the enrollment of an eligible

person in any course to be pursued by radio.

(d) The Secretary shall not approve the enrollment of an eligible

person in any course which is to be pursued as a part of such person’s regular secondary school education (except as provided in section 3533 of this title), but this subsection shall not prevent the enrollment of an eligible person in a course not leading to a standard

college degree if the Secretary finds that such person has ended

such person’s secondary school education (by completion or otherwise) and that such course is a specialized vocational course pursued for the purpose of qualifying in a bona fide vocational objective.

(e) An eligible person may not enroll in any course at an educational institution which is not located in a State or in the Republic of the Philippines, unless such course is pursued at an approved

institution of higher learning and the course is approved by the

Secretary. The Secretary, in the Secretary’s discretion, may deny or
§ 3525 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. 412

discontinue educational assistance under this chapter in the case

of any eligible person in such an institution if the Secretary determines that such enrollment is not in the best interest of the eligible

person or the Federal Government.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1196, § 1723; P.L. 86–785, § 4, Sept. 14, 1960,

74 Stat. 1024; P.L. 87–546, July 25, 1962, 76 Stat. 216; P.L. 91–219, § 209, Mar.

26, 1970, 84 Stat. 83; P.L. 92–540, § 311, Oct. 24, 1972, 86 Stat. 1083; P.L. 93–508,

§ 207, Dec. 3, 1974, 88 Stat. 1583; P.L. 94–502, §§ 306, 310(12)–(14), Oct. 15, 1976,

90 Stat. 2390, 2392; P.L. 96–466, §§ 325, 326, 327(b), Oct. 17, 1980, 94 Stat. 2196,

2197; P.L. 97–306, § 202(b), Oct. 14, 1982, 96 Stat. 1433; P.L. 101–237,

§ 423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3523 and amended

P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–568, § 313(a)(7), Oct.

29, 1992, 106 Stat. 4333; P.L. 104–275, § 104(b), Oct. 9, 1996, 110 Stat. 3327.)

§ 3524. Discontinuance for unsatisfactory progress

The Secretary shall discontinue the educational assistance allowance on behalf of an eligible person if, at any time, the Secretary

finds that according to the regularly prescribed standards and

practices of the educational institution such person is attending,

the person’s attendance, conduct, or progress is unsatisfactory. The

Secretary may renew the payment of the educational assistance allowance only if the Secretary finds that— (1) the eligible person will be resuming enrollment at the

same educational institution in the same program of education

and the educational institution has both approved such eligible

person’s reenrollment and certified it to the Department of Veterans Affairs; or

(2) in the case of a proposed change of either educational institution or program of education by the eligible person— (A) the cause of the unsatisfactory attendance, conduct,

or progress has been removed;

(B) the program proposed to be pursued is suitable to

the eligible person’s aptitudes, interests, and abilities; and

(C) if a proposed change of program is involved, the

change meets the requirements for approval under section

3691 of this title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1197, § 1724; P.L. 94–502, §§ 307, 310(15), Oct.

15, 1976, 90 Stat. 2390, 2392; P.L. 95–202, § 305(b)(1), Nov. 23, 1977, 91 Stat. 1443;

P.L. 96–466, § 328, Oct. 17, 1980, 94 Stat. 2197; P.L. 101–237, §§ 411(b), 412(b),

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2085, 2092; renumbered § 3524 and

amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

[§ 3525. Repealed. P.L. 92–540, § 402(2).]

[§ 3526. Repealed. P.L. 89–358, § 3(a).]

SUBCHAPTER IV—PAYMENTS TO ELIGIBLE PERSONS

§ 3531. Educational assistance allowance

(a) The Secretary shall, in accordance with the provisions of

chapter 36 of this title, pay to the parent or guardian of each eligible person who is pursuing a program of education under this chapter, and who applies therefor on behalf of such eligible person, an

educational assistance allowance to meet, in part, the expenses of

the eligible person’s subsistence, tuition, fees, supplies, books,

equipment, and other educational costs.
413 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. § 3532

(b) The educational assistance allowance of an eligible person

pursuing a program of education at an educational institution shall

be paid as provided in chapter 36 of this title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1197, § 1731; P.L. 89–358, § 4(l), Mar. 3, 1966,

80 Stat. 24; P.L. 92–540, § 312, Oct. 24, 1972, 86 Stat. 1083; P.L. 94–502, §§ 309(c),

310(16), Oct. 15, 1976, 90 Stat. 2391, 2392; P.L. 96–466, § 329, Oct. 17, 1980, 94

Stat. 2197; P.L. 101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered

§ 3531, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3532. Computation of educational assistance allowance

(a)(1) The educational assistance allowance on behalf of an eligible person who is pursuing a program of education consisting of institutional courses shall be paid at the monthly rate of $670 for

full-time, $503 for three-quarter-time, or $335 for half-time pursuit.

(2) The educational assistance allowance on behalf of an eligible

person pursuing a program of education on less than a half-time

basis shall be paid at the rate of (A) the established charges for tuition and fees that the educational institution involved requires

similarly circumstanced nonveterans enrolled in the same program

to pay, or (B) $670 per month for a full-time course, whichever is

the lesser.

(b) The educational assistance allowance to be paid on behalf of

an eligible person who is pursuing a full-time program of education

which consists of institutional courses and alternate phases of

training in a business or industrial establishment with the training

in the business or industrial establishment being strictly supplemental to the institutional portion, shall be computed at the rate

of $670 per month.

(c)(1) An eligible person who is enrolled in an educational institution for a ‘‘farm cooperative’’ program consisting of institutional agricultural courses prescheduled to fall within forty-four weeks of

any period of twelve consecutive months and who pursues such

program on—

(A) a full-time basis (a minimum of ten clock hours per week

or four hundred and forty clock hours in such year

prescheduled to provide not less than eighty clock hours in any

three-month period),

(B) a three-quarter-time basis (a minimum of seven clock

hours per week), or

(C) a half-time basis (a minimum of five clock hours per

week),

shall be eligible to receive an educational assistance allowance at

the appropriate rate provided in paragraph (2) of this subsection,

if such eligible person is concurrently engaged in agricultural employment which is relevant to such institutional agricultural

courses as determined under standards prescribed by the Secretary. In computing the foregoing clock hour requirements there

shall be included the time involved in field trips and individual and

group instruction sponsored and conducted by the educational institution through a duly authorized instructor of such institution in

which the person is enrolled.

(2) The monthly educational assistance allowance to be paid on

behalf of an eligible person pursuing a farm cooperative program
§ 3532 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. 414

under this chapter shall be $541 for full-time, $406 for three-quarter-time, and $271 for half-time pursuit.

(d) If a program of education is pursued by an eligible person at

an institution located in the Republic of the Philippines, the educational assistance allowance computed for such person under this

section shall be paid at the rate of $0.50 for each dollar.

(e) In the case of an eligible person who is pursuing a program

of education under this chapter while incarcerated in a Federal,

State, or local penal institution for conviction of a felony, the educational assistance allowance shall be paid in the same manner

prescribed in section 3482(g) of this title for incarcerated veterans,

except that the references therein to the monthly educational assistance allowance prescribed for a veteran with no dependents

shall be deemed to refer to the applicable allowance payable to an

eligible person under corresponding provisions of this chapter or

chapter 36 of this title, as determined by the Secretary.

(f)(1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a licensing or certification test

described in section 3501(a)(5) of this title is the lesser of $2,000

or the fee charged for the test.

(2) The number of months of entitlement charged in the case of

any individual for such licensing or certification test is equal to the

number (including any fraction) determined by dividing the total

amount paid to such individual for such test by the full-time

monthly institutional rate of the educational assistance allowance

which, except for paragraph (1), such individual would otherwise be

paid under this chapter.

(3) In no event shall payment of educational assistance under

this subsection for such a test exceed the amount of the individual’s

available entitlement under this chapter.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1198, § 1732; P.L. 89–222, § 1, Sept. 30, 1965,

79 Stat. 896; P.L. 91–219, § 104(a), (b), § 210, Mar. 25, 1970, 84 Stat. 77, 78, 83;

P.L. 92–540, § 103(1)–(3), Oct. 24, 1972, 86 Stat. 1075, 1076; P.L. 93–508, § 103(1)–

(3), § 208, Dec. 3, 1974, 88 Stat. 1580, 1584; P.L. 93–602, § 204(a), Jan. 2, 1975, 88

Stat. 1958; P.L. 94–502, §§ 301(1), 308, Oct. 15, 1976, 90 Stat. 2389, 2390; P.L. 95–

202, § 103(1), Nov. 23, 1977, 91 Stat. 1434; P.L. 96–466, §§ 202(1), 212(1), § 330,

§ 602(b), Oct. 17, 1980, 94 Stat. 2188, 2190, 2198, 2209; P.L. 98–543, § 203(1), Oct.

24, 1984, 98 Stat. 2742; P.L. 101–237, §§ 403(a)(1)–(7), 423(b)(1)(A), Dec. 18, 1989,

103 Stat. 2078, 2079, 2092; P.L. 102–16, § 10(a)(6), Mar. 22, 1991, 105 Stat. 56; renumbered § 3532 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

406; P.L. 102–568, § 316(b), Oct. 29, 1992, 106 Stat. 4334; P.L. 103–446, § 507(b),

Nov. 2, 1994, 108 Stat. 4664; P.L. 104–275, § 105(c), Oct. 9, 1996, 110 Stat. 3327;

P.L. 105–206, § 8210(a), July 22, 1998, 112 Stat. 866; P.L. 106–419, §§ 111(a),

122(b)(4), Nov. 1, 2000, 114 Stat. 1830, 1834; P.L. 107–103, § 102(a), Dec. 27, 2001,

115 Stat. 978.)

§ 3533. Special assistance for the educationally disadvantaged

(a)(1) Any eligible person shall be entitled to the assistance provided an eligible veteran under section 3491(a) (if pursued in a

State) of this title and be paid an educational assistance allowance

therefor in the manner prescribed by section 3491(b) of this title,

except that the corresponding rate provisions of this chapter shall

apply, as determined by the Secretary, to such pursuit by an eligible person.
415 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. § 3536

(2) Educational assistance under this chapter for the first five

months of full-time pursuit of a program (or the equivalent thereof

in part-time educational assistance) consisting of such course or

courses shall be provided without charge to entitlement.

(b) Any eligible person shall, without charge to any entitlement

such person may have under section 3511 of this title, be entitled

to the benefits provided an eligible veteran under section 3492 of

this title.

(Added P.L. 92–540, § 313, Oct. 24, 1972, 86 Stat. 1084, § 1733; amended P.L. 94–

502, § 310(17), (18), Oct. 15, 1976, 90 Stat. 2392; P.L. 98–223, § 203(b), Mar. 2, 1984,

98 Stat. 41; P.L. 100–689, § 106(c), Nov. 18, 1988, 102 Stat. 4167; P.L. 101–237,

§ 403(a)(8), Dec. 18, 1989, 103 Stat. 2079; P.L. 102–16, § 10(a)(6), Mar. 22, 1991, 105

Stat. 56; renumbered § 3533 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406.)

§ 3534. Apprenticeship or other on-job training; correspondence courses

(a) Any eligible person shall be entitled to pursue, in a State, a

program of apprenticeship or other on-job training and be paid a

training assistance allowance as provided in section 3687 of this

title.

(b) Any eligible spouse or surviving spouse shall be entitled to

pursue a program of education exclusively by correspondence and

be paid an educational assistance allowance as provided in section

3686 (other than subsection (a)(2)) of this title and the period of

such spouse’s entitlement shall be charged with one month for each

$670 which is paid to the spouse as an educational assistance allowance for such course.

(Added P.L. 92–540, § 313, Oct. 24, 1972, 86 Stat. 1084, § 1734; amended P.L. 94–

502, § 310(19), Oct. 15, 1976, 90 Stat. 2392; P.L. 101–237, § 403(a)(9), Dec. 18, 1989,

103 Stat. 2079; renumbered § 3534 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406; P.L. 105–206, § 8210(b), July 22, 1998, 112 Stat. 866; P.L. 106–

419, § 111(b), Nov. 1, 2000, 114 Stat. 1830; P.L. 107–103, § 102(b), Dec. 27, 2001,

115 Stat. 978.)

§ 3535. Approval of courses

An eligible person shall receive the benefits of this chapter while

enrolled in a course of education offered by an educational institution only if such course (1) is approved in accordance with the provisions of subchapter I of chapter 36 of this title, or (2) is approved

for the enrollment of the particular individual under the provisions

of section 3536 of this title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1199, § 1735; P.L. 88–126, § 2, Sept. 23, 1963,

77 Stat. 162; P.L. 89–358, § 4(n), Mar. 3, 1966, 80 Stat. 25; P.L. 92–540, § 402(4),

Oct. 24, 1972, 86 Stat. 1090; renumbered § 3535 and amended P.L. 102–83, § 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 3536. Specialized vocational training courses

The Secretary may approve a specialized course of vocational

training leading to a predetermined vocational objective for the enrollment of an eligible person under this subchapter if the Secretary finds that such course, either alone or when combined with

other courses, constitutes a program of education which is suitable

for that person and is required because of a mental or physical

handicap.
§ 3536 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. 416

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1199, § 1737; P.L. 88–126, § 4, Sept. 23, 1963,

77 Stat. 162; renumbered § 1736, P.L. 92–540, § 402(3), Oct. 24, 1972, 86 Stat. 1090;

P.L. 94–502, § 310(20), Oct. 15, 1976, 90 Stat. 2392; amended P.L. 101–237,

§ 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3536, P.L. 102–83, § 5(a),

Aug. 6, 1991, 105 Stat. 406.)

§ 3537. Work-study allowance

(a) Subject to subsection (b) of this section, the Secretary shall

utilize, in connection with the activities described in section

3485(a) of this title, the services of any eligible person who is pursuing, in a State, at least a three-quarter-time program of education (other than a course of special restorative training) and shall

pay to such person an additional educational assistance allowance

(hereinafter in this section referred to as ‘‘work-study allowance’’)

in return for such eligible person’s agreement to perform such services. The amount of the work-study allowance shall be determined

in accordance with section 3485(a) of this title.

(b) The Secretary’s utilization of, and payment of a work-study

allowance for, the services of an eligible person pursuant to subsection (a) of this section shall be subject to the same requirements,

terms, and conditions as are set out in section 3485 of this title

with regard to individuals pursuing at least three-quarter-time programs of education referred to in subsection (b) of such section.

(Added P.L. 101–237, § 406(a)(1), Dec. 18, 1989, 103 Stat. 2082, § 1737; renumbered

§ 3537 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 107–

14, § 8(a)(16), June 5, 2001, 115 Stat. 35.)

[§ 3538. Repealed. P.L. 100–689, § 124(a).]

SUBCHAPTER V—SPECIAL RESTORATIVE TRAINING

§ 3540. Purpose

The purpose of special restorative training is to overcome, or

lessen, the effects of a manifest physical or mental disability which

would handicap an eligible person (as defined in subparagraphs

(A), (B), and (D) of section 3501(a)(1) of this title) in the pursuit

of a program of education.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1740; P.L. 96–466, § 331, Oct. 17, 1980,

94 Stat. 2198; renumbered § 3540 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406; P.L. 107–103, § 109(a), Dec. 27, 2001, 115 Stat. 986.)

§ 3541. Entitlement to special restorative training

(a) The Secretary at the request of an eligible person is

authorized— (1) to determine whether such person is in need of special restorative training; and

(2) where need is found to exist, to prescribe a course which

is suitable to accomplish the purposes of this chapter.

Such a course, at the discretion of the Secretary, may contain elements that would contribute toward an ultimate objective of a program of education.

(b) The total period of educational assistance under this subchapter and other subchapters of this chapter may not exceed the

amount of entitlement as established in section 3511 of this title,

except that the Secretary may extend such period in the case of
417 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. § 3543

any person if the Secretary finds that additional assistance is necessary to accomplish the purpose of special restorative training as

stated in subsection (a) of this section.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1741; P.L. 88–361, § 6, July 7, 1964,

78 Stat. 298; P.L. 94–502, § 310(21), Oct. 15, 1976, 90 Stat. 2392; P.L. 101–237,

§ 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3541 and amended P.L.

102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 107–103, § 109(b)(1), Dec. 27,

2001, 115 Stat. 986.)

§ 3542. Special training allowance

(a) While the eligible person is enrolled in and pursuing a fulltime course of special restorative training, the eligible person shall

be entitled to receive a special training allowance computed at the

basic rate of $670 per month. If the charges for tuition and fees applicable to any such course are more than $210 per calendar

month, the basic monthly allowance may be increased by the

amount that such charges exceed $210 a month, upon election by

the eligible person to have such person’s period of entitlement reduced by one day for each such increased amount of allowance that

is equal to one-thirtieth of the full-time basic monthly rate of special training allowance.

(b) No payments of a special training allowance shall be made for

the same period for which the payment of an educational assistance allowance is made or for any period during which the training

is pursued on less than a full-time basis.

(c) Full-time training for the purpose of this section shall be determined by the Secretary with respect to the capacities of the individual trainee.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1742; P.L. 89–222, § 2, Sept. 30, 1965,

79 Stat. 896; P.L. 91–219, § 104(c), Mar. 26, 1970, 84 Stat. 78; P.L. 92–540, § 103(4),

Oct. 24, 1972, 86 Stat. 1076; P.L. 93–508, § 103(4), Dec. 3, 1974, 88 Stat. 1580; P.L.

93–602, § 204(b), Jan. 2, 1975, 88 Stat. 1958; P.L. 94–502, § 301(2), Oct. 15, 1976,

90 Stat. 2389; P.L. 95–202, § 103(2), Nov. 23, 1977, 91 Stat. 1435; P.L. 96–466,

§§ 202(2), 212(2), Oct. 17, 1980, 94 Stat. 2188, 2190; P.L. 98–543, § 203(2), Oct. 24,

1984, 98 Stat. 2742; P.L. 101–237, §§ 403(a)(10), 423(b)(1)(A), Dec. 18, 1989, 103

Stat. 2080, 2092; renumbered § 3542, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat.

406; P.L. 105–206, § 8210(c), July 22, 1998, 112 Stat. 866; P.L. 106–419, § 111(c),

Nov. 1, 2000, 114 Stat. 1830; P.L. 107–103, §§ 102(c), 109(b)(2), Dec. 27, 2001, 115

Stat. 978, 986.)

§ 3543. Special administrative provisions

(a) In carrying out the Secretary’s responsibilities under this

chapter the Secretary may by agreement arrange with public or

private educational institutions or others to provide training arrangements as may be suitable and necessary to accomplish the

purposes of this subchapter. In any instance where the Secretary

finds that a customary tuition charge is not applicable, the Secretary may agree on the fair and reasonable amounts which may

be charged for the training provided to the eligible person.

(b) The Secretary shall make such rules and regulations as the

Secretary may deem necessary in order to promote good conduct on

the part of the persons who are following courses of special restorative training and otherwise to carry out the purposes of this chapter.
§ 3543 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. 418

(c) In a case in which the Secretary authorizes training under

section 3541(a) of this title on behalf of an eligible person, the parent or guardian shall be entitled— (1) to receive on behalf of the eligible person the special

training allowance provided for under section 3542(a) of this

title;

(2) to elect an increase in the basic monthly allowance provided for under such section; and

(3) to agree with the Secretary on the fair and reasonable

amounts which may be charged under subsection (a).

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1743; P.L. 94–502, § 310(22), Oct. 15,

1976, 90 Stat. 2392; P.L. 101–237, § 423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092;

renumbered § 3543, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; P.L. 107–103,

§ 109(b)(3), (4), Dec. 27, 2001, 115 Stat. 986.)

SUBCHAPTER VI—MISCELLANEOUS PROVISIONS

§ 3561. Authority and duties of Secretary

(a) The Secretary may provide the educational and vocational

counseling authorized under section 3520 of this title, and may provide additional counseling if the Secretary deems it to be necessary

to accomplish the purposes of this chapter.

(b) Where any provision of this chapter authorizes or requires

any function, power, or duty to be exercised by a State, or by any

officer or agency thereof, such function, power, or duty shall, with

respect to the Republic of the Philippines, be exercised by the Secretary.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1761; P.L. 89–358, § 3(a)(1), Mar. 3,

1966, 80 Stat. 19; P.L. 94–502, § 310(23), Oct. 15, 1976, 90 Stat. 2392; P.L. 96–466,

§ 323(b), Oct. 17, 1980, 94 Stat. 2196; P.L. 101–237, § 423(b)(1)(A), Dec. 18, 1989,

103 Stat. 2092; renumbered § 3561 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406.)

§ 3562. Nonduplication of benefits

The commencement of a program of education or special restorative training under this chapter shall be a bar (1) to subsequent

payments of compensation, dependency and indemnity compensation, or pension based on the death of a parent to an eligible person

over the age of eighteen by reason of pursuing a course in an educational institution, or (2) to increased rates, or additional

amounts, of compensation, dependency and indemnity compensation, or pension because of such a person whether eligibility is

based upon the death or upon the total permanent disability of the

parent.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1201, § 1762; P.L. 88–361, § 4, July 7, 1964,

78 Stat. 298; P.L. 89–358, § 3(a)(2), Mar. 3, 1966, 80 Stat. 20; renumbered § 3562,

P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3563. Notification of eligibility

The Secretary shall notify the parent or guardian of each eligible

person defined in section 3501(a)(1)(A) of this title of the educational assistance available to such person under this chapter.

Such notification shall be provided not later than the month in

which such eligible person attains such person’s thirteenth birthday or as soon thereafter as feasible.
419 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. § 3565

(Added P.L. 91–219, § 207(a), Mar. 26, 1970, 84 Stat. 82, § 1763; amended P.L. 94–

502, § 310(24), Oct. 15, 1976, 90 Stat. 2392; P.L. 97–295, § 4(46), Oct. 12, 1982, 96

Stat. 1308; P.L. 101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered

§ 3563 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 3564. Annual adjustment of amounts of educational assistance

With respect to any fiscal year, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under sections 3532, 3534(b), and 3542(a) of this title equal to

the percentage by which—

(1) the Consumer Price Index (all items, United States city

average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase

is made, exceeds

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

(Added P.L. 106–419, § 111(f)(1)(A), Nov. 1, 2000, 114 Stat. 1831.)

SUBCHAPTER VII—PHILIPPINE COMMONWEALTH ARMY

AND PHILIPPINE SCOUTS

§ 3565. Children of certain Philippine veterans

Basic Eligibility

(a) The term ‘‘eligible person’’ as used in section 3501(a)(1) of this

title includes the children of those Commonwealth Army veterans

and ‘‘New’’ Philippine Scouts who meet the requirements of serviceconnected disability or death, based on service as defined in section

3566 of this title.

Administrative Provisions

(b) The provisions of this chapter and chapter 36 shall apply to

the educational assistance for children of Commonwealth Army

veterans and ‘‘New’’ Philippine Scouts, except that—

(1) educational assistance allowances authorized by section

3532 of this title and the special training allowance authorized

by section 3542 of this title shall be paid at the rate of $0.50

for each dollar, and

(2) any reference to a State approving agency shall be

deemed to refer to the Secretary.

Delimiting Dates

(c) In the case of any individual who is an eligible person solely

by virtue of subsection (a) of this section, and who is above the age

of seventeen years and below the age of twenty-three years on September 30, 1966, the period referred to in section 3512 of this title

shall not end until the expiration of the five-year period which begins on September 30, 1966.

(Added P.L. 89–613, § 1, Sept. 30, 1966, 80 Stat. 861, § 1765; amended P.L. 91–24,

§ 9(c), June 11, 1969, 83 Stat. 34; P.L. 97–295, § 4(47), Oct. 12, 1982, 96 Stat. 1308;

P.L. 101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3565 and
§ 3565 CH. 35—SURVIVORS’ AND DEPENDENTS’ ED. ASST. 420

amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 103–446,

§ 507(b), Nov. 2, 1994, 108 Stat. 4664.)

§ 3566. Definitions

(a) The term ‘‘Commonwealth Army veterans’’ means persons

who served before July 1, 1946, in the organized military forces of

the Government of the Philippines, while such forces were in the

service of the Armed Forces pursuant to the military order of the

President dated July 26, 1941, including among such military

forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander-in-Chief,

Southwest Pacific Area, or other competent authority in the Army

of the United States, and who were discharged or released from

such service under conditions other than dishonorable.

(b) The term ‘‘ ‘New’ Philippine Scouts’’ means Philippine Scouts

who served under section 14 of the Armed Forces Voluntary Recruitment Act of 1945, and who were discharged or released from

such service under conditions other than dishonorable.

(Added P.L. 89–613, § 1, Sept. 30, 1966, 80 Stat. 861, § 1766; renumbered § 3566,

P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
(421)

CHAPTER 36—ADMINISTRATION OF EDUCATIONAL

BENEFITS

SUBCHAPTER I—STATE APPROVING AGENCIES

Sec.

3670. Scope of approval.

3671. Designation.

3672. Approval of courses.

3673. Cooperation.

3674. Reimbursement of expenses.

3674A. Evaluations of agency performance; qualifications and performance of

agency personnel.

3675. Approval of accredited courses.

3676. Approval of nonaccredited courses.

3677. Approval of training on the job.

3678. Notice of approval of courses.

3679. Disapproval of courses.

3680. Payment of educational assistance or subsistence allowances.

3680A. Disapproval of enrollment in certain courses.

SUBCHAPTER II—MISCELLANEOUS PROVISIONS

3681. Limitations on educational assistance.

3682. Control by agencies of the United States.

3683. Conflicting interests.

3684. Reports by veterans, eligible persons, and institutions; reporting fee.

3684A. Procedures relating to computer matching program.

3685. Overpayments to eligible persons or veterans.

3686. Correspondence courses.

3687. Apprenticeship or other on-job training.

3688. Measurement of courses.

3689. Approval requirements for licensing and certification testing.

3690. Overcharges by educational institutions; discontinuance of allowances; examination of records; false or misleading statements.

3691. Change of program.

3692. Advisory committee.

3693. Compliance surveys.

3694. Use of other Federal agencies.

3695. Limitation on period of assistance under two or more programs.

3696. Limitation on certain advertising, sales, and enrollment practices.

3697. Funding of contract educational and vocational counseling.

3697A. Educational and vocational counseling.

SUBCHAPTER III—EDUCATION LOANS

3698. Eligibility for loans; amount and conditions of loans; interest rate on loans.

3699. Revolving fund; insurance.

SUBCHAPTER I—STATE APPROVING AGENCIES

§ 3670. Scope of approval

(a) A course approved under and for the purposes of this chapter

shall be deemed approved for the purposes of chapters 34 and 35

of this title.

(b) Any course approved under chapter 33 of this title, prior to

February 1, 1965, under subchapter VII of chapter 35 of this title,

prior to March 3, 1966, and not disapproved under section 3483,

section 1656 (as in effect prior to February 1, 1965), or section 3679
§ 3670 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 422

of this title, shall be deemed approved for the purposes of this

chapter.

(Added P.L. 89–358, § 3(a)(5), Mar. 3, 1966, 80 Stat. 20, § 1770; amended P.L. 92– 540, § 403(1), Oct. 24, 1972, 86 Stat. 1090; P.L. 97–295, § 4(49), Oct. 12, 1982, 96

Stat. 1308; renumbered § 3670 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406.)

§ 3671. Designation

(a) Unless otherwise established by the law of the State concerned, the chief executive of each State is requested to create or

designate a State department or agency as the ‘‘State approving

agency’’ for such State for the purposes of this chapter and chapters 34 and 35 of this title.

(b)(1) If any State fails or declines to create or designate a State

approving agency, or fails to enter into an agreement under section

3674(a), the provisions of this chapter which refer to the State approving agency shall, with respect to such State, be deemed to refer

to the Secretary.

(2) In the case of courses subject to approval by the Secretary

under section 3672 of this title, the provisions of this chapter which

refer to a State approving agency shall be deemed to refer to the

Secretary.

(Added P.L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 158, § 1771; amended P.L. 89–358,

§ 3(a)(6), Mar. 3, 1966, 80 Stat. 20; P.L. 92–540, § 403(2), Oct. 24, 1972, 86 Stat.

1090; P.L. 94–502, § 513(a)(1), Oct. 15, 1976, 90 Stat. 2402; P.L. 100–323, § 13(b)(4),

May 20, 1988, 102 Stat. 573; P.L. 101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat.

2092; renumbered § 3671 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 406.)

§ 3672. Approval of courses

(a) An eligible person or veteran shall receive the benefits of this

chapter and chapters 34 and 35 of this title while enrolled in a

course of education offered by an educational institution only if (1)

such course is approved as provided in this chapter and chapters

34 and 35 of this title by the State approving agency for the State

where such educational institution is located, or by the Secretary,

or (2) such course is approved (A) for the enrollment of the particular individual under the provisions of section 3536 of this title

or (B) for special restorative training under subchapter V of chapter 35 of this title. Approval of courses by State approving agencies

shall be in accordance with the provisions of this chapter and chapters 34 and 35 of this title and such other regulations and policies

as the State approving agency may adopt. Each State approving

agency shall furnish the Secretary with a current list of educational institutions specifying courses which it has approved, and,

in addition to such list, it shall furnish such other information to

the Secretary as it and the Secretary may determine to be necessary to carry out the purposes of this chapter and chapters 34

and 35 of this title. Each State approving agency shall notify the

Secretary of the disapproval of any course previously approved and

shall set forth the reasons for such disapproval.

(b) The Secretary shall be responsible for the approval of courses

of education offered by any agency of the Federal Government authorized under other laws to supervise such education. The Secretary may approve any course in any other educational institution
423 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3673

in accordance with the provisions of this chapter and chapters 34

and 35 of this title.

(c) In the case of programs of apprenticeship where— (1) the standards have been approved by the Secretary of

Labor pursuant to section 2 of the Act of August 16, 1937 (popularly known as the ‘‘National Apprenticeship Act’’) (29 U.S.C.

50a), as a national apprenticeship program for operation in

more than one State, and

(2) the training establishment is a carrier directly engaged

in interstate commerce which provides such training in more

than one State,

the Secretary shall act as a ‘‘State approving agency’’ as such term

is used in section 3687(a)(1) of this title and shall be responsible

for the approval of all such programs.

(d)(1) Pursuant to regulations prescribed by the Secretary in consultation with the Secretary of Labor, the Secretary and State approving agencies shall actively promote the development of programs of training on the job (including programs of apprenticeship)

for the purposes of sections 3677 and 3687 of this title and shall

utilize the services of disabled veterans’ outreach program specialists under section 4103A of this title to promote the development

of such programs.

(2) In conjunction with outreach services provided by the Secretary under chapter 77 of this title for education and training benefits, each State approving agency shall conduct outreach programs

and provide outreach services to eligible persons and veterans

about education and training benefits available under applicable

Federal and State law.

(e) A program of education exclusively by correspondence, and

the correspondence portion of a combination correspondence-residence course leading to a vocational objective, that is offered by an

educational institution (as defined in section 3452(c) of this title)

may be approved only if (1) the educational institution is accredited

by an entity recognized by the Secretary of Education, and (2) at

least 50 percent of those pursuing such a program or course require

six months or more to complete the program or course.

(Added P.L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 158, § 1772; amended P.L. 89–358,

§ 3(a)(7), (8), Mar. 3, 1966, 80 Stat. 20, 21; P.L. 91–219, § 211, Mar. 26, 1970, 84

Stat. 83; P.L. 92–540, § 403(3)–(5), Oct. 24, 1972, 86 Stat. 1090; P.L. 96–466, § 502,

Oct. 17, 1980, 94 Stat. 2203; P.L. 97–295, § 4(50), Oct. 12, 1982, 96 Stat. 1308; P.L.

101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3672 and

amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 103–446,

§ 605(a)(1), Nov. 2, 1994, 108 Stat. 4671; P.L. 107–103, § 303, Dec. 27, 2001, 115

Stat. 992.)

§ 3673. Cooperation

(a) The Secretary and each State approving agency shall take

cognizance of the fact that definite duties, functions, and responsibilities are conferred upon the Secretary and each State approving agency under the educational programs established under this

chapter and chapters 34 and 35 of this title. To assure that such

programs are effectively and efficiently administered, the cooperation of the Secretary and the State approving agencies is essential.

It is necessary to establish an exchange of information pertaining

to activities of educational institutions, and particular attention
§ 3673 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 424

should be given to the enforcement of approval standards, enforcement of enrollment restrictions, and fraudulent and other criminal

activities on the part of persons connected with educational institutions in which eligible persons or veterans are enrolled under this

chapter and chapters 34 and 35 of this title.

(b) The Secretary will furnish the State approving agencies with

copies of such Department of Veterans Affairs informational material as may aid them in carrying out chapters 34 and 35 of this

title.

(Added P.L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 158, § 1773; amended P.L. 89–358,

§ 3(a)(7), (11), Mar. 3, 1966, 80 Stat. 20, 21; P.L. 92–540, § 403(6), Oct. 24, 1972, 86

Stat. 1090; P.L. 97–295, § 4(51), Oct. 12, 1982, 96 Stat. 1308; P.L. 101–237,

§ 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3673, P.L. 102–83, § 5(a),

Aug. 6, 1991, 105 Stat. 406.)

§ 3674. Reimbursement of expenses

(a)(1) Subject to paragraphs (2) through (4) of this subsection, the

Secretary is authorized to enter into contracts or agreements with

State and local agencies to pay such State and local agencies for

reasonable and necessary expenses of salary and travel incurred by

employees of such agencies and an allowance for administrative expenses in accordance with the formula contained in subsection (b)

of this section in (A) rendering necessary services in ascertaining

the qualifications of educational institutions for furnishing courses

of education to eligible persons or veterans under this chapter and

chapters 30 through 35 of this title and chapter 106 of title 10, and

in the supervision of such educational institutions, and (B) furnishing, at the request of the Secretary, any other services in connection with such chapters. Each such contract or agreement shall

be conditioned upon compliance with the standards and provisions

of such chapters. The Secretary may also reimburse such agencies

for work performed by their subcontractors where such work has

a direct relationship to the requirements of such chapters, and has

had the prior approval of the Secretary.

(2)(A) The Secretary shall make payments to State and local

agencies, out of amounts available for the payment of readjustment

benefits, for the reasonable and necessary expenses of salary and

travel incurred by employees of such agencies in carrying out contracts or agreements entered into under this section, for expenses

approved by the Secretary that are incurred in carrying out activities described in section 3674A(a)(3) of this title (except for administrative overhead expenses allocated to such activities), and for the

allowance for administrative expenses described in subsection (b).

(B) The Secretary shall make such a payment to an agency within a reasonable time after the agency has submitted a report pursuant to paragraph (3) of this subsection.

(C) Subject to paragraph (4) of this subsection, the amount of any

such payment made to an agency for any period shall be equal to

the amount of the reasonable and necessary expenses of salary and

travel certified by such agency for such period in accordance with

paragraph (3) of this subsection plus the allowance for administrative expenses described in subsection (b) and the amount of expenses approved by the Secretary that are incurred in carrying out

activities described in section 3674A(a)(3) of this title for such pe-
425 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3674

riod (except for administrative overhead expenses allocated to such

activities).

(3) Each State and local agency with which a contract or agreement is entered into under this section shall submit to the Secretary on a monthly or quarterly basis, as determined by the agency, a report containing a certification of the reasonable and necessary expenses incurred for salary and travel by such agency

under such contract or agreement for the period covered by the report. The report shall be submitted in the form and manner required by the Secretary.

(4) The total amount made available under this section for any

fiscal year may not exceed $13,000,000 or, for each of fiscal years

2001 and 2002, $14,000,000. For any fiscal year in which the total

amount that would be made available under this section would exceed the amount applicable to that fiscal year under the preceding

sentence except for the provisions of this paragraph, the Secretary

shall provide that each agency shall receive the same percentage

of the amount applicable to that fiscal year under the preceding

sentence as the agency would have received of the total amount

that would have been made available without the limitation of this

paragraph.

(b) The allowance for administrative expenses incurred pursuant

to subsection (a) of this section shall be paid in accordance with the

following formula:

Total salary cost reimbursable under this section Allowable for administrative expense

$5,000 or less ........................................ $693.

Over $5,000 but not exceeding $10,000 $1,247.

Over $10,000 but not exceeding

$35,000.

$1,247 for the first $10,000, plus $1,155 for each additional $5,000 or fraction

thereof.

Over $35,000 but not exceeding

$40,000.

$7,548.

Over $40,000 but not exceeding

$75,000.

$7,548 for the first $40,000, plus $999 for each additional $5,000 or fraction

thereof.

Over $75,000 but not exceeding

$80,000.

$14,969.

Over $80,000 ......................................... $14,969 for the first $80,000, plus $872 for each additional $5,000 or fraction

thereof.

(c) Each State and local agency with which the Secretary contracts or enters into an agreement under subsection (a) of this section shall report to the Secretary periodically, but not less often

than annually, as determined by the Secretary, on the activities in

the preceding twelve months (or the period which has elapsed since

the last report under this subsection was submitted) carried out

under such contract or agreement. Each such report shall describe,

in such detail as the Secretary shall prescribe, services performed

and determinations made in connection with ascertaining the

qualifications of educational institutions in connection with this

chapter and chapters 32, 34, and 35 of this title and in supervising

such institutions.

(Added P.L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 159, § 1774; amended P.L. 89–358,

§ 3(a)(7), (8), (11), Mar. 3, 1966, 80 Stat. 20, 21; P.L. 90–631, § 4, Oct. 23, 1968, 82

Stat. 1334; P.L. 92–540, §§ 403(7), 411, Oct. 24, 1972, 86 Stat. 1090, 1092; P.L. 93–

508, § 210(1), Dec. 3, 1974, 88 Stat. 1584; P.L. 94–502, § 503, Oct. 15, 1976, 90 Stat.

2399; P.L. 95–202, § 303, Nov. 23, 1977, 91 Stat. 1441; P.L. 96–466, §§ 203(1),
§ 3674 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 426

213(1), Oct. 17, 1980, 94 Stat. 2188, 2190; P.L. 97–295, § 4(51), Oct. 12, 1982, 96

Stat. 1308; P.L. 100–323, § 13(a)(1), (b)(5), May 20, 1988, 102 Stat. 571, 573; P.L.

101–237, §§ 414, 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2085, 2092; P.L. 102–16,

§ 10(a)(7), Mar. 22, 1991, 105 Stat. 56; renumbered § 3674 and amended P.L. 102– 83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 103–446, § 606(a)(1), (b), Nov. 2,

1994, 108 Stat. 4672; P.L. 106–419, § 123, Nov. 1, 2000, 114 Stat. 1837; P.L. 107– 14, § 8(a)(7), June 5, 2001, 115 Stat. 34.)

§ 3674A. Evaluations of agency performance; qualifications

and performance of agency personnel

(a) The Secretary shall— (1)(A) conduct, in conjunction with State approving agencies,

an annual evaluation of each State approving agency on the

basis of standards developed by the Secretary in conjunction

with the State approving agencies, and (B) provide each such

agency an opportunity to comment on the evaluation;

(2) take into account the results of annual evaluations carried out under paragraph (1) when negotiating the terms and

conditions of a contract or agreement under section 3674 of

this title;

(3) cooperate with State approving agencies in developing

and implementing a uniform national curriculum, to the extent

practicable, for training new employees and for continuing the

training of employees of such agencies, and sponsor, with the

agencies, such training and continuation of training; and

(4) prescribe prototype qualification and performance standards, developed in conjunction with State approving agencies,

for use by such agencies in the development of qualification

and performance standards for State approving agency personnel carrying out approval responsibilities under a contract

or agreement entered into under section 3674(a).

(b)(1) Each State approving agency carrying out a contract or

agreement with the Secretary under section 3674(a) of this title

shall—

(A) apply qualification and performance standards based on

the standards developed under subsection (a)(4); and

(B) make available to any person, upon request, the criteria

used to carry out its functions under a contract or agreement

entered into under section 3674(a) of this title.

(2) In developing and applying standards described in subsection

(a)(4), the State approving agency may take into consideration the

State’s merit system requirements and other local requirements

and conditions.

(3) The Secretary shall provide assistance in developing such

standards to a State approving agency that requests it.

(Added P.L. 100–323, § 13(b)(1)(A), May 20, 1988, 102 Stat. 572, § 1774A; amended

P.L. 101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3674A and

amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 103–446,

§ 606(c), Nov. 2, 1994, 108 Stat. 4672; P.L. 105–368, § 1005(b)(8), Nov. 11, 1998, 112

Stat. 3365; P.L. 107–14, § 8(a)(8), June 5, 2001, 115 Stat. 35.)

§ 3675. Approval of accredited courses

(a)(1) A State approving agency may approve the courses offered

by an educational institution when—

(A) such courses have been accredited and approved by a nationally recognized accrediting agency or association;
427 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3675

(B) such courses are conducted under the Act of February 23,

1917 (20 U.S.C. 11 et seq.);

(C) such courses are accepted by the State department of

education for credit for a teacher’s certificate or a teacher’s degree; or

(D) such courses are approved by the State as meeting the

requirement of regulations prescribed by the Secretary of

Health and Human Services under sections 1819(f)(2)(A)(i) and

1919(f)(2)(A)(i) of the Social Security Act (42 U.S.C. 1395i3(f)(2)(A)(i) and 1396r(f)(2)(A)(i)).

(2)(A) For the purposes of this chapter, the Secretary of Education shall publish a list of nationally recognized accrediting agencies and associations which that Secretary determines to be reliable

authority as to the quality of training offered by an educational institution.

(B) Except as provided in section 3672(e) of this title, a State approving agency may utilize the accreditation of any accrediting association or agency listed pursuant to subparagraph (A) of this

paragraph for approval of courses specifically accredited and approved by such accrediting association or agency.

(3)(A) An educational institution shall submit an application for

approval of courses to the appropriate State approving agency. In

making application for approval, the institution (other than an elementary school or secondary school) shall transmit to the State approving agency copies of its catalog or bulletin which must be certified as true and correct in content and policy by an authorized

representative of the institution.

(B) Each catalog or bulletin transmitted by an institution under

subparagraph (A) of this paragraph shall—

(i) state with specificity the requirements of the institution

with respect to graduation;

(ii) include the information required under paragraphs (6)

and (7) of section 3676(b) of this title; and

(iii) include any attendance standards of the institution, if

the institution has and enforces such standards.

(b) As a condition of approval under this section, the State approving agency must find the following:

(1) The educational institution keeps adequate records, as

prescribed by the State approving agency, to show the progress

and grades of the eligible person or veteran and to show that

satisfactory standards relating to progress and conduct are enforced.

(2) The educational institution maintains a written record of

the previous education and training of the eligible person or

veteran that clearly indicates that appropriate credit has been

given by the educational institution for previous education and

training, with the training period shortened proportionately.

(3) The educational institution and its approved courses meet

the criteria of paragraphs (1), (2), and (3) of section 3676(c) of

this title.

(Added P.L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 159, § 1775; amended P.L. 89–358,

§ 3(a)(8), Mar. 3, 1966, 80 Stat. 21; P.L. 94–502, §§ 504, 513(a)(2), Oct. 15, 1976, 90

Stat. 2399, 2402; P.L. 96–466, § 801(d), Oct. 17, 1980, 94 Stat. 2216; P.L. 101–237,

§ 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3675 and amended P.L.
§ 3675 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 428

102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–568, § 312, Oct. 29, 1992,

106 Stat. 4330; P.L. 103–446, § 605(a)(2)(A), Nov. 2, 1994, 108 Stat. 4672; P.L. 104–

275, § 103(c), Oct. 9, 1996, 110 Stat. 3326.)

§ 3676. Approval of nonaccredited courses

(a) No course of education which has not been approved by a

State approving agency pursuant to section 3675 of this title, which

is offered by a public or private, profit or nonprofit, educational institution shall be approved for the purposes of this chapter unless

the educational institution offering such course submits to the appropriate State approving agency a written application for approval

of such course in accordance with the provisions of this chapter.

(b) Such application shall be accompanied by not less than two

copies of the current catalog or bulletin which is certified as true

and correct in content and policy by an authorized owner or official

and includes the following:

(1) Identifying data, such as volume number and date of publication;

(2) Names of the institution and its governing body, officials

and faculty;

(3) A calendar of the institution showing legal holidays, beginning and ending date of each quarter, term, or semester,

and other important dates;

(4) Institution policy and regulations on enrollment with respect to enrollment dates and specific entrance requirements

for each course;

(5) Institution policy and regulations relative to leave, absences, class cuts, makeup work, tardiness and interruptions

for unsatisfactory attendance;

(6) Institution policy and regulations relative to standards of

progress required of the student by the institution (this policy

will define the grading system of the institution, the minimum

grades considered satisfactory, conditions for interruption for

unsatisfactory grades or progress and a description of the probationary period, if any, allowed by the institution, and conditions of reentrance for those students dismissed for unsatisfactory progress. A statement will be made regarding progress

records kept by the institution and furnished the student);

(7) Institution policy and regulations relating to student conduct and conditions for dismissal for unsatisfactory conduct;

(8) Detailed schedules of fees, charges for tuition, books, supplies, tools, student activities, laboratory fees, service charges,

rentals, deposits, and all other charges;

(9) Policy and regulations of the institution relative to the refund of the unused portion of tuition, fees, and other charges

in the event the student does not enter the course or withdraws or is discontinued therefrom;

(10) A description of the available space, facilities, and equipment;

(11) A course outline for each course for which approval is

requested, showing subjects or units in the course, type of work

or skill to be learned, and approximate time and clock hours

to be spent on each subject or unit; and
429 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3676

(12) Policy and regulations of the institution relative to

granting credit for previous educational training.

(c) The appropriate State approving agency may approve the application of such institution when the institution and its non-accredited courses are found upon investigation to have met the following criteria:

(1) The courses, curriculum, and instruction are consistent in

quality, content, and length with similar courses in public

schools and other private schools in the State, with recognized

accepted standards.

(2) There is in the institution adequate space, equipment, instructional material, and instructor personnel to provide training of good quality.

(3) Educational and experience qualifications of directors, administrators, and instructors are adequate.

(4) The institution maintains a written record of the previous

education and training of the eligible person and clearly indicates that appropriate credit has been given by the institution

for previous education and training, with the training period

shortened proportionately and the eligible person and the Secretary so notified.

(5) A copy of the course outline, schedule of tuition, fees, and

other charges, regulations pertaining to absence, grading policy, and rules of operation and conduct will be furnished the

eligible person upon enrollment.

(6) Upon completion of training, the eligible person is given

a certificate by the institution indicating the approved course

and indicating that training was satisfactorily completed.

(7) Adequate records as prescribed by the State approving

agency are kept to show attendance and progress or grades,

and satisfactory standards relating to attendance, progress,

and conduct are enforced.

(8) The institution complies with all local, city, county, municipal, State, and Federal regulations, such as fire codes,

building and sanitation codes. The State approving agency may

require such evidence of compliance as is deemed necessary.

(9) The institution is financially sound and capable of fulfilling its commitments for training.

(10) The institution does not utilize advertising of any type

which is erroneous or misleading, either by actual statement,

omission, or intimation. The institution shall not be deemed to

have met this requirement until the State approving agency

(A) has ascertained from the Federal Trade Commission

whether the Commission has issued an order to the institution

to cease and desist from any act or practice, and (B) has, if

such an order has been issued, given due weight to that fact.

(11) The institution does not exceed its enrollment limitations as established by the State approving agency.

(12) The institution’s administrators, directors, owners, and

instructors are of good reputation and character.

(13) The institution has and maintains a policy for the refund of the unused portion of tuition, fees, and other charges

in the event the eligible person fails to enter the course or

withdraws or is discontinued therefrom at any time prior to
§ 3676 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 430

completion and such policy must provide that the amount

charged to the eligible person for tuition, fees, and other

charges for a portion of the course shall not exceed the approximate pro rata portion of the total charges for tuition, fees, and

other charges that the length of the completed portion of the

course bears to its total length.

(14) Such additional criteria as may be deemed necessary by

the State approving agency.

(d) The Secretary may waive, in whole or in part, the requirements of subsection (c)(13) of this section in the case of an educational institution which—

(1) is a college, university, or similar institution offering

postsecondary level academic instruction that leads to an associate or higher degree,

(2) is operated by an agency of a State or of a unit of local

government,

(3) is located within such State or, in the case of an institution operated by an agency of a unit of local government, within the boundaries of the area over which such unit has taxing

jurisdiction, and

(4) is a candidate for accreditation by a regional accrediting

association,

if the Secretary determines, pursuant to regulations which the Secretary shall prescribe, that such requirements would work an

undue administrative hardship because the total amount of tuition,

fees, and other charges at such institution is nominal.

(e) Notwithstanding any other provision of this title, a course of

education shall not be approved under this section if it is to be pursued in whole or in part by independent study.

(Added P.L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 159, § 1776; amended P.L. 89–358,

§ 3(a)(9), Mar. 3, 1966, 80 Stat. 21; P.L. 97–66, § 606, Oct. 17, 1981, 95 Stat. 1037;

P.L. 101–237, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3676 and

amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–568,

§ 313(a)(1), Oct. 29, 1992, 106 Stat. 4331.)

§ 3677. Approval of training on the job

(a) Any State approving agency may approve a program of training on the job (other than a program of apprenticeship) only when

it finds that the job which is the objective of the training is one in

which progression and appointment to the next higher classification are based upon skills learned through organized and supervised training on the job and not on such factors as length of service and normal turnover, and that the provisions of subsections (b)

and (c) of this section are met.

(b)(1) The training establishment offering training which is desired to be approved for the purposes of this chapter must submit

to the appropriate State approving agency a written application for

approval which, in addition to furnishing such information as is required by the State approving agency, contains a certification

that—

(A) the wages to be paid the eligible veteran or person (i)

upon entrance into training, are not less than wages paid nonveterans in the same training position and are at least 50 per

centum of the wages paid for the job for which the veteran or
431 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3678

person is to be trained, and (ii) such wages will be increased

in regular periodic increments until, not later than the last full

month of the training period, they will be at least 85 per centum of the wages paid for the job for which such eligible veteran or person is being trained; and

(B) there is reasonable certainty that the job for which the

eligible veteran or person is to be trained will be available to

the veteran or person at the end of the training period.

(2) The requirement under paragraph (1)(A)(ii) shall not apply

with respect to a training establishment operated by the United

States or by a State or local government.

(c) As a condition for approving a program of training on the job

(other than a program of apprenticeship) the State approving agency must find upon investigation that the following criteria are met:

(1) The training content of the course is adequate to qualify

the eligible veteran or person for appointment to the job for

which the veteran or person is to be trained.

(2) The job customarily requires full-time training for a period of not less than six months and not more than two years.

(3) The length of the training period is not longer than that

customarily required by the training establishments in the

community to provide an eligible veteran or person with the required skills, arrange for the acquiring of job knowledge, technical information, and other facts which the eligible veteran or

person will need to learn in order to become competent on the

job for which the veteran or person is being trained.

(4) Provision is made for related instruction for the individual eligible veteran or person who may need it.

(5) There is in the training establishment adequate space,

equipment, instructional material, and instructor personnel to

provide satisfactory training on the job.

(6) Adequate records are kept to show the progress made by

each eligible veteran or person toward such veteran’s or person’s job objective.

(7) No course of training will be considered bona fide if given

to an eligible veteran or person who is already qualified by

training and experience for the job.

(8) A signed copy of the training agreement for each eligible

veteran or person, including the training program and wage

scale as approved by the State approving agency, is provided

to the veteran or person and to the Secretary and the State approving agency by the employer.

(9) That the course meets such other criteria as may be established by the State approving agency.

(Added P.L. 90–77, § 304(d), Aug. 31, 1967, 81 Stat. 186, § 1777; amended P.L. 91–

219, § 212, Mar. 26, 1970, 84 Stat. 83; P.L. 92–540, § 314, Oct. 24, 1972, 86 Stat.

1084; P.L. 94–502, § 513(a)(3), Oct. 15, 1976, 90 Stat. 2402; P.L. 101–237,

§ 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3677, P.L. 102–83, § 5(a),

Aug. 6, 1991, 105 Stat. 406; P.L. 105–368, § 205(a), Nov. 11, 1998, 112 Stat. 3327.)

§ 3678. Notice of approval of courses

The State approving agency, upon determining that an educational institution has complied with all the requirements of this

chapter, will issue a letter to such institution setting forth the
§ 3678 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 432

courses which have been approved for the purposes of this chapter,

and will furnish an official copy of such letter and any subsequent

amendments to the Secretary. The letter of approval shall be accompanied by a copy of the catalog or bulletin of the institution,

as approved by the State approving agency, and shall contain the

following information:

(1) date of letter and effective date of approval of courses;

(2) proper address and name of each educational institution;

(3) authority for approval and conditions of approval, referring specifically to the approved catalog or bulletin published

by the educational institution;

(4) name of each course approved;

(5) where applicable, enrollment limitations such as maximum numbers authorized and student-teacher ratio;

(6) signature of responsible official of State approving agency; and

(7) such other fair and reasonable provisions as are considered necessary by the appropriate State approving agency.

(Added P.L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 162, § 1777; renumbered § 1778,

P.L. 90–77, § 304(d), Aug. 31, 1967, 81 Stat. 186; amended P.L. 101–237,

§ 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3678, P.L. 102–83, § 5(a),

Aug. 6, 1991, 105 Stat. 406.)

§ 3679. Disapproval of courses

(a) Any course approved for the purposes of this chapter which

fails to meet any of the requirements of this chapter shall be immediately disapproved by the appropriate State approving agency. An

educational institution which has its courses disapproved by a

State approving agency will be notified of such disapproval by a

certified or registered letter of notification and a return receipt secured.

(b) Each State approving agency shall notify the Secretary of

each course which it has disapproved under this section. The Secretary shall notify the State approving agency of the Secretary’s

disapproval of any educational institution under chapter 31 of this

title.

(Added P.L. 88–126, § 1, Sept. 23, 1963, 77 Stat. 162, § 1778; renumbered § 1779,

P.L. 90–77, § 304(d), Aug. 31, 1967, 81 Stat. 186; amended P.L. 94–502, § 513(a)(4),

Oct. 15, 1976, 90 Stat. 2402; P.L. 101–237, § 423(b)(1)(A), (2), Dec. 18, 1989, 103

Stat. 2092; renumbered § 3679, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3680. Payment of educational assistance or subsistence allowances

Period for Which Payment May Be Made

(a) Payment of educational assistance or subsistence allowances

to eligible veterans or eligible persons pursuing a program of education or training, other than a program by correspondence, in an

educational institution under chapter 31, 34, or 35 of this title shall

be paid as provided in this section and, as applicable, in section

3108, 3482, 3491, or 3532 of this title. Such payments shall be paid

only for the period of such veterans’ or persons’ enrollment in, and

pursuit of, such program, but no amount shall be paid—
433 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3680

(1) to any eligible veteran or eligible person for any period

when such veteran or person is not pursuing such veteran’s or

person’s course in accordance with the regularly established

policies and regulations of the educational institution, with the

provisions of such regulations as may be prescribed by the Secretary pursuant to subsection (g) of this section, and with the

requirements of this chapter or of chapter 34 or 35 of this title,

but payment may be made for an actual period of pursuit of

one or more unit subjects pursued for a period of time shorter

than the enrollment period at the educational institution;

(2) to any eligible veteran or person for auditing a course; or

(3) to any eligible veteran or person for a course for which

the grade assigned is not used in computing the requirements

for graduation including a course from which the student withdraws unless— (A) the eligible veteran or person withdraws because he

or she is ordered to active duty; or

(B) the Secretary finds there are mitigating circumstances, except that, in the first instance of withdrawal (without regard to withdrawals described in subclause (A) of this clause) by the eligible veteran or person

from a course or courses with respect to which the veteran

or person has been paid assistance under this title, mitigating circumstances shall be considered to exist with respect to courses totaling not more than six semester hours

or the equivalent thereof.

Notwithstanding the foregoing, the Secretary may, subject to such

regulations as the Secretary shall prescribe, continue to pay allowances to eligible veterans and eligible persons enrolled in courses

set forth in clause (1) of this subsection— (A) during periods when the schools are temporarily closed

under an established policy based upon an Executive order of

the President or due to an emergency situation;

(B) during periods between consecutive school terms where

such veterans or persons transfer from one approved educational institution to another approved educational institution

for the purpose of enrolling in and pursuing a similar course

at the second institution if the period between such consecutive

terms does not exceed 30 days; or

(C) during periods between school terms where the educational institution certifies the enrollment of the eligible veteran or eligible person on an individual term basis if (i) the period between those terms does not exceed eight weeks, and (ii)

both the terms preceding and following the period are not

shorter in length than the period.

Correspondence Training Certifications

(b) No educational assistance allowance shall be paid to an eligible veteran or spouse or surviving spouse enrolled in and pursuing

a program of education exclusively by correspondence until the Secretary shall have received—

(1) from the eligible veteran or spouse or surviving spouse a

certificate as to the number of lessons actually completed by
§ 3680 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 434

the veteran or spouse or surviving spouse and serviced by the

educational institution; and

(2) from the training establishment a certification or an endorsement on the veteran’s or spouse’s or surviving spouse’s

certificate, as to the number of lessons completed by the veteran or spouse or surviving spouse and serviced by the institution.

Apprenticeship and Other On-Job Training

(c) No training assistance allowance shall be paid to an eligible

veteran or eligible person enrolled in and pursuing a program of

apprenticeship or other on-job training until the Secretary shall

have received—

(1) from such veteran or person a certification as to such veteran’s or person’s actual attendance during such period; and

(2) from the training establishment a certification, or an endorsement on the veteran’s or person’s certificate, that such

veteran or person was enrolled in and pursuing a program of

apprenticeship or other on-job training during such period.

Advance Payment of Initial Educational Assistance or Subsistence

Allowance

(d)(1) The educational assistance or subsistence allowance advance payment provided for in this subsection is based upon a finding by the Congress that eligible veterans and eligible persons may

need additional funds at the beginning of a school term to meet the

expenses of books, travel, deposits, and payment for living quarters, the initial installment of tuition, and the other special expenses which are concentrated at the beginning of a school term.

(2) Subject to the provisions of this subsection, and under regulations which the Secretary shall prescribe, an eligible veteran or eligible person shall be paid an educational assistance allowance or

subsistence allowance, as appropriate, advance payment. Such advance payment shall be made in an amount equivalent to the allowance for the month or fraction thereof in which pursuit of the

program will commence, plus the allowance for the succeeding

month. In the case of a person on active duty, who is pursuing a

program of education, the advance payment shall be in a lump sum

based upon the amount payable for the entire quarter, semester, or

term, as applicable. In no event shall an advance payment be made

under this subsection to a veteran or person intending to pursue

a program of education on less than a half-time basis. An advance

payment may not be made under this subsection to any veteran or

person unless the veteran or person requests such payment and the

Secretary finds that the educational institution at which such veteran or person is accepted or enrolled has agreed to, and can satisfactorily, carry out the provisions of paragraphs (4)(B) and (C) and

(5) of this subsection. The application for advance payment, to be

made on a form prescribed by the Secretary, shall—

(A) in the case of an initial enrollment of a veteran or person

in an educational institution, contain information showing that

the veteran or person (i) is eligible for educational benefits, (ii)
435 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3680

has been accepted by the institution, and (iii) has notified the

institution of such veteran’s or person’s intention to attend

that institution; and

(B) in the case of a re-enrollment of a veteran or person, contain information showing that the veteran or person (i) is eligible to continue such veteran’s or person’s program of education

or training and (ii) intends to re-enroll in the same institution,

and, in either case, shall also state the number of semester or

clock-hours to be pursued by such veteran or person.

(3) For purposes of the Secretary’s determination whether any

veteran or person is eligible for an advance payment under this

section, the information submitted by the institution, the veteran

or person, shall establish such veteran’s or person’s eligibility unless there is evidence in such veteran’s or person’s file in the processing office establishing that the veteran or person is not eligible

for such advance payment.

(4) The advance payment authorized by paragraph (2) of this

subsection shall, in the case of an eligible veteran or eligible person, be (A) drawn in favor of the veteran or person; (B) mailed to

the educational institution listed on the application form for temporary care and delivery to the veteran or person by such institution; and (C) delivered to the veteran or person upon such veteran’s

or person’s registration at such institution, but in no event shall

such delivery be made earlier than thirty days before the program

of education is to commence.

(5) Upon delivery of the advance payment pursuant to paragraph

(4) of this subsection, the institution shall submit to the Secretary

a certification of such delivery. If such delivery is not effected within thirty days after commencement of the program of education in

question, such institution shall return such payment to the Secretary forthwith.

Recovery of Erroneous Payments

(e)(1) Subject to paragraph (2), if an eligible veteran or eligible

person fails to enroll in or pursue a course for which an educational

assistance or subsistence allowance advance payment is made, the

amount of such payment and any amount of subsequent payments

which, in whole or in part, are due to erroneous information required to be furnished under subsection (d)(2) of this section, shall

become an overpayment and shall constitute a liability of such veteran or person to the United States and may be recovered, unless

waived pursuant to section 5302 of this title, from any benefit otherwise due such veteran or person under any law administered by

the Department of Veterans Affairs or may be recovered in the

same manner as any other debt due the United States.

(2) Paragraph (1) shall not apply to the recovery of an overpayment of an educational allowance or subsistence allowance advance

payment to an eligible veteran or eligible person who fails to enroll

in or pursue a course of education for which the payment is made

if such failure is due to the death of the veteran or person.
§ 3680 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 436

1 Effective October 1, 2002, and with respect to enrollments in courses or programs of education or training beginning on or after that date, subsection (g) is amended pursuant to section

104(b) of P.L. 107–103 (115 Stat. 981) to read as follows:

DETERMINATION OF ENROLLMENT, PURSUIT, AND ATTENDANCE

(g)(1) The Secretary may, pursuant to regulations which the Secretary shall prescribe, determine and define with respect to an eligible veteran and eligible person the following:

(A) Enrollment in a course or program of education or training.

(B) Pursuit of a course or program of education or training.

(C) Attendance at a course or program of education or training.

(2) The Secretary may withhold payment of benefits to an eligible veteran or eligible person

until the Secretary receives such proof as the Secretary may require of enrollment in and satisfactory pursuit of a program of education by the eligible veteran or eligible person. The Secretary shall adjust the payment withheld, when necessary, on the basis of the proof the Secretary receives.

(3) In the case of an individual other than an individual described in paragraph (4), the Secretary may accept the individual’s monthly certification of enrollment in and satisfactory pursuit

of a program of education as sufficient proof of the certified matters.

(4) In the case of an individual who has received an accelerated payment of basic educational

assistance under section 3014A of this title during an enrollment period for a program of education, the Secretary may accept the individual’s certification of enrollment in and satisfactory

pursuit of the program of education as sufficient proof of the certified matters if the certification

is submitted after the enrollment period has ended.

Payments for Less Than Half-Time Training

(f) Payment of educational assistance allowance in the case of

any eligible veteran or eligible person pursuing a program of education on less than a half-time basis shall be made in an amount

computed for the entire quarter, semester, or term not later than

the last day of the month immediately following the month in

which certification is received from the educational institution that

such veteran or person has enrolled in and is pursuing a program

at such institution. Such lump sum payment shall be computed at

the rate provided in section 3482(b) or 3532(a)(2) of this title, as

applicable.

Determination of Enrollment, Pursuit, and Attendance

(g) 1 The Secretary may, pursuant to regulations which the Secretary shall prescribe, determine and define enrollment in, pursuit

of, and attendance at, any program of education or training or

course by an eligible veteran or eligible person for any period for

which the veteran or person receives an educational assistance or

subsistence allowance under this chapter for pursuing such program or course. Subject to such reports and proof as the Secretary

may require to show an eligible veteran’s or eligible person’s enrollment in and satisfactory pursuit of such person’s program, the Secretary may withhold payment of benefits to such eligible veteran

or eligible person until the required proof is received and the

amount of the payment is approximately adjusted. The Secretary

may accept such veteran’s or person’s monthly certification of enrollment in and satisfactory pursuit of such veteran’s or person’s

program as sufficient proof of the certified matters.

(Added P.L. 92–540, § 201, Oct. 24, 1972, 86 Stat. 1076, § 1780; amended P.L. 93–

208, Dec. 28, 1973, 87 Stat. 907; P.L. 93–508, § 209, Dec. 3, 1974, 88 Stat. 1584;

P.L. 94–502, §§ 505, 506, 513(a)(5)–(12), Oct. 15, 1976, 90 Stat. 2400, 2402, 2403;

P.L. 96–466, §§ 341, 342, §§ 601(c), (d), 602(c), Oct. 17, 1980, 94 Stat. 2198, 2208,

2209; P.L. 97–35, § 2003(c), Aug. 13, 1981, 95 Stat. 782; P.L. 97–295, § 4(52), Oct.

12, 1982, 96 Stat. 1308; P.L. 97–306, § 205(c), Oct. 14, 1982, 96 Stat. 1434; P.L. 99–

576, §§ 315(a)(1), 316, § 701(59), Oct. 28, 1986, 100 Stat. 3274, 3296; P.L. 100–689,

§ 121(a), Nov. 18, 1988, 102 Stat. 4173; P.L. 101–237, §§ 412(a), 415(a), 423(b)(1), (2),
437 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3680A

Dec. 18, 1989, 103 Stat. 2085, 2086, 2092; P.L. 102–40, § 402(d)(1), May 7, 1991, 105

Stat. 239; renumbered § 3680 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406; P.L. 102–127, § 6(a), Oct. 10, 1991, 105 Stat. 622; P.L. 102–568, § 314,

Oct. 29, 1992, 106 Stat. 4333; P.L. 103–446, § 605(a)(2)(B), § 1201(i)(6), Nov. 2, 1994,

108 Stat. 4672, 4688; P.L. 106–419, § 121(a), Nov. 1, 2000, 114 Stat. 1833; P.L. 107–

103, § 104(b), Dec. 27, 2001, 115 Stat. 981.)

§ 3680A. Disapproval of enrollment in certain courses

(a) The Secretary shall not approve the enrollment of an eligible

veteran in—

(1) any bartending course or personality development course;

(2) any sales or sales management course which does not

provide specialized training within a specific vocational field;

(3) any type of course which the Secretary finds to be avocational or recreational in character (or the advertising for which

the Secretary finds contains significant avocational or recreational themes) unless the veteran submits justification

showing that the course will be of bona fide use in the pursuit

of the veteran’s present or contemplated business or occupation; or

(4) any independent study program except an accredited

independent study program (including open circuit television)

leading (A) to a standard college degree, or (B) to a certificate

that reflects educational attainment offered by an institution of

higher learning.

(b) Except to the extent otherwise specifically provided in this

title or chapter 106 of title 10, the Secretary shall not approve the

enrollment of an eligible veteran in any course of flight training

other than one given by an educational institution of higher learning for credit toward a standard college degree the eligible veteran

is seeking.

(c) The Secretary shall not approve the enrollment of an eligible

veteran in any course to be pursued by radio.

(d)(1) Except as provided in paragraph (2) of this subsection, the

Secretary shall not approve the enrollment of any eligible veteran,

not already enrolled, in any course for any period during which the

Secretary finds that more than 85 percent of the students enrolled

in the course are having all or part of their tuition, fees, or other

charges paid to or for them by the educational institution or by the

Department of Veterans Affairs under this title or under chapter

106 of title 10. The Secretary may waive the requirements of this

subsection, in whole or in part, if the Secretary determines, pursuant to regulations which the Secretary shall prescribe, it to be in

the interest of the eligible veteran and the Federal Government.

The provisions of this subsection shall not apply to any course offered by an educational institution if the total number of veterans

and persons receiving assistance under this chapter or chapter 30,

31, 32, or 35 of this title or under chapter 106 of title 10 who are

enrolled in such institution equals 35 percent or less, or such other

percent as the Secretary prescribes in regulations, of the total student enrollment at such institution (computed separately for the

main campus and any branch or extension of such institution), except that the Secretary may apply the provisions of this subsection

with respect to any course in which the Secretary has reason to be-
§ 3680A CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 438

lieve that the enrollment of such veterans and persons may be in

excess of 85 percent of the total student enrollment in such course.

(2) Paragraph (1) of this subsection does not apply with respect

to the enrollment of a veteran—

(A) in a course offered pursuant to section 3019, 3034(a)(3),

3234, or 3241(a)(2) of this title;

(B) in a farm cooperative training course; or

(C) in a course described in subsection (g) of this title.

(e) The Secretary may not approve the enrollment of an eligible

veteran in a course not leading to a standard college degree offered

by a proprietary profit or proprietary nonprofit educational institution if—

(1) the educational institution has been operating for less

than two years;

(2) the course is offered at a branch of the educational institution and the branch has been operating for less than two

years; or

(3) following either a change in ownership or a complete

move outside its original general locality, the educational institution does not retain substantially the same faculty, student

body, and courses as before the change in ownership or the

move outside the general locality (as determined in accordance

with regulations the Secretary shall prescribe) unless the educational institution following such change or move has been in

operation for at least two years.

(f) The Secretary may not approve the enrollment of an eligible

veteran in a course as a part of a program of education offered by

an educational institution if the course is provided under contract

by another educational institution or entity and—

(1) the Secretary would be barred under subsection (e) from

approving the enrollment of an eligible veteran in the course

of the educational institution or entity providing the course

under contract; or

(2) the educational institution or entity providing the course

under contract has not obtained approval for the course under

this chapter.

(g) Notwithstanding subsections (e) and (f)(1), the Secretary may

approve the enrollment of an eligible veteran in a course approved

under this chapter if the course is offered by an educational institution under contract with the Department of Defense or the Department of Transportation and is given on or immediately adjacent to

a military base, Coast Guard station, National Guard facility, or facility of the Selected Reserve.

(Added P.L. 102–568, § 313(a)(2), Oct. 29, 1992, 106 Stat. 4331; amended P.L. 104–

275, §§ 103(a)(2), (b), 104(c), Oct. 9, 1996, 110 Stat. 3326, 3327; P.L. 105–114,

§ 401(d), (e), Nov. 21, 1997, 111 Stat. 2293; P.L. 105–368, § 1005(b)(9), Nov. 11, 1998,

112 Stat. 3365; P.L. 107–103, § 111(a), Dec. 27, 2001, 115 Stat. 986.)

SUBCHAPTER II—MISCELLANEOUS PROVISIONS

§ 3681. Limitations on educational assistance

(a) No educational assistance allowance granted under chapter

30, 34, 35, or 36 of this title or 106 or 107 of title 10, or subsistence

allowance granted under chapter 31 of this title shall be paid to
439 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3683

any eligible person (1) who is on active duty and is pursuing a

course of education which is being paid for by the Armed Forces

(or by the Department of Health and Human Services in the case

of the Public Health Service); or (2) who is attending a course of

education or training paid for under chapter 41 of title 5.

(b) No person may receive benefits concurrently under two or

more of the provisions of law listed below:

(1) Chapters 30, 31, 32, 34, 35, and 36 of this title.

(2) Chapters 106 and 107 of title 10.

(3) Section 903 of the Department of Defense Authorization

Act, 1981 (Public Law 96–342, 10 U.S.C. 2141 note.)

(4) The Hostage Relief Act of 1980 (Public Law 96–449, 5

U.S.C. 5561 note.)

(5) The Omnibus Diplomatic Security and Antiterrorism Act

of 1986 (Public Law 99–399).

(Added P.L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 21, § 1781; amended P.L. 91–219,

§ 213(1), Mar. 26, 1970, 84 Stat. 83; P.L. 92–540, § 403(8), Oct. 24, 1972, 86 Stat.

1090; P.L. 94–502, § 513(a)(13), Oct. 15, 1976, 90 Stat. 2403; P.L. 96–466, § 102,

§ 801(e), Oct. 17, 1980, 94 Stat. 2187, 2216; P.L. 97–295, § 4(53), Oct. 12, 1982, 96

Stat. 1309; P.L. 98–223, § 203(c)(1), Mar. 2, 1984, 98 Stat. 41; P.L. 98–525, § 703(c),

Oct. 19, 1984, 98 Stat. 2564; P.L. 99–576, §§ 317, 321(9), Oct. 28, 1986, 100 Stat.

3275, 3278; P.L. 101–237, § 423(a)(8)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered

§ 3681, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; P.L. 102–568, § 315, Oct. 29,

1992, 106 Stat. 4333.)

§ 3682. Control by agencies of the United States

Except as provided in section 3674A of this title, no department,

agency, or officer of the United States, in carrying out this chapter,

shall exercise any supervision or control, whatsoever, over any

State approving agency, or State educational agency, or any educational institution. Nothing in this section shall be deemed to prevent any department, agency, or officer of the United States from

exercising any supervision or control which such department, agency, or officer is authorized by law to exercise over any Federal educational institution or to prevent the furnishing of education under

this chapter or chapter 34 or 35 of this title in any institution over

which supervision or control is exercised by such other department,

agency, or officer under authority of law.

(Added P.L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 21, § 1782; amended P.L. 92–540,

§ 403(9), Oct. 24, 1972, 86 Stat. 1090; P.L. 100–323, § 13(b)(6), May 20, 1988, 102

Stat. 574; renumbered § 3682 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406.)

§ 3683. Conflicting interests

(a) Every officer or employee of the Department of Veterans Affairs who has, while such an officer or employee, owned any interest in, or received any wages, salary, dividends, profits, gratuities,

or services from, any educational institution operated for profit in

which an eligible person or veteran was pursuing a program of education or course under this chapter or chapter 34 or 35 of this title

shall be immediately dismissed from such officer’s or employee’s office or employment.

(b) If the Secretary finds that any person who is an officer or employee of a State approving agency has, while such person was

such an officer or employee, owned any interest in, or received any
§ 3683 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 440

wages, salary, dividends, profits, gratuities, or services from, an

educational institution operated for profit in which an eligible person or veteran was pursuing a program of education or course

under this chapter or chapter 34 or 35 of this title, the Secretary

shall discontinue making payments under section 3674 of this title

to such State approving agency unless such agency shall, without

delay, take such steps as may be necessary to terminate the employment of such person and such payments shall not be resumed

while such person is an officer or employee of the State approving

agency, or State department of veterans’ affairs or State department of education.

(c) A State approving agency shall not approve any course offered

by an educational institution operated for profit, and, if any such

course has been approved, shall disapprove each such course, if it

finds that any officer or employee of the Department of Veterans

Affairs or the State approving agency owns an interest in, or receives any wages, salary, dividends, profits, gratuities, or services

from, such institution.

(d) The Secretary may, after reasonable notice and public hearings, waive in writing the application of this section in the case of

any officer or employee of the Department of Veterans Affairs or

of a State approving agency, if the Secretary finds that no detriment will result to the United States or to eligible persons or veterans by reasons of such interest or connection of such officer or

employee.

(Added P.L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 22, § 1783; amended P.L. 92–540,

§ 403(10), Oct. 24, 1972, 86 Stat. 1090; P.L. 94–502, § 513(a)(14)–(16), Oct. 15, 1976,

90 Stat. 2403; P.L. 97–295, § 4(54), Oct. 12, 1982, 96 Stat. 1309; P.L. 101–237,

§ 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3683 and amended P.L.

102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 3684. Reports by veterans, eligible persons, and institutions; reporting fee

(a)(1) Except as provided in paragraph (2) of this subsection, the

veteran or eligible person and the educational institution offering

a course in which such veteran or eligible person is enrolled under

chapter 31, 34, 35, or 36 of this title shall, without delay, report

to the Secretary, in the form prescribed by the Secretary, such enrollment and any interruption or termination of the education of

each such veteran or eligible person. The date of such interruption

or termination will be the last date of pursuit, or, in the case of

correspondence training, the last date a lesson was serviced by a

school.

(2)(A) In the case of a program of independent study pursued on

less than a half-time basis in an educational institution, the Secretary may approve a delay by the educational institution in reporting the enrollment or reenrollment of an eligible veteran or eligible person until the end of the term, quarter, or semester if the

educational institution requests the delay and the Secretary determines that it is not feasible for the educational institution to monitor interruption or termination of the veteran’s or eligible person’s

pursuit of such program.

(B) An educational institution which, pursuant to subparagraph

(A) of this paragraph, is delaying the reporting of the enrollment
441 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3684

or reenrollment of a veteran shall provide the veteran with notice

of the delay at the time that the veteran enrolls or reenrolls.

(3)(A) Subject to subparagraph (B) of this paragraph, an educational institution offering courses on a term, quarter, or semester

basis may certify the enrollment of a veteran who is not on active

duty, or of an eligible person, in such courses for more than one

term, quarter, or semester at a time, but not for a period extending

beyond the end of a school year (including the summer enrollment

period).

(B) Subparagraph (A) of this paragraph shall not apply with respect to any term, quarter, or semester for which the veteran or eligible person is enrolled on a less than half-time basis and shall not

be construed as restricting the Secretary from requiring that an

educational institution, in reporting an enrollment for more than

one term, quarter, or semester, specify the dates of any intervals

within or between any such terms, quarters, or semesters.

(b) The Secretary, prior to making payment of a reporting fee to

an educational institution, as provided for in subsection (c) of this

section, shall require such institution to certify that it has exercised reasonable diligence in determining whether such institution

or any course offered by such institution approved for the enrollment of veterans or eligible persons meets all of the applicable requirements of chapters 31, 34, 35, and 36 of this title and that it

will, without delay, report any failure to meet any such requirement to the Secretary.

(c) The Secretary may pay to any educational institution, or to

any joint apprenticeship training committee acting as a training establishment, furnishing education or training under either this

chapter or chapter 31, 34 or 35 of this title, a reporting fee which

will be in lieu of any other compensation or reimbursement for reports or certifications which such educational institution or joint

apprenticeship training committee is required to submit to the Secretary by law or regulation. Such reporting fee shall be computed

for each calendar year by multiplying $7 by the number of eligible

veterans or eligible persons enrolled under this chapter or chapter

31, 34 or 35 of this title, or $11 in the case of those eligible veterans and eligible persons whose educational assistance checks are

directed in care of each institution for temporary custody and delivery and are delivered at the time of registration as provided under

section 3680(d)(4) of this title, during the calendar year. The reporting fee shall be paid to such educational institution or joint apprenticeship training committee as soon as feasible after the end

of the calendar year for which it is applicable. No reporting fee payable to an educational institution under this subsection shall be

subject to offset by the Secretary against any liability of such institution for any overpayment for which such institution may be administratively determined to be liable under section 3685 of this

title unless such liability is not contested by such institution or has

been upheld by a final decree of a court of appropriate jurisdiction.

The reporting fee payable under this subsection shall be paid from

amounts appropriated for readjustment benefits.

(Added P.L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 22, § 1784; amended P.L. 90–77,

§ 308(a), Aug. 31, 1967, 81 Stat. 189; P.L. 92–540, § 315, Oct. 24, 1972, 86 Stat.

1084; P.L. 93–508, § 210(2), Dec. 3, 1974, 88 Stat. 1585; P.L. 94–502, §§ 507, 508,
§ 3684 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 442

513(a)(17), Oct. 15, 1976, 90 Stat. 2400, 2403; P.L. 95–202, § 304(a)(1), Nov. 23,

1977, 91 Stat. 1442; P.L. 96–466, § 343(a), (b)(1), § 601(e), Oct. 17, 1980, 94 Stat.

2198, 2208; P.L. 97–295, § 4(55), Oct. 12, 1982, 96 Stat. 1309; P.L. 99–576, §§ 318,

319, Oct. 28, 1986, 100 Stat. 3275; P.L. 101–237, §§ 416(a), 423(b)(1)(A), Dec. 18,

1989, 103 Stat. 2086, 2092; renumbered § 3684 and amended P.L. 102–83, § 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 105–368, § 201, Nov. 11, 1998, 112 Stat.

3326; P.L. 106–419, § 404(a)(7), Nov. 1, 2000, 114 Stat. 1865.)

§ 3684A. Procedures relating to computer matching program

(a)(1) Notwithstanding section 552a(p) of title 5 and subject to

paragraph (2) of this subsection, the Secretary may suspend, terminate, reduce, or make a final denial of any financial assistance or

payment under an educational assistance program provided for in

chapter 30 or 32 of this title or in chapter 106 of title 10 in the

case of any individual, or take other adverse action against such

individual, based on information produced by a matching program

with the Department of Defense.

(2) The Secretary may not take any action referred to in paragraph (1) of this subsection until— (A) the individual concerned has been provided a written notice containing a statement of the findings of the Secretary

based on the matching program, a description of the proposed

action, and notice of the individual’s right to contest such findings within 10 days after the date of the notice; and

(B) the 10-day period referred to in subparagraph (A) of this

paragraph has expired.

(3) In computing the 10-day period referred to in paragraph (2)

of this subsection, Saturdays, Sundays, and Federal holidays shall

be excluded.

(b) For the purposes of subsection (q) of section 552a of title 5,

compliance with the provisions of subsection (a) of this section shall

be considered compliance with the provisions of subsection (p) of

such section 552a.

(c) For purposes of this section, the term ‘‘matching program’’ has

the same meaning provided in section 552a(a)(8) of title 5.

(Added P.L. 101–366, § 206(a), Aug. 15, 1990, 104 Stat. 441, § 1784A; renumbered

§ 3684A, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3685. Overpayments to eligible persons or veterans

(a) Whenever the Secretary finds that an overpayment has been

made to a veteran or eligible person, the amount of such overpayment shall constitute a liability of such veteran or eligible person

to the United States.

(b) Whenever the Secretary finds that an overpayment has been

made to a veteran or eligible person as the result of (1) the willful

or negligent failure of an educational institution to report, as required under this chapter or chapter 34 or 35 of this title, to the

Department of Veterans Affairs excessive absences from a course,

or discontinuance or interruption of a course by the veteran or eligible person, or (2) the willful or negligent false certification by an

educational institution, the amount of such overpayment shall constitute a liability of the educational institution to the United

States.

(c) Any overpayment referred to in subsection (a) or (b) of this

section may be recovered, except as otherwise provided in the last
443 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3686

sentence of section 3684(c) of this title, in the same manner as any

other debt due the United States.

(d) Any overpayment referred to in subsection (a) or (b) of this

section may be waived as to a veteran or eligible person as provided in section 5302 of this title. Waiver of any such overpayment

as to a veteran or eligible person shall in no way release any educational institution from liability under subsection (b) of this section.

(e)(1) Any amount collected from a veteran or eligible person pursuant to this section shall be reimbursed to the educational institution which is liable pursuant to subsection (b) of this section to the

extent that collection was made from the educational institution.

(2) Nothing in this section or any other provision of this title

shall be construed as (A) precluding the imposition of any civil or

criminal liability under this title or any other law, or (B) requiring

any institution of higher learning to maintain daily attendance

records for any course leading to a standard college degree.

(Added P.L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 22, § 1785; amended P.L. 92–540,

§ 403(11), Oct. 24, 1972, 86 Stat. 1090; P.L. 95–202, § 304(a)(2), Nov. 23, 1977, 91

Stat. 1442; P.L. 96–466, § 344, Oct. 17, 1980, 94 Stat. 2199; P.L. 101–237,

§ 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; P.L. 102–40, § 402(d)(1), May 7, 1991, 105

Stat. 239; renumbered § 3685 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406.)

§ 3686. Correspondence courses

(a)(1) Each eligible veteran (as defined in section 3452(a)(1) and

(2) of this title) and each eligible spouse or surviving spouse (as defined in section 3501(a)(1)(B), (C), or (D) of this title) who enters

into an enrollment agreement to pursue a program of education exclusively by correspondence shall be paid an educational assistance

allowance computed at the rate of 55 percent of the established

charge which the institution requires nonveterans to pay for the

course or courses pursued by the eligible veteran or spouse or surviving spouse. The term ‘‘established charge’’ as used herein means

the charge for the course or courses determined on the basis of the

lowest extended time payment plan offered by the institution and

approved by the appropriate State approving agency or the actual

cost to the veteran or spouse or surviving spouse, whichever is the

lesser. Such allowance shall be paid quarterly on a pro rata basis

for the lessons completed by the veteran or spouse or surviving

spouse and serviced by the institution.

(2) The period of entitlement of any veteran or spouse or surviving spouse who is pursuing any program of education exclusively by correspondence shall be charged with one month for each

$376 which is paid to the veteran or spouse or surviving spouse as

an educational assistance allowance for such course.

(3) Notwithstanding any other provision of law unless enacted in

express limitation of this paragraph, funds in the Department of

Veterans Affairs readjustment benefits account shall be available

for payments under paragraph (1) of this subsection for pursuit of

a program of education exclusively by correspondence in which the

veteran or spouse or surviving spouse enrolls after September 30,

1981.

(b) The enrollment agreement shall fully disclose the obligation

of both the institution and the veteran or spouse or surviving
§ 3686 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 444

spouse and shall prominently display the provisions for affirmance,

termination, refunds, and the conditions under which payment of

the allowance is made by the Secretary to the veteran or spouse

or surviving spouse. A copy of the enrollment agreement shall be

furnished to each such veteran or spouse or surviving spouse at the

time such veteran or spouse or surviving spouse signs such agreement. No such agreement shall be effective unless such veteran or

spouse or surviving spouse shall, after the expiration of ten days

after the enrollment agreement is signed, have signed and submitted to the Secretary a written statement, with a signed copy to

the institution, specifically affirming the enrollment agreement. In

the event the veteran or spouse or surviving spouse at any time notifies the institution of such veteran’s or spouse’s intention not to

affirm the agreement in accordance with the preceding sentence,

the institution, without imposing any penalty or charging any fee

shall promptly make a full refund of all amounts paid.

(c) In the event a veteran or spouse or surviving spouse elects to

terminate such veteran’s or spouse’s enrollment under an affirmed

enrollment agreement, the institution may charge the veteran or

spouse or surviving spouse a registration or similar fee not in excess of 10 percent of the tuition for the course, or $50, whichever

is less. Where the veteran or spouse or surviving spouse elects to

terminate the agreement after completion of one or more but less

than 25 percent of the total number of lessons comprising the

course, the institution may retain such registration or similar fee

plus 25 percent of the tuition for the course. Where the veteran or

spouse or surviving spouse elects to terminate the agreement after

completion of 25 percent but less than 50 percent of the lessons

comprising the course, the institution may retain the full registration or similar fee plus 50 percent of the course tuition. If 50 percent or more of the lessons are completed, no refund of tuition is

required.

(Added P.L. 92–540, § 316(1), Oct. 24, 1972, 86 Stat. 1084, § 1786; amended P.L. 93–

508, § 104(1), Dec. 3, 1974, 88 Stat. 1580; P.L. 93–602, § 205(a), Jan. 2, 1975, 88

Stat. 1958; P.L. 94–502, §§ 501(1), 513(a)(18), Oct. 15, 1976, 90 Stat. 2398, 2403;

P.L. 95–202, § 104(1), Nov. 23, 1977, 91 Stat. 1435; P.L. 96–466, §§ 203(2), 213(2),

§ 604, Oct. 17, 1980, 94 Stat. 2189, 2191, 2209; P.L. 97–35, § 2004(a), Aug. 13, 1981,

95 Stat. 782; P.L. 97–174, § 5(a), May 4, 1982, 96 Stat. 75; P.L. 97–295, § 4(56), Oct.

12, 1982, 96 Stat. 1309; P.L. 98–543, § 204(1), Oct. 24, 1984, 98 Stat. 2742; P.L.

101–237, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3686 and amended

P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 103–446, § 605(a)(2)(C),

Nov. 2, 1994, 108 Stat. 4672.)

§ 3687. Apprenticeship or other on-job training

(a) An eligible veteran (as defined in section 3452(a)(1) of this

title) or an eligible person (as defined in section 3501(a) of this

title) shall be paid a training assistance allowance as prescribed by

subsection (b) of this section while pursuing a full-time—

(1) program of apprenticeship approved by a State approving

agency as meeting the standards of apprenticeship published

by the Secretary of Labor pursuant to section 2 of the Act of

August 16, 1937 (popularly known as the ‘‘National Apprenticeship Act’’) (29 U.S.C. 50a), or

(2) program of other on-job training approved under provisions of section 3677 of this title,
445 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3687

subject to the conditions and limitations of chapters 34 and 35 of

this title with respect to educational assistance.

(b)(1) The monthly training assistance allowance of an eligible

veteran pursuing a program described under subsection (a) shall be

as follows:

Column I Column II Column III Column IV Column V

Periods of training No dependents

One dependentTwo dependents More than two dependents

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

First 6 months ................ $274 $307 $336 $14

Second 6 months ............ 205 239 267 14

Third 6 months ............... 136 171 198 14

Fourth and any succeeding 6-month periods.

68 101 131 14

(2) The monthly training assistance allowance of an eligible person pursuing a program described under subsection (a) shall be

$488 for the first six months, $365 for the second six months, $242

for the third six months, and $122 for the fourth and any succeeding six-month periods of training.

(3) In any month in which an eligible veteran or person pursuing

a program of apprenticeship or a program of other on-job training

fails to complete one hundred and twenty hours of training in such

month, the monthly training assistance allowance set forth in subsection (b)(1) or (2) of this section, as applicable, shall be reduced

proportionately in the proportion that the number of hours worked

bears to one hundred and twenty hours rounded off to the nearest

eight hours.

(c) For the purpose of this chapter, the terms ‘‘program of apprenticeship’’ and ‘‘program of other on-job training’’ shall have the

same meaning as ‘‘program of education’’; and the term ‘‘training

assistance allowance’’ shall have the same meaning as ‘‘educational

assistance allowance’’ as set forth in chapters 34 and 35 of this

title.

(d) With respect to any fiscal year, the Secretary shall provide a

percentage increase (rounded to the nearest dollar) in the rates

payable under subsection (b)(2) equal to the percentage by which— (1) the Consumer Price Index (all items, United States city

average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase

is made, exceeds

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

(Added P.L. 92–540, § 316(1), Oct. 24, 1972, 86 Stat. 1085, § 1787; amended P.L. 93–

508, § 104(2), (3), Dec. 3, 1974, 88 Stat. 1580; P.L. 93–602, § 205(b), Jan. 2, 1975,

88 Stat. 1959; P.L. 94–502, § 501(2), Oct. 15, 1976, 90 Stat. 2398; P.L. 95–202,

§ 104(2), Nov. 23, 1977, 91 Stat. 1435; P.L. 96–466, §§ 203(3), 213(3), Oct. 17, 1980,

94 Stat. 2189, 2191; P.L. 97–295, § 4(57), Oct. 12, 1982, 96 Stat. 1309; P.L. 98–543,

§ 204(2), Oct. 24, 1984, 98 Stat. 2742; P.L. 101–237, § 403(b), Dec. 18, 1989, 103

Stat. 2080; renumbered § 3687 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406; P.L. 105–206, § 8210(d), July 22, 1998, 112 Stat. 866; P.L. 106–419,

§ 111(d), (f)(2), Nov. 1, 2000, 114 Stat. 1830, 1831; P.L. 107–103, § 102(d), Dec. 27,

2001, 115 Stat. 978.)
§ 3688 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 446

§ 3688. Measurement of courses

(a) For the purposes of this chapter and chapters 34 and 35 of

this title—(1) an institutional trade or technical course offered on a

clock-hour basis, not leading to a standard college degree, involving shop practice as an integral part thereof, shall be considered a full-time course when a minimum of 22 hours per

week of attendance (excluding supervised study) is required,

with no more than 21⁄2 hours of rest periods per week allowed;

(2) an institutional course offered on a clock-hour basis, not

leading to a standard college degree, in which theoretical or

classroom instruction predominates shall be considered a fulltime course when a minimum of 18 hours per week net of instruction (excluding supervised study but which may include

customary intervals not to exceed 10 minutes between hours of

instruction) is required;

(3) an academic high school course requiring sixteen units

for a full course shall be considered a full-time course when (A)

a minimum of four units per year is required or (B) an individual is pursuing a program of education leading to an accredited high school diploma at a rate which, if continued, would

result in receipt of such a diploma in four ordinary school

years. For the purpose of subclause (A) of this clause, a unit

is defined to be not less than one hundred and twenty sixtyminute hours or their equivalent of study in any subject in one

academic year;

(4) an institutional undergraduate course offered by a college

or university on a standard quarter- or semester-hour basis,

other than a course pursued as part of a program of education

beyond the baccalaureate level, shall be considered a full-time

course when a minimum of fourteen semester hours per semester or the equivalent thereof (including such hours for which

no credit is granted but which are required to be taken to correct an educational deficiency and which the educational institution considers to be quarter or semester hours for other administrative purposes), for which credit is granted toward a

standard college degree, is required, except that where such

college or university certifies, upon the request of the Secretary, that (A) full-time tuition is charged to all undergraduate students carrying a minimum of less than fourteen

such semester hours or the equivalent thereof, or (B) all undergraduate students carrying a minimum of less than fourteen

such semester hours or the equivalent thereof, are considered

to be pursuing a full-time course for other administrative purposes, then such an institutional undergraduate course offered

by such college or university with such minimum number of

such semester hours shall be considered a full-time course, but

in the event such minimum number of semester hours is less

than twelve semester hours or the equivalent thereof, then

twelve semester hours or the equivalent thereof shall be considered a full-time course;

(5) a program of apprenticeship or a program of other on-job

training shall be considered a full-time program when the eligi-
447 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3689

ble veteran or person is required to work the number of hours

constituting the standard workweek of the training establishment, but a workweek of less than thirty hours shall not be

considered to constitute full-time training unless a lesser number of hours has been established as the standard workweek

for the particular establishment through bona fide collective

bargaining;

(6) an institutional course offered as part of a program of

education, not leading to a standard college degree, under section 3034(a)(3), 3241(a)(2), or 3533(a) of this title shall be considered a full-time course on the basis of measurement criteria

provided in clause (2), (3), or (4) of this subsection as determined by the educational institution; and

(7) an institutional course not leading to a standard college

degree offered by an educational institution on a standard

quarter- or semester-hour basis shall be measured as full time

on the same basis as provided in paragraph (4) of this subsection, but if the educational institution offering the course is

not an institution of higher learning, then in no event shall

such course be considered full time when it requires less than

the minimum weekly hours of attendance required for full time

by paragraph (1) or (2) of this subsection, as appropriate.

(b) The Secretary shall define part-time training in the case of

the types of courses referred to in subsection (a), and shall define

full-time and part-time training in the case of all other types of

courses pursued under this chapter, chapter 30, 32, or 35 of this

title, or chapter 106 of title 10.

(Added P.L. 92–540, § 316(2), Oct. 24, 1972, 86 Stat. 1086, § 1788; amended P.L. 93–

508, § 211, Dec. 3, 1974, 88 Stat. 1585; P.L. 94–502, § 509(a), Oct. 15, 1976, 90 Stat.

2400; P.L. 95–202, § 304(a)(3), Nov. 23, 1977, 91 Stat. 1442; P.L. 96–466, § 345,

§ 601(f), Oct. 17, 1980, 94 Stat. 2199, 2208; P.L. 97–295, § 4(58), Oct. 12, 1982, 96

Stat. 1309; P.L. 99–576, § 315(a)(2), (b), Oct. 28, 1986, 100 Stat. 3274; P.L. 100–322,

§ 321(a), May 20, 1988, 102 Stat. 535; P.L. 101–237, §§ 413(a), 417, 423(b)(1)(A), Dec.

18, 1989, 103 Stat. 2085, 2086, 2092; renumbered § 3688 and amended P.L. 102–

83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–568, § 316(a), Oct. 29, 1992,

106 Stat. 4333; P.L. 103–446, § 607, § 1201(e)(12), Nov. 2, 1994, 108 Stat. 4672,

4685.)

§ 3689. Approval requirements for licensing and certification testing

(a) IN GENERAL.—(1) No payment may be made for a licensing

or certification test described in section 3452(b) or 3501(a)(5) of this

title unless the Secretary determines that the requirements of this

section have been met with respect to such test and the organization or entity offering the test. The requirements of approval for

tests and organizations or entities offering tests shall be in accordance with the provisions of this chapter and chapters 30, 32, 34,

and 35 of this title and with regulations prescribed by the Secretary to carry out this section.

(2) To the extent that the Secretary determines practicable, State

approving agencies may, in lieu of the Secretary, approve licensing

and certification tests, and organizations and entities offering such

tests, under this section.
§ 3689 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 448

(b) REQUIREMENTS FOR TESTS.—(1) Subject to paragraph (2), a licensing or certification test is approved for purposes of this section

only if—

(A) the test is required under Federal, State, or local law or

regulation for an individual to enter into, maintain, or advance

in employment in a predetermined and identified vocation or

profession; or

(B) the Secretary determines that the test is generally accepted, in accordance with relevant government, business, or

industry standards, employment policies, or hiring practices, as

attesting to a level of knowledge or skill required to qualify to

enter into, maintain, or advance in employment in a predetermined and identified vocation or profession.

(2) A licensing or certification test offered by a State, or a political subdivision of a State, is deemed approved by the Secretary for

purposes of this section.

(c) REQUIREMENTS FOR ORGANIZATIONS OR ENTITIES OFFERING

TESTS.—(1) Each organization or entity that is not an entity of the

United States, a State, or political subdivision of a State, that offers a licensing or certification test for which payment may be

made under chapter 30, 32, 34, or 35 of this title and that meets

the following requirements, shall be approved by the Secretary to

offer such test:

(A) The organization or entity certifies to the Secretary that

the licensing or certification test offered by the organization or

entity is generally accepted, in accordance with relevant government, business, or industry standards, employment policies,

or hiring practices, as attesting to a level of knowledge or skill

required to qualify to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession.

(B) The organization or entity is licensed, chartered, or incorporated in a State and has offered the test for a minimum of

two years before the date on which the organization or entity

first submits to the Secretary an application for approval

under this section.

(C) The organization or entity employs, or consults with, individuals with expertise or substantial experience with respect

to all areas of knowledge or skill that are measured by the test

and that are required for the license or certificate issued.

(D) The organization or entity has no direct financial interest

in—

(i) the outcome of the test; or

(ii) organizations that provide the education or training

of candidates for licenses or certificates required for vocations or professions.

(E) The organization or entity maintains appropriate records

with respect to all candidates who take the test for a period

prescribed by the Secretary, but in no case for a period of less

than three years.

(F)(i) The organization or entity promptly issues notice of the

results of the test to the candidate for the license or certificate.

(ii) The organization or entity has in place a process to review complaints submitted against the organization or entity
449 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3689

with respect to the test or the process for obtaining a license

or certificate required for vocations or professions.

(G) The organization or entity furnishes to the Secretary

such information with respect to the test as the Secretary requires to determine whether payment may be made for the test

under chapter 30, 32, 34, or 35 of this title, including personal

identifying information, fee payment, and test results. Such information shall be furnished in the form prescribed by the Secretary.

(H) The organization or entity furnishes to the Secretary the

following information:

(i) A description of the licensing or certification test offered by the organization or entity, including the purpose

of the test, the vocational, professional, governmental, and

other entities that recognize the test, and the license or

certificate issued upon successful completion of the test.

(ii) The requirements to take the test, including the

amount of the fee charged for the test and any prerequisite

education, training, skills, or other certification.

(iii) The period for which the license or certificate awarded upon successful completion of the test is valid, and the

requirements for maintaining or renewing the license or

certificate.

(I) Upon request of the Secretary, the organization or entity

furnishes such information to the Secretary that the Secretary

determines necessary to perform an assessment of—

(i) the test conducted by the organization or entity as

compared to the level of knowledge or skills that a license

or certificate attests; and

(ii) the applicability of the test over such periods of time

as the Secretary determines appropriate.

(2) With respect to each organization or entity that is an entity

of the United States, a State, or political subdivision of a State,

that offers a licensing or certification test for which payment may

be made under chapters 30, 32, 34, or 35 of this title, the following

provisions of paragraph (1) shall apply to the entity: subparagraphs

(E), (F), (G), and (H).

(d) ADMINISTRATION.—Except as otherwise specifically provided

in this section or chapter 30, 32, 34, or 35 of this title, in implementing this section and making payment under any such chapter

for a licensing or certification test, the test is deemed to be a

‘‘course’’ and the organization or entity that offers such test is

deemed to be an ‘‘institution’’ or ‘‘educational institution’’, respectively, as those terms are applied under and for purposes of sections 3671, 3673, 3674, 3678, 3679, 3681, 3682, 3683, 3685, 3690,

and 3696 of this title.

(e) PROFESSIONAL CERTIFICATION AND LICENSURE ADVISORY COMMITTEE.—(1) There is established within the Department a committee to be known as the Professional Certification and Licensure

Advisory Committee (hereinafter in this section referred to as the

‘‘Committee’’).

(2) The Committee shall advise the Secretary with respect to the

requirements of organizations or entities offering licensing and certification tests to individuals for which payment for such tests may
§ 3689 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 450

be made under chapter 30, 32, 34, or 35 of this title, and such other

related issues as the Committee determines to be appropriate.

(3)(A) The Secretary shall appoint seven individuals with expertise in matters relating to licensing and certification tests to serve

as members of the Committee.

(B) The Secretary of Labor and the Secretary of Defense shall

serve as ex officio members of the Committee.

(C) A vacancy in the Committee shall be filled in the manner in

which the original appointment was made.

(4)(A) The Secretary shall appoint the chairman of the Committee.

(B) The Committee shall meet at the call of the chairman.

(5) The Committee shall terminate December 31, 2006.

(Added P.L. 106–419, § 122(c)(1), Nov. 1, 2000, 114 Stat. 1835.)

§ 3690. Overcharges by educational institutions; discontinuance of allowances; examination of records; false

or misleading statements

Overcharges by Educational Institutions

(a) If the Secretary finds that an educational institution has—

(1) charged or received from any eligible veteran or eligible

person pursuing a program of education under this chapter or

chapter 34 or 35 of this title any amount for any course in excess of the charges for tuition and fees which such institution

requires similarly circumstanced nonveterans not receiving assistance under such chapters who are enrolled in the same

course to pay, or

(2) instituted, after October 24, 1972, a policy or practice

with respect to the payment of tuition, fees, or other charges

in the case of eligible veterans and the Secretary finds that the

effect of such policy or practice substantially denies to veterans

the benefits of the advance allowances under such section,

the Secretary may disapprove such educational institution for the

enrollment of any eligible veteran or eligible person not already enrolled therein under this chapter or chapter 31, 34, or 35 of this

title.

Discontinuance of Allowances

(b)(1) The Secretary may discontinue the educational assistance

allowance of any eligible veteran or eligible person if the Secretary

finds that the program of education or any course in which the veteran or person is enrolled fails to meet any of the requirements of

this chapter or chapter 34 or 35 of this title, or if the Secretary

finds that the educational institution offering such program or

course has violated any provision of this chapter or chapter 34 or

35 of this title or fails to meet any of the requirements of such

chapters.

(2) Except as provided in paragraph (3) of this subsection, any

action by the Secretary under paragraph (1) of this subsection to

discontinue (including to suspend) assistance provided to any eligible veteran or eligible person under this chapter or chapter 31, 32,
451 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3690

34, or 35 of this title shall be based upon evidence that the veteran

or eligible person is not or was not entitled to such assistance.

Whenever the Secretary so discontinues any such assistance, the

Secretary shall concurrently provide written notice to such veteran

or person of such discontinuance and that such veteran or person

is entitled thereafter to a statement of the reasons for such action

and an opportunity to be heard thereon.

(3)(A) The Secretary may suspend educational assistance to eligible veterans and eligible persons already enrolled, and may disapprove the enrollment or reenrollment of any eligible veteran or

eligible person, in any course as to which the Secretary has evidence showing a substantial pattern of eligible veterans or eligible

persons, or both, who are receiving such assistance by virtue of

their enrollment in such course but who are not entitled to such

assistance because (i) the course approval requirements of this

chapter are not being met, or (ii) the educational institution offering such course has violated one or more of the recordkeeping or

reporting requirements of this chapter or chapter 30, 32, 34, or 35

of this title.

(B) Action may be taken under subparagraph (A) of this paragraph only after—

(i) the Secretary provides to the State approving agency concerned and the educational institution concerned written notice

of any such failure to meet such approval requirements and

any such violation of such recordkeeping or reporting requirements;

(ii) such institution refuses to take corrective action or does

not within 60 days after such notice (or within such longer period as the Secretary determines is reasonable and appropriate) take corrective action; and

(iii) the Secretary, not less than 30 days before taking action

under such subparagraph, provides to each eligible veteran and

eligible person already enrolled in such course written notice

of the Secretary’s intent to take such action (and the reasons

therefor) unless such corrective action is taken within such 60

days (or within such longer period as the Secretary has determined is reasonable and appropriate), and of the date on which

the Secretary intends to take action under such subparagraph.

Examination of Records

(c) Notwithstanding any other provision of law, the records and

accounts of educational institutions pertaining to eligible veterans

or eligible persons who received educational assistance under this

chapter or chapter 31, 32, 34, or 35 of this title, as well as the

records of other students which the Secretary determines necessary

to ascertain institutional compliance with the requirements of such

chapters, shall be available for examination by duly authorized representatives of the Government.

False or Misleading Statements

(d) Whenever the Secretary finds that an educational institution

has willfully submitted a false or misleading claim, or that a vet-
§ 3690 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 452

eran or person, with the complicity of an educational institution,

has submitted such a claim, the Secretary shall make a complete

report of the facts of the case to the appropriate State approving

agency and, where deemed advisable, to the Attorney General of

the United States for appropriate action.

(Added P.L. 92–540, § 316(2), Oct. 24, 1972, 86 Stat. 1088, § 1790; amended P.L. 94–

502, §§ 510, 513(a)(19), Oct. 15, 1976, 90 Stat. 2401, 2403; P.L. 95–202, § 306, Nov.

23, 1977, 91 Stat. 1445; P.L. 96–466, § 801(f), Oct. 17, 1980, 94 Stat. 2216; P.L. 97–

295, § 4(59), Oct. 12, 1982, 96 Stat. 1309; P.L. 97–306, § 207, Oct. 14, 1982, 96 Stat.

1435; P.L. 101–237, § 423(a)(9), (b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3690, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; P.L. 102–86,

§ 506(b)(1), Aug. 14, 1991, 105 Stat. 426.)

§ 3691. Change of program

(a) Except as provided in subsections (b) and (c) of this section,

each eligible veteran and eligible person may make not more than

one change of program of education, but an eligible veteran or eligible person whose program has been interrupted or discontinued

due to the veteran’s or person’s own misconduct, the veteran’s or

person’s own neglect, or the veteran’s or person’s own lack of application shall not be entitled to any such change.

(b) The Secretary, in accordance with procedures that the Secretary may establish, may approve a change other than a change

under subsection (a) of this section (or an initial change in the case

of a veteran or person not eligible to make a change under subsection (a)) in program if the Secretary finds that—

(1) the program of education which the eligible veteran or eligible person proposes to pursue is suitable to the veteran’s or

person’s aptitudes, interests, and abilities; and

(2) in any instance where the eligible veteran or eligible person has interrupted, or failed to progress in, the veteran’s or

person’s program due to the veteran’s or person’s own misconduct, the veteran’s or person’s own neglect, or the veteran’s

or person’s own lack of application, there exists a reasonable

likelihood with respect to the program which the eligible veteran or eligible person proposes to pursue that there will not

be a recurrence of such an interruption or failure to progress.

(c) The Secretary may also approve additional changes in program if the Secretary finds such changes are necessitated by circumstances beyond the control of the eligible veteran or eligible

person.

(d) For the purposes of this section, the term ‘‘change of program

of education’’ shall not be deemed to include a change by a veteran

or eligible person from the pursuit of one program to the pursuit

of another program if—

(1) the veteran or eligible person has successfully completed

the former program;

(2) the program leads to a vocational, educational, or professional objective in the same general field as the former program;

(3) the former program is a prerequisite to, or generally required for, pursuit of the subsequent program; or

(4) in the case of a change from the pursuit of a subsequent

program to the pursuit of a former program, the veteran or eli-
453 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3693

gible person resumes pursuit of the former program without

loss of credit or standing in the former program.

(Added P.L. 92–540, § 316(2), Oct. 24, 1972, 86 Stat. 1089, § 1791; amended P.L. 94–

502, § 513(a)(20), Oct. 15, 1976, 90 Stat. 2403; P.L. 101–237, § 423(b)(1)(A), Dec. 18,

1989, 103 Stat. 2092; P.L. 101–366, § 208(a), Aug. 15, 1990, 104 Stat. 443; renumbered § 3691, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; P.L. 102–568, § 317,

Oct. 29, 1992, 106 Stat. 4334.)

§ 3692. Advisory committee

(a) There shall be a Veterans’ Advisory Committee on Education

formed by the Secretary which shall be composed of persons who

are eminent in their respective fields of education, labor, and management and of representatives of institutions and establishments

furnishing education to eligible veterans or persons enrolled under

chapter 30, 32, or 35 of this title and chapter 106 of title 10. The

committee shall also include veterans representative of World War

II, the Korean conflict era, the post-Korean conflict era, the Vietnam era, the post-Vietnam era, and the Persian Gulf War. The Assistant Secretary of Education for Postsecondary Education (or

such other comparable official of the Department of Education as

the Secretary of Education may designate) and the Assistant Secretary of Labor for Veterans’ Employment and Training shall be ex

officio members of the advisory committee.

(b) The Secretary shall consult with and seek the advice of the

committee from time to time with respect to the administration of

this chapter, chapter 30, 32, and 35 of this title, and chapter 106

of title 10. The committee may make such reports and recommendations as it considers desirable to the Secretary and the

Congress.

(c) The committee shall remain in existence until December 31,

2003.

(Added P.L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 23, § 1788; renumbered § 1792 and

amended P.L. 92–540, § 316(2), (3), Oct. 24, 1972, 86 Stat. 1086, 1089; P.L. 96–466,

§ 346, Oct. 17, 1980, 94 Stat. 2200; P.L. 99–576, § 304, Oct. 28, 1986, 100 Stat. 3269;

P.L. 100–689, § 123, Nov. 18, 1988, 102 Stat. 4174; P.L. 101–237, § 423(b)(1)(A), Dec.

18, 1989, 103 Stat. 2092; P.L. 102–25, § 338, Apr. 6, 1991, 105 Stat. 91; P.L. 102–

54, § 14(c)(7), June 13, 1991, 105 Stat. 285; renumbered § 3692, P.L. 102–83, § 5(a),

Aug. 6, 1991, 105 Stat. 406; P.L. 103–210, § 2(d), Dec. 20, 1993, 107 Stat. 2497; P.L.

103–446, § 608, Nov. 2, 1994, 108 Stat. 4672.)

§ 3693. Compliance surveys

(a) Except as provided in subsection (b) of this section, the Secretary shall conduct an annual compliance survey of each institution offering one or more courses approved for the enrollment of eligible veterans or persons if at least 300 veterans or persons are enrolled in such course or courses under provisions of this title or if

any such course does not lead to a standard college degree. Such

compliance survey shall be designed to ensure that the institution

and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title. The Secretary shall

assign at least one education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year.

(b) The Secretary may waive the requirement in subsection (a)

of this section for an annual compliance survey with respect to an
§ 3693 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 454

institution if the Secretary determines, based on the institution’s

demonstrated record of compliance with all the applicable provisions of chapters 30 through 36 of this title, that the waiver would

be appropriate and in the best interest of the United States Government.

(Added P.L. 94–502, § 511(1), Oct. 15, 1976, 90 Stat. 2401, § 1793; amended P.L.

100–322, § 322, May 20, 1988, 102 Stat. 535; P.L. 101–237, § 423(b)(1)(A), Dec. 18,

1989, 103 Stat. 2092; renumbered § 3693, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat.

406.)

§ 3694. Use of other Federal agencies

In carrying out the Secretary’s functions under this chapter or

chapter 34 or 35 of this title, the Secretary may utilize the facilities

and services of any other Federal department or agency. Any such

utilization shall be pursuant to proper agreement with the Federal

department or agency concerned; and payment to cover the cost

thereof shall be made either in advance or by way of reimbursement, as may be provided in such agreement.

(Added P.L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 23, § 1790; renumbered § 1794,

P.L. 92–540, § 316(2), Oct. 24, 1972, 86 Stat. 1086; amended P.L. 94–502,

§ 513(a)(21), Oct. 15, 1976, 90 Stat. 2403; P.L. 101–237, § 423(b)(1)(A), (2), Dec. 18,

1989, 103 Stat. 2092; renumbered § 3694, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat.

406.)

§ 3695. Limitation on period of assistance under two or

more programs

(a) The aggregate period for which any person may receive assistance under two or more of the provisions of law listed below may

not exceed 48 months (or the part-time equivalent thereof):

(1) Parts VII or VIII, Veterans Regulation numbered 1(a), as

amended.

(2) Title II of the Veterans’ Readjustment Assistance Act of

1952.

(3) The War Orphans’ Educational Assistance Act of 1956.

(4) Chapters 30, 32, 34, 35, and 36 of this title, and the

former chapter 33.

(5) Chapters 107, 1606, and 1611 of title 10.

(6) Section 903 of the Department of Defense Authorization

Act, 1981 (Public Law 96–342, 10 U.S.C. 2141 note).

(7) The Hostage Relief Act of 1980 (Public Law 96–449, 5

U.S.C. 5561 note).

(8) The Omnibus Diplomatic Security and Antiterrorism Act

of 1986 (Public Law 99–399).

(b) No person may receive assistance under chapter 31 of this

title in combination with assistance under any of the provisions of

law cited in subsection (a) of this section in excess of 48 months

(or the part-time equivalent thereof) unless the Secretary determines that additional months of benefits under chapter 31 of this

title are necessary to accomplish the purposes of a rehabilitation

program (as defined in section 3101(5) of this title) in the individual case.

(Added P.L. 90–631, § 1(d)(1), Oct. 23, 1968, 82 Stat. 1331, § 1791; renumbered

§ 1795 and amended P.L. 92–540, § 316(2), § 403(13), Oct. 24, 1972, 86 Stat. 1086,

1090; P.L. 96–466, § 103, Oct. 17, 1980, 94 Stat. 2187; P.L. 98–223, § 203(c)(2), Mar.

2, 1984, 98 Stat. 41; P.L. 98–525, § 703(d), Oct. 19, 1984, 98 Stat. 2564; P.L. 101–
455 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3697

237, § 423(a)(8)(B), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3695 and

amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 106–65,

§ 551(b), Oct. 5, 1999, 113 Stat. 614; P.L. 107–103, § 509(d), Dec. 27, 2001, 115 Stat.

997.)

§ 3696. Limitation on certain advertising, sales, and enrollment practices

(a) The Secretary shall not approve the enrollment of an eligible

veteran or eligible person in any course offered by an institution

which utilizes advertising, sales, or enrollment practices of any

type which are erroneous, deceptive, or misleading either by actual

statement, omission, or intimation.

(b) To ensure compliance with this section, any institution offering courses approved for the enrollment of eligible persons or veterans shall maintain a complete record of all advertising, sales, or

enrollment materials (and copies thereof) utilized by or on behalf

of the institution during the preceding 12-month period. Such

record shall be available for inspection by the State approving

agency or the Secretary. Such materials shall include but are not

limited to any direct mail pieces, brochures, printed literature used

by sales persons, films, video tapes, and audio tapes disseminated

through broadcast media, material disseminated through print

media, tear sheets, leaflets, handbills, fliers, and any sales or recruitment manuals used to instruct sales personnel, agents, or representatives of such institution.

(c) The Secretary shall, pursuant to section 3694 of this title,

enter into an agreement with the Federal Trade Commission to utilize, where appropriate, its services and facilities, consistent with

its available resources, in carrying out investigations and making

the Secretary’s determinations under subsection (a) of this section.

Such agreement shall provide that cases arising under subsection

(a) of this section or any similar matters with respect to any of the

requirements of this chapter or chapters 34 and 35 of this title

shall be referred to the Federal Trade Commission which in its discretion will conduct an investigation and make preliminary findings. The findings and results of any such investigations shall be

referred to the Secretary who shall take appropriate action in such

cases within ninety days after such referral.

(Added P.L. 93–508, § 212(a), Dec. 3, 1974, 88 Stat. 1585, § 1796; amended P.L. 94–

502, §§ 512, 513(a)(22), Oct. 15, 1976, 90 Stat. 2402, 2403; P.L. 98–543, § 401, Oct.

24, 1984, 98 Stat. 2749; P.L. 101–237, § 423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat.

2092; renumbered § 3696 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 406.)

§ 3697. Funding of contract educational and vocational

counseling

(a) Subject to subsection (b) of this section, educational or vocational counseling services obtained by the Department of Veterans

Affairs by contract and provided to an individual under section

3697A of this title or to an individual applying for or receiving benefits under section 1524 or chapter 30, 32, 34, or 35 of this title,

or chapter 106 of title 10, shall be paid for out of funds appropriated, or otherwise available, to the Department of Veterans Affairs for payment of readjustment benefits.
§ 3697 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 456

(b) Payments under this section shall not exceed $6,000,000 in

any fiscal year.

(Added P.L. 100–687, § 1302(a), Nov. 18, 1988, 102 Stat. 4127, § 1797; amended P.L.

101–237, § 423(b)(1)(B), Dec. 18, 1989, 103 Stat. 2092; P.L. 102–16, § 2(b)(3), Mar.

22, 1991, 105 Stat. 49; renumbered § 3697 and amended P.L. 102–83, § 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406; P.L. 103–446, § 609(a), Nov. 2, 1994, 108 Stat. 4673.)

§ 3697A. Educational and vocational counseling

(a) The Secretary shall make available to an individual described

in subsection (b) of this section, upon such individual’s request,

counseling services, including such educational and vocational

counseling and guidance, testing, and other assistance as the Secretary determines necessary to aid the individual in selecting—

(1) an educational or training objective and an educational

institution or training establishment appropriate for the attainment of such objective; or

(2) an employment objective that would be likely to provide

such individual with satisfactory employment opportunities in

the light of the individual’s personal circumstances.

(b) For the purposes of this section, the term ‘‘individual’’ means

an individual who—

(1) is eligible for educational assistance under chapter 30, 31,

or 32 of this title or chapter 106 or 107 of title 10;

(2) was discharged or released from active duty under conditions other than dishonorable if not more than one year has

elapsed since the date of such last discharge or release from

active duty; or

(3) is serving on active duty in any State with the Armed

Forces and is within 180 days of the estimated date of such individual’s discharge or release from active duty under conditions other than dishonorable, including those who are making

a determination of whether to continue as members of the

Armed Forces.

(c) In any case in which the Secretary has rated the individual

as being incompetent, the counseling services described in subsection (a) of this section shall be required to be provided to the

individual before the selection of a program of education or training.

(d) At such intervals as the Secretary determines necessary, the

Secretary shall make available information concerning the need for

general education and for trained personnel in the various crafts,

trades, and professions. Facilities of other Federal agencies collecting such information shall be utilized to the extent the Secretary determines practicable.

(e) The Secretary shall take appropriate steps (including individual notification where feasible) to acquaint all individuals described in subsection (b) of this section with the availability and

advantages of counseling services under this section.

(Added P.L. 102–16, § 2(a), Mar. 22, 1991, 105 Stat. 48, § 1797A; renumbered

§ 3697A, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
457 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3698

SUBCHAPTER III—EDUCATION LOANS

§ 3698. Eligibility for loans; amount and conditions of loans;

interest rate on loans

(a)(1) Subject to paragraph (2) of this subsection, each eligible

veteran shall be entitled to a loan under this subchapter (if the

program of education is pursued in a State) in an amount determined under, and subject to the conditions specified in, subsection

(b)(1) of this section if the veteran satisfies the requirements set

forth in subsection (c) of this section and the criteria established

under subsection (g) of this section.

(2) Except in the case of a veteran to whom section 3462(a)(2) of

this title is applicable, no loan may be made under this subchapter

after September 30, 1981.

(b)(1) Subject to paragraph (3) of this subsection, the amount of

the loan to which an eligible veteran shall be entitled under this

subchapter for any academic year shall be equal to the amount

needed by such veteran to pursue a program of education at the

institution at which the veteran is enrolled, as determined under

paragraph (2) of this subsection.

(2)(A) The amount needed by a veteran to pursue a program of

education at an institution for any academic year shall be determined by subtracting (i) the total amount of financial resources (as

defined in subparagraph (B) of this paragraph) available to the veteran which may be reasonably expected to be expended by such

veteran for educational purposes in any year from (ii) the actual

cost of attendance (as defined in subparagraph (C) of this paragraph) at the institution in which such veteran is enrolled.

(B) The term ‘‘total amount of financial resources’’ of any veteran

for any year means the total of the following:

(i) The annual adjusted effective income of the veteran less

Federal income tax paid or payable by such veteran with respect to such income.

(ii) The amount of cash assets of the veteran.

(iii) The amount of financial assistance received by the veteran under the provisions of title IV of the Higher Education

Act of 1965 (20 U.S.C. 1070 et seq.).

(iv) Educational assistance received by the veteran under

this title other than under this subchapter.

(v) Financial assistance received by the veteran under any

scholarship or grant program other than those specified in

clauses (iii) and (iv).

(C) The term ‘‘actual cost of attendance’’ means, subject to such

regulations as the Secretary may provide, the actual per-student

charges for tuition, fees, room and board (or expenses related to

reasonable commuting), books, and an allowance for such other expenses as the Secretary determines by regulation to be reasonably

related to attendance at the institution at which the veteran is enrolled.

(3) The aggregate of the amounts any veteran may borrow under this subchapter may not exceed $376 multiplied by the number of

months such veteran is entitled to receive educational assistance

under section 3461 of this title, but not in excess of $2,500 in any

one regular academic year.
§ 3698 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 458

(c) An eligible veteran shall be entitled to a loan under this subchapter if such veteran— (1) is in attendance at an educational institution on at least

a half-time basis and (A) is enrolled in a course leading to a

standard college degree, or (B) is enrolled in a course, the completion of which requires six months or longer, leading to an

identified and predetermined professional or vocational objective, except that the Secretary may waive the requirements of

subclause (B) of this clause, in whole or in part, if the Secretary determines, pursuant to regulations which the Secretary

shall prescribe, it to be in the interest of the eligible veteran

and the Federal Government;

(2) enters into an agreement with the Secretary meeting the

requirements of subsection (d) of this section; and

(3) satisfies any criteria established under subsection (g) of

this section.

No loan shall be made under this subchapter to an eligible veteran

pursuing a program of correspondence, or apprenticeship or other

on-job training.

(d) Any agreement between the Secretary and a veteran under

this subchapter— (1) shall include a note or other written obligation which provides for repayment to the Secretary of the principal amount

of, and payment of interest on, the loan in installments (A)

over a period beginning nine months after the date on which

the borrower ceases to be at least a half-time student and ending ten years and nine months after such date, or (B) over such

shorter period as the Secretary may have prescribed under

subsection (g) of this section;

(2) shall include provision for acceleration of repayment of all

or any part of the loan, without penalty, at the option of the

borrower;

(3) shall provide that the loan shall bear interest, on the unpaid balance of the loan, at a rate prescribed by the Secretary,

at the time the loan is contracted for which rate shall be comparable to the rate of interest charged students at such time

on loans insured by the Secretary of Education under part B

of title IV of the Higher Education Act of 1965, but in no event

shall the rate so prescribed by the Secretary exceed the rate

charged students on such insured loans, and shall provide that

no interest shall accrue prior to the beginning date of repayment; and

(4) shall provide that the loan shall be made without security

and without endorsement.

(e)(1) Except as provided in paragraph (2) of this subsection,

whenever the Secretary determines that a default has occurred on

any loan made under this subchapter, the Secretary shall declare

an overpayment, and such overpayment shall be recovered from the

veteran concerned in the same manner as any other debt due the

United States.

(2) If a veteran who has received a loan under this section dies

or becomes permanently and totally disabled, then the Secretary

shall discharge the veteran’s liability on such loan by repaying the

amount owed on such loan.
459 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS § 3699

(f) Payment of a loan made under this section shall be drawn in

favor of the eligible veteran and mailed promptly to the educational

institution in which such veteran is enrolled. Such institution shall

deliver such payment to the eligible veteran as soon as practicable

after receipt thereof. Upon delivery of such payment to the eligible

veteran, such educational institution shall promptly submit to the

Secretary a certification, on such form as the Secretary shall prescribe, of such delivery, and such delivery shall be deemed to be an

advance payment under section 3680(d)(4) of this title for purposes

of section 3684(b) of this title.

(g)(1) The Secretary shall conduct, on a continuing basis, a review of the default experience with respect to loans made under

this section.

(2)(A) To ensure that loans are made under this section on the

basis of financial need directly related to the costs of education, the

Secretary may, by regulation, establish (i) criteria for eligibility for

such loans, in addition to the criteria and requirements prescribed

by subsections (c) and (d) of this section, in order to limit eligibility

for such loans to eligible veterans attending educational institutions with relatively high rates of tuition and fees, and (ii) criteria

under which the Secretary may prescribe a repayment period for

certain types of loans made under this section that is shorter than

the repayment period otherwise applicable under subsection

(d)(1)(A) of this section. Criteria established by the Secretary under

clause (i) of the preceding sentence may include a minimum

amount of tuition and fees that an eligible veteran may pay in

order to be eligible for such a loan (except that any such criterion

shall not apply with respect to a loan for which the veteran is eligible as a result of an extension of the period of eligibility of such

veteran for loans under this section provided for by section

3462(a)(2) of this title).

(B) In prescribing regulations under subparagraph (A) of this

paragraph, the Secretary shall take into consideration information

developed in the course of the review required by paragraph (1) of

this subsection.

(C) Regulations may be prescribed under subparagraph (A) of

this paragraph only after opportunity has been afforded for public

comment thereon.

(Added P.L. 93–508, § 301(a), Dec. 3, 1974, 88 Stat. 1589, § 1798; amended P.L. 94–

502, §§ 502(a), 513(a)(23), Oct. 15, 1976, 90 Stat. 2399, 2403; P.L. 95–202, § 104(3),

§ 202, Nov. 23, 1977, 91 Stat. 1435, 1438; P.L. 95–476, § 201, Oct. 18, 1978, 92 Stat.

1502; P.L. 96–466, §§ 203(4), 213(4), §§ 601(h), 603(b), § 801(g), Oct. 17, 1980, 94

Stat. 2189, 2191, 2208, 2209, 2216; P.L. 97–35, § 2005(d), Aug. 13, 1981, 95 Stat.

783; P.L. 97–295, § 4(60), Oct. 12, 1982, 96 Stat. 1309; P.L. 97–306, § 208, Oct. 14,

1982, 96 Stat. 1436; P.L. 98–543, § 204(3), Oct. 24, 1984, 98 Stat. 2742; P.L. 100–

689, § 124(b), Nov. 18, 1988, 102 Stat. 4174; P.L. 101–237, § 423(b)(1)(A), Dec. 18,

1989, 103 Stat. 2092; P.L. 102–16, § 5(a), Mar. 22, 1991, 105 Stat. 50; renumbered

§ 3698 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 3699. Revolving fund; insurance

(a) There is hereby established in the Treasury of the United

States a revolving fund to be known as the ‘‘Department of Veterans Affairs Education Loan Fund’’ (hereinafter in this section referred to as the ‘‘Fund’’).
§ 3699 CH. 36—ADMINISTRATION OF EDUCATIONAL BENEFITS 460

(b) The Fund shall be available to the Secretary, without fiscal

year limitation, for the making of loans under this subchapter.

(c) There shall be deposited in the Fund (1) by transfer from current and future appropriations for readjustment benefits such

amounts as may be necessary to establish and supplement the

Fund in order to meet the requirements of the Fund, and (2) all

collections of fees and principal and interest (including overpayments declared under section 3698(e) of this title) on loans made

under this subchapter.

(d) The Secretary shall determine annually whether there has

developed in the Fund a surplus which, in the Secretary’s judgment, is more than necessary to meet the needs of the Fund, and

such surplus, if any, shall be deemed to have been appropriated for

readjustment benefits.

(e) A fee shall be collected from each veteran or person obtaining

a loan made under this subchapter for the purpose of insuring

against defaults on loans made under this subchapter; and no loan

shall be made under this subchapter until the fee payable with respect to such loan has been collected and remitted to the Secretary.

The amount of the fee shall be established from time to time by

the Secretary, but shall in no event exceed 3 percent of the total

loan amount. The amount of the fee may be included in the loan

to the veteran or person and paid from the proceeds thereof.

(Added P.L. 93–508, § 301(a), Dec. 3, 1974, 88 Stat. 1591, § 1799; amended P.L. 94–

502, § 513(a)(24), Oct. 15, 1976, 90 Stat. 2404; P.L. 97–295, § 4(61), Oct. 12, 1982,

96 Stat. 1309; P.L. 101–237, § 423(b)(1), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3699 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
(461)

CHAPTER 37—HOUSING AND SMALL BUSINESS LOANS

SUBCHAPTER I—GENERAL

Sec.

3701. Definitions.

3702. Basic entitlement.

3703. Basic provisions relating to loan guaranty and insurance.

3704. Restrictions on loans.

3705. Warranties.

3706. Escrow of deposits and downpayments.

3707. Adjustable rate mortgages.

3708. Authority to buy down interest rates: pilot program.

SUBCHAPTER II—LOANS

3710. Purchase or construction of homes.

3711. Direct loans to veterans.

3712. Loans to purchase manufactured homes and lots.

3713. Release from liability under guaranty.

3714. Assumptions; release from liability.

3718. [Repealed.]

SUBCHAPTER III—ADMINISTRATIVE PROVISIONS

3720. Powers of Secretary.

3721. Incontestability.

3722. Veterans Housing Benefit Program Fund.

3723. [Repealed.]

3724. [Repealed.]

3725. [Repealed.]

3726. Withholding of payments, benefits, etc.

3727. Expenditures to correct or compensate for structural defects in mortgaged

homes.

3728. Exemption from State anti-usury provisions.

3729. Loan fee.

3730. Use of attorneys in court.

3731. Appraisals.

3732. Procedure on default.

3733. Property management.

3734. Annual submission of information on the Veterans Housing Benefit Program Fund and housing programs.

3735. [Repealed.]

3736. Reporting requirements.

SUBCHAPTER IV—SMALL BUSINESS LOANS

3741. Definitions.

3742. Small business loan program.

3743. Liability on loans.

3744. Approval of loans by the Secretary.

3745. Interest on loans.

3746. Maturity of loans.

3747. Eligible financial institutions.

3748. Preference for disabled veterans.

3749. Revolving fund.

3750. Incorporation of other provisions by the Secretary.

3751. Termination of program.

SUBCHAPTER V—NATIVE AMERICAN VETERAN HOUSING LOAN PILOT PROGRAM

3761. Pilot program.

3762. Direct housing loans to Native American veterans.
CH. 37—HOUSING AND SMALL BUSINESS LOANS 462

3763. Native American Veteran Housing Loan Program Account.

3764. Definitions.

SUBCHAPTER VI—[REPEALED.]

3771–3775. [Repealed.]

SUBCHAPTER I—GENERAL

§ 3701. Definitions

(a) For the purpose of this chapter, the term ‘‘housing loan’’ means a loan for any of the purposes specified by sections 3710(a)

and 3712(a)(1) of this title.

(b) For the purposes of housing loans under this chapter— (1) The term ‘‘World War II’’ (A) means the period beginning

on September 16, 1940, and ending on July 25, 1947, and (B)

includes, in the case of any veteran who enlisted or reenlisted

in a Regular component of the Armed Forces after October 6,

1945, and before October 7, 1946, the period of the first such

enlistment or reenlistment.

(2) The term ‘‘veteran’’ includes the surviving spouse of any

veteran (including a person who died in the active military,

naval, or air service) who died from a service-connected disability, but only if such surviving spouse is not eligible for benefits under this chapter on the basis of the spouse’s own active

duty or service in the Selected Reserve. The active duty or

service in the Selected Reserve of the deceased spouse shall be

deemed to have been active duty or service in the Selected Reserve by such surviving spouse for the purposes of this chapter.

(3) The term ‘‘veteran’’ also includes, for purposes of home

loans, the spouse of any member of the Armed Forces serving

on active duty who is listed, pursuant to section 556 of title 37,

United States Code, and regulations issued thereunder, by the

Secretary concerned in one or more of the following categories

and has been so listed for a total of more than ninety days: (A)

missing in action, (B) captured in line of duty by a hostile

force, or (C) forcibly detained or interned in line of duty by a

foreign government or power. The active duty of the member

shall be deemed to have been active duty by such spouse for

the purposes of this chapter. The loan eligibility of such spouse

under this paragraph shall be limited to one loan guaranteed

or made for the acquisition of a home, and entitlement to such

loan shall terminate automatically, if not used, upon receipt by

such spouse of official notice that the member is no longer listed in one of the categories specified in the first sentence of this

paragraph.

(4) The term ‘‘veteran’’ also includes an individual serving on

active duty.

(5)(A) The term ‘‘veteran’’ also includes an individual who is

not otherwise eligible for the benefits of this chapter and (i)

who has completed a total service of a least 6 years in the Selected Reserve and, following the completion of such service,

was discharged from service with an honorable discharge, was

placed on the retired list, was transferred to the Standby Reserve or an element of the Ready Reserve other than the Selected Reserve after service in the Selected Reserve character-
463 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3702

ized by the Secretary concerned as honorable service, or continues serving in the Selected Reserve, or (ii) who was discharged or released from the Selected Reserve before completing 6 years of service because of a service-connected disability.

(B) The term ‘‘Selected Reserve’’ means the Selected Reserve

of the Ready Reserve of any of the reserve components (including the Army National Guard of the United States and the Air

National Guard of the United States) of the Armed Forces, as

required to be maintained under section 10143(a) of title 10.

(c) Benefits shall not be afforded under this chapter to any individual on account of service as a commissioned officer of the National Oceanic and Atmospheric Administration (or predecessor entity), or of the Regular or Reserve Corps of the Public Health Service, unless such service would have qualified such individual for

benefits under title III of the Servicemen’s Readjustment Act of

1944.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1203, § 1801; P.L. 91–584, § 5(a), Dec. 24, 1970,

84 Stat. 1576; P.L. 94–324, § 7(1), (2), June 30, 1976, 90 Stat. 721; P.L. 97–72,

§ 303(a), Nov. 3, 1981, 95 Stat. 1059; P.L. 97–295, § 4(62), Oct. 12, 1982, 96 Stat.

1309; P.L. 100–322, § 415(c)(1), May 20, 1988, 102 Stat. 551; P.L. 101–237, § 313(a),

Dec. 18, 1989, 103 Stat. 2077; renumbered § 3701 and amended P.L. 102–83, § 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–547, § 2(a)(1), Oct. 28, 1992, 106 Stat.

3633; P.L. 103–446, § 901, Nov. 2, 1994, 108 Stat. 4675; P.L. 104–106,

§ 1501(e)(2)(B), Feb. 10, 1996, 110 Stat. 501.)

§ 3702. Basic entitlement

(a)(1) The veterans described in paragraph (2) of this subsection

are eligible for the housing loan benefits of this chapter. In the case

of any veteran who served on active duty during two or more of the

periods specified in paragraph (2) for which eligibility for the housing loan benefits under this chapter may be granted, entitlement

derived from service during the most recent such period (A) shall

cancel any unused entitlement derived from service during any earlier such period, and (B) shall be reduced by the amount by which

entitlement from service during any earlier such period has been

used to obtain a direct, guaranteed, or insured housing loan—

(i) on real property which the veteran owns at the time of

application; or

(ii) as to which the Secretary has incurred actual liability or

loss, unless in the event of loss or the incurrence and payment

of such liability by the Secretary the resulting indebtedness of

the veteran to the United States has been paid in full.

(2) The veterans referred to in the first sentence of paragraph (1)

of this subsection are the following:

(A) Each veteran who served on active duty at any time during World War II, the Korean conflict, or the Vietnam era and

whose total service was for 90 days or more.

(B) Each veteran who after September 15, 1940, was discharged or released from a period of active duty for a serviceconnected disability.

(C) Each veteran, other than a veteran described in clause

(A) or (B) of this paragraph, who—
§ 3702 CH. 37—HOUSING AND SMALL BUSINESS LOANS 464

(i) served after July 25, 1947, for a period of more than

180 days and was discharged or released therefrom under

conditions other than dishonorable; or

(ii) has served more than 180 days in active duty status

and continues on active duty without a break therein.

(D) Each veteran who served on active duty for 90 days or

more at any time during the Persian Gulf War, other than a

veteran ineligible for benefits under this title by reason of section 5303A(b) of this title.

(E) For the period beginning on October 28, 1992, and ending

on September 30, 2009, each veteran described in section

3701(b)(5) of this title.

(3) Any unused entitlement of World War II or Korean conflict

veterans which expired under provisions of law in effect before October 23, 1970, is hereby restored and shall not expire until used.

(4) A veteran’s entitlement under this chapter shall not be reduced by any entitlement used by the veteran’s spouse which was

based upon the provisions of paragraph (3) of section 3701(b) of

this title.

(b) In computing the aggregate amount of guaranty or insurance

housing loan entitlement available to a veteran under this chapter,

the Secretary may exclude the amount of guaranty or insurance

housing loan entitlement used for any guaranteed, insured, or direct loan under the following circumstances:

(1)(A) The property which secured the loan has been disposed of by the veteran or has been destroyed by fire or other

natural hazard; and

(B) the loan has been repaid in full, or the Secretary has

been released from liability as to the loan, or if the Secretary

has suffered a loss on such loan, the loss has been paid in full.

(2) A veteran-transferee has agreed to assume the outstanding balance on the loan and consented to the use of the

veteran-transferee’s entitlement, to the extent that the entitlement of the veteran-transferor had been used originally, in

place of the veteran-transferor’s for the guaranteed, insured, or

direct loan, and the veteran-transferee otherwise meets the requirements of this chapter.

(3)(A) The loan has been repaid in full; and

(B) the loan for which the veteran seeks to use entitlement

under this chapter is secured by the same property which secured the loan referred to in subparagraph (A) of this paragraph.

(4) In a case not covered by paragraph (1) or (2)—

(A) the loan has been repaid in full and, if the Secretary

has suffered a loss on the loan, the loss has been paid in

full; or

(B) the Secretary has been released from liability as to

the loan and, if the Secretary has suffered a loss on the

loan, the loss has been paid in full.

The Secretary may, in any case involving circumstances the Secretary deems appropriate, waive one or more of the conditions prescribed in paragraph (1). The authority of the Secretary under this

subsection to exclude an amount of guaranty or insurance housing
465 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3702

loan entitlement previously used by a veteran may be exercised

only once for that veteran under the authority of paragraph (4).

(c) An honorable discharge shall be deemed to be a certificate of

eligibility to apply for a guaranteed loan. Any veteran who does not

have a discharge certificate, or who received a discharge other than

honorable, may apply to the Secretary for a certificate of eligibility.

Upon making a loan guaranteed or insured under this chapter, the

lender shall forthwith transmit to the Secretary a report thereon

in such detail as the Secretary may, from time to time, prescribe.

Where the loan is guaranteed, the Secretary shall provide the lender with a loan guaranty certificate or other evidence of the guaranty. The Secretary shall also endorse on the veteran’s discharge,

or eligibility certificate, the amount and type of guaranty used, and

the amount, if any, remaining. Nothing in this chapter shall preclude the assignment of any guaranteed loan or the security therefor.

(d) Housing loans will be automatically guaranteed under this

chapter only if made (1) by any Federal land bank, national bank,

State bank, private bank, building and loan association, insurance

company, credit union, or mortgage and loan company, that is subject to examination and supervision by an agency of the United

States or of any State, or (2) by any State, or (3) by any lender approved by the Secretary pursuant to standards established by the

Secretary. Any housing loan proposed to be made to a veteran pursuant to this chapter by any lender not of a class specified in the

preceding sentence may be guaranteed by the Secretary if the Secretary finds that it is in accord otherwise with the provisions of

this chapter.

(e) The Secretary may at any time upon thirty days’ notice require housing loans to be made by any lender or class of lenders

to be submitted to the Secretary for prior approval. No guaranty

or insurance liability shall exist with respect to any such loan unless evidence of guaranty or insurance is issued by the Secretary.

(f) Any housing loan at least 20 percent of which is guaranteed

under this chapter may be made by any national bank or Federal

savings and loan association, or by any bank, trust company, building and loan association, or insurance company, organized or authorized to do business in the District of Columbia. Any such loan

may be so made without regard to the limitations and restrictions

of any other law relating to—

(1) ratio of amount of loan to the value of the property;

(2) maturity of loan;

(3) requirement for mortgage or other security;

(4) dignity of lien; or

(5) percentage of assets which may be invested in real estate

loans.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1203, § 1802; P.L. 86–73, § 1, June 30, 1959,

73 Stat. 156; P.L. 87–84, § 1(b), July 6, 1961, 75 Stat. 201; P.L. 90–19, § 25(1), May

25, 1967, 81 Stat. 28; P.L. 90–77, § 403(a), Aug. 31, 1967, 81 Stat. 190; P.L. 91–506,

§ 2(a), Oct. 23, 1970, 84 Stat. 1108; P.L. 91–584, § 5(b), Dec. 24, 1970, 84 Stat. 1576;

P.L. 93–569, § 2(a), (b), Dec. 31, 1974, 88 Stat. 1863; P.L. 94–324, § 7(3)–(5), June

30, 1976, 90 Stat. 721; P.L. 95–476, § 102, Oct. 18, 1978, 92 Stat. 1497; P.L. 97–

72, § 303(b), Nov. 3, 1981, 95 Stat. 1060; P.L. 97–295, § 4(61), Oct. 12, 1982, 96 Stat.

1309; P.L. 98–223, § 204, Mar. 2, 1984, 98 Stat. 42; P.L. 100–322, § 415(a)(1), (2),

May 20, 1988, 102 Stat. 549, 550; P.L. 101–237, §§ 310, 313(b)(1), Dec. 18, 1989, 103
§ 3702 CH. 37—HOUSING AND SMALL BUSINESS LOANS 466

Stat. 2075, 2077; P.L. 102–25, § 341, Apr. 6, 1991, 105 Stat. 92; P.L. 102–40,

§ 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 3702 and amended P.L. 102– 83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–547, § 2(a)(2), Oct. 28, 1992,

106 Stat. 3633; P.L. 103–446, § 902, § 1201(f)(4), Nov. 2, 1994, 108 Stat. 4676, 4687;

P.L. 105–368, § 603(a), Nov. 11, 1998, 112 Stat. 3348; P.L. 106–117, § 711, Nov. 30,

1999, 113 Stat. 1584; P.L. 107–103, § 405(a), Dec. 27, 2001, 115 Stat. 993.)

§ 3703. Basic provisions relating to loan guaranty and insurance

(a)(1)(A) Any loan to a veteran eligible for benefits under this

chapter, if made for any of the purposes specified in section 3710

of this title and in compliance with the provisions of this chapter,

is automatically guaranteed by the United States in an amount not

to exceed the lesser of— (i)(I) in the case of any loan of not more than $45,000, 50

percent of the loan; (II) in the case of any loan of more than $45,000, but not more than $56,250, $22,500;

(III) except as provided in subclause (iv) of this clause, in the case of any loan of more than $56,250, the lesser of $36,000 or

40 percent of the loan; or (IV) in the case of any loan of more than $144,000 for a purpose specified in clause (1), (2), (3), (6), or (8) of section 3710(a)

of this title, the lesser of $60,000 or 25 percent of the loan; or

(ii) the maximum amount of guaranty entitlement available

to the veteran as specified in subparagraph (B) of this paragraph.

(B) The maximum amount of guaranty entitlement available to

a veteran for purposes specified in section 3710 of this title shall

be $36,000, or in the case of a loan described in subparagraph

(A)(i)(IV) of this paragraph, $60,000, reduced by the amount of entitlement previously used by the veteran under this chapter and

not restored as a result of the exclusion in section 3702(b) of this

title.

(2)(A) Any housing loan which might be guaranteed under the

provisions of this chapter, when made or purchased by any financial institution subject to examination and supervision by any

agency of the United States or of any State may, in lieu of such

guaranty, be insured by the Secretary under an agreement whereby the Secretary will reimburse any such institution for losses incurred on such loan up to 15 per centum of the aggregate of loans

so made or purchased by it.

(B) Loans insured under this section shall be made on such other

terms, conditions, and restrictions as the Secretary may prescribe

within the limitations set forth in this chapter.

(b) The liability of the United States under any guaranty, within

the limitations of this chapter, shall decrease or increase pro rata

with any decrease or increase of the amount of the unpaid portion

of the obligation.

(c)(1) Loans guaranteed or insured under this chapter shall be

payable upon such terms and conditions as may be agreed upon by

the parties thereto, subject to the provisions of this chapter and

regulations of the Secretary issued pursuant to this chapter, and

shall bear interest not in excess of such rate as the Secretary may

from time to time find the loan market demands, except that in es-
467 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3703

tablishing the rate of interest that shall be applicable to such

loans, the Secretary shall consult with the Secretary of Housing

and Urban Development regarding the rate of interest applicable

to home loans insured under section 203(b) of the National Housing

Act (12 U.S.C. 1709(b)).

(2) The provisions of the Servicemen’s Readjustment Act of 1944

which were in effect before April 1, 1958, with respect to the interest chargeable on loans made or guaranteed under such Act shall,

notwithstanding the provisions of paragraph (1) of this subsection,

continue to be applicable— (A) to any loan made or guaranteed before April 1, 1958; and

(B) to any loan with respect to which a commitment to guarantee was entered into by the Secretary before April 1, 1958.

(3) This section shall not be construed to prohibit a veteran from

paying to a lender any reasonable discount required by such lender, when the proceeds from the loan are to be used— (A) to refinance indebtedness pursuant to clause (5), (8),

(9)(B)(i) of section 3710(a) of this title or section 3712(a)(1)(F)

of this title;

(B) to repair, alter, or improve a farm residence or other

dwelling pursuant to clauses (4) and (7) of section 3710(a) of

this title;

(C) to construct a dwelling or farm residence on land already

owned or to be acquired by the veteran except where the land

is directly or indirectly acquired from a builder or developer

who has contracted to construct such dwelling for the veteran;

(D) to purchase a dwelling from a class of sellers which the

Secretary determines are legally precluded under all circumstances from paying such a discount if the best interest of

the veteran would be so served; or

(E) to refinance indebtedness and purchase a manufacturedhome lot pursuant to section 3710(a)(9)(B)(ii) or 3712(a)(1)(G)

of this title, but only with respect to that portion of the loan

used to refinance such indebtedness.

(4)(A) In guaranteeing or insuring loans under this chapter, the

Secretary may elect whether to require that such loans bear interest at a rate that is— (i) agreed upon by the veteran and the mortgagee; or

(ii) established under paragraph (1).

The Secretary may, from time to time, change the election under

this subparagraph.

(B) Any veteran, under a loan described in subparagraph (A)(i),

may pay reasonable discount points in connection with the loan.

Except in the case of a loan for the purpose specified in section

3710(a)(8), 3710(b)(7), or 3712(a)(1)(F) of this title, discount points

may not be financed as part of the principal amount of a loan guaranteed or insured under this chapter.

(C) Not later than 10 days after an election under subparagraph

(A), the Secretary shall transmit to the Committees on Veterans’

Affairs of the Senate and House of Representatives a notification

of the election, together with an explanation of the reasons therefor.

(d)(1) The maturity of any housing loan shall not be more than

thirty years and thirty-two days.
§ 3703 CH. 37—HOUSING AND SMALL BUSINESS LOANS 468

(2)(A) Any loan for a term of more than five years shall be amortized in accordance with established procedure.

(B) The Secretary may guarantee loans with provisions for various rates of amortization corresponding to anticipated variations

in family income. With respect to any loan guaranteed under this

subparagraph— (i) the initial principal amount of the loan may not exceed

the reasonable value of the property as of the time the loan is

made; and

(ii) the principal amount of the loan thereafter (including the

amount of all interest to be deferred and added to principal)

may not at any time be scheduled to exceed the projected value

of the property.

(C) For the purposes of subparagraph (B) of this paragraph, the

projected value of the property shall be calculated by the Secretary

by increasing the reasonable value of the property as of the time

the loan is made at a rate not in excess of 2.5 percent per year,

but in no event may the projected value of the property for the purposes of such subparagraph exceed 115 percent of such reasonable

value. A loan made for a purpose other than the acquisition of a

single-family dwelling unit may not be guaranteed under such subparagraph.

(3) Any real estate housing loan (other than for repairs, alterations, or improvements) shall be secured by a first lien on the realty. In determining whether a loan for the purchase or construction of a home is so secured, the Secretary may disregard a superior lien created by a duly recorded covenant running with the realty in favor of a private entity to secure an obligation to such entity

for the homeowner’s share of the costs of the management, operation, or maintenance of property, services or programs within and

for the benefit of the development or community in which the veteran’s realty is located, if the Secretary determines that the interests of the veteran borrower and of the Government will not be

prejudiced by the operation of such covenant. In respect to any

such superior lien to be created after June 6, 1969, the Secretary’s

determination must have been made prior to the recordation of the

covenant.

(e)(1) Except as provided in paragraph (2) of this subsection, an

individual who pays a fee under section 3729 of this title, or who

is exempted under section 3729(c) of this title from paying such fee,

with respect to a housing loan guaranteed or insured under this

chapter that is closed after December 31, 1989, shall have no liability to the Secretary with respect to the loan for any loss resulting

from any default of such individual except in the case of fraud, misrepresentation, or bad faith by such individual in obtaining the

loan or in connection with the loan default.

(2) The exemption from liability provided by paragraph (1) of this

subsection shall not apply to— (A) an individual from whom a fee is collected (or who is exempted from such fee) under section 3729(b) of this title; or

(B) a loan made for any purpose specified in section 3712 of

this title.

(f) The application for or obtaining of a loan made, insured, or

guaranteed under this chapter shall not be subject to reporting re-
469 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3704

quirements applicable to requests for, or receipts of, Federal contracts, grants, loans, loan guarantees, loan insurance, or cooperative agreements except to the extent that such requirements are

provided for in, or by the Secretary pursuant to, this title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1205, 1212, § 1803; P.L. 86–73, § 2, June 30,

1959, 73 Stat. 156; P.L. 86–665, § 1, July 14, 1960, 74 Stat. 531; P.L. 87–84, § 1(a),

July 6, 1961, 75 Stat. 201; P.L. 89–358, § 5(d), Mar. 3, 1966, 80 Stat. 26; P.L. 90–

77, § 403(b), Aug. 31, 1967, 81 Stat. 190; P.L. 91–22, § 4, June 6, 1969, 83 Stat. 32;

P.L. 91–506, § 2(b), (c), Oct. 23, 1970, 84 Stat. 1108; P.L. 93–75, July 26, 1973, 87

Stat. 176; P.L. 93–569, §§ 2(c), 8(1)–(5), Dec. 31, 1974, 88 Stat. 1863, 1866; P.L. 94–

324, § 7(6), (16), June 30, 1976, 90 Stat. 721; P.L. 95–476, § 103, Oct. 18, 1978, 92

Stat. 1498; P.L. 96–385, § 401(c)(1), Oct. 7, 1980, 94 Stat. 1533; P.L. 97–66, § 501(a),

Oct. 17, 1981, 95 Stat. 1031; P.L. 97–72, § 303(c), (e), Nov. 3, 1981, 95 Stat. 1060;

P.L. 97–295, § 4(61), (63), Oct. 12, 1982, 96 Stat. 1309; P.L. 97–306, § 406(b), Oct.

14, 1982, 96 Stat. 1444; P.L. 98–223, § 205(c), Mar. 2, 1984, 98 Stat. 43; P.L. 100–

198, § 3(a)(1), Dec. 21, 1987, 101 Stat. 1315; P.L. 100–253, § 3(a), Feb. 29, 1988, 102

Stat. 20; P.L. 100–322, § 415(a)(3), (c)(2), (d)(1), May 20, 1988, 102 Stat. 550–552;

P.L. 101–237, §§ 304(a), 306(a), 313(b)(1), (6), Dec. 18, 1989, 103 Stat. 2073, 2074,

2077; P.L. 102–54, §§ 4(b), 6, June 13, 1991, 105 Stat. 268; renumbered § 3703 and

amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–547,

§ 10(a), Oct. 28, 1992, 106 Stat. 3643; P.L. 103–78, § 6, Aug. 13, 1993, 107 Stat. 769;

P.L. 103–353, § 7, Oct. 13, 1994, 108 Stat. 3175; P.L. 104–110, § 101(d), Feb. 13,

1996, 110 Stat. 768; P.L. 105–368, § 602(e)(1)(A), Nov. 11, 1998, 112 Stat. 3346; P.L.

107–103, § 401, Dec. 27, 2001, 115 Stat. 993.)

§ 3704. Restrictions on loans

(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 the 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 ap-
§ 3704 CH. 37—HOUSING AND SMALL BUSINESS LOANS 470

plicant, 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—

(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.

(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.
471 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3705

(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 such standards.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1206, § 1804; P.L. 86–73, § 3, June 30, 1959,

73 Stat. 156; P.L. 86–665, § 5, July 14, 1960, 74 Stat. 532; P.L. 89–117, § 217(b),

Aug. 10, 1965, 79 Stat. 473; P.L. 90–19, § 25(2), May 25, 1967, 81 Stat. 28; P.L. 91–

506, § 2(d), Oct. 23, 1970, 84 Stat. 1108; P.L. 93–569, § 2(d), (e), Dec. 31, 1974, 88

Stat. 1863, 1864; P.L. 94–324, § 7(7), (8), June 30, 1976, 90 Stat. 721; P.L. 97–295,

§ 4(64), Oct. 12, 1982, 96 Stat. 1309; P.L. 100–198, §§ 8(a)(1), 10(b), Dec. 21, 1987,

101 Stat. 1319, 1323; P.L. 100–322, § 415(c)(3), May 20, 1988, 102 Stat. 551; P.L.

101–237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3704 and amended

P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–486, § 101(c)(2), Oct.

24, 1992, 106 Stat. 2787; P.L. 103–446, § 903, Nov. 2, 1994, 108 Stat. 4676.)

§ 3705. Warranties

(a) The Secretary shall require that in connection with any property upon which there is located a dwelling designed principally for

not more than a four-family residence and which is appraised for

guaranty or insurance before the beginning of construction, the

seller or builder, and such other person as may be required by the

Secretary to become warrantor, shall deliver to the purchaser or

owner of such property a warranty that the dwelling is constructed

in substantial conformity with the plans and specifications (including any amendments thereof, or changes and variations therein,

which have been approved in writing by the Secretary) on which

the Secretary based the Secretary’s valuation of the dwelling. The

Secretary shall deliver to the builder, seller, or other warrantor the

Secretary’s written approval (which shall be conclusive evidence of

such appraisal) of any amendment of, or change or variation in,

such plans and specifications which the Secretary deems to be a

substantial amendment thereof, or change or variation therein, and

shall file a copy of such written approval with such plans and specifications. Such warranty shall apply only with respect to such instances of substantial nonconformity to such approved plans and

specifications (including any amendments thereof, or changes or

variations therein, which have been approved in writing, as provided in this section, by the Secretary) as to which the purchaser

or home owner has given written notice to the warrantor within

one year from the date of conveyance of title to, or initial occupancy

of, the dwelling, whichever first occurs. Such warranty shall be in

addition to, and not in derogation of, all other rights and privileges

which such purchaser or owner may have under any other law or

instrument. The provisions of this section shall apply to any such

property covered by a mortgage insured or guaranteed by the Sec-
§ 3705 CH. 37—HOUSING AND SMALL BUSINESS LOANS 472

retary on and after October 1, 1954, unless such mortgage is insured or guaranteed pursuant to a commitment therefor made before October 1, 1954.

(b) The Secretary shall permit copies of the plans and specifications (including written approvals of any amendments thereof, or

changes or variations therein, as provided in this section) for dwellings in connection with which warranties are required by subsection (a) of this section to be made available in their appropriate

local offices for inspection or for copying by any purchaser, home

owner, or warrantor during such hours or periods of time as the

Secretary may determine to be reasonable.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1206, § 1805; P.L. 94–324, § 7(9), June 30, 1976,

90 Stat. 721; P.L. 101–237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; P.L. 102–54,

§ 15(a)(1), June 13, 1991, 105 Stat. 288; renumbered § 3705, P.L. 102–83, § 5(a), Aug.

6, 1991, 105 Stat. 406; amended P.L. 103–446, § 1202(a)(2), Nov. 2, 1994, 108 Stat.

4689.)

§ 3706. Escrow of deposits and downpayments

(a) Any deposit or downpayment made by an eligible veteran in

connection with the purchase of proposed or newly constructed and

previously unoccupied residential property in a project on which

the Secretary has issued a Certificate of Reasonable Value, which

purchase is to be financed with a loan guaranteed, insured, or

made under the provisions of this chapter, shall be deposited forthwith by the seller, or the agent of the seller, receiving such deposit

or payment, in a trust account to safeguard such deposit or payment from the claims of creditors of the seller. The failure of the

seller or the seller’s agent to create such trust account and to maintain it until the deposit or payment has been disbursed for the benefit of the veteran purchaser at settlement or, if the transaction

does not materialize, is otherwise disposed of in accordance with

the terms of the contract, may constitute an unfair marketing practice within the meaning of section 3704(b) of this title.

(b) If an eligible veteran contracts for the construction of a property in a project on which the Secretary has issued a Certificate of

Reasonable Value and such construction is to be financed with the

assistance of a construction loan to be guaranteed, insured, or

made under the provisions of this title, it may be considered an unfair marketing practice under section 3704(b) of this chapter if any

deposit or downpayment of the veteran is not maintained in a special trust account by the recipient until it is either (1) applied on

behalf of the veteran to the cost of the land or to the cost of construction or (2), if the transaction does not materialize, is otherwise

disposed of in accordance with the terms of the contract.

(Added P.L. 86–665, § 6(a), July 14, 1960, 74 Stat. 532, § 1806; amended P.L. 94–

324, § 7(10), June 30, 1976, 90 Stat. 721; P.L. 101–237, § 313(b)(1), Dec. 18, 1989,

103 Stat. 2077; renumbered § 3706 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406; P.L. 103–446, § 1201(e)(13), Nov. 2, 1994, 108 Stat. 4685.)

§ 3707. Adjustable rate mortgages

(a) The Secretary shall carry out a demonstration project under

this section during fiscal years 1993, 1994, and 1995 for the purpose of guaranteeing loans in a manner similar to the manner in

which the Secretary of Housing and Urban Development insures
473 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3708

adjustable rate mortgages under section 251 of the National Housing Act.

(b) Interest rate adjustment provisions of a mortgage guaranteed

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

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

basis;

(3) be limited, with respect to any single annual interest rate

adjustment, to a maximum increase or decrease of 1 percentage point; and

(4) be limited, over the term of the mortgage, to a maximum

increase of 5 percentage points above the initial contract interest rate.

(c) The Secretary shall promulgate underwriting standards for

loans guaranteed under this section, taking into account— (1) the status of the interest rate index referred to in subsection (b)(1) and available at the time an underwriting decision is made, regardless of the actual initial rate offered by the

lender;

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

(3) the underwriting standards applicable to adjustable rate

mortgages insured under title II of the National Housing Act;

and

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

(d) The Secretary shall require that the mortgagee make available to the mortgagor, at the time of loan application, a written explanation of the features of the adjustable rate mortgage, including

a hypothetical payment schedule that displays the maximum potential increases in monthly payments to the mortgagor over the

first five years of the mortgage term.

(Added P.L. 102–547, § 3(a)(1), Oct. 28, 1992, 106 Stat. 3634; amended P.L. 103–78,

§ 7, Aug. 13, 1993, 107 Stat. 769.)

§ 3708. Authority to buy down interest rates: pilot program

(a) In order to enable the purchase of housing in areas where the

supply of suitable military housing is inadequate, the Secretary

may conduct a pilot program under which the Secretary may make

periodic or lump sum assistance payments on behalf of an eligible

veteran for the purpose of buying down the interest rate on a loan

to that veteran that is guaranteed under this chapter for a purpose

described in paragraph (1), (6), or (10) of section 3710(a) of this

title.

(b) An individual is an eligible veteran for the purposes of this

section if—

(1) the individual is a veteran, as defined in section

3701(b)(4) of this title;

(2) the individual submits an application for a loan guaranteed under this chapter within one year of an assignment of

the individual to duty at a military installation in the United

States designated by the Secretary of Defense as a housing

shortage area;
§ 3708 CH. 37—HOUSING AND SMALL BUSINESS LOANS 474

(3) at the time the loan referred to in subsection (a) is made,

the individual is an enlisted member, warrant officer, or an officer (other than a warrant officer) at a pay grade of O–3 or

below;

(4) the individual has not previously used any of the individual’s entitlement to housing loan benefits under this chapter;

and

(5) the individual receives comprehensive prepurchase counseling from the Secretary (or the designee of the Secretary) before making application for a loan guaranteed under this chapter.

(c) Loans with respect to which the Secretary may exercise the

buy down authority under subsection (a) shall— (1) provide for a buy down period of not more than three

years in duration;

(2) specify the maximum and likely amounts of increases in

mortgage payments that the loans would require; and

(3) be subject to such other terms and conditions as the Secretary may prescribe by regulation.

(d) The Secretary shall promulgate underwriting standards for

loans for which the interest rate assistance payments may be made

under subsection (a). Such standards shall be based on the interest

rate for the second year of the loan.

(e) The Secretary or lender shall provide comprehensive

prepurchase counseling to eligible veterans explaining the features

of interest rate buy downs under subsection (a), including a hypothetical payment schedule that displays the increases in monthly

payments to the mortgagor over the first five years of the mortgage

term. For the purposes of this subsection, the Secretary may assign

personnel to military installations referred to in subsection (b)(2). (f) There is authorized to be appropriated $3,000,000 annually to

carry out this section.

(g) The Secretary may not guarantee a loan under this chapter

after September 30, 1998, on which the Secretary is obligated to

make payments under this section.

(Added P.L. 104–106, § 2822(b)(1), Feb. 10, 1996, 110 Stat. 556.)

SUBCHAPTER II—LOANS

§ 3710. Purchase or construction of homes

(a) Except as provided in section 3704(c)(2) of this title, any loan

to a veteran, if made pursuant to the provisions of this chapter, is

automatically guaranteed if such loan is for one or more of the following purposes:

(1) To purchase or construct a dwelling to be owned and occupied by the veteran as a home.

(2) To purchase a farm on which there is a farm residence

to be owned and occupied by the veteran as the veteran’s

home.

(3) To construct on land owned by the veteran a farm residence to be occupied by the veteran as the veteran’s home.

(4) To repair, alter, or improve a farm residence or other

dwelling owned by the veteran and occupied by the veteran as

the veteran’s home.
475 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3710

(5) To refinance existing mortgage loans or other liens which

are secured of record on a dwelling or farm residence owned

and occupied by the veteran as the veteran’s home.

(6) To purchase a one-family residential unit in a condominium housing development or project, if such development or

project is approved by the Secretary under criteria which the

Secretary shall prescribe in regulations.

(7) To improve a dwelling or farm residence owned by the

veteran and occupied by the veteran as the veteran’s home

through energy efficiency improvements, as provided in subsection (d).

(8) To refinance in accordance with subsection (e) of this section an existing loan guaranteed, insured, or made under this

chapter.

(9)(A)(i) To purchase a manufactured home to be permanently affixed to a lot that is owned by the veteran.

(ii) To purchase a manufactured home and a lot to which the

home will be permanently affixed.

(B)(i) To refinance, in accordance with the terms and conditions applicable under the provisions of subsection (e) of this

section (other than paragraph (1)(E) of such subsection) to the

guaranty of a loan for the purpose specified in clause (8) of this

subsection, an existing loan guaranteed, insured, or made

under this chapter that is secured by a manufactured home

permanently affixed to a lot that is owned by the veteran.

(ii) To refinance, in accordance with section 3712(a)(5) of this

title, an existing loan that was made for the purchase of, and

that is secured by, a manufactured home that is permanently

affixed to a lot and to purchase the lot to which the manufactured home is affixed.

0) To purchase a dwelling to be owned and occupied by the

veteran as a home and make energy efficiency improvements,

as provided in subsection (d).

(11) To refinance in accordance with subsection (e) an existing loan guaranteed, insured, or made under this chapter, and

to improve the dwelling securing such loan through energy efficiency improvements, as provided in subsection (d).

If there is an indebtedness which is secured by a lien against land

owned by the veteran, the proceeds of a loan guaranteed under this

section or made under section 3711 of this title for construction of

a dwelling or farm residence on such land may be used also to liquidate such lien, but only if the reasonable value of the land is

equal to or greater than the amount of the lien.

(b) No loan may be guaranteed under this section or made under

section 3711 of this title unless—

(1) the proceeds of such loan will be used to pay for the property purchased, constructed, or improved;

(2) the contemplated terms of payment required in any mortgage to be given in part payment of the purchase price or the

construction cost bear a proper relation to the veteran’s

present and anticipated income and expenses;

(3) the veteran is a satisfactory credit risk, as determined in

accordance with the credit underwriting standards established

pursuant to subsection (g) of this section;
§ 3710 CH. 37—HOUSING AND SMALL BUSINESS LOANS 476

(4) the nature and condition of the property is such as to be

suitable for dwelling purposes;

(5) except in the case of a loan described in clause (7) or (8)

of this subsection, the loan to be paid by the veteran for such

property or for the cost of construction, repairs, or alterations,

does not exceed the reasonable value thereof as determined

pursuant to section 3731 of this title;

(6) if the loan is for repair, alteration, or improvement of

property, such repair, alteration, or improvement substantially

protects or improves the basic livability or utility of such property; and

(7) in the case of a loan (other than a loan made for a purpose specified in subsection (a)(8) of this section) that is made

to refinance—

(A) a construction loan,

(B) an installment land sales contract, or

(C) a loan assumed by the veteran that provides for a

lower interest rate than the loan being refinanced,

the amount of the loan to be guaranteed or made does not exceed the lesser of—

(i) the reasonable value of the dwelling or farm residence

securing the loan, as determined pursuant to section 3731

of this title; or

(ii) the sum of the outstanding balance on the loan to be

refinanced and the closing costs (including discounts) actually paid by the veteran, as specified by the Secretary in

regulations; and

(8) in the case of a loan to refinance a loan (other than a

loan or installment sales contract described in clause (7) of this

subsection or a loan made for a purpose specified in subsection

(a)(8) of this section), the amount of the loan to be guaranteed

or made does not exceed 90 percent of the reasonable value of

the dwelling or farm residence securing the loan, as determined pursuant to section 3731 of this title.

[(c) Repealed. P.L. 100–198, § 3(a)(2).]

(d)(1) The Secretary shall carry out a program to demonstrate

the feasibility of guaranteeing loans for the acquisition of an existing dwelling and the cost of making energy efficiency improvements to the dwelling or for energy efficiency improvements to a

dwelling owned and occupied by a veteran. A loan may be guaranteed under this subsection only if it meets the requirements of this

chapter, except as those requirements are modified by this subsection.

(2) The cost of energy efficiency measures that may be financed

by a loan guaranteed under this section may not exceed the greater

of—

(A) the cost of the energy efficiency improvements, up to

$3,000; or

(B) $6,000, if the increase in the monthly payment for principal and interest does not exceed the likely reduction in

monthly utility costs resulting from the energy efficiency improvements.
477 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3710

(3) Notwithstanding the provisions of section 3703(a)(1)(A) of this

title, any loan guaranteed under this subsection shall be guaranteed in an amount equal to the sum of— (A) the guaranty that would be provided under those provisions for the dwelling without the energy efficiency improvements; and

(B) an amount that bears the same relation to the cost of the

energy efficiency improvements as the guaranty referred to in

subparagraph (A) bears to the amount of the loan minus the

cost of such improvements.

(4) The amount of the veteran’s entitlement, calculated in accordance with section 3703(a)(1)(B) of this title, shall not be affected by

the amount of the guaranty referred to in paragraph (3)(B).

(5) The Secretary shall take appropriate actions to notify eligible

veterans, participating lenders, and interested realtors of the availability of loan guarantees under this subsection and the procedures

and requirements that apply to the obtaining of such guarantees.

(6) For the purposes of this subsection:

(A) The term ‘‘energy efficiency improvement’’ includes a

solar heating system, a solar heating and cooling system, or a

combined solar heating and cooling system, and the application

of a residential energy conservation measure.

(B) The term ‘‘solar heating’’ has the meaning given such

term in section 3(1) of the Solar Heating and Cooling Demonstration Act of 1974 (42 U.S.C. 5502(1)) and, in addition, includes a passive system based on conductive, convective, or radiant energy transfer.

(C) The terms ‘‘solar heating and cooling’’ and ‘‘combined

solar heating and cooling’’ have the meaning given such terms

in section 3(2) of the Solar Heating and Cooling Demonstration

Act of 1974 (42 U.S.C. 5502(2)) and, in addition, include a passive system based on conductive, convective, or radiant energy

transfer.

(D) The term ‘‘passive system’’ includes window and skylight

glazing, thermal floors, walls, and roofs, movable insulation

panels (when in conjunction with glazing), portions of a residential structure that serve as solar furnaces so as to add heat

to the structure, double-pane window insulation, and such

other energy-related components as are determined by the Secretary to enhance the natural transfer of energy for the purpose of heating or heating and cooling a residence.

(E) The term ‘‘residential energy conservation measure’’ means—

(i) caulking and weatherstripping of all exterior doors

and windows;

(ii) furnace efficiency modifications limited to— (I) replacement burners, boilers, or furnaces designed to reduce the firing rate or to achieve a reduction in the amount of fuel consumed as a result of increased combustion efficiency,

(II) devices for modifying flue openings which will

increase the efficiency of the heating system, and

(III) electrical or mechanical furnace ignition systems which replace standing gas pilot lights;
§ 3710 CH. 37—HOUSING AND SMALL BUSINESS LOANS 478

(iii) clock thermostats;

(iv) ceiling, attic, wall, and floor insulation;

(v) water heater insulation;

(vi) storm windows and doors;

(vii) heat pumps; and

(viii) such other energy conservation measures as the

Secretary may identify for the purposes of this subparagraph.

(e)(1) For a loan to be guaranteed for the purpose specified in

subsection (a)(8) or for the purpose specified in subsection (a)(11)

of this section— (A) the interest rate of the loan must be less than the interest rate of the loan being refinanced or, in a case in which the

loan is a fixed rate loan and the loan being refinanced is an

adjustable rate loan, the loan bears interest at a rate that is

agreed upon by the veteran and the mortgagee;

(B) the loan must be secured by the same dwelling or farm

residence as was the loan being refinanced;

(C) the amount of the loan may not exceed— (i) an amount equal to the sum of the balance of the loan

being refinanced and such closing costs (including any discount permitted pursuant to section 3703(c)(3)(A) of this

title) as may be authorized by the Secretary (under regulations which the Secretary shall prescribe) to be included in

the loan; or

(ii) in the case of a loan for the purpose specified in subsection (a)(11), an amount equal to the sum of the amount

referred to with respect to the loan under clause (i) and

the amount specified under subsection (d)(2);

(D) notwithstanding section 3703(a)(1) of this title, the

amount of the guaranty of the loan may not exceed the greater

of (i) the original guaranty amount of the loan being refinanced, or (ii) 25 percent of the loan;

(E) the term of the loan may not exceed the original term of

the loan being refinanced by more than 10 years; and

(F) the veteran must own the dwelling or farm residence securing the loan and— (i) must occupy such dwelling or residence as such veteran’s home;

(ii) must have previously occupied such dwelling or residence as such veteran’s home and must certify, in such

form as the Secretary shall require, that the veteran has

previously so occupied such dwelling or residence; or

(iii) in any case in which a veteran is in active duty status as a member of the Armed Forces and is unable to occupy such residence or dwelling as a home because of such

status, the spouse of the veteran must occupy, or must

have previously occupied, such dwelling or residence as

such spouse’s home and must certify such occupancy in

such form as the Secretary shall require.

(2) A loan to a veteran may be guaranteed by the Secretary

under this chapter for the purpose specified in clause (8) of subsection (a) of this section without regard to the amount of outstanding guaranty entitlement available for use by such veteran,
479 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3710

and the amount of such veteran’s guaranty entitlement shall not

be charged as a result of any guaranty provided for such purpose.

For purposes of section 3702(b) of this title, such loan shall be

deemed to have been obtained with the guaranty entitlement used

to obtain the loan being refinanced.

(3) If a veteran is deceased and if such veteran’s surviving spouse

was a co-obligor under an existing loan guaranteed, insured, or

made under this chapter, such surviving spouse shall, only for the

purpose specified in subsection (a)(8) of this section, be deemed to

be a veteran eligible for benefits under this chapter.

(f)(1) For a loan to be guaranteed for the purpose specified in

subclause (A)(ii) or (B)(ii) of subsection (a)(9) of this section, the

purchase of (or the refinancing of a loan secured by) the manufactured home and the lot for that home shall be considered as one

loan and must comply with such criteria as may be prescribed by

the Secretary in regulations.

(2) A loan may not be guaranteed for the purposes of subsection

(a)(9) of this section unless the manufactured home purchased,

upon being permanently affixed to the lot, is considered to be real

property under the laws of the State where the lot is located.

(g)(1) For the purposes of this subsection, the term ‘‘veteran’’,

when used with respect to a loan guaranteed or to be guaranteed

under this chapter, includes the veteran’s spouse if the spouse is

jointly liable with the veteran under the loan.

(2) For the purpose of determining whether a veteran meets the

standards referred to in subsection (b)(3) of this section and section

3712(e)(2) of this title, the Secretary shall prescribe regulations

which establish—

(A) credit underwriting standards to be used in evaluating

loans to be guaranteed under this chapter; and

(B) standards to be used by lenders in obtaining credit information and processing loans to be guaranteed under this chapter.

(3) In the regulations prescribed under paragraph (2) of this subsection, the Secretary shall establish standards that include—

(A) debt-to-income ratios to apply in the case of the veteran

applying for the loan;

(B) criteria for evaluating the reliability and stability of the

income of the veteran applying for the loan; and

(C) procedures for ascertaining the monthly income required

by the veteran to meet the anticipated loan payment terms.

If the procedures described in clause (C) of this paragraph include

standards for evaluating residual income, the Secretary shall, in

establishing such standards, give appropriate consideration to

State statistics (in States as to which the Secretary determines

that such statistics are reliable) pertinent to residual income and

the cost of living in the State in question rather than in a larger

region.

(4)(A) Any lender making a loan under this chapter shall certify,

in such form as the Secretary shall prescribe, that the leader has

complied with the credit information and loan processing standards

established under paragraph (2)(B) of this subsection, and that, to

the best of the lender’s knowledge and belief, the loan meets the
§ 3710 CH. 37—HOUSING AND SMALL BUSINESS LOANS 480

underwriting standards established under paragraph (2)(A) of this

subsection.

(B) Any lender who knowingly and willfully makes a false certification under subparagraph (A) of this paragraph shall be liable to

the United States Government for a civil penalty equal to two

times the amount of the Secretary’s loss on the loan involved or to

another appropriate amount, not to exceed $10,000, whichever is

greater. All determinations necessary to carry out this subparagraph shall be made by the Secretary.

(5) Pursuant to regulations prescribed to carry out this paragraph, the Secretary may, in extraordinary situations, waive the

application of the credit underwriting standards established under

paragraph (2) of this subsection when the Secretary determines,

considering the totality of circumstances, that the veteran is a satisfactory credit risk.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1207, § 1810; P.L. 90–301, §§ 1(a), 2(a), May

7, 1968, 82 Stat. 113; P.L. 91–506, § 3, Oct. 23, 1970, 84 Stat. 1108; P.L. 93–569,

§ 3, Dec. 31, 1974, 88 Stat. 1864; P.L. 94–324, § 7(11), June 30, 1976, 90 Stat. 721;

P.L. 95–476, §§ 104, 105(a), Oct. 18, 1978, 92 Stat. 1498, 1499; P.L. 96–385,

§§ 401(a), 402(a), Oct. 7, 1980, 94 Stat. 1532, 1533; P.L. 98–223, § 205(a), Mar. 2,

1984, 98 Stat. 42; P.L. 99–576, § 402(a), (b), Oct. 28, 1986, 100 Stat. 3280; P.L. 100–

198, §§ 3(a)(2), 7(a), (c), 8(a)(2), 11(b), 13, Dec. 21, 1987, 101 Stat. 1315, 1318–1320,

1325; P.L. 100–322, § 415(c)(4), May 20, 1988, 102 Stat. 551; P.L. 101–237, §§ 309,

313(b)(1), Dec. 18, 1989, 103 Stat. 2075, 2077; renumbered § 3710 and amended P.L.

102–83, §§ 4(a)(2)(A)(iv), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403, 406; P.L. 102–547,

§§ 6(1), 9(a), (b), Oct. 28, 1992, 106 Stat. 3636, 3641, 3642; P.L. 103–446, §§ 904(a),

(b), 905, Nov. 2, 1994, 108 Stat. 4676, 4677; P.L. 104–110, § 101(e), Feb. 13, 1996,

110 Stat. 768.)

§ 3711. Direct loans to veterans

(a) The Congress finds that housing credit for purposes specified

in section 3710 or 3712 of this title is not and has not been generally available to veterans living in rural areas, or in small cities

and towns not near large metropolitan areas. It is therefore the

purpose of this section to provide housing credit for veterans living

in such rural areas and such small cities and towns.

(b) Whenever the Secretary finds that private capital is not generally available in any rural area or small city or town for the financing of loans guaranteed for purposes specified in section 3710

or 3712 of this title, the Secretary shall designate such rural area

or small city or town as a ‘‘housing credit shortage area’’. The Secretary shall, with respect to any such area, make, or enter into

commitments to make, to any veteran eligible under this title, a

loan for any or all of the purposes described in section 3710(a) or

3712 of this title (other than the refinancing of a loan under section

3710(a)(8) or 3712(a)(1)(F)).

(c) No loan may be made under this section to a veteran unless

the veteran shows to the satisfaction of the Secretary that—

(1) the veteran is unable to obtain from a private lender in

such housing credit shortage area, at an interest rate not in

excess of the rate authorized for guaranteed home loans or

manufactured home loans, as appropriate, a loan for such purpose for which the veteran is qualified under section 3710 or

3712 of this title, as appropriate; and

(2) the veteran is unable to obtain a loan for such purpose

from the Secretary of Agriculture under title III of the Consoli-
481 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3711

dated Farm and Rural Development Act (7 U.S.C. 1921 et seq.)

or title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.).

(d)(1) Loans made under this section shall bear interest at a rate

determined by the Secretary, not to exceed the rate authorized for

guaranteed home loans, or manufactured home loans, as appropriate, and shall be subject to such requirements or limitations prescribed for loans guaranteed under this title as may be applicable.

(2)(A) Except for any loan made under this chapter for the purposes described in section 3712 of this title, the original principal

amount of any loan made under this section shall not exceed an

amount which bears the same ratio to $33,000 as the amount of

guaranty to which the veteran is entitled under section 3710 of this

title at the time the loan is made bears to $36,000; and the guaranty entitlement of any veteran who heretofore or hereafter has

been granted a loan under this section shall be charged with an

amount which bears the same ratio to $36,000 as the amount of

the loan bears to $33,000.

(B) The original principal amount of any loan made under this

section for the purposes described in section 3712 of this title shall

not exceed the amount that bears the same ratio to $33,000 as the

amount of guaranty to which the veteran is entitled under such

section at the time the loan is made bears to $20,000. The amount

of the guaranty entitlement for purposes specified in section 3710

of this title of any veteran who is granted a loan under this section,

or who before October 18, 1978, was granted a loan under this section, shall be charged with the amount that bears the same ratio

to $20,000 as the amount of the loan bears to $33,000.

(3) No veteran may obtain loans under this section aggregating

more than $33,000.

(e) Loans made under this section shall be repaid in monthly installments, except that in the case of any such loan made for any

of the purposes described in paragraphs (2), (3), or (4) of section

3710(a) of this title, the Secretary may provide that such loan shall

be repaid in quarterly, semiannual, or annual installments.

(f) In connection with any loan under this section, the Secretary

may make advances in cash to pay taxes and assessments on the

real estate, to provide for repairs, alterations, and improvements,

and to meet the incidental expenses of the transaction. The Secretary shall determine the expenses incident to origination of loans

made under this section, which expenses, or a reasonable flat allowance in lieu thereof, shall be paid by the veteran in addition to

the loan closing costs.

(g) The Secretary may sell, and shall offer for sale, to any person

or entity approved for such purpose by the Secretary, any loan

made under this section at a price which the Secretary determines

to be reasonable under the conditions prevailing in the mortgage

market when the agreement to sell the loan is made; and shall

guarantee any loan thus sold subject to the same conditions, terms,

and limitations which would be applicable were the loan guaranteed for purposes specified in section 3710 or 3712 of this title, as

appropriate.

(h) The Secretary may exempt dwellings constructed through assistance provided by this section from the minimum land planning

and subdivision requirements prescribed pursuant to subsection (a)
§ 3711 CH. 37—HOUSING AND SMALL BUSINESS LOANS 482

of section 3704 of this title, and with respect to such dwellings may

prescribe special minimum land planning and subdivision requirements which shall be in keeping with the general housing facilities

in the locality but shall require that such dwellings meet minimum

requirements of structural soundness and general acceptability.

(i) The Secretary is authorized, without regard to the provisions

of subsections (a), (b), and (c) of this section, to make or enter into

a commitment to make a loan to any veteran to assist the veteran

in acquiring a specially adapted housing unit authorized under

chapter 21 of this title, if the veteran is determined to be eligible

for the benefits of such chapter 21, and is eligible for loan guaranty

benefits under this chapter.

(j)(1) If any builder or sponsor proposes to construct one or more

dwellings in a housing credit shortage area, or in any area for a

veteran who is determined to be eligible for assistance in acquiring

a specially adapted housing unit under chapter 21 of this title, the

Secretary may enter into commitment with such builder or sponsor,

under which funds available for loans under this section will be reserved for a period not in excess of three months, or such longer

period as the Secretary may authorize to meet the needs in any

particular case, for the purpose of making loans to veterans to purchase such dwellings. Such commitment may not be assigned or

transferred except with the written approval of the Secretary. The

Secretary shall not enter into any such commitment unless such

builder or sponsor pays a nonrefundable commitment fee to the

Secretary in an amount determined by the Secretary, not to exceed

2 percent of the funds reserved for such builder or sponsor.

(2) Whenever the Secretary finds that a dwelling with respect to

which funds are being reserved under this subsection has been

sold, or contracted to be sold, to a veteran eligible for a direct loan

under this section, the Secretary shall enter into a commitment to

make the veteran a loan for the purchase of such dwelling. With

respect to any loan made to an eligible veteran under this subsection, the Secretary may make advances during the construction

of the dwelling, up to a maximum in advances of (A) the cost of

the land plus (B) 80 percent of the value of the construction in

place.

(k) Without regard to any other provision of this chapter, the

Secretary may take or cause to be taken such action as in the Secretary’s judgment may be necessary or appropriate for or in connection with the custody, management, protection, and realization or

sale of investments under this section, may determine the Secretary’s necessary expenses and expenditures, and the manner in

which the same shall be incurred, allowed and paid, may make

such rules, regulations, and orders as the Secretary may deem necessary or appropriate for carrying out the Secretary’s functions

under this section and, except as otherwise expressly provided in

this chapter, may employ, utilize, compensate, and, to the extent

not inconsistent with the Secretary’s basic responsibilities under

this chapter, delegate any of the Secretary’s functions under this

section to such persons and such corporate or other agencies, including agencies of the United States, as the Secretary may designate.
483 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3712

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1208, § 1811; P.L. 86–665, § 2, July 14, 1960,

74 Stat. 531; P.L. 87–84, § 2, July 6, 1961, 75 Stat. 201; P.L. 88–402, Aug. 4, 1964,

78 Stat. 380; P.L. 89–358, § 5(e), Mar. 3, 1966, 80 Stat. 26; P.L. 90–77, § 404, Aug.

31, 1967, 81 Stat. 190; P.L. 90–301, § 1(b), May 7, 1968, 82 Stat. 113; P.L. 91–22,

§ 3, June 6, 1969, 83 Stat. 32; P.L. 91–506, § 4, Oct. 23, 1970, 84 Stat. 1109; P.L.

92–66, Aug. 5, 1971, 85 Stat. 173; P.L. 93–569, § 4, Dec. 31, 1974, 88 Stat. 1864;

P.L. 94–324, §§ 3, 7(12)–(15), June 30, 1976, 90 Stat. 720, 721; P.L. 95–476, § 105(b),

Oct. 18, 1978, 92 Stat. 1499; P.L. 96–385, §§ 401(c)(2), 402(b), Oct. 7, 1980, 94 Stat.

1533; P.L. 97–295, § 4(65), Oct. 12, 1982, 96 Stat. 1309; P.L. 97–306, § 406(c)(1), Oct.

14, 1982, 96 Stat. 1445; P.L. 100–198, § 3(c), Dec. 21, 1987, 101 Stat. 1316; P.L.

100–322, § 415(c)(5), (d)(2) May 20, 1988, 102 Stat. 551, 552; P.L. 101–237,

§ 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3711 and amended P.L.

102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 105–368, § 602(e)(1)(B), Nov.

11, 1998, 112 Stat. 3346.)

§ 3712. Loans to purchase manufactured homes and lots

(a)(1) Notwithstanding any other provision of this chapter, any

loan to a veteran eligible for the housing loan benefits of this chapter, if made pursuant to the provisions of this section, may be guaranteed if such loan is for one of the following purposes:

(A) To purchase a lot on which to place a manufactured

home already owned by the veteran.

(B) To purchase a single-wide manufactured home.

(C) To purchase a single-wide manufactured home and a lot

on which to place such home.

(D) To purchase a double-wide manufactured home.

(E) To purchase a double-wide manufactured home and a lot

on which to place such home.

(F) To refinance in accordance with paragraph (4) of this

subsection an existing loan guaranteed, insured, or made

under this section.

(G) To refinance in accordance with paragraph (5) of this

subsection an existing loan that was made for the purchase of,

and that is secured by, a manufactured home and to purchase

a lot on which such manufactured home is or will be placed.

(2) A loan for any of the purposes described in paragraph (1) of

this subsection (other than the refinancing under clause (F) of such

paragraph of an existing loan) may include an amount determined

by the Secretary to be appropriate to cover the cost of necessary

preparation of a lot already owned or to be acquired by the veteran,

including the costs of installing utility connections and sanitary facilities, of paving, and of constructing a suitable pad for the manufactured home.

(3) Any loan made for the purposes described in clause (C), (E),

or (G) of paragraph (1) of this subsection shall be considered as

part of one loan. The transaction may be evidenced by a single loan

instrument or by separate loan instruments for (A) that portion of

the loan which finances the purchase of the manufactured home,

and (B) that portion of the loan which finances the purchase of the

lot and the necessary preparation of such lot.

(4)(A) For a loan to be guaranteed for the purpose specified in

clause (F) of paragraph (1) of this subsection—

(i) the interest rate of the loan must be less than the interest

rate of the loan being refinanced;

(ii) the loan must be secured by the same manufactured

home or manufactured-home lot, or manufactured home and

manufactured-home lot, as was the loan being refinanced;
§ 3712 CH. 37—HOUSING AND SMALL BUSINESS LOANS 484

(iii) the amount of the loan may not exceed an amount equal

to the sum of the balance of the loan being refinanced and such

closing costs (including any discount permitted pursuant to

section 3703(c)(3)(A) of this title) as may be authorized by the

Secretary, under regulations which the Secretary shall prescribe, to be included in such loan;

(iv) notwithstanding section 3703(a)(1) of this title, the

amount of the guaranty of the loan may not exceed the greater

of (I) the original guaranty amount of the loan being refinanced, or (II) 25 percent of the loan;

(v) the term of the loan may not exceed the original term of

the loan being refinanced; and

(vi) the veteran must own the manufactured home, or the

manufactured-home lot, or the manufactured home and the

manufactured-home lot, securing the loan and—

(I) must occupy the home, a manufactured home on the

lot, or the home and the lot, securing the loan;

(II) must have previously occupied the home, a manufactured home on the lot, or the home and the lot, securing

the loan as the veteran’s home and must certify, in such

form as the Secretary shall require, that the veteran has

previously so occupied the home (or such a home on the

lot); or

(III) in any case in which a veteran is in active duty status as a member of the Armed Forces and is unable to occupy the home, a manufactured home on the lot, or the

home and the lot, as a home because of such status, the

spouse of the veteran must occupy, or must have previously occupied, the manufactured home on the lot, or the

home and the lot, as such spouse’s home and must certify

such occupancy in such form as the Secretary shall require.

(B) A loan to a veteran may be guaranteed by the Secretary

under this chapter for the purpose specified in clause (F) of paragraph (1) of this subsection without regard to the amount of outstanding guaranty entitlement available for use by such veteran,

and the amount of such veteran’s guaranty entitlement shall not

be charged as a result of any guaranty provided for such purpose.

For purposes of section 3702(b) of this title, such loan shall be

deemed to have been obtained with the guaranty entitlement used

to obtain the loan being refinanced.

(C) If a veteran is deceased and if such veteran’s surviving

spouse was a co-obligor under an existing loan previously guaranteed, insured, or made for purposes specified in this section, such

surviving spouse shall, only for the purpose specified in clause (F)

of paragraph (1) of this subsection, be deemed to be a veteran eligible for benefits under this chapter.

(5)(A) For a loan to be guaranteed for the purpose specified in

paragraph (1)(G) of this subsection or section 3710(a)(9)(B)(ii) of

this title—

(i) the loan must be secured by the same manufactured home

as was the loan being refinanced and such manufactured home

must be owned and occupied by the veteran (except as pro-
485 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3712

vided in section 3704(c)(2) of this title) as such veteran’s home;

and

(ii) the amount of the loan may not exceed an amount equal

to the sum of—

(I) the purchase price of the lot,

(II) the amount (if any) determined by the Secretary to

be appropriate under paragraph (2) of this subsection to

cover the cost of necessary preparation of such lot,

(III) the balance of the loan being refinanced, and

(IV) such closing costs (including any discount permitted

pursuant to section 3703(c)(3)(E) of this title) as may be

authorized by the Secretary, under regulations which the

Secretary shall prescribe, to be included in such loan.

(B) When a loan is made to a veteran for the purpose specified

in paragraph (1)(G) of this subsection or section 3710(a)(9)(B)(ii) of

this title, and the loan being refinanced was guaranteed, insured,

or made under this section, the portion of the loan made for the

purpose of refinancing such loan may be guaranteed by the Secretary under this chapter without regard to the amount of outstanding guaranty entitlement available for use by such veteran,

and the amount of such veteran’s guaranty entitlement shall not

be charged as a result of any guaranty provided for such portion

of such loan. For the purposes of section 3702(b) of this title, such

portion of such loan shall be deemed to have been obtained with

the guaranty entitlement used to obtain the loan being refinanced.

(b)(1) Use of entitlement for purposes specified in this section for

the purchase of a manufactured home unit shall preclude the use

of remaining entitlement for the purchase of an additional manufactured home unit until the unit which secured the loan has been

disposed of by the veteran or has been destroyed by fire or other

natural hazard.

(2) The Secretary shall restore entitlement to all housing loan

benefits under this chapter for the veteran when the conditions

prescribed in section 3702(b) of this title have been met.

(c)(1) Loans for any of the purposes authorized by subsection (a)

of this section shall be submitted to the Secretary for approval

prior to the closing of the loan, except that the Secretary may exempt any lender of a class listed in section 3702(d) of this title from

compliance with such prior approval requirement if the Secretary

determines that the experience of such lender or class of lenders

in manufactured home financing warrants such exemption.

(2) Upon determining that a loan submitted for prior approval is

eligible for guaranty for purposes specified in this section, the Secretary shall issue a commitment to guarantee such loan and shall

thereafter guarantee the loan when made if such loan qualifies

therefor in all respects.

(3)(A) The Secretary’s guaranty may not exceed the lesser of (i)

the lesser of $20,000 or 40 percent of the loan, or (ii) the maximum

amount of guaranty entitlement available to the veteran as specified in paragraph (4) of this subsection.

(B) A claim under the Secretary’s guaranty shall, at the election

of the holder of a loan, be made by the filing of an accounting with

the Secretary—
§ 3712 CH. 37—HOUSING AND SMALL BUSINESS LOANS 486

(i) within a reasonable time after the receipt by such holder

of an appraisal by the Secretary of the value of the security for

the loan; or

(ii) after liquidation of the security for the loan.

(C) If the holder of a loan applies for payment of a claim under

clause (i) of subparagraph (B) of this paragraph, the amount of

such claim payable by the Secretary shall be the lesser of—

(i) the amount equal to the excess, if any, of the total indebtedness over the amount of the appraisal referred to in such

clause; or

(ii) the amount equal to the guaranty under this section.

(D) If the holder of a loan files for payment of a claim under

clause (ii) of subparagraph (B) of this paragraph, the amount of

such claim payable by the Secretary shall be the lesser of—

(i) the amount equal to the excess, if any, of the total indebtedness over the greater of the value of the property securing

the loan, as determined by the Secretary, or the amount of the

liquidation or resale proceeds; or

(ii) the amount equal to the guaranty under the section.

(E) In any accounting filed pursuant to subparagraph (B)(ii) of

this paragraph, the Secretary shall permit to be included therein

accrued unpaid interest from the date of the first uncured default

to such cutoff date as the Secretary may establish, and the Secretary shall allow the holder of the loan to charge against the liquidation or resale proceeds accrued interest from the cutoff date established to such further date as the Secretary may determine and

such costs and expenses as the Secretary determines to be reasonable and proper.

(F) The liability of the United States under the guaranty provided for by this paragraph shall decrease or increase pro rata with

any decrease or increase of the amount of the unpaid portion of the

obligation.

(4) The maximum amount of guaranty entitlement available to a

veteran for purposes specified in this section shall be $20,000 reduced by the amount of any such entitlement previously used by

the veteran. Use of entitlement for purposes specified in section

3710 or 3711 of this title shall reduce entitlement available for use

for purposes specified in this section to the same extent that entitlement available for purposes specified in such section 3710 is reduced below $20,000.

(5) The amount of any loan guaranteed for purposes specified in

this section shall not exceed an amount equal to 95 percent of the

purchase price of the property securing the loan.

(d)(1) The maturity of any loan guaranteed for purposes specified

in this section shall not be more than—

(A) fifteen years and thirty-two days, in the case of a loan

for the purchase of a lot;

(B) twenty years and thirty-two days, in the case of a loan

for the purchase of—

(i) a single-wide manufactured home; or

(ii) a single-wide manufactured home and a lot;

(C) twenty-three years and thirty-two days, in the case of a

loan for the purchase of a double-wide manufactured home; or
487 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3712

(D) twenty-five years and thirty-two days, in the case of a

loan for the purchase of a double-wide manufactured home and

a lot.

(2) Nothing in paragraph (1) of this subsection shall preclude the

Secretary, under regulations which the Secretary shall prescribe,

from consenting to necessary advances for the protection of the security or the holder’s lien, to a reasonable extension of the term of

such loan, or to a reasonable reamortization of such loan.

(e) No loan shall be guaranteed for purposes specified in this section unless—

(1) the loan is repayable in approximately equal monthly installments;

(2) the terms of repayment bear a proper relationship to the

veteran’s present and anticipated income and expenses, and

the veteran is a satisfactory credit risk, as determined in accordance with the regulations prescribed under section 3710(g)

of this title and taking into account the purpose of this program to make available lower cost housing to low and lower income veterans, especially those who have been recently discharged or released from active military, naval, or air service,

who may not have previously established credit ratings;

(3) the loan is secured by a first lien on the manufactured

home purchased with the proceeds of the loan and on any lot

acquired or improved with the proceeds of the loan;

(4) the amount of the loan to be paid by the veteran is not

in excess of the amount determined to be reasonable, based

upon—

(A) with respect to any portion of the loan to purchase

a new manufactured home, such cost factors as the Secretary considers proper to take into account;

(B) with respect to any portion of the loan to purchase

a used manufactured home, the reasonable value of the

property, as determined by the Secretary;

(C) with respect to any portion of the loan to purchase

a lot, the reasonable value of such lot, as determined by

the Secretary; and

(D) with respect to any portion of the loan to cover the

cost of necessary site preparation, an appropriate amount,

as determined by the Secretary;

(5) the veteran certifies, in such form as the Secretary shall

prescribe, that the veteran will personally occupy the property

as the veteran’s home; except that the requirement of this

clause shall not apply (A) in the case of a guaranteed loan that

is for the purpose described in paragraph (1)(F) of subsection

(a), or (B) in the case described in section 3704(c)(2);

(6) the manufactured home is or will be placed on a site

which meets specifications which the Secretary shall establish

by regulation; and

(7) the interest rate to be charged on the loan does not exceed the permissible rate established by the Secretary.

(f) The Secretary shall establish such rate of interest for manufactured home loans and manufactured home lot loans as the Secretary determines to be necessary in order to assure a reasonable
§ 3712 CH. 37—HOUSING AND SMALL BUSINESS LOANS 488

supply of manufactured home loan financing for veterans for purposes specified in this section.

(g) The Secretary shall promulgate such regulations as the Secretary determines to be necessary or appropriate in order to fully

implement the provisions of this section, and such regulations may

specify which provisions in other sections of this chapter the Secretary determines should be applicable to loans guaranteed or

made for purposes specified in this section. The Secretary shall

have such powers and responsibilities in respect to matters arising

under this section as the Secretary has in respect to loans made

or guaranteed or under other sections of this chapter.

(h)(1) No loan for the purchase of a manufactured home shall be

guaranteed for purposes specified in this section unless the manufactured home and lot, if any, meet or exceed standards for planning, construction, and general acceptability as prescribed by the

Secretary and no loan for the purchase of a lot on which to place

a manufactured home owned by a veteran shall be guaranteed for

purposes specified in this section unless the lot meets such standards prescribed for manufactured home lots. Such standards shall

be designed to encourage the maintenance and development of sites

for manufactured homes which will be attractive residential areas

and which will be free from, and not substantially contribute to,

adverse scenic or environmental conditions.

(2) Any manufactured housing unit properly displaying a certification of conformity to all applicable Federal manufactured home

construction and safety standards pursuant to section 616 of the

National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5415) shall be deemed to meet the

standards required by paragraph (1).

(i) The Secretary shall require the manufacturer to become a

warrantor of any new manufactured home which is approved for

purchase with financing through the assistance of this chapter and

to furnish to the purchaser a written warranty in such form as the

Secretary shall require. Such warranty shall include (1) a specific

statement that the manufactured home meets the standards prescribed by the Secretary pursuant to the provisions of subsection

(h) of this section; and (2) a provision that the warrantor’s liability

to the purchaser or owner is limited under the warranty to instances of substantial nonconformity to such standards which become evident within one year from date of purchase and as to

which the purchaser or owner gives written notice to the warrantor

not later than ten days after the end of the warranty period. The

warranty prescribed herein shall be in addition to, and not in derogation of, all other rights and privileges which such purchaser or

owner may have under any other law or instrument and shall so

provide in the warranty document.

(j) Subject to notice and opportunity for a hearing, the Secretary

is authorized to deny guaranteed or direct loan financing in the

case of—

(1) manufactured homes constructed by a manufacturer who

fails or is unable to discharge the manufacturer’s obligations

under the warranty;
489 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3713

(2) manufactured homes which are determined by the Secretary not to conform to the standards provided for in subsection (h); or

(3) a manufacturer of manufactured homes who has engaged

in procedures or practices determined by the Secretary to be

unfair or prejudicial to veterans or the Government.

(k) Subject to notice and opportunity for a hearing, the Secretary

may refuse to approve as acceptable any site in a manufactured

home park or subdivision owned or operated by any person whose

rental or sale methods, procedures, requirements, or practices are

determined by the Secretary to be unfair or prejudicial to veterans

renting or purchasing such sites. The Secretary may also refuse to

guarantee or make direct loans for veterans to purchase manufactured homes offered for sale by any dealer if substantial deficiencies have been discovered in such homes, or if the Secretary determines that there has been a failure or indicated inability of the

dealer to discharge contractual liabilities to veterans, or that the

type of contract of sale or methods, procedures, or practices pursued by the dealer in the marketing of such properties have been

unfair or prejudicial to veteran purchasers.

(l) The provisions of sections 3704(d) and 3721 of this title shall

be fully applicable to lenders making guaranteed manufactured

home loans and manufactured home lot loans and holders of such

loans.

(Added P.L. 91–506, § 5, Oct. 23, 1970, 84 Stat. 1110, § 1819; amended P.L. 93–569,

§ 5, Dec. 31, 1974, 88 Stat. 1864; P.L. 94–324, §§ 5, 7(20)–(23), June 30, 1976, 90

Stat. 720, 722; P.L. 95–476, § 107, Oct. 18, 1978, 92 Stat. 1500; P.L. 96–385,

§§ 401(b), 402(c), Oct. 7, 1980, 94 Stat. 1532, 1533; P.L. 97–66, § 503, Oct. 17, 1981,

95 Stat. 1032; P.L. 97–72, § 303(h), (i), Nov. 3, 1981, 95 Stat. 1060; P.L. 97–295,

§ 4(66), Oct. 12, 1982, 96 Stat. 1310; P.L. 97–306, § 406(a), (c)(2), Oct. 14, 1982, 96

Stat. 1444, 1445; P.L. 98–223, § 205(b), Mar. 2, 1984, 98 Stat. 43; P.L. 99–576,

§ 402(c)(2), Oct. 28, 1986, 100 Stat. 3281; P.L. 100–198, §§ 3(b), 7(b), 8(b), Dec. 21,

1987, 101 Stat. 1315, 1318, 1320; P.L. 100–253, § 3(b), Feb. 29, 1988, 102 Stat. 20;

renumbered § 1812 and amended P.L. 100–322, § 415(b)(4), May 20, 1988, 102 Stat.

551; P.L. 101–237, § 313(b)(1), (7), Dec. 18, 1989, 103 Stat. 2077; P.L. 101–508,

§ 8031(a), Nov. 5, 1990, 104 Stat. 1388–348; P.L. 102–54, § 14(c)(8), June 13, 1991,

105 Stat. 285; renumbered § 3712 and amended P.L. 102–83, §§ 4(a)(2)(A)(v), 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 403, 406; P.L. 1102–547, § 6(2), Oct. 28, 1992, 106

Stat. 3636; P.L. 103–446, § 906, § 1201(e)(14), Nov. 2, 1994, 108 Stat. 4677, 4685;

P.L. 104–66, § 1141(b), Dec. 21, 1995, 109 Stat. 726.)

§ 3713. Release from liability under guaranty

(a) Whenever any veteran disposes of residential property securing a guaranteed, insured, or direct housing loan obtained by the

veteran, the Secretary, upon application made by such veteran and

by the transferee incident to such disposal, shall issue to such veteran in connection with such disposal a release relieving the veteran of all further liability to the Secretary on account of such loan

(including liability for any loss resulting from any default of the

transferee or any subsequent purchaser of such property) if the

Secretary has determined, after such investigation as the Secretary

may deem appropriate, that (1) the loan is current, and (2) the purchaser of such property from such veteran (A) is obligated by contract to purchase such property and to assume full liability for the

repayment of the balance of the loan remaining unpaid, and has

assumed by contract all of the obligations of the veteran under the

terms of the instruments creating and securing the loan, and (B)
§ 3713 CH. 37—HOUSING AND SMALL BUSINESS LOANS 490

qualifies from a credit standpoint, to the same extent as if the

transferee were a veteran eligible for purposes specified in section

3710 of this title, for a guaranteed or insured or direct loan in an

amount equal to the unpaid balance of the obligation for which the

transferee has assumed liability.

(b) If any veteran disposes of residential property securing a

guaranteed, insured, or direct housing loan obtained by the veteran

under this chapter without receiving a release from liability with

respect to such loan under subsection (a), and a default subsequently occurs which results in liability of the veteran to the Secretary on account of the loan, the Secretary may relieve the veteran of such liability if the Secretary determines, after such investigation as the Secretary deems appropriate, that the property was

disposed of by the veteran in such a manner, and subject to such

conditions, that the Secretary would have issued the veteran a release from liability under subsection (a) with respect to the loan if

the veteran had made application therefor incident to such disposal. Failure of a transferee to assume by contract all of the liabilities of the original veteran-borrower shall bar such release of liability only in cases in which no acceptable transferee, either immediate or remote, is legally liable to the Secretary for the indebtedness of the original veteran-borrower arising from termination of

the loan. The failure of a veteran to qualify for release from liability under this subsection does not preclude relief from being granted under section 5302(b) of this title, if the veteran is eligible for

relief under that section.

(c) This section shall apply only to loans for which commitments

are made before March 1, 1988.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1212, § 1817; P.L. 92–328, § 204, June 30, 1972,

86 Stat. 397; P.L. 94–324, § 7(18), (19), June 30, 1976, 90 Stat. 722; P.L. 97–72,

§ 303(f), Nov. 3, 1981, 95 Stat. 1060; P.L. 100–198, § 10(a)(2), Dec. 21, 1987, 101

Stat. 1323; renumbered § 1813 and amended P.L. 100–322, § 415(b)(2), May 20,

1988, 102 Stat. 550; P.L. 101–237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; P.L.

102–40, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 3713 and amended

P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 103–446, § 1201(e)(15),

Nov. 2, 1994, 108 Stat. 4686.)

§ 3714. Assumptions; release from liability

(a)(1) Except as provided in subsection (f) of this section, if a veteran or any other person disposes of residential property securing

a loan guaranteed, insured, or made under this chapter and the

veteran or other person notifies the holder of the loan in writing

before the property is disposed of, the veteran or other person, as

the case may be, shall be relieved of all further liability to the Secretary with respect to the loan (including liability for any loss resulting from any default of the purchaser or any subsequent owner

of the property) and the application for assumption shall be approved if the holder determines that—

(A) the loan is current; and

(B) the purchaser of the property from such veteran or other

person—

(i) is obligated by contract to purchase such property and

to assume full liability for the repayment of the balance of

the loan remaining unpaid and has assumed by contract
491 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3714

all of the obligations of the veteran under the terms of the

instruments creating and securing the loan; and

(ii) qualifies from a credit standpoint, to the same extent

as if the purchaser were a veteran eligible under section

3710 of this title, for a guaranteed or insured or direct

loan in an amount equal to the unpaid balance of the obligation for which the purchaser is to assume liability.

(2) For the purposes of paragraph (1), paragraph (3), and paragraph (4)(C)(ii) of this subsection, the Secretary shall be considered

to be the holder of the loan if the actual holder is not an approved

lender described in section 3702.

(3) If the holder of the loan determines that the loan is not current or that the purchaser of the property does not meet the requirements of paragraph (1)(B) of this subsection, the holder

shall—

(A) notify the transferor and the Secretary of such determination; and

(B) notify the transferor that the transferor may appeal the

determination to the Secretary.

(4)(A) Upon the appeal of the transferor after a determination described in paragraph (3) is made, the Secretary shall, in a timely

manner, review and make a determination (or a redetermination in

any case in which the Secretary made the determination described

in such paragraph) with respect to whether the loan is current and

whether the purchaser of the property meets the requirements of

paragraph (1)(B) of this subsection. The Secretary shall transmit,

in writing, a notice of the nature of such determination to the

transferor and the holder and shall inform them of the action that

shall or may be taken under subparagraph (B) of this paragraph

as a result of the determination of the Secretary.

(B)(i) If the Secretary determines under subparagraph (A) of this

paragraph that the loan is current and that the purchaser meets

the requirements of paragraph (1)(B) of this subsection, the holder

shall approve the assumption of the loan, and the transferor shall

be relieved of all liability to the Secretary with respect to such

loan.

(ii) If the Secretary determines under subparagraph (A) of this

paragraph that the purchaser does not meet the requirements of

paragraph (1)(B) of this subsection, the Secretary may direct the

holder to approve the assumption of the loan if—

(I) the Secretary determines that the transferor of the property is unable to make payments on the loan and has made

reasonable efforts to find a buyer who meets the requirements

of paragraph (1)(B) of this subsection and that, as a result, the

proposed transfer is in the best interests of the Department

and the transferor;

(II) the transferor has requested, within 15 days after receiving the notice referred to in subparagraph (A) of this paragraph, that the Secretary approve the assumption; and

(III) the transferor will, upon assumption of the loan by the

purchaser, be secondarily liable on the loan.

(C) If—
§ 3714 CH. 37—HOUSING AND SMALL BUSINESS LOANS 492

(i) the loan is not approved for assumption under subparagraph (B) of this paragraph or paragraph (1) of this subsection;

or

(ii) no appeal is made by the transferor under subparagraph

(A) of this paragraph within 30 days after the holder informs

the transferor of its determination under paragraph (3) of this

subsection,

the holder may demand immediate, full payment of the principal,

and all interest earned thereon, of such loan if the transferor disposes of the property.

(b) If a person disposes of residential property described in subsection (a)(1) of this section and the person fails to notify the holder

of the loan before the property is disposed of, the holder, upon

learning of such action by the person, may demand immediate and

full payment of the principal, interest, and all other amounts owing

under the terms of the loan.

(c)(1) In any case in which the holder of a loan described in subsection (a)(1) of this section has knowledge of a person’s disposing

of residential property securing the loan, the holder shall notify the

Secretary of such action.

(2) If the holder fails to notify the Secretary in such a case, the

holder shall be liable to the Secretary for any damage sustained by

the Secretary as a result of the holder’s failure, as determined at

the time the Secretary is required to make payments in accordance

with any insurance or guaranty provided by the Secretary with respect to the loan concerned.

(d) With respect to a loan guaranteed, insured, or made under

this chapter, the Secretary shall provide, by regulation, that at

least one instrument evidencing either the loan or the mortgage or

deed of trust therefor, shall conspicuously contain, in such form as

the Secretary shall specify, a notice in substantially the following

form: ‘‘This loan is not assumable without the approval of the Department of Veterans Affairs or its authorized agent’’.

(e) The Secretary shall establish in regulations a reasonable

amount as the maximum amount that a lender may charge for

processing an application for a creditworthiness determination and

assumption of a loan pursuant to this section. Such regulations

shall establish requirements for the timely processing of applications for acceptance of assumptions.

(f)(1) This section shall apply—

(A) in the case of loans other than loans to finance the purchase of real property described in section 3733(a)(1) of this

title, only to loans for which commitments are made on or after

March 1, 1988; and

(B) in the case of loans to finance the purchase of such property, only to loans which are closed after January 1, 1989.

(2) This section shall not apply to a loan which the Secretary has

sold without recourse.

(Added P.L. 100–198, § 10(a)(1), Dec. 21, 1987, 101 Stat. 1321, § 1817A; renumbered

§ 1814, P.L. 100–322, § 415(b)(2)(B), May 20, 1988, 102 Stat. 551; amended P.L. 100–

689, § 302, Nov. 18, 1988, 102 Stat. 4176; P.L. 101–237, § 313(b)(1), Dec. 18, 1989,

103 Stat. 2077; renumbered § 3714 and amended P.L. 102–83, §§ 4(a)(2)(B)(iv), (3),

(4), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403, 404, 406; P.L. 105–368, § 1005(b)(10),

Nov. 11, 1998, 112 Stat. 3365; P.L. 107–103, § 403, Dec. 27, 2001, 115 Stat. 993.)
493 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3720

[§ 3718. Repealed. P.L. 100–322, § 415(b).]

SUBCHAPTER III—ADMINISTRATIVE PROVISIONS

§ 3720. Powers of Secretary

(a) Notwithstanding the provisions of any other law, with respect

to matters arising by reason of this chapter, the Secretary may— (1) sue and be sued in the Secretary’s official capacity in any

court of competent jurisdiction, State or Federal, but nothing

in this clause shall be construed as authorizing garnishment or

attachment against the Secretary, the Department of Veterans

Affairs, or any of its employees;

(2) subject to specific limitations in this chapter, consent to

the modification, with respect to rate of interest, time of payment of principal or interest or any portion thereof, security or

other provisions of any note, contract, mortgage or other instrument securing a loan which has been guaranteed, insured,

made or acquired under this chapter;

(3) pay, or compromise, any claim on, or arising because of,

any such guaranty or insurance;

(4) pay, compromise, waive or release any right, title, claim,

lien or demand, however acquired, including any equity or any

right of redemption;

(5) purchase at any sale, public or private, upon such terms

and for such prices as the Secretary determines to be reasonable, and take title to, property, real, personal or mixed; and

similarly sell, at public or private sale, exchange, assign, convey, or otherwise dispose of any such property; and

(6) complete, administer, operate, obtain and pay for insurance on, and maintain, renovate, repair, modernize, lease, or

otherwise deal with any property acquired or held pursuant to

this chapter. The acquisition of any such property shall not deprive any State or political subdivision thereof of its civil or

criminal jurisdiction of, on, or over such property (including

power to tax) or impair the rights under the State or local law

of any persons on such property. Without regard to section

3302(b) of title 31 or any other provision of law not expressly

in limitation of this paragraph, the Secretary may permit brokers utilized by the Secretary in connection with such properties to deduct from rental collections amounts covering authorized fees, costs, and expenses incurred in connection with

the management, repair, sale, or lease of any such properties

and remit the net balances to the Secretary.

(b) The powers granted by this section may be exercised by the

Secretary without regard to any other provision of law not enacted

expressly in limitation of this section, which otherwise would govern the expenditure of public funds , except that title III of the

Federal Property and Administrative Services Act of 1949 (41

U.S.C. 251 et seq.) shall apply to any contract for services or supplies on account of any property acquired pursuant to this section.

(c) The financial transactions of the Secretary incident to, or arising out of, the guaranty or insurance of loans pursuant to this

chapter, and the acquisition, management, and disposition of property, real, personal, or mixed, incident to such activities and pursu-
§ 3720 CH. 37—HOUSING AND SMALL BUSINESS LOANS 494

ant to this section, shall be final and conclusive upon all officers

of the Government.

(d) The right to redeem provided for by section 2410(c) of title 28

shall not arise in any case in which the subordinate lien or interest

of the United States derives from a guaranteed or insured loan.

[(e) Repealed. P.L. 105–368, § 602(c)(1).]

(f) Whenever loss, destruction, or damage to any residential property securing loans guaranteed, insured, made, or acquired by the

Secretary under this chapter occurs as the result of a major disaster as determined by the President under the Disaster Relief and

Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Secretary

shall (1) provide counseling and such other service to the owner of

such property as may be feasible and shall inform such owner concerning the disaster assistance available from other Federal agencies and from State or local agencies, and (2) pursuant to subsection (a)(2) of this section, extend on an individual case basis

such forbearance or indulgence to such owner as the Secretary determines to be warranted by the facts of the case and the circumstances of such owner.

(g) The Secretary shall, at the request of the Secretary of Housing and Urban Development and without reimbursement, certify to

such Secretary whether an applicant for assistance under any law

administered by the Department of Housing and Urban Development is a veteran.

(h)(1) The Secretary may, upon such terms and conditions as the

Secretary considers appropriate, issue or approve the issuance of,

and guarantee the timely payment of principal and interest on, certificates or other securities evidencing an interest in a pool of mortgage loans made in connection with the sale of properties acquired

under this chapter.

(2) The Secretary may not under this subsection guarantee the

payment of principal and interest on certificates or other securities

issued or approved after December 31, 2011.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1213, § 1820; P.L. 88–151, § 1, Oct. 17, 1963,

77 Stat. 271; P.L. 88–560, § 701(e)(1), Sept. 2, 1964, 78 Stat. 800; P.L. 89–625, Oct.

4, 1966, 80 Stat. 874; P.L. 89–769, § 3(c), Nov. 6, 1966, 80 Stat. 1316; P.L. 90–448,

§ 807(h), Aug. 1, 1968, 82 Stat. 545; P.L. 91–606, § 233, Dec. 31, 1970, 84 Stat. 1753;

P.L. 92–328, § 205, June 30, 1972, 86 Stat. 397; P.L. 93–288, § 702(l), § 602(l), May

22, 1974, 88 Stat. 164, § 702(l); P.L. 103–337, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat.

3100; P.L. 94–324, § 7(24)–(26), June 30, 1976, 90 Stat. 722; P.L. 95–117, § 403(a),

Oct. 3, 1977, 91 Stat. 1066; P.L. 97–258, § 3(k)(3), Sept. 13, 1982, 96 Stat. 1065; P.L.

97–295, § 4(67), Oct. 12, 1982, 96 Stat. 1310; P.L. 98–160, § 702(14), Nov. 21, 1983,

97 Stat. 1009; P.L. 99–576, § 404, Oct. 28, 1986, 100 Stat. 3281; P.L. 100–707,

§ 109(n), Nov. 23, 1988, 102 Stat. 4709; P.L. 101–237, § 313(b)(1), (2), Dec. 18, 1989,

103 Stat. 2077; P.L. 102–54, § 4(a), June 13, 1991, 105 Stat. 268; renumbered § 3720

and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–291,

§ 5(a), May 20, 1992, 106 Stat. 179; P.L. 102–547, § 4, Oct. 28, 1992, 106 Stat. 3636;

P.L. 104–110, § 101(f), Feb. 13, 1996, 110 Stat. 768; P.L. 104–275, § 201, Oct. 9,

1996, 110 Stat. 3330; P.L. 105–33, Aug. 5, 1997, 111 Stat. 664, § 8011; P.L. 105–

368, §§ 602(c)(1), 604(a), Nov. 11, 1998, 112 Stat. 3346, 3348; P.L. 106–419, § 402(a),

Nov. 1, 2000, 114 Stat. 1861; P.L. 107–103, § 405(b), Dec. 27, 2001, 115 Stat. 994.)

§ 3721. Incontestability

Any evidence of guaranty or insurance issued by the Secretary

shall be conclusive evidence of the eligibility of the loan for guaranty or insurance under the provisions of this chapter and of the

amount of such guaranty or insurance. Nothing in this section shall
495 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3726

preclude the Secretary from establishing, as against the original

lender, defenses based on fraud or material misrepresentation. The

Secretary shall not, by reason of anything contained in this section,

be barred from establishing, by regulations in force at the date of

such issuance or disbursement, whichever is the earlier, partial defenses to the amount payable on the guaranty or insurance.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1213, § 1821; P.L. 101–237, § 313(b)(1), Dec. 18,

1989, 103 Stat. 2077; renumbered § 3721, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat.

406.)

§ 3722. Veterans Housing Benefit Program Fund

(a) There is hereby established in the Treasury of the United

States a fund known as the Veterans Housing Benefit Program

Fund (hereinafter in this section referred to as the ‘‘Fund’’).

(b) The Fund shall be available to the Secretary, without fiscal

year limitation, for all housing loan operations under this chapter,

other than administrative expenses, consistent with the Federal

Credit Reform Act of 1990.

(c) There shall be deposited into the Fund the following, which

shall constitute the assets of the Fund:

(1) Any amount appropriated to the Fund.

(2) Amounts paid into the Fund under section 3729 of this

title or any other provision of law or regulation established by

the Secretary imposing fees on persons or other entities participating in the housing loan programs under this chapter.

(3) All other amounts received by the Secretary on or after

October 1, 1998, incident to housing loan operations under this

chapter, including— (A) collections of principal and interest on housing loans

made by the Secretary under this chapter;

(B) proceeds from the sale, rental, use, or other disposition of property acquired under this chapter;

(C) proceeds from the sale of loans pursuant to

sections 3720(h) and 3733(a)(3) of this title; and

(D) penalties collected pursuant to section 3710(g)(4)(B)

of this title.

(d) Amounts deposited into the Fund under paragraphs (2) and

(3) of subsection (c) shall be deposited in the appropriate financing

or liquidating account of the Fund.

(e) For purposes of this section, the term ‘‘housing loan’’ shall not

include a loan made pursuant to subchapter V of this chapter.

(Added P.L. 105–368, Nov. 11, 1998, 112 Stat. 3345, § 602(a)(2); amended P.L. 107–

14, § 8(a)(16), June 5, 2001, 115 Stat. 35.)

ø§§ 3723-3725. Repealed. P.L. 105–368, § 602(a)(1)¿

§ 3726. Withholding of payments, benefits, etc.

(a) No officer, employee, department, or agency of the United

States shall set off against, or otherwise withhold from, any veteran or the surviving spouse of any veteran any payments (other

than benefit payments under any law administered by the Department of Veterans Affairs) which such veteran or surviving spouse

would otherwise be entitled to receive because of any liability to

the Secretary allegedly arising out of any loan made to, assumed
§ 3726 CH. 37—HOUSING AND SMALL BUSINESS LOANS 496

by, or guaranteed or insured on account of, such veteran or surviving spouse under this chapter, unless the Secretary provides

such veteran or surviving spouse with notice by certified mail with

return receipt requested of the authority of the Secretary to waive

the payment of indebtedness under section 5302(b) of this title.

(b) If the Secretary does not waive the entire amount of the liability, the Secretary shall then determine whether the veteran or

surviving spouse should be released from liability under section

3713(b) of this title.

(c) If the Secretary determines that the veteran or surviving

spouse should not be released from liability, the Secretary shall notify the veteran or surviving spouse of that determination and provide a notice of the procedure for appealing that determination, unless the Secretary has previously made such determination and notified the veteran or surviving spouse of the procedure for appealing the determination.

(Added P.L. 89–358, § 5(f)(1), Mar. 3, 1966, 80 Stat. 26, § 1826; amended P.L. 94–

324, § 7(30), June 30, 1976, 90 Stat. 722; P.L. 97–66, § 504, Oct. 17, 1981, 95 Stat.

1033; P.L. 101–237, § 313(b)(1), (2), Dec. 18, 1989, 103 Stat. 2077; renumbered

§ 3726, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; amended P.L. 105–33,

§ 8033(a), Aug. 5, 1997, 111 Stat. 669.)

§ 3727. Expenditures to correct or compensate for structural

defects in mortgaged homes

(a) The Secretary is authorized, with respect to any property improved by a one- to four-family dwelling inspected during construction by the Department of Veterans Affairs or the Federal Housing

Administration which the Secretary finds to have structural defects

seriously affecting the livability of the property, to make expenditures for (1) correcting such defects, (2) paying the claims of the

owner of the property arising from such defects, or (3) acquiring

title to the property; except that such authority of the Secretary

shall exist only (A) if the owner requests assistance under this section not later than four years (or such shorter time as the Secretary may prescribe) after the mortgage loan was made, guaranteed, or insured, and (B) if the property is encumbered by a mortgage which is made, guaranteed, or insured under this chapter

after May 7, 1968.

(b) The Secretary shall by regulation prescribe the terms and

conditions under which expenditures and payments may be made

under the provisions of this section, and the Secretary’s decisions

regarding such expenditures or payments, and the terms and conditions under which the same are approved or disapproved, shall

be final and conclusive, and shall not be subject to judicial review.

(c) The Secretary is authorized to make expenditures for the purposes of this section from the fund established pursuant to section

3722 of this title.

(Added P.L. 90–301, § 5(a), May 7, 1968, 82 Stat. 116, § 1827; amended P.L. 94–324,

§ 7(31), June 30, 1976, 90 Stat. 722; P.L. 101–237, § 313(b)(1), (2), Dec. 18, 1989, 103

Stat. 2077; renumbered § 3727 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406; P.L. 105–368, § § 602(e)(1)(C), 1005(b)(11), Nov. 11, 1998, 112 Stat.

3346, 3365.)
497 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3729

§ 3728. Exemption from State anti-usury provisions

If, under any law of the United States, loans and mortgages insured under title I or title II of the National Housing Act are exempt from the application of the provisions of any State constitution or law (1) limiting the rate or amount of interest, discount

points, or other charges which may be charged, taken, received, or

reserved by lenders, (2) restricting the manner of calculating such

interest (including prohibition of the charging of interest on interest), or (3) requiring a minimum amortization of principal, then

loans guaranteed or insured under this chapter are also exempt

from the application of such provisions.

(Added P.L. 96–128, § 401(a), Nov. 28, 1979, 93 Stat. 986, § 1828; amended P.L. 97–

66, § 501(b), Oct. 17, 1981, 95 Stat. 1032; renumbered § 3728, P.L. 102–83, § 5(a),

Aug. 6, 1991, 105 Stat. 406.)

§ 3729. Loan fee

(a) REQUIREMENT OF FEE.—(1) Except as provided in subsection

(c), a fee shall be collected from each person obtaining a housing

loan guaranteed, insured, or made under this chapter, and each

person assuming a loan to which section 3714 of this title applies.

No such loan may be guaranteed, insured, made, or assumed until

the fee payable under this section has been remitted to the Secretary.

(2) The fee may be included in the loan and paid from the proceeds thereof.

(b) DETERMINATION OF FEE.—(1) The amount of the fee shall be

determined from the loan fee table in paragraph (2). The fee is expressed as a percentage of the total amount of the loan guaranteed,

insured, or made, or, in the case of a loan assumption, the unpaid

principal balance of the loan on the date of the transfer of the property.

(2) The loan fee table referred to in paragraph (1) is as follows:

LOAN FEE TABLE

Type of loan Active duty

veteran Reservist Other obligor

(A)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any

other initial loan described in section 3710(a) other

than with 5-down or 10-down (closed before October 1, 2011) .................................................................. 2.00 2.75 NA

(A)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any

other initial loan described in section 3710(a) other

than with 5-down or 10-down (closed on or after

October 1, 2011) .......................................................... 1.25 2.00 NA

(B)(i) Subsequent loan described in section 3710(a) to

purchase or construct a dwelling with 0-down, or

any other subsequent loan described in section

3710(a) (closed before October 1, 2011) ..................... 3.00 3.00 NA
§ 3729 CH. 37—HOUSING AND SMALL BUSINESS LOANS 498

LOAN FEE TABLE—Continued

Type of loan Active duty

veteran Reservist Other obligor

(B)(ii) Subsequent loan described in section 3710(a)

to purchase or construct a dwelling with 0-down, or

any other subsequent loan described in section

3710(a) (closed on or after October 1, 2011) ............. 1.25 2.00 NA

(C)(i) Loan described in section 3710(a) to purchase

or construct a dwelling with 5-down (closed before

October 1, 2011) .......................................................... 1.50 2.25 NA

(C)(ii) Loan described in section 3710(a) to purchase

or construct a dwelling with 5-down (closed on or

after October 1, 2011) ................................................. 0.75 1.50 NA

(D)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed

before October 1, 2011) ............................................... 1.25 2.00 NA

(D)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed

on or after October 1, 2011) ....................................... 0.50 1.25 NA

(E) Interest rate reduction refinancing loan ................ 0.50 0.50 NA

(F) Direct loan under section 3711 ............................... 1.00 1.00 NA

(G) Manufactured home loan under section 3712

(other than an interest rate reduction refinancing

loan) ............................................................................. 1.00 1.00 NA

(H) Loan to Native American veteran under section

3762 (other than an interest rate reduction refinancing loan) ............................................................... 1.25 1.25 NA

(I) Loan assumption under section 3714 ...................... 0.50 0.50 0.50

(J) Loan under section 3733(a) ...................................... 2.25 2.25 2.25

(3) Any reference to a section in the ‘‘Type of loan’’ column in the

loan fee table in paragraph (2) refers to a section of this title.

(4) For the purposes of paragraph (2):

(A) The term ‘‘active duty veteran’’ means any veteran eligible for the benefits of this chapter other than a Reservist.

(B) The term ‘‘Reservist’’ means a veteran described in section 3701(b)(5)(A) of this title who is eligible under section

3702(a)(2)(E) of this title.

(C) The term ‘‘other obligor’’ means a person who is not a

veteran, as defined in section 101 of this title or other provision of this chapter.

(D) The term ‘‘initial loan’’ means a loan to a veteran guaranteed under section 3710 or made under section 3711 of this

title if the veteran has never obtained a loan guaranteed under

section 3710 or made under section 3711 of this title.

(E) The term ‘‘subsequent loan’’ means a loan to a veteran,

other than an interest rate reduction refinancing loan, guaranteed under section 3710 or made under section 3711 of this

title if the veteran has previously obtained a loan guaranteed

under section 3710 or made under section 3711 of this title.
499 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3731

(F) The term ‘‘interest rate reduction refinancing loan’’

means a loan described in section 3710(a)(8), 3710(a)(9)(B)(i),

3710(a)(11), 3712(a)(1)(F), or 3762(h) of this title.

(G) The term ‘‘0-down’’ means a downpayment, if any, of less

than 5 percent of the total purchase price or construction cost

of the dwelling.

(H) The term ‘‘5-down’’ means a downpayment of at least 5

percent or more, but less than 10 percent, of the total purchase

price or construction cost of the dwelling.

(I) The term ‘‘10-down’’ means a downpayment of 10 percent

or more of the total purchase price or construction cost of the

dwelling.

(c) WAIVER OF FEE.—A fee may not be collected under this section from a veteran who is receiving compensation (or who, but for

the receipt of retirement pay, would be entitled to receive compensation) or from a surviving spouse of any veteran (including a

person who died in the active military, naval, or air service) who

died from a service-connected disability.

(Added P.L. 97–253, § 406(a)(1), Sept. 8, 1982, 96 Stat. 805, § 1829; amended P.L.

98–369, § 2511(a), July 18, 1984, 98 Stat. 1117; P.L. 100–198, §§ 2, 10(c), Dec. 21,

1987, 101 Stat. 1315, 1323; P.L. 100–203, § 7002, Dec. 22, 1987, 101 Stat. 1330–279;

P.L. 100–322, § 415(c)(6), May 20, 1988, 102 Stat. 551; P.L. 101–237, §§ 303(a),

313(b)(1), Dec. 18, 1989, 103 Stat. 2071, 2077; P.L. 101–239, § 5001, Dec. 19, 1989,

103 Stat. 2136; P.L. 101–508, § 8032, Nov. 5, 1990, 104 Stat. 1388–348; P.L. 102–

54, § 15(a)(3), (4), June 13, 1991, 105 Stat. 289; renumbered § 3729 and amended

P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–547, §§ 2(b)(1), 5,

Oct. 28, 1992, 106 Stat. 3633, 3636; P.L. 103–66, § 12007, Aug. 10, 1993, 107 Stat.

414; P.L. 103–446, § 904(c), Nov. 2, 1994, 108 Stat. 4677; P.L. 104–275, § 202(b), Oct.

9, 1996, 110 Stat. 3330; P.L. 105–33, Aug. 5, 1997, 111 Stat. 664 & 669, §§ 8012,

8032; P.L. 105–368, § 602(e)(1)(D), Nov. 11, 1998, 112 Stat. 3346; P.L. 106–419,

§ 402(b), Nov. 1, 2000, 114 Stat. 1861; P.L. 107–103, §§ 405(c), 406, Dec. 27, 2001,

115 Stat. 994.)

§ 3730. Use of attorneys in court

(a) The Secretary shall authorize attorneys employed by the Department of Veterans Affairs to exercise the right of the United

States to bring suit in court to foreclose a loan made or acquired

by the Secretary under this chapter and to recover possession of

any property acquired by the Secretary under this chapter. The

Secretary may acquire the services of attorneys, other than those

who are employees of the Department of Veterans Affairs, to exercise that right. The activities of attorneys in bringing suit under

this section shall be subject to the direction and supervision of the

Attorney General and to such terms and conditions as the Attorney

General may prescribe.

(b) Nothing in this section derogates from the authority of the

Attorney General under sections 516 and 519 of title 28 to direct

and supervise all litigation to which the United States or an agency

or officer of the United States is a party.

(Added P.L. 98–369, § 2512(b)(1), July 18, 1984, 98 Stat. 1120, § 1830; amended P.L.

99–576, § 406, Oct. 28, 1986, 100 Stat. 3282; P.L. 101–237, § 313(b)(1), (2), Dec. 18,

1989, 103 Stat. 2077; renumbered § 3730, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat.

406; amended P.L. 105–368, § 1005(b)(12), Nov. 11, 1998, 112 Stat. 3365.)

§ 3731. Appraisals

(a) The Secretary shall—
§ 3731 CH. 37—HOUSING AND SMALL BUSINESS LOANS 500

(1) subject to subsection (b)(2) and in consultation with appropriate representatives of institutions which are regularly

engaged in making housing loans, prescribe uniform qualifications for appraisers, including the successful completion of a

written test, submission of a sample appraisal, certification of

an appropriate number of years of experience as an appraiser,

and submission of recommendations from other appraisers;

(2) use such qualifications in determining whether to approve an appraiser to make appraisals of the reasonable value

of any property, construction, repairs, or alterations for the

purposes of this chapter; and

(3) in consultation with local representatives of institutions

described in clause (1) of this subsection, develop and maintain

lists of appraisers who are approved under clause (2) of this

subsection to make appraisals for the purposes of this chapter.

(b)(1) The Secretary shall select appraisers from a list required

by subsection (a)(3) of this section on a rotating basis to make appraisals for the purposes of this chapter.

(2) If uniform qualifications become applicable for appraisers who

perform appraisals for or in connection with the Federal Government, the qualifications required by subsection (a)(1) of this section

may be more stringent than such uniform qualifications, but the

Secretary may use no written test in determining the qualifications

of appraisers other than the test prescribed to implement such uniform qualifications.

(c) Except as provided in subsection (f) of this section, the appraiser shall forward an appraisal report to the Secretary for review. Upon receipt of such report, the Secretary shall determine

the reasonable value of the property, construction, repairs, or alterations for purposes of this chapter, and notify the veteran of such

determination. Upon request, the Secretary shall furnish a copy of

the appraisal made of property for the purposes of this chapter to

the lender proposing to make the loan which is to be secured by

such property and is to be guaranteed under this chapter.

(d) If a lender (other than a lender authorized under subsection

(f) of this section to determine reasonable value)— (1) has proposed to make a loan to be guaranteed under this

chapter,

(2) has been furnished a certificate of reasonable value of

any property or of any construction, repairs, or alterations of

property which is to be the security for such loan, and

(3) within a reasonable period prescribed by the Secretary,

has furnished to the Secretary an additional appraisal of the

reasonable value of such property, construction, repairs, or alterations which was made by an appraiser selected by the

lender from the list required by subsection (a)(3) of this

section,

the Secretary shall consider both the initial appraisal and the additional appraisal and shall, if appropriate, issue a revised certificate

of reasonable value of such property, construction, repairs, or alterations.

(e)(1) In no case may a veteran be required to pay all or any portion of the cost of the additional appraisal described in subsection

(d)(3) of this section.
501 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3731

(2) If a veteran, within a reasonable period prescribed by the Secretary, has furnished to the Secretary an additional appraisal of

the reasonable value of such property, construction, repairs, or alterations which was made by an appraiser selected by the veteran

from the list required by subsection (a)(3) of this section, the Secretary shall consider such appraisal, along with other appraisals

furnished to the Secretary, and shall, if appropriate, issue a revised

certificate of reasonable value of such property, construction, repairs, or alterations.

(f)(1) Subject to the provisions of paragraphs (2) and (3) of this

subsection, the Secretary may, in accordance with standards and

procedures established in regulations prescribed by the Secretary,

authorize a lender to determine the reasonable value of property

for the purposes of this chapter if the lender is authorized to make

loans which are automatically guaranteed under section 3702(d) of

this title. In such a case, the appraiser selected by the Secretary

pursuant to subsection (b) of this section shall submit the appraisal

report directly to the lender for review, and the lender shall, as

soon as possible thereafter, furnish a copy of the appraisal to the

veteran who is applying for the loan concerned and to the Secretary.

(2) In exercising the authority provided in paragraph (1) of this

subsection, the Secretary shall assign a sufficient number of personnel to carry out an appraisal-review system to monitor, on at

least a random-sampling basis, the making of appraisals by appraisers and the effectiveness and the efficiency of the determination of reasonable value of property by lenders.

(3) [Repealed by P.L. 104–110, § 101(g); 110 Stat. 768)]

(4) Not later than April 30 of each year following a year in which

the Secretary authorizes lenders to determine reasonable value of

property under this subsection, the Secretary shall submit to the

Committees on Veterans’ Affairs of the Senate and the House of

Representatives a report relating to the exercise of that authority

during the year in which the authority was exercised.

(5) A report submitted pursuant to paragraph (4) of this subsection shall include, for the period covered by each report—

(A) the number and value of loans made by lenders exercising the authority of this subsection;

(B) the number and value of such loans reviewed by the appraisal-review monitors referred to in paragraph (2) of this

subsection;

(C) the number and value of loans made under this subsection of which the Secretary received notification of default;

(D) the amount of guaranty paid by the Secretary to such

lenders by reason of defaults on loans as to which reasonable

value was determined under this subsection; and

(E) such recommendations as the Secretary considers appropriate to improve the exercise of the authority provided for in

this subsection and to protect the interests of the United

States.

(Added P.L. 99–576, § 407(a), Oct. 28, 1986, 100 Stat. 3282, § 1831; amended P.L.

100–198, § 11(a), (b), Dec. 21, 1987, 101 Stat. 1324; P.L. 101–237, § 313(b)(1), Dec.

18, 1989, 103 Stat. 2077; P.L. 102–54, § 3(b), (c), June 13, 1991, 105 Stat. 267; renumbered § 3731 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
§ 3731 CH. 37—HOUSING AND SMALL BUSINESS LOANS 502

406; P.L. 102–547, § 7, Oct. 28, 1992, 106 Stat. 3636; P.L. 104–110, § 101(g), Feb.

13, 1996, 110 Stat. 768.)

§ 3732. Procedure on default

(a)(1) In the event of default in the payment of any loan guaranteed under this chapter, the holder of the obligation shall notify the

Secretary of such default. Upon receipt of such notice, the Secretary may, subject to subsection (c) of this section, pay to such

holder the guaranty not in excess of the pro rata portion of the

amount originally guaranteed. Except as provided in section

3703(e) of this title, if the Secretary makes such a payment, the

Secretary shall be subrogated to the rights of the holder of the obligation to the extent of the amount paid on the guaranty.

(2) Before suit or foreclosure the holder of the obligation shall notify the Secretary of the default, and within thirty days thereafter

the Secretary may, at the Secretary’s option, pay the holder of the

obligation the unpaid balance of the obligation plus accrued interest and receive an assignment of the loan and security. Nothing in

this section shall preclude any forbearance for the benefit of the

veteran as may be agreed upon by the parties to the loan and approved by the Secretary.

(3) The Secretary may establish the date, not later than the date

of judgment and decree of foreclosure or sale, upon which accrual

of interest or charges shall cease.

(4)(A) Upon receiving a notice pursuant to paragraph (1) of this

subsection, the Secretary shall—

(i) provide the veteran with information and, to the extent

feasible, counseling regarding—

(I) alternatives to foreclosure, as appropriate in light of

the veteran’s particular circumstances, including possible

methods of curing the default, conveyance of the property

to the Secretary by means of a deed in lieu of foreclosure,

and the actions authorized by paragraph (2) of this subsection, and

(II) what the Department of Veterans Affairs’ and the

veteran’s liabilities would be with respect to the loan in

the event of foreclosure; and

(ii) advise the veteran regarding the availability of such

counseling;

except with respect to loans made by a lender which the Secretary

determined has a demonstrated record of consistently providing

timely and accurate information to veterans with respect to such

matters.

(B) The Secretary shall, to the extent of the availability of appropriations, ensure that sufficient personnel are available to administer subparagraph (A) of this paragraph effectively and efficiently.

(5) In the event of default in the payment of any loan guaranteed

or insured under this chapter in which a partial payment has been

tendered by the veteran concerned and refused by the holder, the

holder of the obligation shall notify the Secretary as soon as such

payment has been refused. The Secretary may require that any

such notification include a statement of the circumstances of the

default, the amount tendered, the amount of the indebtedness on

the date of the tender, and the reasons for the holder’s refusal.
503 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3732

(b) With respect to any loan made under section 3711 which has

not been sold as provided in subsection (g) of such section, if the

Secretary finds, after there has been a default in the payment of

any installment of principal or interest owing on such loan, that

the default was due to the fact that the veteran who is obligated

under the loan has become unemployed as the result of the closing

(in whole or in part) of a Federal installation, the Secretary shall

(1) extend the time for curing the default to such time as the Secretary determines is necessary and desirable to enable such veteran to complete payments on such loan, including an extension of

time beyond the stated maturity thereof, or (2) modify the terms

of such loan for the purpose of changing the amortization provisions thereof by recasting, over the remaining term of the loan, or

over such longer period as the Secretary may determine, the total

unpaid amount then due with the modification to become effective

currently or upon the termination of an agreed-upon extension of

the period for curing the default.

(c)(1) For purposes of this subsection— (A) The term ‘‘defaulted loan’’ means a loan that is guaranteed under this chapter, that was made for a purpose described

in section 3710(a) of this title, and that is in default.

(B) The term ‘‘liquidation sale’’ means a judicial sale or other

disposition of real property to liquidate a defaulted loan that

is secured by such property.

(C) The term ‘‘net value’’, with respect to real property,

means the amount equal to (i) the fair market value of the

property, minus (ii) the total of the amounts which the Secretary estimates the Secretary would incur (if the Secretary

were to acquire and dispose of the property) for property taxes,

assessments, liens, property maintenance, property improvement, administration, resale (including losses sustained on the

resale of the property), and other costs resulting from the acquisition and disposition of the property, excluding any amount

attributed to the cost to the Government of borrowing funds.

(D) Except as provided in subparagraph (D) of paragraph

(10) of this subsection, the term ‘‘total indebtedness’’, with respect to a defaulted loan, means the amount equal to the total

of (i) the unpaid principal of the loan, (ii) the interest on the

loan as of the date applicable under paragraph (10) of this subsection, and (iii) such reasonably necessary and proper charges

(as specified in the loan instrument and permitted by regulations prescribed by the Secretary to implement this subsection)

associated with liquidation of the loan, including advances for

taxes, insurance, and maintenance or repair of the real property securing the loan.

(2)(A) Except as provided in subparagraph (B) of this paragraph,

this subsection applies to any case in which the holder of a defaulted loan undertakes to liquidate the loan by means of a liquidation sale.

(B) This subsection does not apply to a case in which the Secretary proceeds under subsection (a)(2) of this section.

(3)(A) Before carrying out a liquidation sale of real property securing a defaulted loan, the holder of the loan shall notify the Secretary of the proposed sale. Such notice shall be provided in accord-
§ 3732 CH. 37—HOUSING AND SMALL BUSINESS LOANS 504

ance with regulations prescribed by the Secretary to implement

this subsection.

(B) After receiving a notice described in subparagraph (A) of this

paragraph, the Secretary shall determine the net value of the property securing the loan and the amount of the total indebtedness

under the loan and shall notify the holder of the loan of the determination of such net value.

(4) A case referred to in paragraphs (5), (6), and (7) of this subsection as being described in this paragraph is a case in which the

net value of the property securing a defaulted loan exceeds the

amount of the total indebtedness under the loan minus the amount

guaranteed under this chapter.

(5) In a case described in paragraph (4) of this subsection, if the

holder of the defaulted loan acquires the property securing the loan

at a liquidation sale for an amount that does not exceed the lesser

of the net value of the property or the total indebtedness under the

loan—(A) the holder shall have the option to convey the property

to the United States in return for payment by the Secretary of

an amount equal to the lesser of such net value or total indebtedness; and

(B) the liability of the United States under the loan guaranty

under this chapter shall be limited to the amount of such total

indebtedness minus the net value of the property.

(6) In a case described in paragraph (4) of this subsection, if the

holder of the defaulted loan does not acquire the property securing

the loan at the liquidation sale, the liability of the United States

under the loan guaranty under this chapter shall be limited to the

amount equal to (A) the amount of such total indebtedness, minus

(B) the amount realized by the holder incident to the sale or the

net value of the property, whichever is greater.

(7) In a case described in paragraph (4) of this subsection, if the

holder of the defaulted loan acquires the property securing the loan

at the liquidation sale for an amount that exceeds the lesser of the

total indebtedness under the loan or the net value and— (A)(i) the amount was the minimum amount for which,

under applicable State law, the property was permitted to be

sold at the liquidation sale, the holder shall have the option to

convey the property to the United States in return for payment

by the Secretary of an amount equal to the lesser of the

amount for which the holder acquired the property or the total

indebtedness under the loan; or

(ii) there was no minimum amount for which the property

had to be sold at the liquidation sale under applicable State

law, the holder shall have the option to convey the property to

the United States in return for payment by the Secretary of an

amount equal to the lesser of such net value or total indebtedness; and

(B) the liability of the United States under the loan guaranty

under this chapter is as provided in paragraph (6) of this subsection.

(8) If the net value of the property securing a defaulted loan is

not greater than the amount of the total indebtedness under the

loan minus the amount guaranteed under this chapter—
505 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3732

(A) the Secretary may not accept conveyance of the property

from the holder of the loan; and

(B) the liability of the United States under the loan guaranty

shall be limited to the amount of the total indebtedness under

the loan minus the amount realized by the holder of the loan

incident to the sale at a liquidation sale of the property.

(9) In no event may the liability of the United States under a

guaranteed loan exceed the amount guaranteed with respect to

that loan under section 3703(b) of this title. All determinations

under this subsection of net value and total indebtedness shall be

made by the Secretary.

(10)(A) Except as provided in subparagraphs (B) and (C) of this

paragraph, the date referred to in paragraph (1)(D)(ii) of this subsection shall be the date of the liquidation sale of the property securing the loan (or such earlier date following the expiration of a

reasonable period of time for such sale to occur as the Secretary

may specify pursuant to regulations prescribed by the Secretary to

implement this subsection).

(B)(i) Subject to division (ii) of this subparagraph, in any case in

which there is a substantial delay in such sale caused by the holder

of the loan exercising forebearance at the request of the Secretary,

the date referred to in paragraph (1)(D)(ii) of this subsection shall

be such date, on or after the date on which forebearance was requested and prior to the date of such sale, as the Secretary specifies pursuant to regulations which the Secretary shall prescribe to

implement this paragraph.

(ii) The Secretary may specify a date under subdivision (i) of this

subparagraph only if, based on the use of a date so specified for the

purposes of such paragraph (1)(D)(ii), the Secretary is authorized,

under paragraph (5)(A) or (7)(A) of this subsection, to accept conveyance of the property.

(C) In any case in which there is an excessive delay in such liquidation sale caused—

(i) by the Department of Veterans Affairs (including any

delay caused by its failure to provide bidding instructions in a

timely fashion); or

(ii) by a voluntary case commenced under title 11, United

States Code (relating to bankruptcy);

the date referred to in paragraph (1)(D)(ii) of this subsection shall

be a date, earlier than the date of such liquidation sale, which the

Secretary specifies pursuant to regulations which the Secretary

shall prescribe to implement this paragraph.

(D) For the purpose of determining the liability of the United

States under a loan guaranty under clause (B) of paragraphs (5),

(6), (7), and (8) of this subsection, the amount of the total indebtedness with respect to such loan guaranty shall include, in any case

in which there was an excessive delay caused by the Department

of Veterans Affairs in the liquidation sale of the property securing

such loan, any interest which has accrued as of the date of such

sale and which would not be included, except for this subparagraph, in the calculation of such total indebtedness as a result of

the specification of an earlier date under subparagraph (C)(i) of

this paragraph.
§ 3732 CH. 37—HOUSING AND SMALL BUSINESS LOANS 506

(11) This subsection shall apply to loans closed before October 1,

2011.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1212, § 1816(a)–(c); P.L. 89–117, § 107(f), Aug.

10, 1965, 79 Stat. 460; P.L. 94–324, § 7(17), June 30, 1976, 90 Stat. 722; P.L. 98– 369, § 2512(a), July 18, 1984, 98 Stat. 1117; P.L. 100–198, §§ 4(a), 5(a), Dec. 21,

1987, 101 Stat. 1316; renumbered § 1832 and amended P.L. 100–322, § 415(b)(1)(A)– (C), (5), May 20, 1988, 102 Stat. 550, 551; P.L. 101–237, §§ 304(b), 307–308(b)(1),

313(b)(1), (2), Dec. 18, 1989, 103 Stat. 2073–2075, 2077; P.L. 102–54, §§ 1, 3(a),

14(g)(1), June 13, 1991, 105 Stat. 267, 288; renumbered § 3732 and amended P.L.

102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 103–66, § 12006(a), Aug. 10,

1993, 107 Stat. 414; P.L. 103–446, § 907, Nov. 2, 1994, 108 Stat. 4677; P.L. 105– 33, Aug. 5, 1997, 111 Stat. 664, § 8013; P.L. 106–419, § 402(c), Nov. 1, 2000, 114

Stat. 1863; P.L. 107–103, § 405(d), Dec. 27, 2001, 115 Stat. 994.)

§ 3733. Property management

(a)(1) Of the number of purchases made during any fiscal year

of real property acquired by the Secretary as the result of a default

on a loan guaranteed under this chapter for a purpose described in

section 3710(a) of this title, not more than 65 percent, nor less than

50 percent, of such purchases may be financed by a loan made by

the Secretary. The maximum percentage stated in the preceding

sentence may be increased to 80 percent for any fiscal year if the

Secretary determines that such an increase is necessary in order

to maintain the effective functioning of the loan guaranty program.

(2) After September 30, 1990, the percentage limitations described in paragraph (1) of this subsection shall have no effect.

(3) The Secretary may, beginning on October 1, 1990, sell any

note evidencing a loan referred to in paragraph (1)— (A) with recourse; or

(B) without recourse, but only if the amount received is

equal to an amount which is not less than the unpaid balance

of such loan.

(4)(A) Except as provided in subparagraph (B) of this paragraph,

the amount of a loan made by the Secretary to finance the purchase of real property from the Secretary described in paragraph

(1) of this subsection may not exceed an amount equal to 95 percent of the purchase price of such real property.

(B)(i) The Secretary may waive the provisions of subparagraph

(A) of this paragraph in the case of any loan described in paragraph (5) of this subsection.

(ii) A loan described in subparagraph (A) of this paragraph may,

to the extent the Secretary determines to be necessary in order to

market competitively the property involved, exceed 95 percent of

the purchase price.

(5) The Secretary may include, as part of a loan to finance a purchase of real property from the Secretary described in paragraph

(1) of this subsection, an amount to be used only for the purpose

of rehabilitating such property. Such amount may not exceed the

amount necessary to rehabilitate the property to a habitable state,

and payments shall be made available periodically as such rehabilitation is completed.

(6) The Secretary shall make a loan to finance the sale of real

property described in paragraph (1) of this subsection at an interest rate that is lower than the prevailing mortgage market interest

rate in areas where, and to the extent, the Secretary determines,

in light of prevailing conditions in the real estate market involved,
507 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3734

that such lower interest rate is necessary in order to market the

property competitively and is in the interest of the long-term stability and solvency of the Veterans Housing Benefit Program Fund

established by section 3722(a) of this title.

(b) The Secretary may not make a loan to finance a purchase of

property acquired by the Secretary as a result of a default on a

loan guaranteed under this chapter unless the purchaser meets the

credit underwriting standards established under section

3710(g)(2)(A) of this title.

(c)(1) The Secretary shall identify and compile information on

common factors which the Secretary finds contribute to foreclosures

on loans guaranteed under this chapter.

(2) The Secretary shall include a summary of the information

compiled, and the Secretary’s findings, under paragraph (1) of this

subsection in the annual report submitted to the Congress under

section 529 of this title. As part of such summary and findings, the

Secretary shall provide a separate analysis of the factors which

contribute to foreclosures of loans which have been assumed.

(d)(1) The Secretary shall furnish to real estate brokers and

other real estate sales professionals information on the availability

of real property for disposition under this chapter and the procedures used by the Department of Veterans Affairs to dispose of

such property.

(2) For the purpose of facilitating the most expeditious sale, at

the highest possible price, of real property acquired by the Secretary as the result of a default on a loan guaranteed, insured, or

made under this chapter, the Secretary shall list all such property

with real estate brokers under such arrangements as the Secretary

determines to be most appropriate and cost effective.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1212, §§ 1816(d)–(f), 1832; P.L. 98–369,

§ 2512(a)(2), July 18, 1984, 98 Stat. 1117; P.L. 99–576, §§ 402(c)(1), 403, 408(a), Oct.

28, 1986, 100 Stat. 3281, 3283; P.L. 100–136, § 2, Oct. 16, 1987, 101 Stat. 813; P.L.

100–198, §§ 6(a)(1), (b)(1), 14, Dec. 21, 1987, 101 Stat. 1317, 1318, 1325; P.L. 100–

203, §§ 7001, 7003(a), Dec. 22, 1987, 101 Stat. 1330–278, 1330–279; P.L. 100–253,

§ 2, Feb. 29, 1988, 102 Stat. 20; renumbered § 1833 and amended P.L. 100–322,

§ 415(b)(1)(D), (5)(B), (C), May 20, 1988, 102 Stat. 550, 551; P.L. 100–689, § 301,

Nov. 18, 1988, 102 Stat. 4176; P.L. 101–237, §§ 305(a), 313(b)(1), (2), Dec. 18, 1989,

103 Stat. 2073, 2077; P.L. 101–239, §§ 5002, 5003(a), Dec. 19, 1989, 103 Stat. 2136;

P.L. 102–54, §§ 2, 14(g)(1), 15(a)(5), June 13, 1991, 105 Stat. 267, 288, 289; renumbered § 3733 and amended P.L. 102–83, §§ 2(c)(3), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

402, 406; P.L. 102–291, § 5(b), May 20, 1992, 106 Stat. 180; P.L. 105–368, § 602(c)(2),

(e)(1)(E), Nov. 11, 1998, 112 Stat. 3346.)

§ 3734. Annual submission of information on the Veterans

Housing Benefit Program Fund and housing programs

(a) In the documents providing detailed information on the budget for the Department of Veterans Affairs that the Secretary submits to the Congress in conjunction with the President’s budget

submission for each fiscal year pursuant to section 1105 of title 31,

the Secretary shall include—

(1) a description of the operations of the Veterans Housing

Benefit Program Fund during the fiscal year preceding the fiscal year in which such budget is submitted; and

(2) the needs of such fund, if any, for appropriations for—

(A) the fiscal year in which the budget is submitted; and
§ 3736 CH. 37—HOUSING AND SMALL BUSINESS LOANS 508

1The reference in subsection (b)(2)(B) to section 3729(a)(3) should be a reference to section

3729(a)(2), following the restatement of section 3729 by section 402(b) of P.L. 106-419 (114 Stat.

1861).

(B) the fiscal year for which the budget is submitted.

(b) The matters submitted under subsection (a) of this section

shall include, with respect to the fund referred to in subsection (a),

the following:

(1) Information and financial data on the operations of the

fund during the fiscal year before the fiscal year in which such

matters are submitted and estimated financial data and related information on the operation of the fund for—

(A) the fiscal year of the submission; and

(B) the fiscal year following the fiscal year of the submission.

(2) Estimates of the amount of revenues derived by the fund

in the fiscal year preceding the fiscal year of the submission,

in the fiscal year of the submission, and in the fiscal year following the fiscal year of the submission from each of the following sources:

(A) Fees collected under section 3729(a) of this title for

each category of loan guaranteed, insured, or made under

this chapter or collected under section 3729(b) of this title

for assumed loans.

(B) Federal Government payments under section

3729(a)(3) 1 of this title.

(C) Investment income.

(D) Sales of foreclosed properties.

(E) Loan asset sales.

(F) Each additional source of revenue.

(3) Information, for each fiscal year referred to in paragraph

(2) of this subsection, regarding the types of dispositions made

and anticipated to be made of defaults on loans guaranteed, insured, or made under this chapter, including the cost to the

fund, and the numbers, of such types of dispositions.

(c) The information submitted under subsection (a) shall include

a statement that summarizes the financial activity of each of the

housing programs operated under this chapter. The statement shall

be presented in a form that is simple, concise, and readily understandable, and shall not include references to financing accounts,

liquidating accounts, or program accounts.

(Added P.L. 101–237, § 302(b)(1), Dec. 18, 1989, 103 Stat. 2070, § 1834; renumbered

§ 3734 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 105–

368, § 602(d), (e)(1)(F), Nov. 11, 1998, 112 Stat. 3347; P.L. 107–14, § 8(a)(9), June

5, 2001, 115 Stat. 35.)

ø§ 3735. Transferred and redesignated as § 2041. P.L. 107–95,

§ 5(c).¿

§ 3736. Reporting requirements

The annual report required by section 529 of this title shall include a discussion of the activities under this chapter. Beginning

with the report submitted at the close of fiscal year 1996, and

every second year thereafter, this discussion shall include information regarding the following:
509 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3742

(1) Loans made to veterans whose only qualifying service

was in the Selected Reserve.

(2) Interest rates and discount points which were negotiated

between the lender and the veteran pursuant to section

3703(c)(4)(A)(i) of this title.

(3) The determination of reasonable value by lenders pursuant to section 3731(f) of this title.

(4) Loans that include funds for energy efficiency improvements pursuant to section 3710(a)(10) of this title.

(5) Direct loans to Native American veterans made pursuant

to subchapter V of this chapter.

(Added P.L. 104–110, § 201(a)(1), Feb. 13, 1996, 110 Stat. 770.)

SUBCHAPTER IV—SMALL BUSINESS LOANS

§ 3741. Definitions

For the purposes of this subchapter—

(1) The term ‘‘disabled veteran’’ means (A) a veteran who is

entitled to compensation under laws administered by the Secretary for a disability rated at 30 percent or more, or (B) a veteran whose discharge or release from active duty was for a disability incurred or aggravated in line of duty.

(2) The term ‘‘veteran of the Vietnam era’’ means a person

(A) who served on active duty for a period of more than 180

days, any part of which occurred during the Vietnam era, and

who was discharged or released therefrom with other than a

dishonorable discharge, or (B) who was discharged or released

from active duty for a service-connected disability if any part

of such active duty was performed during the Vietnam era.

(Added P.L. 97–72, § 302(a), Nov. 3, 1981, 95 Stat. 1055, § 1841; amended P.L. 99–

576, § 702(9), Oct. 28, 1986, 100 Stat. 3302; renumbered § 3741 and amended P.L.

102–83, §§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)

§ 3742. Small business loan program

(a)(1) Subject to subsection (b) of this section, the Secretary may

provide financial assistance to veterans’ small business concerns

for the purpose of (A) financing plant construction, conversion, or

expansion (including the acquisition of land), (B) financing the acquisition of equipment, facilities, machinery, supplies, or materials,

or (C) supplying such concerns with working capital.

(2) Subject to paragraph (3)(A) of this subsection, financial assistance under this section may be provided in the form of (A) loan

guaranties, or (B) direct loans.

(3) The Secretary shall specify in regulations the criteria to be

met for a business concern to qualify as a veterans’ small business

concern for the purposes of this subchapter. Such regulations shall

include requirements—

(A) that at least 51 percent of a business concern must be

owned by individuals who are veterans of the Vietnam era or

disabled veterans in order for such concern to qualify for a loan

guaranty and that at least 51 percent of a business concern

must be owned by disabled veterans in order for such concern

to qualify for a direct loan; and
§ 3742 CH. 37—HOUSING AND SMALL BUSINESS LOANS 510

(B) that the management and daily business operations of

the concern must be directed by one or more of the veterans

whose ownership interest is part of the majority ownership for

the purposes of meeting the requirement in clause (A) of this

paragraph.

(b) The availability of financial assistance under subsection (a) of

this section is subject to the following limitations:

(1) The Secretary may not make a direct loan under this section unless the veterans’ small business concern applying for

the loan shows to the satisfaction of the Secretary that the concern is unable to obtain a loan guaranteed by the Department

under this section or made or guaranteed by the Small Business Administration.

(2) The Secretary may not guarantee a loan under this section if the loan bears a rate of interest in excess of the maximum rate of interest prescribed under section 3745 of this

title.

(3) The Secretary may not make or guarantee a loan under

this section for an amount in excess of $200,000.

(4) The original liability of the Secretary on any loan guaranteed under this section may not exceed 90 percent of the

amount of the loan, and such liability shall decrease or increase pro rata with any decrease or increase of the amount of

the unpaid portion of the loan, but such liability may not exceed the amount of the original guaranty.

(c) Each loan made or guaranteed under this subchapter shall be

of such sound value, taking into account the creditworthiness of the

veterans’ small business concern (and the individual owners) applying for such loan, or so secured as reasonably to assure payment.

(d)(1) Except as provided in paragraph (2) of this subsection, the

Secretary may not make or guarantee a loan under this subchapter

to a veterans’ small business concern in which an ownership interest is held by a veteran who also has an ownership interest in another small business concern if such ownership interest was considered in qualifying that other concern for an outstanding loan made

or guaranteed under this subchapter or the Small Business Act (15

U.S.C. 631 et seq.).

(2) Paragraph (1) of this subsection shall not apply if 51 percent

or more of the business concern seeking a direct or guaranteed loan

under this subchapter is owned by veterans of the Vietnam era or

disabled veterans without including the ownership interest of the

veteran whose ownership interest in another small business concern was previously considered in qualifying that other concern for

an outstanding guaranteed or direct business loan under this subchapter or the Small Business Act (15 U.S.C. 631 et seq.).

(e)(1) In order to protect the interest of the United States, upon

application by a veterans’ small business concern which is the recipient of a loan guaranteed under this subchapter, the Secretary

(subject to the provisions of this subsection) may undertake the

veterans’ small business concern’s obligation to make payments

under such loan or, if the loan was a direct loan made by the Secretary, may suspend such obligation. While such payments are

being made by the Secretary pursuant to the undertaking of such
511 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3743

obligation or while such obligation is suspended, no such payment

with respect to the loan may be required from the concern.

(2) The Secretary may undertake or suspend a veterans’ small

business concern’s obligation under this subsection only if—

(A) such undertaking or suspension of the obligation is, in

the judgment of the Secretary, necessary to protect the interest

of the United States;

(B) with the undertaking or suspension of the obligation, the

small business concern would, in the judgment of the Secretary, become or remain a viable small business entity; and

(C) the small business concern executes an agreement in

writing satisfactory to the Secretary as provided by paragraph

(4) of this subsection.

(3) The period of time for which the Secretary undertakes or suspends the obligation on a loan under this subsection may not exceed five years. The Secretary may extend the maturity of any loan

on which the Secretary undertakes or suspends the obligation

under this subsection for a corresponding period of time.

(4)(A) Before the Secretary may undertake or suspend a veterans’

small business concern’s obligation under this subsection, the Secretary shall require the small business concern to execute an agreement to repay the aggregate amount of the payments which were

required under the loan during the period for which the obligation

was undertaken or suspended—

(i) by periodic payments not less in amount or less frequently

falling due than those which were due under the loan during

such period,

(ii) pursuant to a repayment schedule agreed upon by the

Secretary and the small business concern, or

(iii) by a combination of the method of payments described

in clauses (i) and (ii) of this subparagraph.

(B) In addition to requiring the small business concern to execute

the agreement described in subparagraph (A) of this paragraph,

the Secretary shall, before the undertaking or suspension of the obligation, take such action and require the small business concern

to take such action as the Secretary considers appropriate in the

circumstances, including the provision of such security as the Secretary considers necessary or appropriate, to assure that the rights

and interest of the United States and any lender will be safeguarded adequately during and after the period in which such obligation is so undertaken or suspended.

(Added P.L. 97–72, § 302(a), Nov. 3, 1981, 95 Stat. 1055, § 1842; amended P.L. 99–

576, § 702(10), Oct. 28, 1986, 100 Stat. 3302; P.L. 101–237, § 313(b)(1), Dec. 18,

1989, 103 Stat. 2077; renumbered § 3742 and amended P.L. 102–83, §§ 4(a)(3), (4),

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404, 406.)

§ 3743. Liability on loans

Each individual who has an ownership interest in a veterans’

small business concern that is provided a direct loan under this

subchapter, or that obtains a loan guaranteed under this subchapter, shall execute a note or other document evidencing the direct or guaranteed business loan, and such individuals shall be

jointly and severally liable to the United States for the amount of
§ 3743 CH. 37—HOUSING AND SMALL BUSINESS LOANS 512

such direct loan or, in the case of a guaranteed loan, for any

amount paid by the Secretary on account of such loan.

(Added P.L. 97–72, § 302(a), Nov. 3, 1981, 95 Stat. 1057, § 1843; amended P.L. 101–

237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3743, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3744. Approval of loans by the Secretary

(a) Except as provided in subsection (b) of this section, a loan

may not be guaranteed under this subchapter unless, before the

closing of the loan, it is submitted to the Secretary for approval

and the Secretary grants approval.

(b) The Secretary may exempt any lender of a class of lenders

listed in section 3702(d) of this title from the prior approval requirement in subsection (a) of this section if the Secretary determines that the experience of such lender or class of lenders warrants such exemption.

(c) The Secretary may at any time upon thirty days’ notice require loans to be made by any lender or class of lenders under this

subchapter to be submitted to the Secretary for prior approval. No

guaranty shall exist with respect to any such loan unless evidence

of the guaranty is issued by the Secretary.

(Added P.L. 97–72, § 302(a), Nov. 3, 1981, 95 Stat. 1057, § 1844; amended P.L. 101–

237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3744 and amended P.L.

102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 3745. Interest on loans

(a) Loans guaranteed under this subchapter shall bear interest

not in excess of such rate as the Secretary may from time to time

find the loan market demands. In establishing the rate of interest

that shall be applicable to such loans, the Secretary shall consult

with the Administrator of the Small Business Administration.

(b) The rate of interest on any direct loan made by the Secretary

under this subchapter may not exceed the maximum rate in effect

under subsection (a) of this section at the time the direct loan is

made.

(Added P.L. 97–72, § 302(a), Nov. 3, 1981, 95 Stat. 1058, § 1845; amended P.L. 101–

237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3745 and amended P.L.

102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; P.L. 103–446,

§ 1201(a)(3), Nov. 2, 1994, 108 Stat. 4682.)

§ 3746. Maturity of loans

The maturity of a loan made or guaranteed under this subchapter that is used in whole or in part for the construction, conversion, or expansion of facilities or for acquisition of real property

may not exceed twenty years plus such additional reasonable time

as the Secretary may determine, at the time the loan is made, is

required to complete the construction, acquisition, or expansion of

such facilities. The maturity of any other loan made or guaranteed

under this subchapter may not exceed ten years.

(Added P.L. 97–72, § 302(a), Nov. 3, 1981, 95 Stat. 1058, § 1846; amended P.L. 101–

237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3746, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)
513 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3749

§ 3747. Eligible financial institutions

The Secretary may not guarantee under this subchapter a loan

made by an entity not subject to examination and supervision by

an agency of the United States or of a State.

(Added P.L. 97–72, § 302(a), Nov. 3, 1981, 95 Stat. 1058, § 1847; amended P.L. 101–

237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3747, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3748. Preference for disabled veterans

In the extension of financial assistance under this subchapter,

the Secretary shall give preference, first, to veterans’ small business concerns in which disabled veterans who have successfully

completed a vocational rehabilitation program for self-employment

in a small business enterprise under chapter 31 of this title have

a significant ownership interest, and, second, to veterans’ small

business concerns in which other disabled veterans have a significant ownership interest.

(Added P.L. 97–72, § 302(a), Nov. 3, 1981, 95 Stat. 1058, § 1848; amended P.L. 101–

237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3748, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3749. Revolving fund

(a) There is established in the Treasury a revolving fund to be

known as the ‘‘Department of Veterans Affairs Small Business

Loan Revolving Fund’’ (hereinafter in this section referred to as the ‘‘fund’’).

(b) Amounts in the fund shall be available to the Secretary without fiscal year limitation for all loan guaranty and direct loan operations under this subchapter other than administrative expenses

and may not be used for any other purpose.

(c)(1) There is authorized to be appropriated to the fund a total of $25,000,000.

(2) There shall be deposited into the fund all amounts received

by the Secretary derived from loan operations under this subchapter, including all collection of principal and interest and the

proceeds from the use of property held or of property sold.

(d) The Secretary shall determine annually whether there has

developed in the fund a surplus which, in the Secretary’s judgment,

is more than necessary to meet the needs of the fund. Any such

surplus shall immediately be transferred into the general fund of

the Treasury.

(e) Not later than two years after the termination of the authority of the Secretary to make new commitments for financial assistance under this subchapter, the Secretary shall transfer into the

general fund of the Treasury all amounts in the fund except those

that the Secretary determines may be required for the liquidation

of obligations under this subchapter. All amounts received thereafter derived from loan operations under this subchapter, except so

much thereof as the Secretary may determine to be necessary for

liquidating outstanding obligations under this subchapter, shall

also be so deposited.

(Added P.L. 97–72, § 302(a), Nov. 3, 1981, 95 Stat. 1058, § 1849; amended P.L. 99–

576, § 702(11), Oct. 28, 1986, 100 Stat. 3302; P.L. 101–237, § 313(b)(1), Dec. 18,
§ 3749 CH. 37—HOUSING AND SMALL BUSINESS LOANS 514

1989, 103 Stat. 2077; renumbered § 3749 and amended P.L. 102–83, §§ 4(a)(2)(B)(v),

5(a), Aug. 6, 1991, 105 Stat. 403, 406.)

§ 3750. Incorporation of other provisions by the Secretary

The Secretary may provide that the provisions of sections of

other subchapters of this chapter that are not otherwise applicable

to loans made or guaranteed under this subchapter shall be applicable to loans made or guaranteed under this subchapter. The Secretary shall exercise authority under the preceding sentence by

regulations prescribed after publication in the Federal Register and

a period of not less than thirty days for public comment.

(Added P.L. 97–72, § 302(a), Nov. 3, 1981, 95 Stat. 1059, § 1850; amended P.L. 101– 237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3750, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3751. Termination of program

The Secretary may not make commitments for financial assistance under this subchapter after September 30, 1986.

(Added P.L. 97–72, § 302(a), Nov. 3, 1981, 95 Stat. 1059, § 1851; amended P.L. 101– 237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3751, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406.)

SUBCHAPTER V—NATIVE AMERICAN VETERAN HOUSING

LOAN PILOT PROGRAM

§ 3761. Pilot program

(a) The Secretary shall establish and implement a pilot program

under which the Secretary may make direct housing loans to Native American veterans. The purpose of such loans is to permit

such veterans to purchase, construct, or improve dwellings on trust

land. The Secretary shall establish and implement the pilot program in accordance with the provisions of this subchapter.

(b) In carrying out the pilot program under this subchapter, the

Secretary shall, to the extent practicable, make direct housing

loans to Native American veterans who are located in a variety of

geographic areas and in areas experiencing a variety of economic

circumstances.

(c) No loans may be made under this subchapter after December

31, 2005.

(Added P.L. 102–547, § 8(a), Oct. 28, 1992, 106 Stat. 3636; amended P.L. 105–114,

§ 201(a), Nov. 21, 1997, 111 Stat. 2282; P.L. 107–103, § 402(a), Dec. 27, 2001, 115

Stat. 993.)

§ 3762. Direct housing loans to Native American veterans

(a) The Secretary may make a direct housing loan to a Native

American veteran if—

(1)(A) the Secretary has entered into a memorandum of understanding with respect to such loans with the tribal organization that has jurisdiction over the veteran; or

(B) the tribal organization that has jurisdiction over the veteran has entered into a memorandum of understanding with

any department or agency of the United States with respect to

direct housing loans to Native Americans that the Secretary

determines substantially complies with the requirements of

subsection (b); and
515 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3762

(2) the memorandum is in effect when the loan is made.

(b)(1) Subject to paragraph (2), the Secretary shall ensure that

each memorandum of understanding that the Secretary enters into

with a tribal organization shall provide for the following:

(A) That each Native American veteran who is under the jurisdiction of the tribal organization and to whom the Secretary

makes a direct loan under this subchapter— (i) holds, possesses, or purchases using the proceeds of

the loan a meaningful interest in a lot or dwelling (or both)

that is located on trust land; and

(ii) will purchase, construct, or improve (as the case may

be) a dwelling on the lot using the proceeds of the loan.

(B) That each such Native American veteran will convey to

the Secretary by an appropriate instrument the interest referred to in subparagraph (A) as security for a direct housing

loan under this subchapter.

(C) That the tribal organization and each such Native American veteran will permit the Secretary to enter upon the trust

land of that organization or veteran for the purposes of carrying out such actions as the Secretary determines are

necessary—

(i) to evaluate the advisability of the loan; and

(ii) to monitor any purchase, construction, or improvements carried out using the proceeds of the loan.

(D) That the tribal organization has established standards

and procedures that apply to the foreclosure of the interest

conveyed by a Native American veteran pursuant to subparagraph (B), including—

(i) procedures for foreclosing the interest; and

(ii) procedures for the resale of the lot or the dwelling (or

both) purchased, constructed, or improved using the proceeds of the loan.

(E) That the tribal organization agrees to such other terms

and conditions with respect to the making of direct loans to

Native American veterans under the jurisdiction of the tribal

organization as the Secretary may require in order to ensure

that the pilot program established under this subchapter is implemented in a responsible and prudent manner.

(2) The Secretary may not enter into a memorandum of understanding with a tribal organization under this subsection unless

the Secretary determines that the memorandum provides for such

standards and procedures as are necessary for the reasonable protection of the financial interests of the United States.

(c)(1)(A) Except as provided in subparagraph (B), the principal

amount of any direct housing loan made to a Native American

under this section may not exceed $80,000.

(B) The Secretary may make loans exceeding the amount specified in subparagraph (A) in a geographic area if the Secretary determines that housing costs in the area are significantly higher

than average housing costs nationwide. The amount of such increase shall be the amount that the Secretary determines is necessary in order to carry out the pilot program under this subchapter in a manner that demonstrates the advisability of making

direct housing loans to Native American veterans who are located
§ 3762 CH. 37—HOUSING AND SMALL BUSINESS LOANS 516

in a variety of geographic areas and in geographic areas experiencing a variety of economic conditions.

(2) Loans made under this section shall bear interest at a rate

determined by the Secretary, which rate may not exceed the appropriate rate authorized for guaranteed loans under section

3703(c)(1) or section 3712(f) of this title, and shall be subject to

such requirements or limitations prescribed for loans guaranteed

under this title as the Secretary may prescribe.

(3) Notwithstanding section 3704(a) of this title, the Secretary

shall establish minimum requirements for planning, construction,

improvement, and general acceptability relating to any direct loan

made under this section.

(d)(1) The Secretary shall establish credit underwriting standards to be used in evaluating loans made under this subchapter.

In establishing such standards, the Secretary shall take into account the purpose of this program to make available housing to Native American veterans living on trust lands.

(2) The Secretary shall determine the reasonable value of the interest in property that will serve as security for a loan made under

this section and shall establish procedures for appraisals upon

which the Secretary may base such determinations. The procedures

shall incorporate generally the relevant requirements of section

3731 of this title, unless the Secretary determines that such requirements are impracticable to implement in a geographic area,

on particular trust lands, or under circumstances specified by the

Secretary.

(e) Loans made under this section shall be repaid in monthly installments.

(f) In connection with any loan under this section, the Secretary

may make advances in cash to provide for repairs, alterations, and

improvements and to meet incidental expenses of the loan transaction. The Secretary shall determine the amount of any expenses

incident to the origination of loans made under this section, which

expenses, or a reasonable flat allowance in lieu thereof, shall be

paid by the veteran in addition to the loan closing costs.

(g) Without regard to any provision of this chapter (other than

a provision of this section), the Secretary may—

(1) take any action that the Secretary determines to be necessary with respect to the custody, management, protection,

and realization or sale of investments under this section;

(2) determine any necessary expenses and expenditures and

the manner in which such expenses and expenditures shall be

incurred, allowed, and paid;

(3) make such rules, regulations, and orders as the Secretary

considers necessary for carrying out the Secretary’s functions

under this section; and

(4) in a manner consistent with the provisions of this chapter

and with the Secretary’s functions under this subchapter, employ, utilize, and compensate any persons, organizations, or departments or agencies (including departments and agencies of

the United States) designated by the Secretary to carry out

such functions.
517 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3762

(h)(1) The Secretary may make direct loans to Native American

veterans in order to enable such veterans to refinance existing

loans made under this section.

(2)(A) The Secretary may not make a loan under this subsection

unless the loan meets the requirements set forth in subparagraphs

(B), (C), and (E) of paragraph (1) of section 3710(e) of this title.

(B) The Secretary may not make a loan under this subsection unless the loan will bear an interest rate at least one percentage

point less than the interest rate borne by the loan being refinanced.

(C) Paragraphs (2) and (3) of such section 3710(e) shall apply to

any loan made under this subsection, except that for the purposes

of this subsection the reference to subsection (a)(8) of section 3710

of this title in such paragraphs (2) and (3) shall be deemed to be

a reference to this subsection.

(i)(1) The Secretary shall, in consultation with tribal organizations (including the National Congress of American Indians and the

National American Indian Housing Council), carry out an outreach

program to inform and educate Native American veterans of the

pilot program provided for under this subchapter and the availability of direct housing loans for Native American veterans who

live on trust lands.

(2) Activities under the outreach program shall include the following:

(A) Attending conferences and conventions conducted by the

National Congress of American Indians in order to work with

the National Congress in providing information and training to

tribal organizations and Native American veterans regarding

the availability of housing benefits under the pilot program

and in assisting such organizations and veterans in participating in the pilot program.

(B) Attending conferences and conventions conducted by the

National American Indian Housing Council in order to work

with the Housing Council in providing information and training to tribal organizations and tribal housing entities regarding the availability of such benefits.

(C) Attending conferences and conventions conducted by the

Department of Hawaiian Homelands in order to work with the

Department of Hawaiian Homelands in providing information

and training to tribal housing entities in Hawaii regarding the

availability of such benefits.

(D) Producing and disseminating information to tribal governments, tribal veterans service organizations, and tribal organizations regarding the availability of such benefits.

(E) Assisting tribal organizations and Native American veterans in participating in the pilot program.

(F) Outstationing loan guarantee specialists in tribal facilities on a part-time basis if requested by the tribal government.

(j) Not later than February 1 of each year through 2006, the Secretary shall transmit to the Committees on Veterans’ Affairs of the

Senate and House of Representatives a report relating to the implementation of the pilot program under this subchapter during the

fiscal year preceding the date of the report. Each such report shall

include the following:
§ 3762 CH. 37—HOUSING AND SMALL BUSINESS LOANS 518

(1) The Secretary’s exercise during such fiscal year of the authority provided under subsection (c)(1)(B) to make loans exceeding the maximum loan amount.

(2) The appraisals performed for the Secretary during such

fiscal year under the authority of subsection (d)(2), including a

description of— (A) the manner in which such appraisals were performed;

(B) the qualifications of the appraisers who performed

such appraisals; and

(C) the actions taken by the Secretary with respect to

such appraisals to protect the interests of veterans and the

United States.

(3) The outreach activities undertaken under subsection (i)

during such fiscal year, including— (A) a description of such activities on a region-by-region

basis; and

(B) an assessment of the effectiveness of such activities

in encouraging the participation of Native American veterans in the pilot program.

(4) The pool of Native American veterans who are eligible for

participation in the pilot program, including—

(A) a description and analysis of the pool, including income demographics;

(B) a description and assessment of the impediments, if

any, to full participation in the pilot program of the Native

American veterans in the pool; and

(C) the impact of low-cost housing programs operated by

the Department of Housing and Urban Development and

other Federal or State agencies on the demand for direct

loans under this section.

(5) The Secretary’s recommendations, if any, for additional

legislation regarding the pilot program.

(Added P.L. 102–547, § 8(a), Oct. 28, 1992, 106 Stat. 3637; amended P.L. 104–275,

§ 202(a), Oct. 9, 1996, 110 Stat. 3330; P.L. 105–114, § 201(b), (c), Nov. 21, 1997, 111

Stat. 2282; P.L. 107–103, § 402(b), (c), Dec. 27, 2001, 115 Stat. 993.)

§ 3763. Native American Veteran Housing Loan Program Account

(a) There is hereby established in the Treasury of the United

States an account known as the ‘‘Native American Veteran Housing Loan Program Account’’ (hereinafter in this subchapter referred

to as the ‘‘Account’’).

(b) The Account shall be available to the Secretary to carry out

all operations relating to the making of direct housing loans to Native American veterans under this subchapter, including any administrative expenses relating to the making of such loans.

Amounts in the Account shall be available without fiscal year limitation.

(Added P.L. 102–547, § 8(a), Oct. 28, 1992, 106 Stat. 3639; amended P.L. 107–14,

§ 8(a)(16), June 5, 2001, 115 Stat. 35.)

§ 3764. Definitions

For the purposes of this subchapter—
519 CH. 37—HOUSING AND SMALL BUSINESS LOANS § 3772

(1) The term ‘‘trust land’’ means any land that—

(A) is held in trust by the United States for Native

Americans;

(B) is subject to restrictions on alienation imposed by the

United States on Indian lands (including native Hawaiian

homelands);

(C) is owned by a Regional Corporation or a Village Corporation, as such terms are defined in section 3(g) and 3(j)

of the Alaska Native Claims Settlement Act, respectively

(43 U.S.C. 1602(g), (j)); or

(D) is on any island in the Pacific Ocean if such land is,

by cultural tradition, communally-owned land, as determined by the Secretary.

(2) The term ‘‘Native American veteran’’ means any veteran

who is a Native American.

(3) The term ‘‘Native American’’ means—

(A) an Indian, as defined in section 4(d) of the Indian

Self-Determination and Education Assistance Act (25

U.S.C. 450b(d));

(B) a native Hawaiian, as that term is defined in section

201(a)(7) of the Hawaiian Homes Commission Act, 1920

(Public Law 67–34; 42 Stat. 108);

(C) an Alaska Native, within the meaning provided for

the term ‘‘Native’’ in section 3(b) of the Alaska Native

Claims Settlement Act (43 U.S.C. 1602(b)); and

(D) a Pacific Islander, within the meaning of the Native

American Programs Act of 1974 (42 U.S.C. 2991 et seq.).

(4) The term ‘‘tribal organization’’ shall have the meaning

given such term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)) and shall

include the Department of Hawaiian Homelands, in the case of

native Hawaiians, and such other organizations as the Secretary may prescribe.

SUBCHAPTER VI—[REPEALED.]

[§ 3771. Repealed. P.L. 107–95, § 5(d)(3).]

[§ § 3772–3775. Transfered and redesignated as §§ 2051–2054.

P.L. 107–95, § 5(d)(1).]
(520)

CHAPTER 39—AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES

Sec.

3901. Definitions.

3902. Assistance for providing automobile and adaptive equipment.

3903. Limitations on assistance; special training courses.

3904. Research and development.

§ 3901. Definitions

For purposes of this chapter— (1) The term ‘‘eligible person’’ means—

(A) any veteran entitled to compensation under chapter 11 of

this title for any of the disabilities described in subclause (i),

(ii), or (iii) below, if the disability is the result of an injury incurred or disease contracted in or aggravated by active military, naval, or air service:

(i) The loss or permanent loss of use of one or both feet;

(ii) The loss or permanent loss of use of one or both

hands;

(iii) The permanent impairment of vision of both eyes of

the following status: central visual acuity of 20/200 or less

in the better eye, with corrective glasses, or central visual

acuity of more than 20/200 if there is a field defect in

which the peripheral field has contracted to such an extent

that the widest diameter of visual field subtends an angular distance no greater than twenty degrees in the better

eye; or

(B) any member of the Armed Forces serving on active duty

who is suffering from any disability described in subclause (i),

(ii), or (iii) of clause (A) of this paragraph if such disability is

the result of an injury incurred or disease contracted in or aggravated by active military, naval, or air service.

(2) The term ‘‘adaptive equipment’’ includes, but is not limited to,

power steering, power brakes, power window lifts, power seats, and

special equipment necessary to assist the eligible person into and

out of the automobile or other conveyance. Such term also includes

(A) air-conditioning equipment when such equipment is necessary

to the health and safety of the veteran and to the safety of others,

regardless of whether the automobile or other conveyance is to be

operated by the eligible person or is to be operated for such person

by another person; and (B) any modification of the size of the interior space of the automobile or other conveyance if needed because

of the physical condition of such person in order for such person to

enter or operate the vehicle.

(Added P.L. 91–666, § 2(a), Jan. 11, 1971, 84 Stat. 1998, § 1901; amended P.L. 93–

538, § 2, Dec. 22, 1974, 88 Stat. 1736; P.L. 94–433, § 303, Sept. 30, 1976, 90 Stat.
521 CH. 39—AUTOMOBILES AND ADAPTIVE EQUIPMENT § 3902

1377; P.L. 95–116, § 1(a), Oct. 3, 1977, 91 Stat. 1062; renumbered § 3901, P.L. 102–

83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 3902. Assistance for providing automobile and adaptive

equipment

(a) The Secretary, under regulations which the Secretary shall

prescribe, shall provide or assist in providing an automobile or

other conveyance to each eligible person by paying the total purchase price of the automobile or other conveyance (including all

State, local, and other taxes) or $9,000, whichever is the lesser, to

the seller from whom the eligible person is purchasing under a

sales agreement between the seller and the eligible person.

(b)(1) The Secretary, under regulations which the Secretary shall

prescribe, shall provide each eligible person the adaptive equipment deemed necessary to insure that the eligible person will be

able to operate the automobile or other conveyance in a manner

consistent with such person’s own safety and the safety of others

and so as to satisfy the applicable standards of licensure established by the State of such person’s residency or other proper licensing authority.

(2) In the case of any veteran (other than a person eligible for

assistance under paragraph (1) of this subsection) who is entitled

to compensation for ankylosis of one or both knees, or one or both

hips, the Secretary, under the terms and conditions set forth in

subsections (a), (c), and (d) of section 3903 of this title and under

regulations which the Secretary shall prescribe, shall provide such

adaptive equipment to overcome the disability resulting from such

ankylosis as (A) is necessary to meet the applicable standards of

licensure established by the State of such veteran’s residency or

other proper licensing authority for the operation of such veteran’s

automobile or other conveyance by such veteran, and (B) is determined to be necessary by the Under Secretary for Health for the

safe operation of such automobile or other conveyance by such veteran.

(c) In accordance with regulations which the Secretary shall prescribe, the Secretary shall (1) repair, replace, or reinstall adaptive

equipment deemed necessary for the operation of an automobile or

other conveyance acquired in accordance with the provisions of this

chapter, and (2) provide, repair, replace, or reinstall such adaptive

equipment for any automobile or other conveyance which an eligible person may previously or subsequently have acquired.

(d) If an eligible person cannot qualify to operate an automobile

or other conveyance, the Secretary shall provide or assist in providing an automobile or other conveyance to such person, as provided in subsection (a) of this section, if the automobile or other

conveyance is to be operated for the eligible person by another person.

(Added P.L. 91–666, § 2(a), Jan. 11, 1971, 84 Stat. 1999, § 1902; amended P.L. 93–

538, § 3, Dec. 22, 1974, 88 Stat. 1736; P.L. 95–479, § 304, Oct. 18, 1978, 92 Stat.

1565; P.L. 97–66, §§ 301–303, Oct. 17, 1981, 95 Stat. 1030; P.L. 98–543, § 305(a),

Oct. 24, 1984, 98 Stat. 2748; P.L. 100–322, § 302, May 20, 1988, 102 Stat. 534; renumbered § 3902 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 404–406; P.L. 102–405, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L.

105–178, § 8205, June 9, 1998, 112 Stat. 494; P.L. 107–103, § 503, Dec. 27, 2001,

115 Stat. 995.)
§ 3903 CH. 39—AUTOMOBILES AND ADAPTIVE EQUIPMENT 522

§ 3903. Limitations on assistance; special training courses

(a) No eligible person shall be entitled to receive more than one

automobile or other conveyance under the provisions of this chapter, and no payment shall be made under this chapter for the repair, maintenance, or replacement of an automobile or other conveyance.

(b) Except as provided in subsection (d) of section 3902 of this

title, no eligible person shall be provided an automobile or other

conveyance under this chapter until it is established to the satisfaction of the Secretary, in accordance with regulations the Secretary

shall prescribe, that the eligible person will be able to operate the

automobile or other conveyance in a manner consistent with such

person’s own safety and the safety of others and will satisfy the applicable standards of licensure to operate the automobile or other

conveyance established by the State of such person’s residency or

other proper licensing authority.

(c)(1) An eligible person shall not be entitled to adaptive equipment under this chapter for more than two automobiles or other

conveyances at any one time or (except as provided in paragraph

(2) of this subsection) during any four-year period.

(2) In a case in which the four-year limitation in paragraph (1)

of this subsection precludes an eligible person from being entitled

to adaptive equipment under this chapter, if the Secretary determines that, due to circumstances beyond the control of such person,

one of the automobiles or other conveyances for which adaptive

equipment was provided to such person during the applicable fouryear period is no longer available for the use of such person, the

Secretary may provide adaptive equipment to such person for an

additional automobile or other conveyance during such period. Provision of adaptive equipment under this paragraph is within the

discretion of the Secretary. Any action to provide adaptive equipment under this paragraph shall be made pursuant to regulations

which the Secretary shall prescribe.

(d) Adaptive equipment shall not be provided under this chapter

unless it conforms to minimum standards of safety and quality prescribed by the Secretary.

(e)(1) The Secretary shall provide, directly or by contract, for the

conduct of special driver training courses at every hospital and,

where appropriate, at regional offices and other medical facilities,

of the Department to instruct such eligible person to operate the

type of automobile or other conveyance such person wishes to obtain with assistance under this chapter, and may make such

courses available to any veteran, eligible for care under chapter 17

of this title or member of the Armed Forces, who is determined by

the Secretary to need the special training provided in such courses

even though such veteran or member is not eligible for the assistance provided under this chapter.

(2) The Secretary is authorized to obtain insurance on automobiles and other conveyances used in conducting the special driver training courses provided under this subsection and to obtain,

at Government expense, personal liability and property damage insurance for all persons taking such courses without regard to
523 CH. 39—AUTOMOBILES AND ADAPTIVE EQUIPMENT § 3904

whether such persons are taking the course on an in-patient or outpatient basis.

(3) Notwithstanding any other provision of law, the Secretary

may obtain, by purchase, lease, gift, or otherwise, any automobile,

motor vehicle, or other conveyance deemed necessary to carry out

the purposes of this subsection, and may sell, assign, transfer, or

convey any such automobile, vehicle, or conveyance to which the

Department obtains title for such price and upon such terms as the

Secretary deems appropriate; and any proceeds received from any

such disposition shall be credited to the applicable Department appropriation.

(Added P.L. 91–666, § 2(a), Jan. 11, 1971, 84 Stat. 2000, § 1903; amended P.L. 93–

538, § 4(a), (b), Dec. 22, 1974, 88 Stat. 1736, 1737; P.L. 94–581, § 108, Oct. 21, 1976,

90 Stat. 2847; P.L. 97–66, § 303, Oct. 17, 1981, 95 Stat. 1030; P.L. 98–543, § 305(b),

Oct. 24, 1984, 98 Stat. 2748; renumbered § 3903 and amended P.L. 102–83,

§§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 106–

117, § 804, Nov. 30, 1999, 113 Stat. 1586.)

§ 3904. Research and development

(a) In carrying out medical and prosthetic research under section

7303 of this title, the Secretary, through the Under Secretary for

Health, shall provide for special emphasis on the research and development of adaptive equipment and adapted conveyances (including vans) meeting standards of safety and quality prescribed under

subsection (d) of section 3903, including support for the production

and distribution of devices and conveyances so developed.

(b) In carrying out subsection (a) of this section, the Secretary,

through the Under Secretary for Health, shall consult and cooperate with the Secretary of Health and Human Services and the Secretary of Education, in connection with programs carried out under

section 204(b)(3) of the Rehabilitation Act of 1973 (relating to the

establishment and support of Rehabilitation Engineering Research

Centers).

(Added P.L. 93–538, § 5(a), Dec. 22, 1974, 88 Stat. 1737, § 1904; amended P.L. 94–

581, § 205(b)(2), (3), Oct. 21, 1976, 90 Stat. 2859; P.L. 95–602, § 122(f), Nov. 6, 1978,

92 Stat. 2987; P.L. 97–295, § 4(69), Oct. 12, 1982, 96 Stat. 1310; P.L. 102–40,

§ 403(b)(1), May 7, 1991, 105 Stat. 239; renumbered § 3904 and amended P.L. 102–

83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 105–220, § 414(c), Aug. 7, 1998, 112

Stat. 1242.)
(524)

CHAPTER 41—JOB COUNSELING, TRAINING, AND

PLACEMENT SERVICE FOR VETERANS

Sec.

4100. Findings.

4101. Definitions.

4102. Purpose.

4102A. Assistant Secretary of Labor for Veterans’ Employment and Training; Regional Administrators.

4103. Directors and Assistant Directors for Veterans’ Employment and Training.

4103A. Disabled veterans’ outreach program.

4104. Local veterans’ employment representatives.

4104A. Performance of disabled veterans’ outreach program specialists and local

veterans’ employment representatives.

4105. Cooperation of Federal agencies.

4106. Estimate of funds for administration; authorization of appropriations.

4107. Administrative controls; annual report.

4108. Cooperation and coordination.

4109. National Veterans’ Employment and Training Services Institute.

4110. Advisory Committee on Veterans’ Employment and Training.

4110A. Special unemployment study.

4110B. Coordination and nonduplication.

4111. [Repealed.]

§ 4100. Findings

The Congress makes the following findings:

(1) As long as unemployment and underemployment continue

as serious problems among disabled veterans and Vietnam-era

veterans, alleviating unemployment and underemployment

among such veterans is a national responsibility.

(2) Because of the special nature of employment and training

needs of such veterans and the national responsibility to meet

those needs, policies and programs to increase opportunities for

such veterans to obtain employment, job training, counseling,

and job placement services and assistance in securing advancement in employment should be effectively and vigorously implemented by the Secretary of Labor and such implementation

should be accomplished through the Assistant Secretary of

Labor for Veterans’ Employment and Training.

(Added P.L. 97–306, § 301(a), Oct. 14, 1982, 96 Stat. 1436, § 2000; amended P.L.

100–323, § 15(b)(1), May 20, 1988, 102 Stat. 574; renumbered § 4100, P.L. 102–83,

§ 5(a), Aug. 6, 1991, 105 Stat. 406; amended P.L. 104–66, § 1101, Dec. 21, 1995, 109

Stat. 722.)

§ 4101. Definitions

For the purposes of this chapter—

(1) The term ‘‘special disabled veteran’’ has the same meaning provided in section 4211(1) of this title.

(2) The term ‘‘veteran of the Vietnam era’’ has the same

meaning provided in section 4211(2) of this title.
525 CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT § 4102

(3) The term ‘‘disabled veteran’’ has the same meaning provided in section 4211(3) of this title.

(4) The term ‘‘eligible veteran’’ has the same meaning provided in section 4211(4) of this title.

(5) The term ‘‘eligible person’’ means— (A) the spouse of any person who died of a service-connected disability,

(B) the spouse of any member of the Armed Forces serving on active duty who, at the time of application for assistance under this chapter, is listed, pursuant to section

556 of title 37 and regulations issued thereunder, by the

Secretary concerned in one or more of the following categories and has been so listed for a total of more than

ninety days: (i) missing in action, (ii) captured in line of

duty by a hostile force, or (iii) forcibly detained or interned

in line of duty by a foreign government or power, or

(C) the spouse of any person who has a total disability

permanent in nature resulting from a service-connected

disability or the spouse of a veteran who died while a disability so evaluated was in existence.

(6) The term ‘‘State’’ means each of the several States of the

United States, the District of Columbia, and the Commonwealth of Puerto Rico, and may include, to the extent determined necessary and feasible, Guam, American Samoa, the

Virgin Islands, the Commonwealth of the Northern Marianas

Islands, and the Trust Territory of the Pacific Islands.

(7) The term ‘‘local employment service office’’ means a service delivery point which has an intrinsic management structure

and at which employment services are offered in accordance

with the Wagner-Peyser Act.

(8) The term ‘‘Secretary’’ means the Secretary of Labor.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1221, § 2010; renumbered § 2001, P.L. 87–675,

§ 1(a), Sept. 19, 1962, 76 Stat. 558; amended P.L. 89–358, § 6(c)(1), Mar. 3, 1966,

80 Stat. 27; P.L. 92–540, § 502(a), Oct. 24, 1972, 86 Stat. 1094; P.L. 93–508, § 401(a),

Dec. 3, 1974, 88 Stat. 1592; P.L. 96–466, § 503, § 801(h), Oct. 17, 1980, 94 Stat.

2203, 2216; P.L. 100–323, §§ 3(b), 15(a)(1), May 20, 1988, 102 Stat. 562, 574; renumbered § 4101 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 4102. Purpose

The Congress declares as its intent and purpose that there shall

be an effective (1) job and job training counseling service 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

of the Vietnam era through existing programs, coordination and

merger of programs and implementation of new programs.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1217, § 2011; renumbered § 2002, P.L. 87–675,

§ 1(a), Sept. 19, 1962, 76 Stat. 558; amended P.L. 89–358, § 6(c), Mar. 3, 1966, 80

Stat. 27; P.L. 92–540, § 502(a), Oct. 24, 1972, 86 Stat. 1094; P.L. 93–508, § 401(b),
§ 4102 CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT 526

Dec. 3, 1974, 88 Stat. 1592; P.L. 94–502, § 601(a), Oct. 15, 1976, 90 Stat. 2404; P.L.

96–466, § 504(a)(2), Oct. 17, 1980, 94 Stat. 2203; P.L. 97–306, § 302, Oct. 14, 1982,

96 Stat. 1437; P.L. 98–160, § 702(15), Nov. 21, 1983, 97 Stat. 1010; P.L. 100–323,

§ 15(b)(1), (d), May 20, 1988, 102 Stat. 574; renumbered § 4102 and amended P.L.

102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 4102A. Assistant Secretary of Labor for Veterans’ Employment and Training; Regional Administrators

(a)(1) There is established within the Department of Labor an

Assistant Secretary of Labor for Veterans’ Employment and Training, appointed by the President by and with the advice and consent

of the Senate, who shall be the principal advisor to the Secretary

with respect to the formulation and implementation of all departmental policies and procedures to carry out (A) the purposes of this

chapter, chapter 42, and chapter 43 of this title, and (B) all other

Department of Labor employment, unemployment, and training

programs to the extent they affect veterans. The employees of the

Department of Labor administering chapter 43 of this title shall be

administratively and functionally responsible to the Assistant Secretary of Labor for Veterans’ Employment and Training.

(2) There shall be within the Department of Labor a Deputy Assistant Secretary of Labor for Veterans’ Employment and Training.

The Deputy Assistant Secretary shall perform such functions as

the Assistant Secretary of Labor for Veterans’ Employment and

Training prescribes. The Deputy Assistant Secretary shall be a veteran.

(b) The Secretary shall—

(1) except as expressly provided otherwise, carry out all provisions of this chapter and chapter 43 of this title through the

Assistant Secretary of Labor for Veterans’ Employment and

Training and administer through such Assistant Secretary all

programs under the jurisdiction of the Secretary for the provision of employment and training services designed to meet the

needs of disabled veterans, veterans of the Vietnam era, and

all other eligible veterans and eligible persons;

(2) in order to make maximum use of available resources in

meeting such needs, encourage all such programs and all

grantees under such programs to enter into cooperative arrangements with private industry and business concerns (including small business concerns), educational institutions,

trade associations, and labor unions;

(3) ensure that maximum effectiveness and efficiency are

achieved in providing services and assistance to eligible veterans under all such programs by coordinating and consulting

with the Secretary of Veterans Affairs with respect to (A) programs conducted under other provisions of this title, with particular emphasis on coordination of such programs with readjustment counseling activities carried out under section 1712A

of this title, apprenticeship or other on-the-job training programs carried out under section 3687 of this title, and rehabilitation and training activities carried out under chapter 31 of

this title, and (B) the Veterans’ Job Training Act (29 U.S.C.

1721 note);
527 CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT § 4102A

(4) ensure that job placement activities are carried out in coordination and cooperation with appropriate State public employment service officials;

(5) subject to subsection (c)(2) of this section, make available

for use in each State, directly or by grant or contract, such

funds as may be necessary (A) to support (i) disabled veterans’ outreach program specialists appointed under section

4103A(a)(1) of this title, and (ii) local veterans’ employment

representatives assigned under section 4104(b) of this title, and

(B) to support the reasonable expenses of such specialists and

representatives for training, travel, supplies, and fringe benefits, including travel expenses and per diem from attendance at

the National Veterans’ Employment and Training Services Institute established under section 4109 of this title;

(6) monitor and supervise on a continuing basis the distribution and use of funds provided for use in the States under

paragraph (5) of this subsection; and

(7) monitor the appointment of disabled veterans’ outreach

specialists and the assignment of local veterans’ employment

representatives in order to ensure compliance with the provisions of sections 4103A(a)(1) and 4104(a)(4), respectively, of

this title.

(c)(1) The distribution and use of funds under subsection (b)(5)

of this section in order to carry out sections 4103A(a) and 4104(a)

of this title shall be subject to the continuing supervision and monitoring of the Secretary and shall not be governed by the provisions

of any other law, or any regulations prescribed thereunder, that

are inconsistent with this section or section 4103A or 4104 of this

title.

(2) In determining the terms and conditions of a grant or contract under which funds are made available in a State in order to

carry out section 4103A or 4104 of this title, the Secretary shall

take into account (A) the results of the evaluations, carried out

pursuant to section 4103(c)(15) of this title, of the performance of

local employment offices in the State, and (B) the monitoring carried out under this section.

(3) Each grant or contract by which funds are made available in

a State shall contain a provision requiring the recipient of the

funds to comply with the provisions of this chapter.

(d) The Assistant Secretary of Labor for Veterans’ Employment

and Training shall promote and monitor participation of qualified

veterans and eligible persons in employment and training opportunities under title I of the Workforce Investment Act of 1998 and

other federally funded employment and training programs.

(e)(1) The Secretary shall assign to each region for which the Secretary operates a regional office a representative of the Veterans’ Employment and Training Service to serve as the Regional Administrator for Veterans’ Employment and Training in such region. A

person may not be assigned after October 9, 1996, as such a Regional Administrator unless the person is a veteran.

(2) Each such Regional Administrator shall be responsible for—

(A) ensuring the promotion, operation, and implementation

of all veterans’ employment and training programs and services within the region;
§ 4102A CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT 528

(B) monitoring compliance with section 4212 of this title with

respect to veterans’ employment under Federal contracts within the region;

(C) protecting and advancing veterans’ reemployment rights

within the region; and

(D) coordinating, monitoring, and providing technical assistance on veterans’ employment and training programs with respect to all entities receiving funds under grants from or contracts with the Department of Labor within the region.

(Added P.L. 94–502, § 601(b)(1), Oct. 15, 1976, 90 Stat. 2404, § 2002A; amended P.L.

96–466, § 504(a)(3), (4), Oct. 17, 1980, 94 Stat. 2203; P.L. 97–306, § 303, Oct. 14,

1982, 96 Stat. 1437; P.L. 98–160, § 702(15), Nov. 21, 1983, 97 Stat. 1010; P.L. 100–

323, §§ 2(a), (e)(3)(A), 15(a)(2), (b)(1), May 20, 1988, 102 Stat. 556, 559, 574; P.L.

101–237, § 423(b)(8)(A), Dec. 18, 1989, 103 Stat. 2093; renumbered § 4102A and

amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406;

P.L. 103–446, § 701(a), § 1201(a)(4), Nov. 2, 1994, 108 Stat. 4674, 4682; P.L. 104–

275, § 301, Oct. 9, 1996, 110 Stat. 3332; P.L. 105–277, § 405(d)(29)(A), (f)(21)(A), Oct.

21, 1998, 112 Stat. 2681–424; P.L. 105–368, § 1005(b)(13), Nov. 11, 1998, 112 Stat.

3365.)

§ 4103. Directors and Assistant Directors for Veterans’ Employment and Training

(a) The Secretary shall assign to each State a representative of

the Veterans’ Employment Service to serve as the Director for Veterans’ Employment and Training, and shall assign full-time Federal clerical or other support personnel to each such Director. The

Secretary shall also assign to each State one Assistant Director for

Veterans’ Employment and Training per each 250,000 veterans and

eligible persons of the State veterans population and such additional Assistant Directors for Veterans’ Employment and Training

as the Secretary shall determine, based on the data collected pursuant to section 4107 of this title, to be necessary to assist the Director for Veterans’ Employment and Training to carry out effectively in that State the purposes of this chapter. Full-time Federal

clerical or other support personnel assigned to Directors for Veterans’ Employment and Training shall be appointed in accordance

with the provisions of title 5 governing appointments in the competitive service and shall be paid in accordance with the provisions

of chapter 51 and subchapter III of chapter 53 of title 5.

(b)(1)(A) Each Director for Veterans’ Employment and Training

and Assistant Director for Veterans’ Employment and Training (i)

shall, except as provided in subparagraph (B) of this paragraph, be

a qualified veteran who at the time of appointment has been a

bona fide resident of the State for at least two years, and (ii) shall

be appointed in accordance with the provisions of title 5 governing

appointments in the competitive service and shall be paid in accordance with the provisions of chapter 51 and subchapter III of

chapter 53 of title 5.

(B) If, in appointing a Director or Assistant Director for any

State under this section, the Secretary determines that there is no

qualified veteran available who meets the residency requirement in

subparagraph (A)(i), the Secretary may appoint as such Director or

Assistant Director any qualified veteran.

(2) Each Director for Veterans’ Employment and Training and

Assistant Director for Veterans’ Employment and Training shall be
529 CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT § 4103

attached to the public employment service system of the State to

which they are assigned. They shall be administratively responsible to the Secretary for the execution of the veterans’ and eligible

persons’ counseling and placement policies of the Secretary through

the public employment service system and in cooperation with

other employment and training programs administered by the Secretary by grantees of Federal or federally funded employment and

training programs in the State, or directly by the State.

(c) In cooperation with the staff of the public employment service

system and the staffs of each such other program in the State, the

Director for Veterans’ Employment and Training and Assistant Directors for Veterans’ Employment and Training shall—

(1)(A) functionally supervise the provision of services to eligible veterans and eligible persons by such system and such program and their staffs, and (B) be functionally responsible for

the supervision of the registration of eligible veterans and eligible persons in local employment offices for suitable types of

employment and training and for counseling and placement of

eligible veterans and eligible persons in employment and job

training programs, including the program conducted under the

Veterans’ Job Training Act (Public Law 98–77; 29 U.S.C. 1721

note);

(2) engage in job development and job advancement activities

for eligible veterans and eligible persons, including maximum

coordination with appropriate officials of the Department of

Veterans Affairs in that agency’s carrying out of its responsibilities under subchapter II of chapter 77 of this title and in

the conduct of job fairs, job marts, and other special programs

to match eligible veterans and eligible persons with appropriate job and job training opportunities and otherwise to promote the employment of eligible veterans and eligible persons;

(3) assist in securing and maintaining current information as

to the various types of available employment and training opportunities, including maximum use of electronic data processing and telecommunications systems and the matching of

an eligible veteran’s or an eligible person’s particular qualifications with an available job or on-job training or apprenticeship

opportunity which is commensurate with those qualifications;

(4) promote the interest of employers and labor unions in

employing eligible veterans and eligible persons and in conducting on-job training and apprenticeship programs for such

veterans and persons;

(5) maintain regular contact with employers, labor unions,

training programs and veterans’ organizations with a view to

keeping them advised of eligible veterans and eligible persons

available for employment and training and to keeping eligible

veterans and eligible persons advised of opportunities for employment and training;

(6) promote and facilitate the participation of veterans in

Federal and federally funded employment and training programs and directly monitor the implementation and operation

of such programs to ensure that eligible veterans, veterans of

the Vietnam era, disabled veterans, and eligible persons re-
§ 4103 CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT 530

ceive such priority or other special consideration in the provision of services as is required by law or regulation;

(7) assist in every possible way in improving working conditions and the advancement of employment of eligible veterans

and eligible persons;

(8) supervise the listing of jobs and subsequent referrals of

qualified veterans as required by section 4212 of this title;

(9) be responsible for ensuring that complaints of discrimination filed under such section are resolved in a timely fashion;

(10) working closely with appropriate Department of Veterans Affairs personnel engaged in providing counseling or rehabilitation services under chapter 31 of this title, cooperate

with employers to identify disabled veterans who have completed or are participating in a vocational rehabilitation training program under such chapter and who are in need of employment;

(11) cooperate with the staff of programs operated under section 1712A of this title in identifying and assisting veterans

who have readjustment problems and who may need employment placement assistance or vocational training assistance;

and

(12) when requested by a Federal or State agency or a private employer, assist such agency or employer in identifying

and acquiring prosthetic and sensory aids and devices which

tend to enhance the employability of disabled veterans;

(13) monitor the implementation of Federal laws requiring

veterans preference in employment and job advancement opportunities within the Federal Government and report to the

Office of Personnel Management or other appropriate agency,

for enforcement or other remedial action, any evidence of failure to provide such preference or to provide priority or other

special consideration in the provision of services to veterans as

is required by law or regulation;

(14) monitor, through disabled veterans’ outreach program

specialists and local veterans’ employment representatives, the

listing of vacant positions with State employment agencies by

Federal agencies, and report to the Office of Personnel Management or other appropriate agency, for enforcement or other

remedial action, any evidence of failure to provide priority or

other special consideration in the provision of services to veterans as is required by law or regulation; and

(15)(A) not less frequently than annually, conduct, subject to

subclause (B) of this clause, an evaluation at each local employment office of the services provided to eligible veterans and

eligible persons and make recommendations for corrective action as appropriate; and

(B) carry out such evaluations in the following order of priority: (I) offices that demonstrated less than satisfactory performance during either of the two previous program years, (II)

offices with the largest number of veterans registered during

the previous program year, and (III) other offices as resources

permit.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1218, § 2012; renumbered § 2003, P.L. 87–675,

§ 1(a), Sept. 19, 1962, 76 Stat. 558; amended P.L. 89–358, § 6(c)(1), Mar. 3, 1966,
531 CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT § 4103A

80 Stat. 27; P.L. 92–540, § 502(a), Oct. 24, 1972, 86 Stat. 1094; P.L. 93–508, § 401(c),

Dec. 3, 1974, 88 Stat. 1592; P.L. 94–502, §§ 602, 606(1), Oct. 15, 1976, 90 Stat. 2404,

2405; P.L. 96–466, § 505, § 801(i), Oct. 17, 1980, 94 Stat. 2204, 2216; P.L. 97–295,

§ 4(70), Oct. 12, 1982, 96 Stat. 1310; P.L. 97–306, § 304(a)(1), (b), (c), Oct. 14, 1982,

96 Stat. 1437, 1438; P.L. 100–323, §§ 5, 7(a), 15(a)(2), (c)(1), (3)(A), May 20, 1988,

102 Stat. 563, 564, 574; P.L. 101–237, § 423(b)(8)(B), Dec. 18, 1989, 103 Stat. 2093;

renumbered § 4103 and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

406; P.L. 103–446, § 1201(d)(14), Nov. 2, 1994, 108 Stat. 4684; P.L. 104–275, § 302,

Oct. 9, 1996, 110 Stat. 3332.)

§ 4103A. Disabled veterans’ outreach program

(a)(1) The amount of funds made available for use in a State

under section 4102A(b)(5)(A)(i) of this title shall be sufficient to

support the appointment of one disabled veterans’ outreach program specialist for each 7,400 veterans who are between the ages

of 20 and 64 residing in such State. Each such specialist shall be

a qualified veteran. Preference shall be given in the appointment

of such specialists to qualified disabled veterans. If the Secretary

finds that no qualified disabled veteran is available for such appointment, such appointment may be given to any qualified veteran. Each such specialist shall be compensated at rates comparable to those paid other professionals performing essentially

similar duties in the State government of the State concerned.

(2) Specialists appointed pursuant to this subsection shall be in

addition to and shall not supplant employees assigned to local employment service offices pursuant to section 4104 of this title.

(b)(1) Pursuant to regulations prescribed by the Secretary of

Labor, disabled veterans’ outreach program specialists shall be assigned only those duties directly related to meeting the employment needs of eligible veterans, with priority for the provision of

services in the following order:

(A) Services to special disabled veterans.

(B) Services to other disabled veterans.

(C) Services to other eligible veterans in accordance with priorities determined by the Secretary taking into account applicable rates of unemployment and the employment emphases

set forth in chapter 42 of this title.

In the provision of services in accordance with this paragraph,

maximum emphasis in meeting the employment needs of veterans

shall be placed on assisting economically or educationally disadvantaged veterans.

(2) Not more than three-fourths of the disabled veterans’ outreach program specialists in each State shall be stationed at local

employment service offices in such State. The Secretary, after consulting the Secretary of Veterans Affairs and the Director for Veterans’ Employment and Training assigned to a State under section

4103 of this title, may waive the limitation in the preceding sentence for that State so long as the percentage of all disabled veterans’ outreach program specialists that are stationed at local employment service offices in all States does not exceed 80 percent.

Specialists not so stationed shall be stationed at centers established by the Department of Veterans Affairs to provide a program

of readjustment counseling pursuant to section 1712A of this title,

veterans assistance offices established by the Department of Veterans Affairs pursuant to section 7723 of this title, and such other
§ 4103A CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT 532

sites as may be determined to be appropriate in accordance with

regulations prescribed by the Secretary after consultation with the

Secretary of Veterans Affairs.

(c) Each disabled veterans’ outreach program specialist shall

carry out the following functions for the purpose of providing services to eligible veterans in accordance with the priorities set forth

in subsection (b) of this section:

(1) Development of job and job training opportunities for

such veterans through contacts with employers, especially

small- and medium-size private sector employers.

(2) Pursuant to regulations prescribed by the Secretary after

consultation with the Secretary of Veterans Affairs, promotion

and development of apprenticeship and other on-job training

positions pursuant to section 3687 of this title.

(3) The carrying out of outreach activities to locate such veterans through contacts with local veterans organizations, the

Department of Veterans Affairs, the State employment service

agency and local employment service offices, and communitybased organizations.

(4) Provision of appropriate assistance to community-based

groups and organizations and appropriate grantees under

other Federal and federally funded employment and training

programs including including title I of the Workforce Investment Act of 1998 in providing services to such veterans.

(5) Provision of appropriate assistance to local employment

service office employees with responsibility for veterans in carrying out their responsibilities pursuant to this chapter.

(6) Consultation and coordination with other appropriate

representatives of Federal, State, and local programs (including the program conducted under the Veterans’ Job Training

Act (Public Law 98–77; 29 U.S.C. 1721 note)) for the purpose

of developing maximum linkages to promote employment opportunities for and provide maximum employment assistance

to such veterans.

(7) The carrying out of such other duties as will promote the

development of entry-level and career job opportunities for

such veterans.

(8) Development of outreach programs in cooperation with

appropriate Department of Veterans Affairs personnel engaged

in providing counseling or rehabilitation services under chapter

31 of this title, with educational institutions, and with employers in order to ensure maximum assistance to disabled veterans who have completed or are participating in a vocational

rehabilitation program under such chapter.

(9) Provision of vocational guidance or vocational counseling

services, or both, to veterans with respect to veterans’ selection

of and changes in vocations and veterans’ vocational adjustment.

(10) Provision of services as a case manager under section

14(b)(1)(A) of the Veterans’ Job Training Act (Public Law 98– 77; 29 U.S.C. 1721 note).

(11) Coordination of employment services with training assistance provided to veterans by entities receiving funds under

section 2021 of this title.
533 CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT § 4104

(Added P.L. 96–466, § 506(a), Oct. 17, 1980, 94 Stat. 2204, § 2003A; amended P.L.

97–306, § 305, Oct. 14, 1982, 96 Stat. 1439; P.L. 100–323, §§ 2(e)(1), 7(b), 15(c)(1),

May 20, 1988, 102 Stat. 559, 565, 574; P.L. 101–237, § 423(b)(8), Dec. 18, 1989, 103

Stat. 2093; renumbered § 4103A and amended P.L. 102–83, §§ 2(c)(4), 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 402, 406; P.L. 102–568, §§ 501, 503, Oct. 29, 1992, 106 Stat.

4340; P.L. 103–446, § 701(b), Nov. 2, 1994, 108 Stat. 4674; P.L. 105–277,

§ 405(d)(29)(B), (f)(21)(B), Oct. 21, 1998, 112 Stat. 2681–424; P.L. 105–368, § 1004(a),

Nov. 11, 1998, 112 Stat. 3364; P.L. 107–95, § 9(a), Dec. 21, 2001, 115 Stat. 920.)

§ 4104. Local veterans’ employment representatives

(a)(1) For any fiscal year, the total of the amount of funds made

available for use in the States under section 4102A(b)(5)(A)(ii) of

this title shall be sufficient to support the appointment of 1,600

full-time local veterans’ employment representatives and the

States’ administrative expenses associated with the appointment of

that number of such representatives and shall be allocated to the

several States so that each State receives funding sufficient to

support—

(A) the number of such representatives who were assigned in

such State on January 1, 1987, for which funds were provided

under this chapter, plus one additional such representative;

(B) the percentage of the 1,600 such representatives for

which funding is not provided under subparagraph (A) of this

paragraph which is equal to the average of (i) the percentage

of all veterans residing in the United States who reside in such

State, (ii) the percentage of the total of all eligible veterans

and eligible persons registered for assistance with local employment service offices in the United States who are registered for assistance with local employment service offices in

such State, and (iii) the percentage of all full-service local employment service offices in the United States which are located

in such State; and

(C) the State’s administrative expenses associated with the

appointment of the number of such representatives for which

funding is allocated to the State under subparagraphs (A) and

(B) of this paragraph.

(2)(A) The local veterans’ employment representatives allocated

to a State pursuant to paragraph (1) of this subsection shall be assigned by the administrative head of the employment service in the

State, after consultation with the Director for Veterans’ Employment and Training for the State, so that as nearly as practical (i)

one full-time representative is assigned to each local employment

service office at which at least 1,100 eligible veterans and eligible

persons are registered for assistance, (ii) one additional full-time

representative is assigned to each local employment service office

for each 1,500 eligible veterans and eligible persons above 1,100

who are registered at such office for assistance, and (iii) one halftime representative is assigned to each local employment service office at which at least 350 but less than 1,100 eligible veterans and

eligible persons are registered for assistance.

(B) In the case of a service delivery point (other than a local employment service office described in subparagraph (A) of this paragraph) at which employment services are offered under the Wagner-Peyser Act, the head of such service delivery point shall be responsible for ensuring compliance with the provisions of this title
§ 4104 CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT 534

providing for priority services for veterans and priority referral of

veterans to Federal contractors.

(3) For the purposes of this subsection, an individual shall be

considered to be registered for assistance with a local employment

service office during a program year if the individual—

(A) registered, or renewed such individual’s registration, for

assistance with the office during that program year; or

(B) so registered or renewed such individual’s registration

during a previous program year and, in accordance with regulations which the Secretary shall prescribe, is counted as still

being registered for administrative purposes.

(4) In the appointment of local veterans’ employment representatives, preference shall be given to qualified eligible veterans or eligible persons. Preference shall be accorded first to qualified serviceconnected disabled veterans; then, if no such disabled veteran is

available, to qualified eligible veterans; and, if no such eligible veteran is available, then to qualified eligible persons.

(b) Local veterans’ employment representatives shall perform the

following functions:

(1) Functionally supervise the providing of services to eligible

veterans and eligible persons by the local employment service

staff.

(2) Maintain regular contact with community leaders, employers, labor unions, training programs, and veterans’ organizations for the purpose of (A) keeping them advised of eligible

veterans and eligible persons available for employment and

training, and (B) keeping eligible veterans and eligible persons

advised of opportunities for employment and training.

(3) Provide directly, or facilitate the provision of, labor exchange services by local employment service staff to eligible

veterans and eligible persons, including intake and assessment, counseling, testing, job-search assistance, and referral

and placement.

(4) Encourage employers and labor unions to employ eligible

veterans and eligible persons and conduct on-the-job training

and apprenticeship programs for such veterans and persons.

(5) Promote and monitor the participation of veterans in federally funded employment and training programs, monitor the

listing of vacant positions with State employment agencies by

Federal agencies, and report to the Director for Veterans’ Employment and Training for the State concerned any evidence of

failure to provide priority or other special consideration in the

provision of services to veterans as is required by law or regulation.

(6) Monitor the listing of jobs and subsequent referrals of

qualified veterans as required by section 4212 of this title.

(7) Work closely with appropriate Department of Veterans

Affairs personnel engaged in providing counseling or rehabilitation services under chapter 31 of this title, and cooperate

with employers in identifying disabled veterans who have completed or are participating in a vocational rehabilitation training program under such chapter and who are in need of employment.
535 CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT § 4104A

1 A period instead of ‘‘; and’’ probably should appear at the end of paragraph (12). The first

word of paragraph (13) probably should be capitalized.

(8) Refer eligible veterans and eligible persons to training,

supportive services, and educational opportunities, as appropriate.

(9) Assist, through automated data processing, in securing

and maintaining current information regarding available employment and training opportunities.

(10) Cooperate with the staff of programs operated under

section 1712A of this title in identifying and assisting veterans

who have readjustment problems and who may need services

available at the local employment service office.

(11) When requested by a Federal or State agency, a private

employer, or a service-connected disabled veteran, assist such

agency, employer, or veteran in identifying and acquiring prosthetic and sensory aids and devices needed to enhance the employability of disabled veterans.

(12) Facilitate the provision of guidance or counseling services, or both, to veterans who, pursuant to section 5(b)(3) of the

Veterans’ Job Training Act (29 U.S.C. 1721 note), are certified

as eligible for participation under such Act; and 1

(13) 1 coordinate employment services with training assistance provided to veterans by entities receiving funds under

section 2021 of this title.

(c) Each local veterans’ employment representative shall be administratively responsible to the manager of the local employment

service office and shall provide reports, not less frequently than

quarterly, to the manager of such office and to the Director for Veterans’ Employment and Training for the State regarding compliance with Federal law and regulations with respect to special services and priorities for eligible veterans and eligible persons.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1219, § 2013; renumbered § 2004, P.L. 87–675,

§ 1(a), Sept. 19, 1962, 76 Stat. 558; amended P.L. 89–358, § 6(c)(1), Mar. 3, 1966,

80 Stat. 27; P.L. 92–540, § 502(a), Oct. 24, 1972, 86 Stat. 1095; P.L. 94–502, § 606(2),

Oct. 15, 1976, 90 Stat. 2405; P.L. 100–323, § 3(a), May 20, 1988, 102 Stat. 560; P.L.

101–237, § 423(b)(8)(B), Dec. 18, 1989, 103 Stat. 2093; P.L. 102–16, § 10(a)(8), Mar.

22, 1991, 105 Stat. 56; renumbered § 4104 and amended P.L. 102–83, § 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406; P.L. 107–14, § 8(a)(10), June 5, 2001, 115 Stat. 35; P.L.

107–95, § 9(b), Dec. 21, 2001, 115 Stat. 920.)

§ 4104A. Performance of disabled veterans’ outreach program specialists and local veterans’ employment

representatives

(a)(1) Subject to paragraph (2) of this subsection, each State employment agency shall develop and apply standards for the performance of disabled veterans’ outreach program specialists appointed under section 4103A(a) of this title and local veterans’ employment representatives assigned under section 4104(b) of this

title.

(2)(A) Such standards shall be consistent with the duties and

functions specified in section 4103A(b) of this title with respect to

such specialists and section 4104(b)(1) through (12) of this title

with respect to such representatives.
§ 4104A CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT 536

(B) In developing such standards, the State employment

agency—

(i) shall take into account (I) the prototype developed under

paragraph (3) of this subsection, and (II) the comments submitted under clause (ii) of this subparagraph by the Director

for Veterans’ Employment and Training for the State;

(ii) shall submit to such Director proposed standards for comment;

(iii) may take into account the State’s personnel merit system requirements and other local circumstances and requirements; and

(iv) may request the assistance of such Director.

(C) Such standards shall include as one of the measures of the

performance of such a specialist the extent to which the specialist,

in serving as a case manager under section 14(b)(1)(A) of the Veterans’ Job Training Act (29 U.S.C. 1721 note), facilitates rates of

successful completion of training by veterans participating in programs of job training under the Act.

(3)(A) The Secretary, after consultation with State employment

agencies or their representatives, or both, shall provide to such

agencies a prototype of performance standards for use by such

agencies in the development of performance standards under subsection (a)(1) of this section.

(B) Each Director for Veterans’ Employment and Training— (i) shall, upon the request of the State employment agency

under paragraph (2)(B)(iv) of this subsection, provide appropriate assistance in the development of performance standards,

(ii) may, within 30 days after receiving proposed standards

under paragraph (2)(B)(ii) of this subsection, provide comments

on the proposed standards, particularly regarding the consistency of the proposed standards with such prototype.

(b)(1) Directors for Veterans’ Employment and Training and Assistant Directors for Veterans’ Employment and Training shall regularly monitor the performance of the specialists and representatives referred to in subsection (a)(1) of this section through the application of the standards required to be prescribed by subsection

(a)(1).

(2) A Director for Veterans’ Employment and Training for a State

may submit to the head of the employment service in the State recommendations and comments in connection with each annual performance rating of such specialists and representatives in the

State.

(Added P.L. 100–323, § 4(a)(1), May 20, 1988, 102 Stat. 562, § 2004A; renumbered

§ 4104A and amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 4105. Cooperation of Federal agencies

(a) All Federal agencies shall furnish the Secretary such records,

statistics, or information as the Secretary may deem necessary or

appropriate in administering the provisions of this chapter, and

shall otherwise cooperate with the Secretary in providing continuous employment and training opportunities for eligible veterans

and eligible persons.

(b) For the purpose of assisting the Secretary and the Secretary

of Veterans Affairs in identifying employers with potential job
537 CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT § 4106

training opportunities under the Veterans’ Job Training Act (Public

Law 98–77; 29 U.S.C. 1721 note) and otherwise in order to carry

out this chapter, the Secretary of Defense shall provide, not more

than 30 days after the date of the enactment of this subsection, the

Secretary and the Secretary of Veterans Affairs with any list maintained by the Secretary of Defense of employers participating in the

National Committee for Employer Support of the Guard and Reserve and shall provide, on the 15th day of each month thereafter,

updated information regarding the list.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1219, § 2014; renumbered § 2005 and amended

P.L. 87–675, § 1(a), (c), Sept. 19, 1962, 76 Stat. 558, 559; P.L. 92–540, § 502(a), Oct.

24, 1972, 86 Stat. 1095; P.L. 93–508, § 401(d), Dec. 3, 1974, 88 Stat. 1592; P.L. 94– 502, § 606(3), Oct. 15, 1976, 90 Stat. 2405; P.L. 100–323, §§ 6(a), 15(a)(2), May 20,

1988, 102 Stat. 564, 574; P.L. 101–237, § 423(b)(8)(A), Dec. 18, 1989, 103 Stat. 2093;

renumbered § 4105, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 4106. Estimate of funds for administration; authorization

of appropriations

(a) The Secretary shall estimate the funds necessary for the

proper and efficient administration of this chapter and chapters 42

and 43 of this title. Such estimated sum shall include the annual

amounts necessary for salaries, rents, printing and binding, travel,

and communications. Sums thus estimated shall be included as a

special item in the annual budget for the Department of Labor. Estimated funds necessary for proper counseling, placement, and

training services to eligible veterans and eligible persons provided

by the various State public employment service agencies shall each

be separately identified in the budgets of those agencies as approved by the Department of Labor. Funds estimated pursuant to

the first sentence of this subsection shall include amounts necessary in all of the States for the purposes specified in paragraph

(5) of section 4102A(b) of this title and to fund the National Veterans’ Employment and Training Services Institute under section

4109 of this title and shall be approved by the Secretary only if the

level of funding proposed is in compliance with such sections. Each

budget submission with respect to such funds shall include separate listings of the amount for the National Veterans’ Employment

and Training Services Institute and of the proposed numbers, by

State, of disabled veterans’ outreach program specialists appointed

under section 4103A of this title and local veterans’ employment

representatives assigned under section 4104 of this title, together

with information demonstrating the compliance of such budget submission with the funding requirements specified in the preceding

sentence.

(b) There are authorized to be appropriated such sums as may

be necessary for the proper and efficient administration of this

chapter.

(c) In the event that the regular appropriations Act making appropriations for administrative expenses for the Department of

Labor with respect to any fiscal year does not specify an amount

for the purposes specified in subsection (b) of this section for that

fiscal year, then of the amounts appropriated in such Act there

shall be available only for the purposes specified in subsection (b)

of this section such amount as was set forth in the budget estimate

submitted pursuant to subsection (a) of this section.
§ 4106 CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT 538

(d) Any funds made available pursuant to subsections (b) and (c)

of this section shall not be available for any purpose other than

those specified in such subsections.

(Added P.L. 92–540, § 502(a), Oct. 24, 1972, 86 Stat. 1096, § 2006; amended P.L. 93–

508, § 401(e), Dec. 3, 1974, 88 Stat. 1592; P.L. 94–502, § 603, Oct. 15, 1976, 90 Stat.

2404; P.L. 97–306, § 306, Oct. 14, 1982, 96 Stat. 1440; P.L. 100–323, §§ 2(b), (c),

(e)(2), 15(a)(2), May 20, 1988, 102 Stat. 558, 559, 574; renumbered § 4106 and

amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 4107. Administrative controls; annual report

(a) The Secretary shall establish administrative controls for the

following purposes:

(1) To insure that each eligible veteran, especially veterans

of the Vietnam era and disabled veterans and each eligible person, who requests assistance under this chapter shall promptly

be placed in a satisfactory job or job training opportunity or receive some other specific form of assistance designed to enhance such veteran’s and eligible person’s employment prospects substantially, such as individual job development or employment counseling services.

(2) To determine whether or not the employment service

agencies in each State have committed the necessary staff to

insure that the provisions of this chapter are carried out; and

to arrange for necessary corrective action where staff resources

have been determined by the Secretary to be inadequate.

(b) The Secretary shall establish definitive performance standards for determining compliance by the State public employment

service agencies with the provisions of this chapter and chapter 42

of this title. A full report as to the extent and reasons for any noncompliance by any such State agency during any fiscal year, together with the agency’s plan for corrective action during the succeeding year, shall be included in the annual report of the Secretary of Labor required by subsection (c) of this section.

(c) Not later than February 1 of each year, the Secretary shall

report to the Committees on Veterans’ Affairs of the Senate and

the House of Representatives on the success during the preceding

program year of the Department of Labor and its affiliated State

employment service agencies in carrying out the provisions of this

chapter and programs for the provision of employment and training

services to meet the needs of eligible veterans and eligible persons.

The report shall include—

(1) specification, by State and by age group, of the numbers

of eligible veterans, veterans of the Vietnam era, disabled veterans, special disabled veterans, and eligible persons who registered for assistance with the public employment service system and, for each of such categories, the numbers referred to

and placed in permanent and other jobs, the numbers referred

to and placed in jobs and job training programs supported by

the Federal Government, the number counseled, and the number who received some, and the number who received no, reportable service;

(2) a comparison of the job placement rate for each of the

categories of veterans and persons described in clause (1) of

this subsection with the job placement rate for nonveterans of
539 CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT § 4109

the same age groups registered for assistance with the public

employment system in each State;

(3) any determination made by the Secretary during the preceding fiscal year under section 4106 of this title or subsection

(a)(2) of this section and a statement of the reasons for such

determination;

(4) a report on activities carried out during the preceding

program year under sections 4103A and 4104 of this title; and

(5) a report on the operation during the preceding program

year of programs for the provision of employment and training

services designed to meet the needs of eligible veterans and eligible persons, including an evaluation of the effectiveness of

such programs during such program year in meeting the requirements of section 4102A(b) of this title, the efficiency with

which services were provided through such programs during

such year, and such recommendations for further legislative

action (including the need for any changes in the formulas governing the appointment of disabled veterans’ outreach program

specialists under section 4103A(a)(2) of this title and the assignment of local veterans’ employment representatives under

section 4104(b) of this title and the allocation of funds for the

support of such specialists and representatives) relating to veterans’ employment and training as the Secretary considers appropriate.

(Added P.L. 92–540, § 502(a), Oct. 24, 1972, 86 Stat. 1096, § 2007; amended P.L. 93–

508, § 401(f), Dec. 3, 1974, 88 Stat. 1592; P.L. 94–502, § 604, Oct. 15, 1976, 90 Stat.

2404; P.L. 95–202, § 309(b), Nov. 23, 1977, 91 Stat. 1446; P.L. 96–466, § 507, Oct.

17, 1980, 94 Stat. 2205; P.L. 97–306, § 307, Oct. 14, 1982, 96 Stat. 1440; P.L. 100–

323, §§ 2(d), 15(a)(2), May 20, 1988, 102 Stat. 558, 574; renumbered § 4107 and

amended P.L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

§ 4108. Cooperation and coordination

(a) In carrying out the Secretary’s responsibilities under this

chapter, the Secretary shall from time to time consult with the Secretary of Veterans Affairs and keep the Secretary fully advised of

activities carried out and all data gathered pursuant to this chapter to insure maximum cooperation and coordination between the

Department of Labor and the Department of Veterans Affairs.

(b) The Secretary of Veterans Affairs shall provide to appropriate

employment service offices and Department of Labor offices, as designated by the Secretary, on a monthly or more frequent basis, the

name and address of each employer located in the areas served by

such offices that offer a program of job training which has been approved by the Secretary of Veterans Affairs under section 7 of the

Veterans’ Job Training Act (29 U.S.C. 1721 note).

(Added P.L. 92–540, § 502(a), Oct. 24, 1972, 86 Stat. 1097, § 2008; amended P.L. 94–

502, § 606(4), Oct. 15, 1976, 90 Stat. 2405; P.L. 100–323, §§ 6(b)(1), (2)(A), 15(a)(2),

May 20, 1988, 102 Stat. 564, 574; P.L. 101–237, § 423(b)(8), Dec. 18, 1989, 103 Stat.

2093; renumbered § 4108, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 4109. National Veterans’ Employment and Training Services Institute

(a) In order to provide for such training as the Secretary considers necessary and appropriate for the efficient and effective provision of employment, job-training, counseling, placement, job-
§ 4109 CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT 540

search, and related services to veterans, the Secretary shall establish and make available such funds as may be necessary to operate

a National Veterans’ Employment and Training Services Institute

for the training of disabled veterans’ outreach program specialists,

local veterans’ employment representatives, Directors for Veterans’ Employment and Training, and Assistant Directors for Veterans’ Employment and Training, Regional Administrators for Veterans’ Employment and Training, and such other personnel involved in

the provision of employment, job-training, counseling, placement,

or related services to veterans as the Secretary considers appropriate, including travel expenses and per diem for attendance at

the Institute.

(b) In implementing this section, the Secretary shall, as the Secretary considers appropriate, provide, out of program funds designated for the Institute, training for Veterans’ Employment and

Training Service personnel, including travel expenses and per diem

to attend the Institute.

(Added P.L. 97–306, § 308(a), Oct. 14, 1982, 96 Stat. 1440, § 2009; amended P.L.

100–323, § 8(a), May 20, 1988, 102 Stat. 566; renumbered § 4109, P.L. 102–83, § 5(a),

Aug. 6, 1991, 105 Stat. 406.)

§ 4110. Advisory Committee on Veterans Employment and

Training

(a)(1) There is established within the Department of Labor an

advisory committee to be known as the Advisory Committee on

Veterans Employment and Training.

(2) The advisory committee shall— (A) assess the employment and training needs of veterans;

(B) determine the extent to which the programs and activities of the Department of Labor are meeting such needs; and

(C) carry out such other activities that are necessary to make

the reports and recommendations referred to in subsection (f)

of this section.

(b) The Secretary of Labor shall, on a regular basis, consult with

and seek the advice of the advisory committee with respect to the

matters referred to in subsection (a)(2) of this section.

(c)(1) The Secretary of Labor shall appoint at least 12, but no

more than 18, individuals to serve as members of the advisory committee consisting of—

(A) representatives nominated by veterans’ organizations

that have a national employment program; and

(B) not more than 6 individuals who are recognized authorities in the fields of business, employment, training, rehabilitation, or labor and who are not employees of the Department of

Labor.

(2) A vacancy in the advisory committee shall be filled in the

manner in which the original appointment was made.

(d) The following, or their representatives, shall be ex officio,

nonvoting members of the advisory committee:

(1) The Secretary of Veterans Affairs.

(2) The Secretary of Defense.

(3) The Secretary of Health and Human Services.

(4) The Secretary of Education.

(5) The Director of the Office of Personnel Management.
541 CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT § 4110

(6) The Assistant Secretary of Labor for Veterans Employment and Training.

(7) The Assistant Secretary of Labor for Employment and

Training.

(8) The Chairman of the Equal Employment Opportunity

Commission.

(9) The Administrator of the Small Business Administration.

(10) The Postmaster General.

(11) The Director of the United States Employment Service.

(12) Representatives of— (A) other Federal departments and agencies requesting

a representative on the advisory committee; and

(B) nationally based organizations with a significant involvement in veterans employment and training programs,

as determined necessary and appropriate by the Secretary

of Labor.

(e)(1) The advisory committee shall meet at least quarterly.

(2) The Secretary of Labor shall appoint the chairman of the advisory committee who shall serve in that position for no more than

2 consecutive years.

(3)(A) Members of the advisory committee shall serve without

compensation.

(B) Members of the advisory committee shall be allowed reasonable and necessary travel expenses, including per diem in lieu of

subsistence, at rates authorized for persons serving intermittently

in the Government service in accordance with the provisions of subchapter I of chapter 57 of title 5 while away from their homes or

regular places of business in the performance of the responsibilities

of the advisory committee.

(4) The Secretary of Labor shall provide staff and administrative

support to the advisory committee through the Veterans Employment and Training Service.

(f)(1) Not later than July 1 of each year, the advisory committee

shall submit to the Secretary of Labor a report on the employment

and training needs of veterans. Each such report shall contain— (A) an assessment of the employment and training needs of

veterans;

(B) an evaluation of the extent to which the programs and

activities of the Department of Labor are meeting such needs;

and

(C) any recommendations for legislation, administrative action, and other action that the advisory committee considers

appropriate.

(2) In addition to the annual reports made under paragraph (1),

the advisory committee may make recommendations to the Secretary of Labor with respect to the employment and training needs

of veterans at such times and in such manner as the advisory committee determines appropriate.

(g) Within 60 days after receiving each annual report referred to

in subsection (f)(1), the Secretary of Labor shall transmit to Congress a copy of the report together with any comments concerning

the report that the Secretary considers appropriate.

(h) The advisory committee shall continue until terminated by

law.
§ 4110 CH. 41—JOB COUNSELING, TRAINING, AND PLACEMENT 542

(Added P.L. 97–306, § 308(a), Oct. 14, 1982, 96 Stat. 1441, § 2010; amended P.L.

100–323, §§ 10, 15(a)(2), (3), (b)(1), May 20, 1988, 102 Stat. 566, 574; P.L. 101–237,

§ 423(b)(8)(A), Dec. 18, 1989, 103 Stat. 2093; P.L. 102–16, § 8(a), Mar. 22, 1991, 105

Stat. 52; renumbered § 4110 and amended P.L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug.

6, 1991, 105 Stat. 404–406; P.L. 102–568, § 504, Oct. 29, 1992, 106 Stat. 4340; P.L.

103–446, § 1201(a)(5), (g)(3), (i)(7), Nov. 2, 1994, 108 Stat. 4682, 4687, 4688.)

§ 4110A. Special unemployment study

(a)(1) The Secretary, through the Bureau of Labor Statistics,

shall conduct a study every two years of unemployment among

each of the following categories of veterans:

(A) Special disabled veterans.

(B) Veterans of the Vietnam era who served in the Vietnam

theater of operations during the Vietnam era.

(C) Veterans who served on active duty during the Vietnam

era who did not serve in the Vietnam theater of operations.

(D) Veterans who served on active duty after the Vietnam

era.

(E) Veterans discharged or released from active duty within

four years of the applicable study.

(2) Within each of the categories of veterans specified in paragraph (1), the Secretary shall include a separate category for

women who are veterans.

(b) The Secretary shall promptly submit to Congress a report on

the results of each study under subsection (a).

(Added P.L. 100–323, § 9(a), May 20, 1988, 102 Stat. 566, § 2010A; renumbered

§ 4110A, P.L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; amended P.L. 103–446,

§ 701(c), Nov. 2, 1994, 108 Stat. 4674; P.L. 105–368, § 1005(b)(14), Nov. 11, 1998,

112 Stat. 3365.)

§ 4110B. Coordination and nonduplication

In carrying out this chapter, the Secretary shall require that an

appropriate administrative entity in each State enter into an agreement with the Secretary regarding the implementation of this Act

that includes the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment

Act of 1998.

(Added P.L. 105–220, § 322, Aug. 7, 1998, 112 Stat. 1087.)

ø§ 4111. Repealed. P.L. 107–95, § 5(e)(3).¿
(543)

CHAPTER 42—EMPLOYMENT AND TRAINING OF

VETERANS

Sec.

4211. Definitions.

4212. Veterans’ employment emphasis under Federal contracts.

4213. Eligibility requirements for veterans under Federal employment and training programs.

4214. Employment within the Federal Government.

§ 4211. Definitions

As used in this chapter—

(1) The term ‘‘special disabled veteran’’ means—

(A) a veteran who is entitled to compensation (or who but for

the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary for a disability (i) rated at 30 percent or more, or (ii) rated at 10 or 20

percent in the case of a veteran who has been determined

under section 3106 of this title to have a serious employment

handicap; or

(B) a person who was discharged or released from active

duty because of service-connected disability.

(2) The term ‘‘veteran of the Vietnam era’’ means an eligible veteran any part of whose active military, naval, or air service was

during the Vietnam era.

(3) The term ‘‘disabled veteran’’ means (A) a veteran who is entitled to compensation (or who but for the receipt of military retired

pay would be entitled to compensation) under laws administered by

the Secretary, or (B) a person who was discharged or released from

active duty because of a service-connected disability.

(4) The term ‘‘eligible veteran’’ means a person who—

(A) served on active duty for a period of more than 180 days

and was discharged or released therefrom with other than a

dishonorable discharge;

(B) was discharged or released from active duty because of

a service-connected disability; or

(C) as a member of a reserve component under an order to

active duty pursuant to section 12301(a), (d), or (g), 12302, or

12304 of title 10, served on active duty during a period of war

or in a campaign or expedition for which a campaign badge is

authorized and was discharged or released from such duty with

other than a dishonorable discharge.

(5) The term ‘‘department or agency’’ means any agency of the

Federal Government or the District of Columbia, including any Executive agency as defined in section 105 of title 5 and the United

States Postal Service and the Postal Rate Commission, and the

term ‘‘department, agency, or instrumentality in the executive
§ 4211 CH. 42—EMPLOYMENT AND TRAINING OF VETERANS 544

branch’’ includes the United States Postal Service and the Postal

Rate Commission.

(6) The term ‘‘recently separated veteran’’ means any veteran

during the one-year period beginning on the date of such veteran’s

discharge or release from active duty.

(Added P.L. 92–540, § 503(a), Oct. 24, 1972, 86 Stat. 1097, § 2011; amended P.L. 94–

502, § 607(1), Oct. 15, 1976, 90 Stat. 2405; P.L. 96–466, § 508, Oct. 17, 1980, 94 Stat.

2206; P.L. 97–306, § 309, Oct. 14, 1982, 96 Stat. 1441; P.L. 98–223, § 206, Mar. 2,

1984, 98 Stat. 43; P.L. 101–237, § 407(a)(2), Dec. 18, 1989, 103 Stat. 2082; P.L. 102–

16, § 1, Mar. 22, 1991, 105 Stat. 48; P.L. 102–54, § 14(c)(9), June 13, 1991, 105 Stat.

285; renumbered § 4211 and amended P.L. 102–83, §§ 4(a)(1), 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 403, 406; P.L. 102–127, § 5, Oct. 10, 1991, 105 Stat. 622; P.L. 102–

568, § 502, Oct. 29, 1992, 106 Stat. 4340; P.L. 104–106, § 1501(e)(2)(D), Feb. 10,

1996, 110 Stat. 501; P.L. 106–419, § 322(c), Nov. 1, 2000, 114 Stat. 1855.)

§ 4212. Veterans’ employment emphasis under Federal contracts

(a) Any contract in the amount of $25,000 or more entered into

by any department or agency for the procurement of personal property and nonpersonal services (including construction) for the

United States, shall contain a provision requiring that the party

contracting with the United States shall take affirmative action to

employ and advance in employment qualified special disabled veterans, veterans of the Vietnam era, recently separated veterans,

and any other veterans who served on active duty during a war or

in a campaign or expedition for which a campaign badge has been

authorized. The provisions of this section shall apply to any subcontract entered into by a prime contractor in carrying out any contract for the procurement of personal property and non-personal

services (including construction) for the United States. In addition

to requiring affirmative action to employ such veterans under such

contracts and subcontracts and in order to promote the implementation of such requirement, the President shall implement the provisions of this section by promulgating regulations which shall require that (1) each such contractor undertake in such contract to

list immediately with the appropriate local employment service office all of its employment openings except that the contractor may

exclude openings for executive and top management positions, positions which are to be filled from within the contractor’s organization, and positions lasting three days or less, and (2) each such

local office shall give such veterans priority in referral to such employment openings.

(b) If any veteran covered by the first sentence of subsection (a)

believes any contractor of the United States has failed to comply

or refuses to comply with the provisions of the contractor’s contract

relating to the employment of veterans, the veteran may file a complaint with the Secretary of Labor, who shall promptly investigate

such complaint and take appropriate action in accordance with the

terms of the contract and applicable laws and regulations.

(c) The Secretary of Labor shall include as part of the annual report required by section 4107(c) of this title the number of complaints filed pursuant to subsection (b) of this section, the actions

taken thereon and the resolutions thereof. Such report shall also

include the number of contractors listing suitable employment

openings, the nature, types, and number of positions listed and the
545 CH. 42—EMPLOYMENT AND TRAINING OF VETERANS § 4213

number of veterans receiving priority pursuant to subsection (a)(2)

of this section.

(d)(1) Each contractor to whom subsection (a) of this section applies shall, in accordance with regulations which the Secretary of

Labor shall prescribe, report at least annually to the Secretary of

Labor on—

(A) the number of employees in the work force of such contractor, by job category and hiring location, who are special

disabled veterans, veterans of the Vietnam era, recently separated veterans, or other veterans who served on active duty

during a war or in a campaign or expedition for which a campaign badge has been authorized;

(B) the total number of new employees hired by the contractor during the period covered by the report and the number

of such employees who are special disabled veterans, veterans

of the Vietnam era, recently separated veterans, or other veterans who served on active duty during a war or in a campaign

or expedition for which a campaign badge has been authorized;

and

(C) the maximum number and the minimum number of employees of such contractor during the period covered by the report.

(2) The Secretary of Labor shall ensure that the administration

of the reporting requirement under paragraph (1) of this subsection

is coordinated with respect to any requirement for the contractor

to make any other report to the Secretary of Labor.

(Added P.L. 92–540, § 503(a), Oct. 24, 1972, 86 Stat. 1097, § 2012; amended P.L. 93–

508, § 402, Dec. 3, 1974, 88 Stat. 1593; P.L. 94–502, §§ 605, 607(2), Oct. 15, 1976,

90 Stat. 2405; P.L. 95–520, § 6(a), Oct. 26, 1978, 92 Stat. 1821; P.L. 96–466, § 509,

§ 801(j), Oct. 17, 1980, 94 Stat. 2206, 2217; P.L. 97–306, § 310(a), Oct. 14, 1982, 96

Stat. 1442; renumbered § 4212 and amended P.L. 102–83, §§ 4(b)(8), 5(a), (c)(1), Aug.

6, 1991, 105 Stat. 405, 406; P.L. 103–446, § 702(a), Nov. 2, 1994, 108 Stat. 4674;

P.L. 105–339, § § 7(a), 8, Oct. 31, 1998, 112 Stat. 3188, 3189; P.L. 106–419, § 322(a),

(b), Nov. 1, 2000, 114 Stat. 1855.)

§ 4213. Eligibility requirements for veterans under Federal

employment and training programs

(a) Amounts and periods of time specified in subsection (b) shall

be disregarded in determining eligibility under any of the following:

(1) Any public service employment program.

(2) Any emergency employment program.

(3) Any job training program assisted under the Economic

Opportunity Act of 1964.

(4) Any employment or training program carried out under

title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801

et seq.).

(5) Any other employment or training (or related) program financed in whole or in part with Federal funds.

(b) Subsection (a) applies with respect to the following amounts

and periods of time:

(1) Any amount received as pay or allowances by any person

while serving on active duty.

(2) Any period of time during which such person served on

active duty.
§ 4213 CH. 42—EMPLOYMENT AND TRAINING OF VETERANS 546

(3) Any amount received under chapters 11, 13, 30, 31, 32,

and 36 of this title by an eligible veteran.

(4) Any amount received by an eligible person under chapters 13 and 35 of this title.

(5) Any amount received by an eligible member under chapter 106 of title 10.

(Added P.L. 92–540, § 503(a), Oct. 24, 1972, 86 Stat. 1098, § 2013; amended P.L. 96– 466, § 801(k)(1), (2)(A), Oct. 17, 1980, 94 Stat. 2217; P.L. 102–54, § 14(c)(10), June

13, 1991, 105 Stat. 285; renumbered § 4213, P.L. 102–83, § 5(a), Aug. 6, 1991, 105

Stat. 406; amended P.L. 103–446, § 702(b), Nov. 2, 1994, 108 Stat. 4675; P.L. 105– 277, § 405(d)(29)(C), (f)(21)(C), Oct. 21, 1998, 112 Stat. 2681–424; P.L. 106–419,

§ 4042(a)(9), Nov. 1, 2000, 114 Stat. 1865.)

§ 4214. Employment within the Federal Government

(a)(1) The United States has an obligation to assist veterans of

the Armed Forces in readjusting to civilian life since veterans, by

virtue of their military service, have lost opportunities to pursue

education and training oriented toward civilian careers. The Federal Government is also continuously concerned with building an

effective work force, and veterans constitute a major recruiting

source. It is, therefore, the policy of the United States and the purpose of this section to promote the maximum of employment and

job advancement opportunities within the Federal Government for

disabled veterans and certain veterans of the Vietnam era and of

the post-Vietnam era who are qualified for such employment and

advancement.

(2) For the purposes of this section, the term ‘‘agency’’ means a

department, agency, or instrumentality in the executive branch.

(b)(1) To further the policy stated in subsection (a) of this section,

veterans referred to in paragraph (2) of this subsection shall be eligible, in accordance with regulations which the Office of Personnel

Management shall prescribe, for veterans readjustment appointments, and for subsequent career-conditional appointments, under

the terms and conditions specified in Executive Order Numbered

11521 (March 26, 1970), except that— (A) such an appointment may be made up to and including

the level GS–11 or its equivalent;

(B) a veteran shall be eligible for such an appointment without regard to the number of years of education completed by

such veteran;

(C) a veteran who is entitled to disability compensation

under the laws administered by the Department of Veterans

Affairs or whose discharge or release from active duty was for

a disability incurred or aggravated in line of duty shall be

given a preference for such an appointment over other veterans;

(D) a veteran receiving such an appointment shall— (i) in the case of a veteran with less than 15 years of

education, receive training or education; and

(ii) upon successful completion of the prescribed probationary period, acquire a competitive status; and

(E) a veteran given an appointment under the authority of

this subsection whose employment under the appointment is

terminated within one year after the date of such appointment

shall have the same right to appeal that termination to the
547 CH. 42—EMPLOYMENT AND TRAINING OF VETERANS § 4214

Merit Systems Protection Board as a career or career-conditional employee has during the first year of employment.

(2) This subsection applies to— (A) a veteran of the Vietnam era; and

(B) veterans who first became a member of the Armed Forces

or first entered on active duty as a member of the Armed

Forces after May 7, 1975, and were discharged or released

from active duty under conditions other than dishonorable.

(3)(A) Except as provided in subparagraph (C) of this paragraph,

a veteran of the Vietnam era may receive an appointment under

this section only during the period ending— (i) 10 years after the date of the veteran’s last discharge or

release from active duty; or

(ii) December 31, 1995,

whichever is later.

(B) Except as provided in subparagraph (C) of this paragraph, a

veteran described in paragraph (2)(B) of this subsection may receive such an appointment only within the 10–year period following

the later of— (i) the date of the veteran’s last discharge or release from active duty; or

(ii) December 31, 1989.

(C) The limitations of subparagraphs (A) and (B) of this paragraph shall not apply to a veteran who has a service–connected disability rated at 30 percent or more.

(D) For purposes of clause (i) of subparagraphs (A) and (B) of this

paragraph, the last discharge or release from active duty shall not

include any discharge or release from active duty of less than ninety days of continuous service unless the individual involved is discharged or released for a service–connected disability, for a medical

condition which preexisted such service and which the Secretary

determines is not service connected, for hardship, or as a result of

a reduction in force described in section 3011(a)(1)(A)(ii)(III) of this

title or of an involuntary separation described in section

3018A(a)(1).

(c) Each agency shall include in its affirmative action plan for the

hiring, placement, and advancement of handicapped individuals in

such agency as required by section 501(b) of the Rehabilitation Act

of 1973 (29 U.S.C. 791(b)), a separate specification of plans (in accordance with regulations which the Office of Personnel Management shall prescribe in consultation with the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services,

consistent with the purposes, provisions, and priorities of such Act)

to promote and carry out such affirmative action with respect to

disabled veterans in order to achieve the purpose of this section.

(d) The Office of Personnel Management shall be responsible for

the review and evaluation of the implementation of this section and

the activities of each agency to carry out the purpose and provisions of this section. The Office shall periodically obtain (on at least

an annual basis) information on the implementation of this section

by each agency and on the activities of each agency to carry out

the purpose and provisions of this section. The information obtained shall include specification of the use and extent of appointments made by each agency under subsection (b) of this section and
§ 4214 CH. 42—EMPLOYMENT AND TRAINING OF VETERANS 548

the results of the plans required under subsection (c) of this section.

(e)(1) The Office of Personnel Management shall submit to the

Congress annually a report on activities carried out under this section. Each such report shall include the following information with

respect to each agency:

(A) The number of appointments made under subsection (b)

of this section since the last such report and the grade levels

in which such appointments were made.

(B) The number of individuals receiving appointments under

such subsection whose appointments were converted to career

or career-conditional appointments, or whose employment

under such an appointment has terminated, since the last such

report, together with a complete listing of categories of causes

of appointment terminations and the number of such individuals whose employment has terminated falling into each such

category.

(C) The number of such terminations since the last such report that were initiated by the agency involved and the number of such terminations since the last such report that were

initiated by the individual involved.

(D) A description of the education and training programs in

which individuals appointed under such subsection are participating at the time of such report.

(2) Information shown for an agency under clauses (A) through

(D) of paragraph (1) of this subsection—

(A) shall be shown for all veterans; and

(B) shall be shown separately (i) for veterans of the Vietnam

era who are entitled to disability compensation under the laws

administered by the Secretary or whose discharge or release

from active duty was for a disability incurred or aggravated in

line of duty, and (ii) for other veterans.

(f) Notwithstanding section 4211 of this title, the terms ‘‘veteran’’

and ‘‘disabled veteran’’ as used in subsection (a) of this section

shall have the meaning provided for under generally applicable

civil service law and regulations.

(g) To further the policy stated in subsection (a) of this section,

the Secretary may give preference to qualified special disabled veterans and qualified veterans of the Vietnam era for employment in

the Department as veterans’ benefits counselors and veterans’

claims examiners and in positions to provide the outreach services

required under section 7722 of this title, to serve as veterans’ representatives at certain educational institutions as provided in section 7724 of this title, or to provide readjustment counseling under

section 1712A of this title to veterans of the Vietnam era.

(Added P.L. 93–508, § 403(a), Dec. 3, 1974, 88 Stat. 1593, § 2014; amended P.L. 95–

202, § 308, Nov. 23, 1977, 91 Stat. 1445; P.L. 95–520, § 6(b), Oct. 26, 1978, 92 Stat.

1821; P.L. 96–466, § 510, § 801(l), Oct. 17, 1980, 94 Stat. 2207, 2217; P.L. 97–72,

§ 202(a), Nov. 3, 1981, 95 Stat. 1054; P.L. 97–295, § 4(95)(A), Oct. 12, 1982, 96 Stat.

1313; P.L. 98–543, § 211, Oct. 24, 1984, 98 Stat. 2743; P.L. 99–576, § 332, Oct. 28,

1986, 100 Stat. 3279; P.L. 101–237, § 407(a)(1), (b), Dec. 18, 1989, 103 Stat. 2082;

P.L. 102–16, § 9(a), (b), Mar. 22, 1991, 105 Stat. 54; renumbered § 4214 and amended P.L. 102–83, §§ 2(c)(5), 4(a)(1), (3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 402–406; P.L. 102–127, § 4, Oct. 10, 1991, 105 Stat. 622; P.L. 102–568, § 505,

Oct. 29, 1992, 106 Stat. 4340.)
(549)

CHAPTER 43—EMPLOYMENT AND REEMPLOYMENT

RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES

SUBCHAPTER I—GENERAL

4301. Purposes; sense of Congress.

4302. Relation to other law and plans or agreements.

4303. Definitions.

4304. Character of service.

SUBCHAPTER II—EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS;

PROHIBITIONS

4311. Discrimination against persons who serve in the uniformed services and

acts of reprisal prohibited.

4312. Reemployment rights of persons who serve in the uniformed services.

4313. Reemployment positions.

4314. Reemployment by the Federal Government.

4315. Reemployment by certain Federal agencies.

4316. Rights, benefits, and obligations of persons absent from employment for

service in a uniformed service.

4317. Health plans.

4318. Employee pension benefit plans.

4319. Employment and reemployment rights in foreign countries.

SUBCHAPTER III—PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND INVESTIGATION

4321. Assistance in obtaining reemployment or other employment rights or benefits.

4322. Enforcement of employment or reemployment rights.

4323. Enforcement of rights with respect to a State or private employer.

4324. Enforcement of rights with respect to Federal executive agencies.

4325. Enforcement of rights with respect to certain Federal agencies.

4326. Conduct of investigation; subpoenas.

SUBCHAPTER IV—MISCELLANEOUS PROVISIONS

4331. Regulations.

4332. Reports.

4333. Outreach.

SUBCHAPTER I—GENERAL

§ 4301. Purposes; sense of Congress

(a) The purposes of this chapter are— (1) to encourage noncareer service in the uniformed services

by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service;

(2) to minimize the disruption to the lives of persons performing service in the uniformed services as well as to their

employers, their fellow employees, and their communities, by

providing for the prompt reemployment of such persons upon

their completion of such service; and

(3) to prohibit discrimination against persons because of

their service in the uniformed services.

(b) It is the sense of Congress that the Federal Government

should be a model employer in carrying out the provisions of this

chapter.
§ 4301 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS 550

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3150; amended P.L. 104–275,

§ 311(1), Oct. 9, 1996, 110 Stat. 3333.)

§ 4302. Relation to other law and plans or agreements

(a) Nothing in this chapter shall supersede, nullify or diminish

any Federal or State law (including any local law or ordinance),

contract, agreement, policy, plan, practice, or other matter that establishes a right or benefit that is more beneficial to, or is in addition to, a right or benefit provided for such person in this chapter.

(b) This chapter supersedes any State law (including any local

law or ordinance), contract, agreement, policy, plan, practice, or

other matter that reduces, limits, or eliminates in any manner any

right or benefit provided by this chapter, including the establishment of additional prerequisites to the exercise of any such right

or the receipt of any such benefit.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3150.)

§ 4303. Definitions

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 any advantage, profit, privilege, gain, status, account, or interest (other than 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
551 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS § 4303

(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.

(5) The term ‘‘Federal executive agency’’ includes the United

States Postal Service, the Postal Rate 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.

(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, 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, and a period for
§ 4304 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS 552

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 ‘‘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.

(16) 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, and any other category of persons designated by the President in time of war or national emergency.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3150; amended P.L. 104–275,

§ 311(2), Oct. 9, 1996, 110 Stat. 3334; P.L. 105–368, § 212(a), Nov. 11, 1998, 112

Stat. 3331; P.L. 106–419, § 323(a), Nov. 1, 2000, 114 Stat. 1854; P.L. 107–14,

§ 8(a)(11), June 5, 2001, 115 Stat. 35.)

§ 4304. Character of service

A person’s entitlement to the benefits of this chapter by reason

of the service of such person in one of the uniformed services terminates upon the occurrence of any of the following events:

(1) A separation of such person from such uniformed service

with a dishonorable or bad conduct discharge.

(2) A separation of such person from such uniformed service

under other than honorable conditions, as characterized pursuant to regulations prescribed by the Secretary concerned.

(3) A dismissal of such person permitted under section

1161(a) of title 10.

(4) A dropping of such person from the rolls pursuant to section 1161(b) of title 10.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3152.)
553 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS § 4312

SUBCHAPTER II—EMPLOYMENT AND REEMPLOYMENT

RIGHTS AND LIMITATIONS; PROHIBITIONS

§ 4311. Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited

(a) A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to

perform service in a uniformed service shall not be denied initial

employment, reemployment, retention in employment, promotion,

or any benefit of employment by an employer on the basis of that

membership, application for membership, performance of service,

application for service, or obligation.

(b) An employer may not discriminate in employment against or

take any adverse employment action against any person because

such person (1) has taken an action to enforce a protection afforded

any person under this chapter, (2) has testified or otherwise made

a statement in or in connection with any proceeding under this

chapter, (3) has assisted or otherwise participated in an investigation under this chapter, or (4) has exercised a right provided for in

this chapter. The prohibition in this subsection shall apply with respect to a person regardless of whether that person has performed

service in the uniformed services.

(c) An employer shall be considered to have engaged in actions

prohibited— (1) under subsection (a), if the person’s membership, application for membership, service, application for service, or obligation for service in the uniformed services is a motivating factor

in the employer’s action, unless the employer can prove that

the action would have been taken in the absence of such membership, application for membership, service, application for

service, or obligation for service; or

(2) under subsection (b), if the person’s (A) action to enforce

a protection afforded any person under this chapter, (B) testimony or making of a statement in or in connection with any

proceeding under this chapter, (C) assistance or other participation in an investigation under this chapter, or (D) exercise

of a right provided for in this chapter, is a motivating factor

in the employer’s action, unless the employer can prove that

the action would have been taken in the absence of such person’s enforcement action, testimony, statement, assistance,

participation, or exercise of a right.

(d) The prohibitions in subsections (a) and (b) shall apply to any

position of employment, including a position that is described in

section 4312(d)(1)(C) of this title.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3153; amended P.L. 104–275,

§ 311(3), Oct. 9, 1996, 110 Stat. 3334.)

§ 4312. Reemployment rights of persons who serve in the

uniformed services

(a) Subject to subsections (b), (c), and (d) and to section 4304, any

person whose absence from a position of employment is necessitated by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits of this chapter if—
§ 4312 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS 554

(1) the person (or an appropriate officer of the uniformed

service in which such service is performed) has given advance

written or verbal notice of such service to such person’s employer;

(2) the cumulative length of the absence and of all previous

absences from a position of employment with that employer by

reason of service in the uniformed services does not exceed five

years; and

(3) except as provided in subsection (f), the person reports to,

or submits an application for reemployment to, such employer

in accordance with the provisions of subsection (e).

(b) No notice is required under subsection (a)(1) if the giving of

such notice is precluded by military necessity or, under all of the

relevant circumstances, the giving of such notice is otherwise impossible or unreasonable. A determination of military necessity for

the purposes of this subsection shall be made pursuant to regulations prescribed by the Secretary of Defense and shall not be subject to judicial review.

(c) Subsection (a) shall apply to a person who is absent from a

position of employment by reason of service in the uniformed services if such person’s cumulative period of service in the uniformed

services, with respect to the employer relationship for which a person seeks reemployment, does not exceed five years, except that

any such period of service shall not include any service—

(1) that is required, beyond five years, to complete an initial

period of obligated service;

(2) during which such person was unable to obtain orders releasing such person from a period of service in the uniformed

services before the expiration of such five-year period and such

inability was through no fault of such person;

(3) performed as required pursuant to section 10147 of title

10, under section 502(a) or 503 of title 32, or to fulfill additional training requirements determined and certified in writing by the Secretary concerned, to be necessary for professional

development, or for completion of skill training or retraining;

or

(4) performed by a member of a uniformed service who is— (A) ordered to or retained on active duty section 688,

12301(g), 12302, 12304, or 12305 of title 10 or under section 331, 332, 359, 360, 367, or 712 of title 14;

(B) ordered to or retained on active duty (other than for

training) under any provision of law because of a war or

national emergency declared by the President or the Congress, as determined by the Secretary concerned;

(C) ordered to active duty (other than for training) in

support, as determined by the Secretary concerned, of an

operational mission for which personnel have been ordered

to active duty under section 12304 of title 10;

(D) ordered to active duty in support, as determined by

the Secretary concerned, of a critical mission or requirement of the uniformed services; or

(E) called into Federal service as a member of the National Guard under chapter 15 of title 10 or under section

12406 of title 10.
555 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS § 4312

(d)(1) An employer is not required to reemploy a person under

this chapter if— (A) the employer’s circumstances have so changed as to make

such reemployment impossible or unreasonable;

(B) in the case of a person entitled to reemployment under

subsection (a)(3), (a)(4), or (b)(2)(B) of section 4313, such employment would impose an undue hardship on the employer; or

(C) the employment from which the person leaves to serve in

the uniformed services is for a brief, nonrecurrent period and

there is no reasonable expectation that such employment will

continue indefinitely or for a significant period.

(2) In any proceeding involving an issue of whether— (A) any reemployment referred to in paragraph (1) is impossible or unreasonable because of a change in an employer’s circumstances,

(B) any accommodation, training, or effort referred to in subsection (a)(3), (a)(4), or (b)(2)(B) of section 4313 would impose

an undue hardship on the employer, or

(C) the employment referred to in paragraph (1)(C) is for a

brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a

significant period,

the employer shall have the burden of proving the impossibility or

unreasonableness, undue hardship, or the brief or nonrecurrent nature of the employment without a reasonable expectation of continuing indefinitely or for a significant period.

(e)(1) Subject to paragraph (2), a person referred to in subsection

(a) shall, upon the completion of a period of service in the uniformed services, notify the employer referred to in such subsection

of the person’s intent to return to a position of employment with

such employer as follows:

(A) In the case of a person whose period of service in the uniformed services was less than 31 days, by reporting to the

employer— (i) not later than the beginning of the first full regularly

scheduled work period on the first full calendar day following the completion of the period of service and the expiration of eight hours after a period allowing for the safe

transportation of the person from the place of that service

to the person’s residence; or

(ii) as soon as possible after the expiration of the eighthour period referred to in clause (i), if reporting within the

period referred to in such clause is impossible or unreasonable through no fault of the person.

(B) In the case of a person who is absent from a position of

employment for a period of any length for the purposes of an

examination to determine the person’s fitness to perform service in the uniformed services, by reporting in the manner and

time referred to in subparagraph (A).

(C) In the case of a person whose period of service in the uniformed services was for more than 30 days but less than 181

days, by submitting an application for reemployment with the

employer not later than 14 days after the completion of the period of service or if submitting such application within such pe-
§ 4312 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS 556

riod is impossible or unreasonable through no fault of the person, the next first full calendar day when submission of such

application becomes possible.

(D) In the case of a person whose period of service in the uniformed services was for more than 180 days, by submitting an

application for reemployment with the employer not later than

90 days after the completion of the period of service.

(2)(A) A person who is hospitalized for, or convalescing from, an

illness or injury incurred in, or aggravated during, the performance

of service in the uniformed services shall, at the end of the period

that is necessary for the person to recover from such illness or injury, report to the person’s employer (in the case of a person described in subparagraph (A) or (B) of paragraph (1)) or submit an

application for reemployment with such employer (in the case of a

person described in subparagraph (C) or (D) of such paragraph).

Except as provided in subparagraph (B), such period of recovery

may not exceed two years.

(B) Such two-year period shall be extended by the minimum time

required to accommodate the circumstances beyond such person’s

control which make reporting within the period specified in subparagraph (A) impossible or unreasonable.

(3) A person who fails to report or apply for employment or reemployment within the appropriate period specified in this subsection

shall not automatically forfeit such person’s entitlement to the

rights and benefits referred to in subsection (a) but shall be subject

to the conduct rules, established policy, and general practices of the

employer pertaining to explanations and discipline with respect to

absence from scheduled work.

(f)(1) A person who submits an application for reemployment in

accordance with subparagraph (C) or (D) of subsection (e)(1) or subsection (e)(2) shall provide to the person’s employer (upon the request of such employer) documentation to establish that—

(A) the person’s application is timely;

(B) the person has not exceeded the service limitations set

forth in subsection (a)(2) (except as permitted under subsection

(c)); and

(C) the person’s entitlement to the benefits under this chapter has not been terminated pursuant to section 4304.

(2) Documentation of any matter referred to in paragraph (1)

that satisfies regulations prescribed by the Secretary shall satisfy

the documentation requirements in such paragraph.

(3)(A) Except as provided in subparagraph (B), the failure of a

person to provide documentation that satisfies regulations prescribed pursuant to paragraph (2) shall not be a basis for denying

reemployment in accordance with the provisions of this chapter if

the failure occurs because such documentation does not exist or is

not readily available at the time of the request of the employer. If,

after such reemployment, documentation becomes available that establishes that such person does not meet one or more of the requirements referred to in subparagraphs (A), (B), and (C) of paragraph (1), the employer of such person may terminate the employment of the person and the provision of any rights or benefits afforded the person under this chapter.
557 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS § 4313

(B) An employer who reemploys a person absent from a position

of employment for more than 90 days may require that the person

provide the employer with the documentation referred to in subparagraph (A) before beginning to treat the person as not having

incurred a break in service for pension purposes under section

4318(a)(2)(A).

(4) An employer may not delay or attempt to defeat a reemployment obligation by demanding documentation that does not then

exist or is not then readily available.

(g) The right of a person to reemployment under this section

shall not entitle such person to retention, preference, or displacement rights over any person with a superior claim under the provisions of title 5, United States Code, relating to veterans and other

preference eligibles.

(h) In any determination of a person’s entitlement to protection

under this chapter, the timing, frequency, and duration of the person’s training or service, or the nature of such training or service

(including voluntary service) in the uniformed services, shall not be

a basis for denying protection of this chapter if the service does not

exceed the limitations set forth in subsection (c) and the notice requirements established in subsection (a)(1) and the notification requirements established in subsection (e) are met.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3153; amended P.L. 104–275,

§ 311(4), Oct. 9, 1996, 110 Stat. 3334.)

§ 4313. Reemployment positions

(a) Subject to subsection (b) (in the case of any employee) and

sections 4314 and 4315 (in the case of an employee of the Federal

Government), a person entitled to reemployment under section

4312, upon completion of a period of service in the uniformed services, shall be promptly reemployed in a position of employment in

accordance with the following order of priority:

(1) Except as provided in paragraphs (3) and (4), in the case

of a person whose period of service in the uniformed services

was for less than 91 days—

(A) in the position of employment in which the person

would have been employed if the continuous employment

of such person with the employer had not been interrupted

by such service, the duties of which the person is qualified

to perform; or

(B) in the position of employment in which the person

was employed on the date of the commencement of the

service in the uniformed services, only if the person is not

qualified to perform the duties of the position referred to

in subparagraph (A) after reasonable efforts by the employer to qualify the person.

(2) Except as provided in paragraphs (3) and (4), in the case

of a person whose period of service in the uniformed services

was for more than 90 days—

(A) in the position of employment in which the person

would have been employed if the continuous employment

of such person with the employer had not been interrupted

by such service, or a position of like seniority, status and
§ 4313 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS 558

pay, the duties of which the person is qualified to perform;

or

(B) in the position of employment in which the person

was employed on the date of the commencement of the

service in the uniformed services, or a position of like seniority, status and pay, the duties of which the person is

qualified to perform, only if the person is not qualified to

perform the duties of a position referred to in subparagraph (A) after reasonable efforts by the employer to qualify the person.

(3) In the case of a person who has a disability incurred in,

or aggravated during, such service, and who (after reasonable

efforts by the employer to accommodate the disability) is not

qualified due to such disability to be employed in the position

of employment in which the person would have been employed

if the continuous employment of such person with the employer

had not been interrupted by such service— (A) in any other position which is equivalent in seniority, status, and pay, the duties of which the person is

qualified to perform or would become qualified to perform

with reasonable efforts by the employer; or

(B) if not employed under subparagraph (A), in a position which is the nearest approximation to a position referred to in subparagraph (A) in terms of seniority, status,

and pay consistent with circumstances of such person’s

case.

(4) In the case of a person who (A) is not qualified to be employed in (i) the position of employment in which the person

would have been employed if the continuous employment of

such person with the employer had not been interrupted by

such service, or (ii) in the position of employment in which

such person was employed on the date of the commencement

of the service in the uniformed services for any reason (other

than disability incurred in, or aggravated during, service in the

uniformed services), and (B) cannot become qualified with reasonable efforts by the employer, in any other position which is

the nearest approximation to a position referred to first in

clause (A)(i) and then in clause (A)(ii) which such person is

qualified to perform, with full seniority.

(b)(1) If two or more persons are entitled to reemployment under

section 4312 in the same position of employment and more than

one of them has reported for such reemployment, the person who

left the position first shall have the prior right to reemployment in

that position.

(2) Any person entitled to reemployment under section 4312 who

is not reemployed in a position of employment by reason of paragraph (1) shall be entitled to be reemployed as follows:

(A) Except as provided in subparagraph (B), in any other position of employment referred to in subsection (a)(1) or (a)(2),

as the case may be (in the order of priority set out in the applicable subsection), that provides a similar status and pay to a

position of employment referred to in paragraph (1) of this subsection, consistent with the circumstances of such person’s

case, with full seniority.
559 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS § 4314

(B) In the case of a person who has a disability incurred in,

or aggravated during, a period of service in the uniformed services that requires reasonable efforts by the employer for the

person to be able to perform the duties of the position of employment, in any other position referred to in subsection (a)(3)

(in the order of priority set out in that subsection) that provides a similar status and pay to a position referred to in paragraph (1) of this subsection, consistent with circumstances of

such person’s case, with full seniority.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3157; amended P.L. 104–275,

§ 311(5), Oct. 9, 1996, 110 Stat. 3335.)

§ 4314. Reemployment by the Federal Government

(a) Except as provided in subsections (b), (c), and (d), if a person

is entitled to reemployment by the Federal Government under section 4312, such person shall be reemployed in a position of employment as described in section 4313.

(b)(1) If the Director of the Office of Personnel Management

makes a determination described in paragraph (2) with respect to

a person who was employed by a Federal executive agency at the

time the person entered the service from which the person seeks

reemployment under this section, the Director shall—

(A) identify a position of like seniority, status, and pay at another Federal executive agency that satisfies the requirements

of section 4313 and for which the person is qualified; and

(B) ensure that the person is offered such position.

(2) The Director shall carry out the duties referred to in subparagraphs (A) and (B) of paragraph (1) if the Director determines

that—

(A) the Federal executive agency that employed the person

referred to in such paragraph no longer exists and the functions of such agency have not been transferred to another Federal executive agency; or

(B) it is impossible or unreasonable for the agency to reemploy the person.

(c) If the employer of a person described in subsection (a) was,

at the time such person entered the service from which such person

seeks reemployment under this section, a part of the judicial

branch or the legislative branch of the Federal Government, and

such employer determines that it is impossible or unreasonable for

such employer to reemploy such person, such person shall, upon

application to the Director of the Office of Personnel Management,

be ensured an offer of employment in an alternative position in a

Federal executive agency on the basis described in subsection (b).

(d) If the adjutant general of a State determines that it is impossible or unreasonable to reemploy a person who was a National

Guard technician employed under section 709 of title 32, such person shall, upon application to the Director of the Office of Personnel Management, be ensured an offer of employment in an alternative position in a Federal executive agency on the basis described in subsection (b).

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3158.)
§ 4315 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS 560

§ 4315. Reemployment by certain Federal agencies

(a) The head of each agency referred to in section 2302(a)(2)(C)(ii)

of title 5 shall prescribe procedures for ensuring that the rights

under this chapter apply to the employees of such agency.

(b) In prescribing procedures under subsection (a), the head of an

agency referred to in that subsection shall ensure, to the maximum

extent practicable, that the procedures of the agency for reemploying persons who serve in the uniformed services provide for the

reemployment of such persons in the agency in a manner similar

to the manner of reemployment described in section 4313.

(c)(1) The procedures prescribed under subsection (a) shall designate an official at the agency who shall determine whether or not

the reemployment of a person referred to in subsection (b) by the

agency is impossible or unreasonable.

(2) Upon making a determination that the reemployment by the

agency of a person referred to in subsection (b) is impossible or unreasonable, the official referred to in paragraph (1) shall notify the

person and the Director of the Office of Personnel Management of

such determination.

(3) A determination pursuant to this subsection shall not be subject to judicial review.

(4) The head of each agency referred to in subsection (a) shall

submit to the Select Committee on Intelligence and the Committee

on Veterans’ Affairs of the Senate and the Permanent Select Committee on Intelligence and the Committee on Veterans’ Affairs of

the House of Representatives on an annual basis a report on the

number of persons whose reemployment with the agency was determined under this subsection to be impossible or unreasonable during the year preceding the report, including the reason for each

such determination.

(d)(1) Except as provided in this section, nothing in this section,

section 4313, or section 4325 shall be construed to exempt any

agency referred to in subsection (a) from compliance with any other

substantive provision of this chapter.

(2) This section may not be construed—

(A) as prohibiting an employee of an agency referred to in

subsection (a) from seeking information from the Secretary regarding assistance in seeking reemployment from the agency

under this chapter, alternative employment in the Federal

Government under this chapter, or information relating to the

rights and obligations of employee and Federal agencies under

this chapter; or

(B) as prohibiting such an agency from voluntarily cooperating with or seeking assistance in or of clarification from the

Secretary or the Director of the Office of Personnel Management of any matter arising under this chapter.

(e) The Director of the Office of Personnel Management shall ensure the offer of employment to a person in a position in a Federal

executive agency on the basis described in subsection (b) if— (1) the person was an employee of an agency referred to in

section 2302(a)(2)(C)(ii) of title 5 at the time the person entered the service from which the person seeks reemployment

under this section;
561 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS § 4316

(2) the appropriate officer of the agency determines under

subsection (c) that reemployment of the person by the agency

is impossible or unreasonable; and

(3) the person submits an application to the Director for an

offer of employment under this subsection.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3159.)

§ 4316. Rights, benefits, and obligations of persons absent

from employment for service in a uniformed service

(a) A person who is reemployed under this chapter is entitled to

the seniority and other rights and benefits determined by seniority

that the person had on the date of the commencement of service

in the uniformed services plus the additional seniority and rights

and benefits that such person would have attained if the person

had remained continuously employed.

(b)(1) Subject to paragraphs (2) through (6), a person who is absent from a position of employment by reason of service in the uniformed services shall be— (A) deemed to be on furlough or leave of absence while performing such service; and

(B) entitled to such other rights and benefits not determined

by seniority as are generally provided by the employer of the

person to employees having similar seniority, status, and pay

who are on furlough or leave of absence under a contract,

agreement, policy, practice, or plan in effect at the commencement of such service or established while such person performs

such service.

(2)(A) Subject to subparagraph (B), a person who— (i) is absent from a position of employment by reason of service in the uniformed services, and

(ii) knowingly provides written notice of intent not to return

to a position of employment after service in the uniformed

service,

is not entitled to rights and benefits under paragraph (1)(B).

(B) For the purposes of subparagraph (A), the employer shall

have the burden of proving that a person knowingly provided clear

written notice of intent not to return to a position of employment

after service in the uniformed service and, in doing so, was aware

of the specific rights and benefits to be lost under subparagraph

(A).

(3) A person deemed to be on furlough or leave of absence under

this subsection while serving in the uniformed services shall not be

entitled under this subsection to any benefits to which the person

would not otherwise be entitled if the person had remained continuously employed.

(4) Such person may be required to pay the employee cost, if any,

of any funded benefit continued pursuant to paragraph (1) to the

extent other employees on furlough or leave of absence are so required.

(5) The entitlement of a person to coverage under a health plan

is provided for under section 4317.

(6) The entitlement of a person to a right or benefit under an employee pension benefit plan is provided for under section 4318.
§ 4317 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS 562

(c) A person who is reemployed by an employer under this chapter shall not be discharged from such employment, except for

cause—

(1) within one year after the date of such reemployment, if

the person’s period of service before the reemployment was

more than 180 days; or

(2) within 180 days after the date of such reemployment, if

the person’s period of service before the reemployment was

more than 30 days but less than 181 days.

(d) Any person whose employment with an employer is interrupted by a period of service in the uniformed services shall be permitted, upon request of that person, to use during such period of

service any vacation, annual, or similar leave with pay accrued by

the person before the commencement of such service. No employer

may require any such person to use vacation, annual, or similar

leave during such period of service.

(e)(1) An employer shall grant an employee who is a member of

a reserve component an authorized leave of absence from a position

of employment to allow that employee to perform funeral honors

duty as authorized by section 12503 of title 10 or section 115 of

title 32.

(2) For purposes of section 4312(e)(1) of this title, an employee

who takes an authorized leave of absence under paragraph (1) is

deemed to have notified the employer of the employee’s intent to

return to such position of employment.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3160; amended P.L. 104–275,

§ 311(6), Oct. 9, 1996, 110 Stat. 3335; P.L. 106–419, § 323(b), Nov. 1, 2000, 114 Stat.

1855.)

§ 4317. Health plans

(a)(1) In any case in which a person (or the person’s dependents)

has coverage under a health plan in connection with the person’s

position of employment, including a group health plan (as defined

in section 607(1) of the Employee Retirement Income Security Act

of 1974), and such person is absent from such position of employment by reason of service in the uniformed services, the plan shall

provide that the person may elect to continue such coverage as provided in this subsection. The maximum period of coverage of a person and the person’s dependents under such an election shall be

the lesser of—

(A) the 18-month period beginning on the date on which the

person’s absence begins; or

(B) the day after the date on which the person fails to apply

for or return to a position of employment, as determined under

section 4312(e).

(2) A person who elects to continue health-plan coverage under

this paragraph may be required to pay not more than 102 percent

of the full premium under the plan (determined in the same manner as the applicable premium under section 4980B(f)(4) of the Internal Revenue Code of 1986) associated with such coverage for the

employer’s other employees, except that in the case of a person who

performs service in the uniformed services for less than 31 days,

such person may not be required to pay more than the employee

share, if any, for such coverage.
563 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS § 4318

(3) In the case of a health plan that is a multiemployer plan, as

defined in section 3(37) of the Employee Retirement Income Security Act of 1974, any liability under the plan for employer contributions and benefits arising under this paragraph shall be allocated— (A) by the plan in such manner as the plan sponsor shall

provide; or

(B) if the sponsor does not provide— (i) to the last employer employing the person before the

period served by the person in the uniformed services, or

(ii) if such last employer is no longer functional, to the

plan.

(b)(1) Except as provided in paragraph (2), in the case of a person

whose coverage under a health plan was terminated by reason of

service in the uniformed services, an exclusion or waiting period

may not be imposed in connection with the reinstatement of such

coverage upon reemployment under this chapter if an exclusion or

waiting period would not have been imposed under a health plan

had coverage of such person by such plan not been terminated as

a result of such service. This paragraph applies to the person who

is reemployed and to any individual who is covered by such plan

by reason of the reinstatement of the coverage of such person.

(2) Paragraph (1) shall not apply to the coverage of any illness

or injury determined by the Secretary of Veterans Affairs to have

been incurred in, or aggravated during, performance of service in

the uniformed services.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3161; amended P.L. 104–275,

§ 311(7), Oct. 9, 1996, 110 Stat. 3335.)

§ 4318. Employee pension benefit plans

(a)(1)(A) Except as provided in subparagraph (B), in the case of

a right provided pursuant to an employee pension benefit plan (including those described in sections 3(2) and 3(33) of the Employee

Retirement Income Security Act of 1974) or a right provided under

any Federal or State law governing pension benefits for governmental employees, the right to pension benefits of a person reemployed under this chapter shall be determined under this section.

(B) In the case of benefits under the Thrift Savings Plan, the

rights of a person reemployed under this chapter shall be those

rights provided in section 8432b of title 5. The first sentence of this

subparagraph shall not be construed to affect any other right or

benefit under this chapter.

(2)(A) A person reemployed under this chapter shall be treated

as not having incurred a break in service with the employer or employers maintaining the plan by reason of such person’s period or

periods of service in the uniformed services.

(B) Each period served by a person in the uniformed services

shall, upon reemployment under this chapter, be deemed to constitute service with the employer or employers maintaining the

plan for the purpose of determining the nonforfeitability of the person’s accrued benefits and for the purpose of determining the accrual of benefits under the plan.

(b)(1) An employer reemploying a person under this chapter

shall, with respect to a period of service described in subsection

(a)(2)(B), be liable to an employee pension benefit plan for funding
§ 4318 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS 564

any obligation of the plan to provide the benefits described in subsection (a)(2) and shall allocate the amount of any employer contribution for the person in the same manner and to the same extent the allocation occurs for other employees during the period of

service. For purposes of determining the amount of such liability

and any obligation of the plan, earnings and forfeitures shall not

be included. For purposes of determining the amount of such liability and for purposes of section 515 of the Employee Retirement Income Security Act of 1974 or any similar Federal or State law governing pension benefits for governmental employees, service in the

uniformed services that is deemed under subsection (a) to be service with the employer shall be deemed to be service with the employer under the terms of the plan or any applicable collective bargaining agreement. In the case of a multiemployer plan, as defined

in section 3(37) of the Employee Retirement Income Security Act

of 1974, any liability of the plan described in this paragraph shall

be allocated— (A) by the plan in such manner as the sponsor maintaining

the plan shall provide; or

(B) if the sponsor does not provide— (i) to the last employer employing the person before the

period served by the person in the uniformed services, or

(ii) if such last employer is no longer functional, to the

plan.

(2) A person reemployed under this chapter shall be entitled to

accrued benefits pursuant to subsection (a) that are contingent on

the making of, or derived from, employee contributions or elective

deferrals (as defined in section 402(g)(3) of the Internal Revenue

Code of 1986) only to the extent the person makes payment to the

plan with respect to such contributions or deferrals. No such payment may exceed the amount the person would have been permitted or required to contribute had the person remained continuously employed by the employer throughout the period of service

described in subsection (a)(2)(B). Any payment to the plan described in this paragraph shall be made during the period beginning with the date of reemployment and whose duration is three

times the period of the person’s service in the uniformed services,

such payment period not to exceed five years.

(3) For purposes of computing an employer’s liability under paragraph (1) or the employee’s contributions under paragraph (2), the

employee’s compensation during the period of service described in

subsection (a)(2)(B) shall be computed— (A) at the rate the employee would have received but for the

period of service described in subsection (a)(2)(B), or

(B) in the case that the determination of such rate is not reasonably certain, on the basis of the employee’s average rate of

compensation during the 12-month period immediately preceding such period (or, if shorter, the period of employment immediately preceding such period).

(c) Any employer who reemploys a person under this chapter and

who is an employer contributing to a multiemployer plan, as defined in section 3(37) of the Employee Retirement Income Security

Act of 1974, under which benefits are or may be payable to such

person by reason of the obligations set forth in this chapter, shall,
565 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS § 4322

within 30 days after the date of such reemployment, provide information, in writing, of such reemployment to the administrator of

such plan.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3162; amended P.L. 104–275,

§ 311(8), Oct. 9, 1996, 110 Stat. 3335.)

§ 4319. Employment and reemployment rights in foreign

countries

(a) LIABILITY OF CONTROLLING UNITED STATES EMPLOYER OF

FOREIGN ENTITY.—If an employer controls an entity that is incorporated or otherwise organized in a foreign country, any denial of

employment, reemployment, or benefit by such entity shall be presumed to be by such employer.

(b) INAPPLICABILITY TO FOREIGN EMPLOYER.—This subchapter

does not apply to foreign operations of an employer that is a foreign person not controlled by an United States employer.

(c) DETERMINATION OF CONTROLLING EMPLOYER.—For the purpose of this section, the determination of whether an employer controls an entity shall be based upon the interrelations of operations,

common management, centralized control of labor relations, and

common ownership or financial control of the employer and the entity.

(d) EXEMPTION.—Notwithstanding any other provision of this

subchapter, an employer, or an entity controlled by an employer,

shall be exempt from compliance with any of sections 4311 through

4318 of this title with respect to an employee in a workplace in a

foreign country, if compliance with that section would cause such

employer, or such entity controlled by an employer, to violate the

law of the foreign country in which the workplace is located.

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

SUBCHAPTER III—PROCEDURES FOR ASSISTANCE,

ENFORCEMENT, AND INVESTIGATION

§ 4321. Assistance in obtaining reemployment or other employment rights or benefits

The Secretary (through the Veterans’ Employment and Training

Service) shall provide assistance to any person with respect to the

employment and reemployment rights and benefits to which such

person is entitled under this chapter. In providing such assistance,

the Secretary may request the assistance of existing Federal and

State agencies engaged in similar or related activities and utilize

the assistance of volunteers.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3164.)

§ 4322. Enforcement of employment or reemployment rights

(a) A person who claims that—

(1) such person is entitled under this chapter to employment

or reemployment rights or benefits with respect to employment

by an employer; and

(2)(A) such employer has failed or refused, or is about to fail

or refuse, to comply with the provisions of this chapter; or

(B) in the case that the employer is a Federal executive

agency, such employer or the Office of Personnel Management
§ 4323 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS 566

has failed or refused, or is about to fail or refuse, to comply

with the provisions of this chapter,

may file a complaint with the Secretary in accordance with subsection (b), and the Secretary shall investigate such complaint.

(b) Such complaint shall be in writing, be in such form as the

Secretary may prescribe, include the name and address of the employer against whom the complaint is filed, and contain a summary

of the allegations that form the basis for the complaint.

(c) The Secretary shall, upon request, provide technical assistance to a potential claimant with respect to a complaint under this

subsection, and when appropriate, to such claimant’s employer.

(d) The Secretary shall investigate each complaint submitted

pursuant to subsection (a). If the Secretary determines as a result

of the investigation that the action alleged in such complaint occurred, the Secretary shall attempt to resolve the complaint by

making reasonable efforts to ensure that the person or entity

named in the complaint complies with the provisions of this chapter.

(e) If the efforts of the Secretary with respect to any complaint

filed under subsection (d) do not resolve the complaint, the Secretary shall notify the person who submitted the complaint of—

(1) the results of the Secretary’s investigation; and

(2) the complainant’s entitlement to proceed under the enforcement of rights provisions provided under section 4323 (in

the case of a person submitting a complaint against a State or

private employer) or section 4324 (in the case of a person submitting a complaint against a Federal executive agency or the

Office of Personnel Management).

(f) This subchapter does not apply to any action relating to benefits to be provided under the Thrift Savings Plan under title 5.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3164; amended P.L. 104–275,

§ 311(9), Oct. 9, 1996, 110 Stat. 3335.)

§ 4323. Enforcement of rights with respect to a State or private employer

(a) ACTION FOR RELIEF.—(1) A person who receives from the Secretary a notification pursuant to section 4322(e) of this title of an

unsuccessful effort to resolve a complaint relating to a State (as an

employer) or a private employer may request that the Secretary

refer the complaint to the Attorney General. If the Attorney General is reasonably satisfied that the person on whose behalf the

complaint is referred is entitled to the rights or benefits sought, the

Attorney General may appear on behalf of, and act as attorney for,

the person on whose behalf the complaint is submitted and commence an action for relief under this chapter for such person. In

the case of such an action against a State (as an employer), the action shall be brought in the name of the United States as the plaintiff in the action.

(2) A person may commence an action for relief with respect to

a complaint against a State (as an employer) or a private employer

if the person—

(A) has chosen not to apply to the Secretary for assistance

under section 4322(a) of this title;
567 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS § 4323

(B) has chosen not to request that the Secretary refer the

complaint to the Attorney General under paragraph (1); or

(C) has been refused representation by the Attorney

General with respect to the complaint under such paragraph.

(b) JURISDICTION.—(1) In the case of an action against a State (as

an employer) or a private employer commenced by the United

States, the district courts of the United States shall have jurisdiction over the action.

(2) In the case of an action against a State (as an employer) by

a person, the action may be brought in a State court of competent

jurisdiction in accordance with the laws of the State.

(3) In the case of an action against a private employer by a person, the district courts of the United States shall have jurisdiction

of the action.

(c) VENUE.—(1) In the case of an action by the United States

against a State (as an employer), the action may proceed in the

United States district court for any district in which the State exercises any authority or carries out any function.

(2) In the case of an action against a private employer, the action

may proceed in the United States district court for any district in

which the private employer of the person maintains a place of business.

(d) REMEDIES.—(1) In any action under this section, the court

may award relief as follows:

(A) The court may require the employer to comply with the

provisions of this chapter.

(B) The court may require the employer to compensate the

person for any loss of wages or benefits suffered by reason of

such employer’s failure to comply with the provisions of this

chapter.

(C) The court may require the employer to pay the person an

amount equal to the amount referred to in subparagraph (B)

as liquidated damages, if the court determines that the employer’s failure to comply with the provisions of this chapter

was willful.

(2)(A) Any compensation awarded under subparagraph (B) or (C)

of paragraph (1) shall be in addition to, and shall not diminish, any

of the other rights and benefits provided for under this chapter.

(B) In the case of an action commenced in the name of the

United States for which the relief includes compensation awarded

under subparagraph (B) or (C) of paragraph (1), such compensation

shall be held in a special deposit account and shall be paid, on

order of the Attorney General, directly to the person. If the compensation is not paid to the person because of inability to do so

within a period of 3 years, the compensation shall be covered into

the Treasury of the United States as miscellaneous receipts.

(3) A State shall be subject to the same remedies, including prejudgment interest, as may be imposed upon any private employer

under this section.

(e) EQUITY POWERS.—The court may use its full equity powers,

including temporary or permanent injunctions, temporary restraining orders, and contempt orders, to vindicate fully the rights or

benefits of persons under this chapter.
§ 4324 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS 568

(f) STANDING.—An action under this chapter may be initiated

only by a person claiming rights or benefits under this chapter

under subsection (a) or by the United States under subsection

(a)(1).

(g) RESPONDENT.—In any action under this chapter, only an employer or a potential employer, as the case may be, shall be a necessary party respondent.

(h) FEES, COURT COSTS.—(1) No fees or court costs may be

charged or taxed against any person claiming rights under this

chapter.

(2) In any action or proceeding to enforce a provision of this

chapter by a person under subsection (a)(2) who obtained private

counsel for such action or proceeding, the court may award any

such person who prevails in such action or proceeding reasonable

attorney fees, expert witness fees, and other litigation expenses.

(i) INAPPLICABILITY OF STATE STATUTE OF LIMITATIONS.—No

State statute of limitations shall apply to any proceeding under

this chapter.

(j) DEFINITION.—In this section, the term ‘‘private employer’’ includes a political subdivision of a State.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3165; amended P.L. 104–275,

§ 311(10), Oct. 9, 1996, 110 Stat. 3335; P.L. 105–368, § 211(a), Nov. 11, 1998, 112

Stat. 3339.)

§ 4324. Enforcement of rights with respect to Federal executive agencies

(a)(1) A person who receives from the Secretary a notification

pursuant to section 4322(e) may request that the Secretary refer

the complaint for litigation before the Merit Systems Protection

Board. The Secretary shall refer the complaint to the Office of Special Counsel established by section 1211 of title 5.

(2)(A) If the Special Counsel is reasonably satisfied that the person on whose behalf a complaint is referred under paragraph (1)

is entitled to the rights or benefits sought, the Special Counsel

(upon the request of the person submitting the complaint) may appear on behalf of, and act as attorney for, the person and initiate

an action regarding such complaint before the Merit Systems Protection Board.

(B) If the Special Counsel declines to initiate an action and represent a person before the Merit Systems Protection Board under

subparagraph (A), the Special Counsel shall notify such person of

that decision.

(b) A person may submit a complaint against a Federal executive

agency or the Office of Personnel Management under this subchapter directly to the Merit Systems Protection Board if that

person—

(1) has chosen not to apply to the Secretary for assistance

under section 4322(a);

(2) has received a notification from the Secretary under section 4322(e);

(3) has chosen not to be represented before the Board by the

Special Counsel pursuant to subsection (a)(2)(A); or

(4) has received a notification of a decision from the Special

Counsel under subsection (a)(2)(B).
569 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS § 4325

(c)(1) The Merit Systems Protection Board shall adjudicate any

complaint brought before the Board pursuant to subsection

(a)(2)(A) or (b), without regard as to whether the complaint accrued

before, on, or after October 13, 1994. A person who seeks a hearing

or adjudication by submitting such a complaint under this paragraph may be represented at such hearing or adjudication in accordance with the rules of the Board.

(2) If the Board determines that a Federal executive agency or

the Office of Personnel Management has not complied with the provisions of this chapter relating to the employment or reemployment

of a person by the agency, the Board shall enter an order requiring

the agency or Office to comply with such provisions and to compensate such person for any loss of wages or benefits suffered by

such person by reason of such lack of compliance.

(3) Any compensation received by a person pursuant to an order

under paragraph (2) shall be in addition to any other right or benefit provided for by this chapter and shall not diminish any such

right or benefit.

(4) If the Board determines as a result of a hearing or adjudication conducted pursuant to a complaint submitted by a person directly to the Board pursuant to subsection (b) that such person is

entitled to an order referred to in paragraph (2), the Board may,

in its discretion, award such person reasonable attorney fees, expert witness fees, and other litigation expenses.

(d)(1) A person adversely affected or aggrieved by a final order

or decision of the Merit Systems Protection Board under subsection

(c) may petition the United States Court of Appeals for the Federal

Circuit to review the final order or decision. Such petition and review shall be in accordance with the procedures set forth in section

7703 of title 5.

(2) Such person may be represented in the Federal Circuit proceeding by the Special Counsel unless the person was not represented by the Special Counsel before the Merit Systems Protection Board regarding such order or decision.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3166; amended P.L. 104–275,

§ 311(11), Oct. 9, 1996, 110 Stat. 3336; P.L. 105–368, § 213(a), Nov. 11, 1998, 112

Stat. 3331.)

§ 4325. Enforcement of rights with respect to certain Federal agencies

(a) This section applies to any person who alleges that—

(1) the reemployment of such person by an agency referred

to in subsection (a) of section 4315 was not in accordance with

procedures for the reemployment of such person under subsection (b) of such section; or

(2) the failure of such agency to reemploy the person under

such section was otherwise wrongful.

(b) Any person referred to in subsection (a) may submit a claim

relating to an allegation referred to in that subsection to the inspector general of the agency which is the subject of the allegation.

The inspector general shall investigate and resolve the allegation

pursuant to procedures prescribed by the head of the agency.

(c) In prescribing procedures for the investigation and resolution

of allegations under subsection (b), the head of an agency shall en-
§ 4326 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS 570

sure, to the maximum extent practicable, that the procedures are

similar to the procedures for investigating and resolving complaints

utilized by the Secretary under section 4322(d).

(d) This section may not be construed—

(1) as prohibiting an employee of an agency referred to in

subsection (a) from seeking information from the Secretary regarding assistance in seeking reemployment from the agency

under this chapter or information relating to the rights and obligations of employees and Federal agencies under this chapter;

or

(2) as prohibiting such an agency from voluntarily cooperating with or seeking assistance in or of clarification from the

Secretary or the Director of the Office of Personnel Management of any matter arising under this chapter.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3167; amended P.L. 104–275,

§ 311(12), Oct. 9, 1996, 110 Stat. 3336.)

§ 4326. Conduct of investigation; subpoenas

(a) In carrying out any investigation under this chapter, the Secretary’s duly authorized representatives shall, at all reasonable

times, have reasonable access to and the right to interview persons

with information relevant to the investigation and shall have reasonable access to, for purposes of examination, and the right to

copy and receive, any documents of any person or employer that

the Secretary considers relevant to the investigation.

(b) In carrying out any investigation under this chapter, the Secretary may require by subpoena the attendance and testimony of

witnesses and the production of documents relating to any matter

under investigation. In case of disobedience of the subpoena or contumacy and on request of the Secretary, the Attorney General may

apply to any district court of the United States in whose jurisdiction such disobedience or contumacy occurs for an order enforcing

the subpoena.

(c) Upon application, the district courts of the United States shall

have jurisdiction to issue writs commanding any person or employer to comply with the subpoena of the Secretary or to comply

with any order of the Secretary made pursuant to a lawful investigation under this chapter and the district courts shall have jurisdiction to punish failure to obey a subpoena or other lawful order

of the Secretary as a contempt of court.

(d) Subsections (b) and (c) shall not apply to the legislative

branch or the judicial branch of the United States.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3167; amended P.L. 104–275,

§ 311(13), Oct. 9, 1996, 110 Stat. 3336.)

SUBCHAPTER IV—MISCELLANEOUS PROVISIONS

§ 4331. Regulations

(a) The Secretary (in consultation with the Secretary of Defense)

may prescribe regulations implementing the provisions of this

chapter with regard to the application of this chapter to States,

local governments, and private employers.

(b)(1) The Director of the Office of Personnel Management (in

consultation with the Secretary and the Secretary of Defense) may
571 CH. 43—VETERANS’ REEMPLOYMENT RIGHTS § 4333

prescribe regulations implementing the provisions of this chapter

with regard to the application of this chapter to Federal executive

agencies (other than the agencies referred to in paragraph (2)) as

employers. Such regulations shall be consistent with the regulations pertaining to the States as employers and private employers,

except that employees of the Federal Government may be given

greater or additional rights.

(2) The following entities may prescribe regulations to carry out

the activities of such entities under this chapter:

(A) The Merit Systems Protection Board.

(B) The Office of Special Counsel.

(C) The agencies referred to in section 2303(a)(2)(C)(ii) of

title 5.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3168.)

§ 4332. Reports

The Secretary shall, after consultation with the Attorney General

and the Special Counsel referred to in section 4324(a)(1) and no

later than February 1, 1996, and annually thereafter through 2000,

transmit to the Congress, a report containing the following matters

for the fiscal year ending before such February 1:

(1) The number of cases reviewed by the Department of

Labor under this chapter during the fiscal year for which the

report is made.

(2) The number of cases referred to the Attorney General or

the Special Counsel pursuant to section 4323 or 4324, respectively, during such fiscal year.

(3) The number of complaints filed by the Attorney General

pursuant to section 4323 during such fiscal year.

(4) The nature and status of each case reported on pursuant

to paragraph (1), (2), or (3).

(5) An indication of whether there are any apparent patterns

of violation of the provisions of this chapter, together with an

explanation thereof.

(6) Recommendations for administrative or legislative action

that the Secretary, the Attorney General, or the Special Counsel considers necessary for the effective implementation of this

chapter, including any action that could be taken to encourage

mediation, before claims are filed under this chapter, between

employers and persons seeking employment or reemployment.

(Added P.L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3168.)

§ 4333. Outreach

The Secretary, the Secretary of Defense, and the Secretary of

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

obligations of such persons and such employers under this chapter.

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

(573)

PART IV—GENERAL ADMINISTRATIVE

PROVISIONS

CHAPTER Sec.

51. Claim, Effective Dates, and Payments .......................... 5101

53. Special Provisions Relating to Benefits ........................ 5301

55. Minors, Incompetents, and Other Wards ...................... 5501

57. Records and Investigations ............................................ 5701

59. Agents and Attorneys ..................................................... 5901

61. Penal and Forfeiture Provisions .................................... 6101

(575)

CHAPTER 51—CLAIMS, EFFECTIVE DATES, AND

PAYMENTS

SUBCHAPTER I—CLAIMS

Sec.

5100. Definition of ‘‘claimant’’.

5101. Claims and forms.

5102. Application forms furnished upon request; notice to claimants of incomplete applications.

5103. Notice to claimants of required information and evidence.

5103A. Duty to assist claimants.

5104. Decisions and notices of decisions.

5105. Joint applications for social security and dependency and indemnity compensation.

5106. Furnishing of information by other agencies.

5107. Claimant responsibility; benefit of the doubt.

5108. Reopening disallowed claims.

5109. Independent medical opinions.

5109A. Revision of decisions on grounds of clear and unmistakable error.

SUBCHAPTER II—EFFECTIVE DATES

5110. Effective dates of awards.

5111. Commencement of period of payment.

5112. Effective dates of reductions and discontinuances.

5113. Effective dates of educational benefits.

SUBCHAPTER III—PAYMENT OF BENEFITS

5120. Payment of benefits; delivery.

5121. Payment of certain accrued benefits upon death of beneficiary.

5122. Cancellation of checks mailed to deceased payees.

5123. Rounding down of pension rates.

5124. Acceptance of claimant’s statement as proof of relationship.

5125. Acceptance of reports of private physician examinations.

5126. Benefits not to be denied based on lack of mailing address.

SUBCHAPTER I—CLAIMS

§ 5100. Definition of ‘‘claimant’’

For purposes of this chapter, the term ‘‘claimant’’ means any individual applying for, or submitting a claim for, any benefit under

the laws administered by the Secretary.

(Added P.L. 106–475, § 2, Nov. 9, 2000, 114 Stat. 2096.)

§ 5101. Claims and forms

(a) A specific claim in the form prescribed by the Secretary (or

jointly with the Secretary of Health and Human Services, as prescribed by section 5105 of this title) must be filed in order for benefits to be paid or furnished to any individual under the laws administered by the Secretary.

(b)(1) A claim by a surviving spouse or child for compensation or

dependency and indemnity compensation shall also be considered

to be a claim for death pension and accrued benefits, and a claim

by a surviving spouse or child for death pension shall be considered
§ 5101 CH. 51—CLAIMS, EFFECTIVE DATES, AND PAYMENTS 576

to be a claim for death compensation (or dependency and indemnity

compensation) and accrued benefits.

(2) A claim by a parent for compensation or dependency and indemnity compensation shall also be considered to be a claim for accrued benefits.

(c)(1) Any person who applies for or is in receipt of any compensation or pension benefit under laws administered by the Secretary shall, if requested by the Secretary, furnish the Secretary

with the social security number of such person and the social security number of any dependent or beneficiary on whose behalf, or

based upon whom, such person applies for or is in receipt of such

benefit. A person is not required to furnish the Secretary with a

social security number for any person to whom a social security

number has not been assigned.

(2) The Secretary shall deny the application of or terminate the

payment of compensation or pension to a person who fails to furnish the Secretary with a social security number required to be furnished pursuant to paragraph (1) of this subsection. The Secretary

may thereafter reconsider the application or reinstate payment of

compensation or pension, as the case may be, if such person furnishes the Secretary with such social security number.

(3) The costs of administering this subsection shall be paid for

from amounts available to the Department of Veterans Affairs for

the payment of compensation and pension.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1225, § 3001; P.L. 97–295, § 4(95)(A), Oct. 12,

1982, 96 Stat. 1313; P.L. 99–576, § 701(61), Oct. 28, 1986, 100 Stat. 3296; P.L. 101–

508, § 8053(a), Nov. 5, 1990, 104 Stat. 1388–352; renumbered § 5101 and amended

P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–83,

§ 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

§ 5102. Application forms furnished upon request; notice to

claimants of incomplete applications

(a) FURNISHING FORMS.—Upon request made by any person

claiming or applying for, or expressing an intent to claim or apply

for, a benefit under the laws administered by the Secretary, the

Secretary shall furnish such person, free of all expense, all instructions and forms necessary to apply for that benefit.

(b) INCOMPLETE APPLICATIONS.—If a claimant’s application for a

benefit under the laws administered by the Secretary is incomplete,

the Secretary shall notify the claimant and the claimant’s representative, if any, of the information necessary to complete the application.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1225, § 3002; renumbered § 5102, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83, § 4(a)(1), (b)(1), (2)(E),

Aug. 6, 1991, 105 Stat. 403–405; P.L. 106–475, § 3(a), Nov. 9, 2000, 114 Stat. 2096.)

§ 5103. Notice to claimants of required information and evidence

(a) REQUIRED INFORMATION AND EVIDENCE.—Upon receipt of a

complete or substantially complete application, the Secretary shall

notify the claimant and the claimant’s representative, if any, of any

information, and any medical or lay evidence, not previously provided to the Secretary that is necessary to substantiate the claim.

As part of that notice, the Secretary shall indicate which portion
577 CH. 51—CLAIMS, EFFECTIVE DATES, AND PAYMENTS § 5103A

of that information and evidence, if any, is to be provided by the

claimant and which portion, if any, the Secretary, in accordance

with section 5103A of this title and any other applicable provisions

of law, will attempt to obtain on behalf of the claimant.

(b) TIME LIMITATION.—(1) In the case of information or evidence

that the claimant is notified under subsection (a) is to be provided

by the claimant, if such information or evidence is not received by

the Secretary within one year from the date of such notification, no

benefit may be paid or furnished by reason of the claimant’s application.

(2) This subsection shall not apply to any application or claim for

Government life insurance benefits.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1225, § 3003; P.L. 99–570, § 11007(a)(1), Oct.

27, 1986, 100 Stat. 3207–170; renumbered § 5103, P.L. 102–40, § 402(b)(1), May 7,

1991, 105 Stat. 238; amended P.L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105

Stat. 403–405; P.L. 106–475, § 3(a), Nov. 9, 2000, 114 Stat. 2096; P.L. 107–14,

§ 8(a)(12), June 5, 2001, 115 Stat. 35.)

§ 5103A. Duty to assist claimants

(a) DUTY TO ASSIST.—(1) The Secretary shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant’s claim for a benefit under a law administered by the Secretary.

(2) The Secretary is not required to provide assistance to a claimant under this section if no reasonable possibility exists that such

assistance would aid in substantiating the claim.

(3) The Secretary may defer providing assistance under this section pending the submission by the claimant of essential information missing from the claimant’s application.

(b) ASSISTANCE IN OBTAINING RECORDS.—(1) As part of the assistance provided under subsection (a), the Secretary shall make

reasonable efforts to obtain relevant records (including private

records) that the claimant adequately identifies to the Secretary

and authorizes the Secretary to obtain.

(2) Whenever the Secretary, after making such reasonable efforts, is unable to obtain all of the relevant records sought, the Secretary shall notify the claimant that the Secretary is unable to obtain records with respect to the claim. Such a notification shall—

(A) identify the records the Secretary is unable to obtain;

(B) briefly explain the efforts that the Secretary made to obtain those records; and

(C) describe any further action to be taken by the Secretary

with respect to the claim.

(3) Whenever the Secretary attempts to obtain records from a

Federal department or agency under this subsection or subsection

(c), the efforts to obtain those records shall continue until the

records are obtained unless it is reasonably certain that such

records do not exist or that further efforts to obtain those records

would be futile.

(c) OBTAINING RECORDS FOR COMPENSATION CLAIMS.—In the case

of a claim for disability compensation, the assistance provided by

the Secretary under subsection (b) shall include obtaining the following records if relevant to the claim:
§ 5103A CH. 51—CLAIMS, EFFECTIVE DATES, AND PAYMENTS 578

(1) The claimant’s service medical records and, if the claimant has furnished the Secretary information sufficient to locate

such records, other relevant records pertaining to the claimant’s active military, naval, or air service that are held or

maintained by a governmental entity.

(2) Records of relevant medical treatment or examination of

the claimant at Department health-care facilities or at the expense of the Department, if the claimant furnishes information

sufficient to locate those records.

(3) Any other relevant records held by any Federal department or agency that the claimant adequately identifies and authorizes the Secretary to obtain.

(d) MEDICAL EXAMINATIONS FOR COMPENSATION CLAIMS.—(1) In

the case of a claim for disability compensation, the assistance provided by the Secretary under subsection (a) shall include providing

a medical examination or obtaining a medical opinion when such

an examination or opinion is necessary to make a decision on the

claim.

(2) The Secretary shall treat an examination or opinion as being

necessary to make a decision on a claim for purposes of paragraph

(1) if the evidence of record before the Secretary, taking into consideration all information and lay or medical evidence (including

statements of the claimant)—

(A) contains competent evidence that the claimant has a current disability, or persistent or recurrent symptoms of disability; and

(B) indicates that the disability or symptoms may be associated with the claimant’s active military, naval, or air service;

but

(C) does not contain sufficient medical evidence for the Secretary to make a decision on the claim.

(e) REGULATIONS.—The Secretary shall prescribe regulations to

carry out this section.

(f ) RULE WITH RESPECT TO DISALLOWED CLAIMS.—Nothing in

this section shall be construed to require the Secretary to reopen

a claim that has been disallowed except when new and material

evidence is presented or secured, as described in section 5108 of

this title.

(g) OTHER ASSISTANCE NOT PRECLUDED.—Nothing in this section

shall be construed as precluding the Secretary from providing such

other assistance under subsection (a) to a claimant in substantiating a claim as the Secretary considers appropriate.

(Added P.L. 106–475, § 3(a), Nov. 9, 2000, 114 Stat. 2097.)

§ 5104. Decisions and notices of decisions

(a) In the case of a decision by the Secretary under section 511

of this title affecting the provision of benefits to a claimant, the

Secretary shall, on a timely basis, provide to the claimant (and to

the claimant’s representative) notice of such decision. The notice

shall include an explanation of the procedure for obtaining review

of the decision.

(b) In any case where the Secretary denies a benefit sought, the

notice required by subsection (a) shall also include (1) a statement
579 CH. 51—CLAIMS, EFFECTIVE DATES, AND PAYMENTS § 5107

of the reasons for the decision, and (2) a summary of the evidence

considered by the Secretary.

(Added P.L. 101–237, § 115(a)(1), Dec. 18, 1989, 103 Stat. 2065, § 3004; renumbered

§ 5104, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–54,

§ 14(d)(1), June 13, 1991, 105 Stat. 285; P.L. 103–446, § 1201(d)(15), Nov. 2, 1994,

108 Stat. 4684.)

§ 5105. Joint applications for social security and dependency and indemnity compensation

(a) The Secretary and the Commissioner of Social Security shall

jointly prescribe forms for use by survivors of members and former

members of the uniformed services in filing application for benefits

under chapter 13 of this title and title II of the Social Security Act

(42 U.S.C. 401 et seq.). Each such form shall request information

sufficient to constitute an application for benefits under both chapter 13 of this title and title II of the Social Security Act (42 U.S.C.

401 et seq.).

(b) When an application on such a form is filed with either the

Secretary or the Commissioner of Social Security, it shall be

deemed to be an application for benefits under both chapter 13 of

this title and title II of the Social Security Act (42 U.S.C. 401 et

seq.). A copy of each such application filed with either the Secretary or the Commissioner, together with any additional information and supporting documents (or certifications thereof) which

may have been received by the Secretary or the Commissioner with

such application, and which may be needed by the other official in

connection therewith, shall be transmitted by the Secretary or the

Commissioner receiving the application to the other official. The

preceding sentence shall not prevent the Secretary and the Commissioner of Social Security from requesting the applicant, or any

other individual, to furnish such additional information as may be

necessary for purposes of chapter 13 of this title and title II of the

Social Security Act (42 U.S.C. 401 et seq.), respectively.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1226, § 3005; P.L. 97–295, § 4(95)(A), Oct. 12,

1982, 96 Stat. 1313; P.L. 98–160, § 702(16), Nov. 21, 1983, 97 Stat. 1010; renumbered § 5105, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L.

102–83, § 4(b)(9), Aug. 6, 1991, 105 Stat. 405; P.L. 103–296, § 108(k), Aug. 15, 1994,

108 Stat. 1488.)

§ 5106. Furnishing of information by other agencies

The head of any Federal department or agency shall provide such

information to the Secretary as the Secretary may request for purposes of determining eligibility for or amount of benefits, or verifying other information with respect thereto. The cost of providing

information to the Secretary under this section shall be borne by

the department or agency providing the information.

(Added P.L. 94–432, § 403(2), Sept. 30, 1976, 90 Stat. 1372, § 3006; amended P.L.

99–576, § 701(62), Oct. 28, 1986, 100 Stat. 3296; renumbered § 5106, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83, § 4(b)(1), (2)(E), Aug.

6, 1991, 105 Stat. 404, 405; P.L. 106–475, § 5, Nov. 9, 2000, 114 Stat. 2099.)

§ 5107. Claimant responsibility; benefit of the doubt

(a) CLAIMANT RESPONSIBILITY.—Except as otherwise provided by

law, a claimant has the responsibility to present and support a

claim for benefits under laws administered by the Secretary.
§ 5107 CH. 51—CLAIMS, EFFECTIVE DATES, AND PAYMENTS 580

(b) BENEFIT OF THE DOUBT.—The Secretary shall consider all information and lay and medical evidence of record in a case before

the Secretary with respect to benefits under laws administered by

the Secretary. When there is an approximate balance of positive

and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the

doubt to the claimant.

(Added P.L. 100–687, § 103(a)(1), Nov. 18, 1988, 102 Stat. 4106, § 3007; renumbered

§ 5107 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239;

P.L. 102–83, § 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; P.L.

106–475, § 4, Nov. 9, 2000, 114 Stat. 2098.)

§ 5108. Reopening disallowed claims

If new and material evidence is presented or secured with respect to a claim which has been disallowed, the Secretary shall reopen the claim and review the former disposition of the claim.

(Added P.L. 100–687, § 103(a)(1), Nov. 18, 1988, 102 Stat. 4107, § 3008; renumbered

§ 5108, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83,

§ 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 5109. Independent medical opinions

(a) When, in the judgment of the Secretary, expert medical opinion, in addition to that available within the Department, is warranted by the medical complexity or controversy involved in a case

being considered by the Department, the Secretary may secure an

advisory medical opinion from one or more independent medical experts who are not employees of the Department.

(b) The Secretary shall make necessary arrangements with recognized medical schools, universities, or clinics to furnish such advisory medical opinions. Any such arrangement shall provide that

the actual selection of the expert or experts to give the advisory

opinion in an individual case shall be made by an appropriate official of such institution.

(c) The Secretary shall furnish a claimant with notice that an advisory medical opinion has been requested under this section with

respect to the claimant’s case and shall furnish the claimant with

a copy of such opinion when it is received by the Secretary.

(Added P.L. 100–687, § 103(a)(1), Nov. 18, 1988, 102 Stat. 4107, § 3009; renumbered

§ 5109, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83,

§ 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 5109A. Revision of decisions on grounds of clear and

unmistakable error

(a) A decision by the Secretary under this chapter is subject to

revision on the grounds of clear and unmistakable error. If evidence establishes the error, the prior decision shall be reversed or

revised.

(b) For the purposes of authorizing benefits, a rating or other adjudicative decision that constitutes a reversal or revision of a prior

decision on the grounds of clear and unmistakable error has the

same effect as if the decision had been made on the date of the

prior decision.
581 CH. 51—CLAIMS, EFFECTIVE DATES, AND PAYMENTS § 5110

(c) Review to determine whether clear and unmistakable error

exists in a case may be instituted by the Secretary on the Secretary’s own motion or upon request of the claimant.

(d) A request for revision of a decision of the Secretary based on

clear and unmistakable error may be made at any time after that

decision is made.

(e) Such a request shall be submitted to the Secretary and shall

be decided in the same manner as any other claim.

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

SUBCHAPTER II—EFFECTIVE DATES

§ 5110. Effective dates of awards

(a) Unless specifically provided otherwise in this chapter, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension,

shall be fixed in accordance with the facts found, but shall not be

earlier than the date of receipt of application therefor.

(b)(1) The effective date of an award of disability compensation

to a veteran shall be the day following the date of discharge or release if application therefor is received within one year from such

date of discharge or release.

(2) The effective date of an award of increased compensation

shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within

one year from such date.

(3)(A) The effective date of an award of disability pension to a

veteran described in subparagraph (B) of this paragraph shall be

the date of application or the date on which the veteran became

permanently and totally disabled, if the veteran applies for a retroactive award within one year from such date, whichever is to the

advantage of the veteran.

(B) A veteran referred to in subparagraph (A) of this paragraph

is a veteran who is permanently and totally disabled and who is

prevented by a disability from applying for disability pension for a

period of at least 30 days beginning on the date on which the veteran became permanently and totally disabled.

(c) The effective date of an award of disability compensation by

reason of section 1151 of this title shall be the date such injury or

aggravation was suffered if an application therefor is received within one year from such date.

(d)(1) The effective date of an award of death compensation or

dependency and indemnity compensation for which application is

received within one year from the date of death shall be the first

day of the month in which the death occurred.

(2) The effective date of an award of death pension for which application is received within 45 days from the date of death shall be

the first day of the month in which the death occurred.

(e)(1) Except as provided in paragraph (2) of this subsection, the

effective date of an award of dependency and indemnity compensation to a child shall be the first day of the month in which the

child’s entitlement arose if application therefor is received within

one year from such date.
§ 5110 CH. 51—CLAIMS, EFFECTIVE DATES, AND PAYMENTS 582

(2) In the case of a child who is eighteen years of age or over and

who immediately before becoming eighteen years of age was counted under section 1311(b) of this title in determining the amount of

the dependency and indemnity compensation of a surviving spouse,

the effective date of an award of dependency and indemnity compensation to such child shall be the date the child attains the age

of eighteen years if application therefor is received within one year

from such date.

(f) An award of additional compensation on account of dependents based on the establishment of a disability rating in the percentage evaluation specified by law for the purpose shall be payable from the effective date of such rating; but only if proof of dependents is received within one year from the date of notification

of such rating action.

(g) Subject to the provisions of section 5101 of this title, where

compensation, dependency and indemnity compensation, or pension

is awarded or increased pursuant to any Act or administrative

issue, the effective date of such award or increase shall be fixed in

accordance with the facts found but shall not be earlier than the

effective date of the Act or administrative issue. In no event shall

such award or increase be retroactive for more than one year from

the date of application therefor or the date of administrative determination of entitlement, whichever is earlier.

(h) Where an award of pension has been deferred or pension has

been awarded at a rate based on anticipated income for a year and

the claimant later establishes that income for that year was at a

rate warranting entitlement or increased entitlement, the effective

date of such entitlement or increase shall be fixed in accordance

with the facts found if satisfactory evidence is received before the

expiration of the next calendar year.

(i) Whenever any disallowed claim is reopened and thereafter allowed on the basis of new and material evidence resulting from the

correction of the military records of the proper service department

under section 1552 of title 10, or the change, correction, or modification of a discharge or dismissal under section 1553 of title 10,

or from other corrective action by competent authority, the effective

date of commencement of the benefits so awarded shall be the date

on which an application was filed for correction of the military

record or for the change, modification, or correction of a discharge

or dismissal, as the case may be, or the date such disallowed claim

was filed, whichever date is the later, but in no event shall such

award of benefits be retroactive for more than one year from the

date of reopening of such disallowed claim. This subsection shall

not apply to any application or claim for Government life insurance

benefits.

(j) Where a report or a finding of death of any person in the active military, naval, or air service has been made by the Secretary

concerned, the effective date of an award of death compensation,

dependency and indemnity compensation, or death pension, as applicable, shall be the first day of the month fixed by that Secretary

as the month of death in such report or finding, if application

therefor is received within one year from the date such report or

finding has been made; however, such benefits shall not be payable

to any person for any period for which such person has received,
583 CH. 51—CLAIMS, EFFECTIVE DATES, AND PAYMENTS § 5111

or was entitled to receive, an allowance, allotment, or service pay

of the deceased.

(k) The effective date of the award of benefits to a surviving

spouse or of an award or increase of benefits based on recognition

of a child, upon annulment of a marriage shall be the date the judicial decree of annulment becomes final if a claim therefor is filed

within one year from the date the judicial decree of annulment becomes final; in all other cases the effective date shall be the date

the claim is filed.

(l) The effective date of an award of benefits to a surviving

spouse based upon a termination of a remarriage by death or divorce, or of an award or increase of benefits based on recognition

of a child upon termination of the child’s marriage by death or divorce, shall be the date of death or the date the judicial decree or

divorce becomes final, if an application therefor is received within

one year from such termination.

[(m) Repealed.]

(n) The effective date of the award of any benefit or any increase

therein by reason of marriage or the birth or adoption of a child

shall be the date of such event if proof of such event is received

by the Secretary within one year from the date of the marriage,

birth, or adoption.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1226, § 3010; P.L. 87–674, § 3, Sept. 19, 1962,

76 Stat. 558; P.L. 87–825, § 1, Oct. 15, 1962, 76 Stat. 948; P.L. 91–376, § 7, Aug.

12, 1970, 84 Stat. 790; P.L. 91–584, § 13, Dec. 24, 1970, 84 Stat. 1578; P.L. 93–177,

§ 6(a), Dec. 6, 1973, 87 Stat. 696; P.L. 93–527, § 9(b), Dec. 21, 1974, 88 Stat. 1705;

P.L. 94–71, § 104, Aug. 5, 1975, 89 Stat. 396; P.L. 97–66, § 204(b), Oct. 17, 1981,

95 Stat. 1029; P.L. 98–160, § 703(1), Nov. 21, 1983, 97 Stat. 1010; P.L. 98–223,

§ 213(3), Mar. 2, 1984, 98 Stat. 46; P.L. 98–369, § 2501(a), July 18, 1984, 98 Stat.

1116; P.L. 99–576, § 701(63), Oct. 28, 1986, 100 Stat. 3296; renumbered § 5110 and

amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102– 83, §§ 4(a)(2)(A)(vi), (b)(4)(B), 5(c)(1), Aug. 6, 1991, 105 Stat. 403, 405, 406; P.L. 103– 446, § 1201(i)(8), Nov. 2, 1994, 108 Stat. 4688.)

§ 5111. Commencement of period of payment

(a) Notwithstanding section 5110 of this title or any other provision of law and except as provided in subsection (c) of this section,

payment of monetary benefits based on an award or an increased

award of compensation, dependency and indemnity compensation,

or pension may not be made to an individual for any period before

the first day of the calendar month following the month in which

the award or increased award became effective as provided under

section 5110 of this title or such other provision of law.

(b)(1) Except as provided in paragraph (2) of this subsection, during the period between the effective date of an award or increased

award as provided under section 5110 of this title or other provision of law and the commencement of the period of payment based

on such award as provided under subsection (a) of this section, an

individual entitled to receive monetary benefits shall be deemed to

be in receipt of such benefits for the purpose of all laws administered by the Secretary.

(2) If any person who is in receipt of retired or retirement pay

would also be eligible to receive compensation or pension upon the

filing of a waiver of such pay in accordance with section 5305 of

this title, such waiver shall not become effective until the first day

of the month following the month in which such waiver is filed, and
§ 5111 CH. 51—CLAIMS, EFFECTIVE DATES, AND PAYMENTS 584

nothing in this section shall prohibit the receipt of retired or retirement pay for any period before such effective date.

(c)(1) This section shall apply to payments made pursuant to section 5310 of this title only if the monthly amount of dependency

and indemnity compensation or pension payable to the surviving

spouse is greater than the amount of compensation or pension the

veteran would have received, but for such veteran’s death, for the

month in which such veteran’s death occurred.

(2) In the case of a temporary increase in compensation for hospitalization or treatment where such hospitalization or treatment

commences and terminates within the same calendar month, the

period of payment shall commence on the first day of such month.

(d) For the purposes of this section, the term ‘‘award or increased

award’’ means—

(1) an original or reopened award; or

(2) an award that is increased because of an added dependent, increase in disability or disability rating, or reduction in

income.

(Added P.L. 97–253, § 401(a)(1), Sept. 8, 1982, 96 Stat. 801, § 3011; amended P.L.

98–223, § 113, Mar. 2, 1984, 98 Stat. 40; renumbered § 5111 and amended P.L. 102–

40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–83, § 4(a)(1), Aug.

6, 1991, 105 Stat. 403.)

§ 5112. Effective dates of reductions and discontinuances

(a) Except as otherwise specified in this section, the effective date

of reduction or discontinuance of compensation, dependency and indemnity compensation, or pension shall be fixed in accordance with

the facts found.

(b) The effective date of a reduction or discontinuance of compensation, dependency and indemnity compensation, or pension—

(1) by reason of marriage or remarriage, or death of a payee

shall be the last day of the month before such marriage, remarriage, or death occurs;

(2) by reason of marriage, annulment, divorce, or death of a

dependent of a payee shall be the last day of the month in

which such marriage, annulment, divorce, or death occurs;

(3) by reason of receipt of active service pay or retirement

pay shall be the day before the date such pay began;

(4) by reason of—

(A) change in income shall (except as provided in section

5312 of this title) be the last day of the month in which

the change occurred; and

(B) change in corpus of estate shall be the last day of the

calendar year in which the change occurred;

(5) by reason of a change in disability or employability of a

veteran in receipt of pension shall be the last day of the month

in which discontinuance of the award is approved;

(6) by reason of change in law or administrative issue,

change in interpretation of a law or administrative issue, or,

for compensation purposes, a change in service-connected or

employability status or change in physical condition shall be

the last day of the month following sixty days from the date

of notice to the payee (at the payee’s last address of record) of

the reduction or discontinuance;
585 CH. 51—CLAIMS, EFFECTIVE DATES, AND PAYMENTS § 5113

(7) by reason of the discontinuance of school attendance of a

payee or a dependent of a payee shall be the last day of the

month in which such discontinuance occurred;

(8) by reason of termination of a temporary increase in compensation for hospitalization or treatment shall be the last day

of the month in which the hospital discharge or termination of

treatment occurred, whichever is earlier;

(9) by reason of an erroneous award based on an act of commission or omission by the beneficiary, or with the beneficiary’s knowledge, shall be the effective date of the award;

and

(10) by reason of an erroneous award based solely on administrative error or error in judgment shall be the date of last

payment.

[(c) Repealed. P.L. 107–103, § 204(b)(2).]

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1227, § 3012; P.L. 87–825, § 2, Oct. 15, 1962,

76 Stat. 949; P.L. 89–730, § 3, Nov. 2, 1966, 80 Stat. 1159; P.L. 90–275, § 5, Mar.

28, 1968, 82 Stat. 68; P.L. 92–198, § 3, Dec. 15, 1971, 85 Stat. 664; P.L. 94–433,

§ 402, Sept. 30, 1976, 90 Stat. 1378; P.L. 95–588, § 303, Nov. 4, 1978, 92 Stat. 2506;

P.L. 97–253, § 402(a), Sept. 8, 1982, 96 Stat. 802; P.L. 99–576, § 503, § 701(64), Oct.

28, 1986, 100 Stat. 3286, 3296; renumbered § 5112 and amended P.L. 102–40,

§ 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 107–103, § 204(b)(2), Dec.

27, 2001, 115 Stat. 990.)

§ 5113. Effective dates of educational benefits

(a) Except as provided in subsections (b) and(c), effective dates

relating to awards under chapters 30, 31, 32, 34, and 35 of this

title or chapter 106 of title 10 shall, to the extent feasible, correspond to effective dates relating to awards of disability compensation.

(b)(1) When determining the effective date of an award under

chapter 35 of this title for an individual described in paragraph (2)

based on an original claim, the Secretary may consider the individual’s application as having been filed on the eligibility date of the

individual if that eligibility date is more than one year before the

date of the initial rating decision.

(2) An individual referred to in paragraph (1) is an eligible person who—

(A) submits to the Secretary an original application for educational assistance under chapter 35 of this title within one

year of the date that the Secretary makes the rating decision;

(B) claims such educational assistance for pursuit of an approved program of education during a period preceding the

one-year period ending on the date on which the application

was received by the Secretary; and

(C) would have been entitled to such educational assistance

for such course pursuit if the individual had submitted such an

application on the individual’s eligibility date.

(3) In this subsection:

(A) The term ‘‘eligibility date’’ means the date on which an

individual becomes an eligible person.

(B) The term ‘‘eligible person’’ has the meaning given that

term under section 3501(a)(1) of this title under subparagraph

(A)(i), (A)(ii), (B), or (D) of such section by reason of either (i)

the service-connected death or (ii) service-connected total dis-
§ 5113 CH. 51—CLAIMS, EFFECTIVE DATES, AND PAYMENTS 586

ability permanent in nature of the veteran from whom such eligibility is derived.

(C) The term ‘‘initial rating decision’’ means with respect to

an eligible person a decision made by the Secretary that establishes (i) service connection for such veteran’s death or (ii) the

existence of such veteran’s service-connected total disability

permanent in nature, as the case may be.

(c) The effective date of an adjustment of benefits under any

chapter referred to in subsection (a) of this section, if made on the

basis of a certification made by the veteran or person and accepted

by the Secretary under section 3680(g) of this title, shall be the

date of the change.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1227, § 3013; P.L. 89–358, § 4(p), Mar. 3, 1966,

80 Stat. 25; P.L. 99–576, § 321(10), Oct. 28, 1986, 100 Stat. 3278; P.L. 100–322,

§ 323, May 20, 1988, 102 Stat. 536; P.L. 101–237, § 419, Dec. 18, 1989, 103 Stat.

2087; P.L. 102–16, § 10(a)(9), Mar. 22, 1991, 105 Stat. 56; renumbered § 5113, P.L.

102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83, § 5(c)(1), Aug.

6, 1991, 105 Stat. 406; P.L. 106–419, § 113(a), Nov. 1, 2000, 114 Stat. 1832.)

SUBCHAPTER III—PAYMENT OF BENEFITS

§ 5120. Payment of benefits; delivery

(a) Monetary benefits under laws administered by the Secretary

shall be paid by checks drawn, pursuant to certification by the Secretary, in such form as to protect the United States against loss,

and payable by the Treasurer of the United States. Such checks

shall be payable without separate vouchers or receipts except in

any case in which the Secretary may consider a voucher necessary

for the protection of the Government. Such checks shall be transmitted by mail to the payee thereof at the payee’s last known address and, if the payee has moved and filed a regular change of address notice with the United States Postal Service, shall be forwarded to the payee. The envelope or cover of each such checks

shall bear on the face thereof the following notice: ‘‘POSTMASTER:

PLEASE FORWARD if addressee has moved and filed a regular

change-of-address notice. If addressee is deceased, return the letter

with date of death, if known.’’

(b) Postmasters, delivery clerks, letter carriers, and all other

postal employees are prohibited from delivering any mail addressed

by the United States and containing any such check to any person

whomsoever if such person has died or in the case of a surviving

spouse, if the postal employee believes that the surviving spouse

has remarried (unless the mail is addressed to the surviving spouse

in the name the surviving spouse has acquired by the remarriage).

The preceding sentence shall apply in the case of checks in payment of benefits other than pension, compensation, dependency and

indemnity compensation, and insurance, only insofar as the Secretary deems it necessary to protect the United States against loss.

(c) Whenever mail is not delivered because of the prohibition of

subsection (b), such mail shall be returned forthwith by the postmaster with a statement of the reason for so doing, and if because

of death or remarriage, the date thereof, if known. Checks returned

under this subsection because of death or remarriage shall be canceled.
587 CH. 51—CLAIMS, EFFECTIVE DATES, AND PAYMENTS § 5121

(d) Notwithstanding subsection (a) of this section, pursuant to an

agreement with the Department of the Treasury under which the

Secretary certifies such benefits for payment, monetary benefits

under laws administered by the Secretary may be paid other than

by check upon the written request of the person to whom such benefits are to be paid, if such noncheck payment is determined by the

Secretary to be in the best interest of such payees and the management of monetary benefits programs by the Department.

(e) Whenever the first day of any calendar month falls on a Saturday, Sunday, or legal public holiday (as defined in section 6103

of title 5), the Secretary shall, to the maximum extent practicable,

certify benefit payments for such month in such a way that such

payments will be delivered by mail, or transmitted for credit to the

payee’s account pursuant to subsection (d) of this section, on the

Friday immediately preceding such Saturday or Sunday, or in the

case of a legal holiday, the weekday (other than Saturday) immediately preceding such legal public holiday, notwithstanding that

such delivery or transmission of such payments is made in the

same calendar month for which such payments are issued.

(f)(1) In the case of a payee who does not have a mailing address,

payments of monetary benefits under laws administered by the

Secretary shall be delivered under an appropriate method prescribed pursuant to paragraph (2) of this subsection.

(2) The Secretary shall prescribe an appropriate method or methods for the delivery of payments of monetary benefits under laws

administered by the Secretary in cases described in paragraph (1)

of this subsection. To the maximum extent practicable, such method or methods shall be designed to ensure the delivery of payments

in such cases.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1227, § 3020; P.L. 95–117, § 402(a), (b)(1), Oct.

3, 1977, 91 Stat. 1065, 1066; P.L. 97–295, § 4(73), Oct. 12, 1982, 96 Stat. 1310; P.L.

99–570, § 11007(a)(2), Oct. 27, 1986, 100 Stat. 3207–170; P.L. 99–576, § 701(65), Oct.

28, 1986, 100 Stat. 3296; renumbered § 5120, P.L. 102–40, § 402(b)(1), May 7, 1991,

105 Stat. 238; amended P.L. 102–83, § 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991,

105 Stat. 403–405.)

§ 5121. Payment of certain accrued benefits upon death of a

beneficiary

(a) Except as provided in sections 3329 and 3330 of title 31, periodic monetary benefits (other than insurance and servicemen’s indemnity) under laws administered by the Secretary to which an individual was entitled at death under existing ratings or decisions,

or those based on evidence in the file at date of death (hereinafter

in this section and section 5122 of this title referred to as ‘‘accrued

benefits’’) and due and unpaid for a period not to exceed two years,

shall, upon the death of such individual be paid as follows:

(1) Upon the death of a person receiving an apportioned

share of benefits payable to a veteran, all or any part of such

benefits to the veteran or to any other dependent or dependents of the veteran, as may be determined by the Secretary;

(2) Upon the death of a veteran, to the living person first

listed below:

(A) The veteran’s spouse;

(B) The veteran’s children (in equal shares);

(C) The veteran’s dependent parents (in equal shares);
§ 5121 CH. 51—CLAIMS, EFFECTIVE DATES, AND PAYMENTS 588

(3) Upon the death of a surviving spouse or remarried surviving spouse, to the children of the deceased veteran;

(4) Upon the death of a child, to the surviving children of the

veteran who are entitled to death compensation, dependency

and indemnity compensation, or death pension; and

(5) In all other cases, only so much of the accrued benefits

may be paid as may be necessary to reimburse the person who

bore the expense of last sickness and burial.

(b) No part of any accrued benefits shall be used to reimburse

any political subdivision of the United States for expenses incurred

in the last sickness or burial of any beneficiary.

(c) Applications for accrued benefits must be filed within one

year after the date of death. If a claimant’s application is incomplete at the time it is originally submitted, the Secretary shall notify the claimant of the evidence necessary to complete the application. If such evidence is not received within one year from the date

of such notification, no accrued benefits may be paid.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1228, § 3021; P.L. 92–328, § 105(b), June 30,

1972, 86 Stat. 395; P.L. 97–258, § 3(k)(4), Sept. 13, 1982, 96 Stat. 1065; P.L. 98–

160, § 703(1), Nov. 21, 1983, 97 Stat. 1010; P.L. 99–576, § 701(66), Oct. 28, 1986,

100 Stat. 3296; renumbered § 5121 and amended P.L. 102–40, § 402(b)(1), (d)(1),

May 7, 1991, 105 Stat. 238, 239; P.L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991,

105 Stat. 403–405; P.L. 104–275, § 507, Oct. 9, 1996, 110 Stat. 3343; P.L. 107–14,

§ 8(a)(16), June 5, 2001, 115 Stat. 35.)

§ 5122. Cancellation of checks mailed to deceased payees

A check received by a payee in payment of accrued benefits shall,

if the payee died on or after the last day of the period covered by

the check, be returned to the issuing office and canceled, unless negotiated by the payee or the duly appointed representative of the

payee’s estate. The amount represented by such check, or any

amount recovered by reason of improper negotiation of any such

check, shall be payable in the manner provided in section 5121 of

this title, without regard to section 5121(c) of this title. Any

amount not paid in the manner provided in section 5121 of this

title shall be paid to the estate of the deceased payee unless the

estate will escheat.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1229, § 3022; P.L. 99–576, § 701(67), Oct. 28,

1986, 100 Stat. 3296; renumbered § 5122 and amended P.L. 102–40, § 402(b)(1),

(d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 104–316, § 202(t), Oct. 19, 1996, 110

Stat. 3845.)

§ 5123. Rounding down of pension rates

The monthly or other periodic rate of pension payable to an individual under section 1521, 1541, or 1542 of this title or under section 306(a) of the Veterans’ and Survivors’ Pension Improvement

Act of 1978 (Public Law 95–588), if not a multiple of $1, shall be

rounded down to the nearest dollar.

(Added P.L. 97–253, § 403(a)(1), Sept. 8, 1982, 96 Stat. 802, § 3023; renumbered

§ 5123, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83,

§ 5(c)(1), Aug. 6, 1991, 105 Stat. 406.)
589 CH. 51—CLAIMS, EFFECTIVE DATES, AND PAYMENTS § 5126

§ 5124. Acceptance of claimant’s statement as proof of relationship

(a) For purposes of benefits under laws administered by the Secretary, the Secretary may accept the written statement of a claimant as proof of the existence of any relationship specified in subsection (b) for the purpose of acting on such individual’s claim for

benefits.

(b) Subsection (a) applies to proof of the existence of any of the

following relationships between a claimant and another person:

(1) Marriage.

(2) Dissolution of a marriage.

(3) Birth of a child.

(4) Death of any family member.

(c) The Secretary may require the submission of documentation

in support of the claimant’s statement if—

(1) the claimant does not reside within a State;

(2) the statement on its face raises a question as to its validity;

(3) there is conflicting information of record; or

(4) there is reasonable indication, in the statement or otherwise, of fraud or misrepresentation.

(Added P.L. 103–446, § 301(a), Nov. 2, 1994, 108 Stat. 4657.)

§ 5125. Acceptance of reports of private physician examinations

For purposes of establishing any claim for benefits under chapter

11 or 15 of this title, a report of a medical examination administered by a private physician that is provided by a claimant in support of a claim for benefits under that chapter may be accepted

without a requirement for confirmation by an examination by a

physician employed by the Veterans Health Administration if the

report is sufficiently complete to be adequate for the purpose of adjudicating such claim.

(Added P.L. 103–446, § 301(b), Nov. 2, 1994, 108 Stat. 4658.)

§ 5126. Benefits not to be denied based on lack of mailing address

Benefits under laws administered by the Secretary may not be

denied a claimant on the basis that the claimant does not have a

mailing address.

(Added P.L. 106–475, § 3(b), Nov. 9, 2000, 114 Stat. 2098.)
(590)

CHAPTER 53—SPECIAL PROVISIONS RELATING TO

BENEFITS

Sec.

5301. Nonassignability and exempt status of benefits.

5302. Waiver of recovery of claims by the United States.

5303. Certain bars to benefits.

5303A. Minimum active-duty service requirement.

5304. Prohibition against duplication of benefits.

5305. Waiver of retired pay.

5306. Renouncement of right to benefits.

5307. Apportionment of benefits.

5308. Withholding benefits of persons in territory of the enemy.

5309. Payment of certain withheld benefits.

5310. Payment of benefits for month of death.

5311. Prohibition of certain benefit payments.

5312. Annual adjustment of certain benefit rates.

5313. Limitation on payment of compensation and dependency and indemnity

compensation to persons incarcerated for conviction of a felony.

5313A. Limitation on payment of clothing allowance to incarcerated veterans.

5313B. Prohibition on providing certain benefits with respect to persons who are

fugitive felons.

5314. Indebtedness offsets.

5315. Interest and administrative cost charges on delinquent payments of certain amounts due the United States.

5316. Authority to sue to collect certain debts.

5317. Use of income information from other agencies: notice and verification.

5318. Review of Department of Health and Human Services death information.

5319. Limitations on access to financial records.

§ 5301. Nonassignability and exempt status of benefits

(a) Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the

extent specifically authorized by law, and such payments made to,

or on account of, a beneficiary shall be exempt from taxation, shall

be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary. The

preceding sentence shall not apply to claims of the United States

arising under such laws nor shall the exemption therein contained

as to taxation extend to any property purchased in part or wholly

out of such payments. The provisions of this section shall not be

construed to prohibit the assignment of insurance otherwise authorized under chapter 19 of this title, or of servicemen’s indemnity. For the purposes of this subsection, in any case where a payee

of an educational assistance allowance has designated the address

of an attorney-in-fact as the payee’s address for the purpose of receiving a benefit check and has also executed a power of attorney

giving the attorney-in-fact authority to negotiate such benefit

check, such action shall be deemed to be an assignment and is prohibited.
591 CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS § 5301

(b) This section shall prohibit the collection by setoff or otherwise

out of any benefits payable pursuant to any law administered by

the Secretary and relating to veterans, their estates, or their dependents, of any claim of the United States or any agency thereof

against (1) any person other than the indebted beneficiary or the

beneficiary’s estate; or (2) any beneficiary or the beneficiary’s estate except amounts due the United States by such beneficiary or

the beneficiary’s estate by reason of overpayments or illegal payments made under such laws to such beneficiary or the beneficiary’s estate or to the beneficiary’s dependents as such. If the

benefits referred to in the preceding sentence are insurance payable by reason of yearly renewable term insurance, United States

Government life insurance, or National Service Life Insurance

issued by the United States, the exemption provided in this section

shall not apply to indebtedness existing against the particular insurance contract upon the maturity of which the claim is based,

whether such indebtedness is in the form of liens to secure unpaid

premiums or loans, or interest on such premiums or loans, or indebtedness arising from overpayments of dividends, refunds, loans,

or other insurance benefits.

(c)(1) Notwithstanding any other provision of this section, the

Secretary may, after receiving a request under paragraph (2) of

this subsection relating to a veteran, collect by offset of any compensation or pension payable to the veteran under laws administered by the Secretary the uncollected portion of the amount of any

indebtedness associated with the veteran’s participation in a plan

prescribed in chapter 73 of title 10.

(2) If the Secretary concerned (as defined in section 101(5) of title

37) has tried under section 3711(a) of title 31 to collect an amount

described in paragraph (1) of this subsection in the case of any veteran, has been unable to collect such amount, and has determined

that the uncollected portion of such amount is not collectible from

amounts payable by that Secretary to the veteran or that the veteran is not receiving any payment from that Secretary, that Secretary may request the Secretary to make collections in the case

of such veteran as authorized in paragraph (1) of this subsection.

(3)(A) A collection authorized by paragraph (1) of this subsection

shall be conducted in accordance with the procedures prescribed in

section 3716 of title 31 for administrative offset collections made

after attempts to collect claims under section 3711(a) of such title.

(B) For the purposes of subparagraph (A) of this paragraph, as

used in the second sentence of section 3716(a) of title 31—

(i) the term ‘‘records of the agency’’ shall be considered to

refer to the records of the department of the Secretary concerned; and

(ii) the term ‘‘agency’’ in clauses (3) and (4) shall be considered to refer to such department.

(4) Funds collected under this subsection shall be credited to the

Department of Defense Military Retirement Fund under chapter 74

of title 10 or to the Retired Pay Account of the Coast Guard, as appropriate.

(d) Notwithstanding subsection (a) of this section, payments of

benefits under laws administered by the Secretary shall not be ex-
§ 5301 CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS 592

empt from levy under subchapter D of chapter 64 of the Internal

Revenue Code of 1986 (26 U.S.C. 6331 et seq.).

(e) In the case of a person who— (1) has been determined to be eligible to receive pension or

compensation under laws administered by the Secretary but

for the receipt by such person of pay pursuant to any provision

of law providing retired or retirement pay to members or

former members of the Armed Forces or commissioned officers

of the National Oceanic and Atmospheric Administration or of

the Public Health Service; and

(2) files a waiver of such pay in accordance with section 5305

of this title in the amount of such pension or compensation before the end of the one-year period beginning on the date such

person is notified by the Secretary of such person’s eligibility

for such pension or compensation,

the retired or retirement pay of such person shall be exempt from

taxation, as provided in subsection (a) of this section, in an amount

equal to the amount of pension or compensation which would have

been paid to such person but for the receipt by such person of such

pay.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1229, § 3101; P.L. 94–502, § 701, Oct. 15, 1976,

90 Stat. 2405; P.L. 95–479, § 301, Oct. 18, 1978, 92 Stat. 1564; P.L. 97–295, § 4(74),

Oct. 12, 1982, 96 Stat. 1310; P.L. 99–576, § 504, § 701(68), Oct. 28, 1986, 100 Stat.

3286, 3296; P.L. 101–189, § 1404(b)(2), Nov. 29, 1989, 103 Stat. 1586; P.L. 102–25,

§ 705(c)(2), Apr. 6, 1991, 105 Stat. 120; renumbered § 5301 and amended P.L. 102– 40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–54, § 14(d)(2), June

13, 1991, 105 Stat. 285; P.L. 102–83, § 4(a)(1), (2)(A)(vii), (b)(1), (2)(E), (4)(C), Aug.

6, 1991, 105 Stat. 403–405; P.L. 102–86, § 505(a), Aug. 14, 1991, 105 Stat. 426.)

§ 5302. Waiver of recovery of claims by the United States

(a) There shall be no recovery of payments or overpayments (or

any interest thereon) of any benefits under any of the laws administered by the Secretary whenever the Secretary determines that

recovery would be against equity and good conscience, if an application for relief is made within 180 days from the date of notification of the indebtedness by the Secretary to the payee, or within

such longer period as the Secretary determines is reasonable in a

case in which the payee demonstrates to the satisfaction of the Secretary that such notification was not actually received by such

payee within a reasonable period after such date. The Secretary

shall include in the notification to the payee a statement of the

right of the payee to submit an application for a waiver under this

subsection and a description of the procedures for submitting the

application.

(b) With respect to any loan guaranteed, insured, or made under

chapter 37 of this title, the Secretary shall, except as provided in

subsection (c) of this section, waive payment of an indebtedness to

the Department by the veteran (as defined in sections 101, 3701,

and 3702(a)(2)(C)(ii) of this title), or the veteran’s spouse, following

default and loss of the property, where the Secretary determines

that collection of such indebtedness would be against equity and

good conscience. An application for relief under this subsection

must be made within one year after the date on which the veteran

receives notice by certified mail with return receipt requested from

the Secretary of the indebtedness. The Secretary shall include in
593 CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS § 5303

the notification a statement of the right of the veteran to submit

an application for a waiver under this subsection and a description

of the procedures for submitting the application.

(c) The recovery of any payment or the collection of any indebtedness (or any interest thereon) may not be waived under this section

if, in the Secretary’s opinion, there exists in connection with the

claim for such waiver an indication of fraud, misrepresentation, or

bad faith on the part of the person or persons having an interest

in obtaining a waiver of such recovery or the collection of such indebtedness (or any interest thereon).

(d) No certifying or disbursing officer shall be liable for any

amount paid to any person where the recovery of such amount is

waived under subsection (a) or (b).

(e) Where the recovery of a payment or overpayment made from

the National Service Life Insurance Fund or United States Government Life Insurance Fund is waived under this section, the fund

from which the payment was made shall be reimbursed from the

National Service Life Insurance appropriation or the military and

naval insurance appropriation, as applicable.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1230, § 3102; P.L. 92–328, § 202(a), June 30,

1972, 86 Stat. 396; P.L. 96–466, § 605(c)(3), Oct. 17, 1980, 94 Stat. 2211; P.L. 97–

306, § 407(a), Oct. 14, 1982, 96 Stat. 1445; P.L. 99–576, § 701(69), Oct. 28, 1986, 100

Stat. 3296; P.L. 101–237, § 311, Dec. 18, 1989, 103 Stat. 2075; renumbered § 5302,

P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–54, § 5, June 13, 1991,

105 Stat. 268; P.L. 102–83, §§ 4(a)(1), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105

Stat. 403–406; P.L. 102–547, § 12, Oct. 28, 1992, 106 Stat. 3645; P.L. 105–33, Aug.

5, 1997, 111 Stat. 669, § 8033(b).)

§ 5303. Certain bars to benefits

(a) The discharge or dismissal by reason of the sentence of a general court-martial of any person from the Armed Forces, or the discharge of any such person on the ground that such person was a

conscientious objector who refused to perform military duty or refused to wear the uniform or otherwise to comply with lawful orders of competent military authority, or as a deserter, or on the

basis of an absence without authority from active duty for a continuous period of at least one hundred and eighty days if such person

was discharged under conditions other than honorable unless such

person demonstrates to the satisfaction of the Secretary that there

are compelling circumstances to warrant such prolonged unauthorized absence, or of an officer by the acceptance of such officer’s resignation for the good of the service, or (except as provided in subsection (c)) the discharge of any individual during a period of hostilities as an alien, shall bar all rights of such person under laws

administered by the Secretary based upon the period of service

from which discharged or dismissed, notwithstanding any action

subsequent to the date of such discharge by a board established

pursuant to section 1553 of title 10.

(b) Notwithstanding subsection (a), if it is established to the satisfaction of the Secretary that, at the time of the commission of an

offense leading to a person’s court-martial, discharge, or resignation, that person was insane, such person shall not be precluded

from benefits under laws administered by the Secretary based upon

the period of service from which such person was separated.
§ 5303 CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS 594

(c) Subsection (a) shall not apply to any alien whose service was

honest and faithful, and who was not discharged on the individual’s

own application or solicitation as an alien. No individual shall be

considered as having been discharged on the individual’s own application or solicitation as an alien in the absence of affirmative

evidence establishing that the individual was so discharged.

(d) This section shall not apply to any war-risk insurance, Government (converted) or National Service Life Insurance policy.

(e)(1) Notwithstanding any other provision of law, (A) no benefits

under laws administered by the Secretary shall be provided, as a

result of a change in or new issuance of a discharge under section

1553 of title 10, except upon a case-by-case review by the board of

review concerned, subject to review by the Secretary concerned,

under such section, of all the evidence and factors in each case

under published uniform standards (which shall be historically consistent with criteria for determining honorable service and shall

not include any criterion for automatically granting or denying

such change or issuance) and procedures generally applicable to all

persons administratively discharged or released from active military, naval, or air service under other than honorable conditions;

and (B) any such person shall be afforded an opportunity to apply

for such review under such section 1553 for a period of time terminating not less than one year after the date on which such uniform

standards and procedures are promulgated and published.

(2) Notwithstanding any other provision of law—

(A) no person discharged or released from active military,

naval, or air service under other than honorable conditions

who has been awarded a general or honorable discharge under

revised standards for the review of discharges, (i) as implemented by the President’s directive of January 19, 1977, initiating further action with respect to the President’s Proclamation 4313 of September 16, 1974, (ii) as implemented on or

after April 5, 1977, under the Department of Defense’s special

discharge review program, or (iii) as implemented subsequent

to April 5, 1977, and not made applicable to all persons administratively discharged or released from active military, naval,

or air service under other than honorable conditions, shall be

entitled to benefits under laws administered by the Secretary

except upon a determination, based on a case-by-case review,

under standards (meeting the requirements of paragraph (1) of

this subsection) applied by the board of review concerned

under section 1553 of title 10, subject to review by the Secretary concerned, that such person would be awarded an upgraded discharge under such standards; and

(B) such determination shall be made by such board (i) on

an expedited basis after notification by the Department to the

Secretary concerned that such person has received, is in receipt

of, or has applied for such benefits or after a written request

is made by such person or such determination, (ii) on its own

initiative before October 9, 1978, in any case where a general

or honorable discharge has been awarded before October 9,

1977, under revised standards referred to in clause (A)(i), (ii),

or (iii) of this paragraph, or (iii) on its own initiative at the

time a general or honorable discharge is so awarded in any
595 CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS § 5303A

case where a general or honorable discharge is awarded after

October 8, 1977.

If such board makes a preliminary determination that such person

would not have been awarded an upgraded discharge under standards meeting the requirements of paragraph (1) of this subsection,

such person shall be entitled to an appearance before the board, as

provided for in section 1553(c) of title 10, prior to a final determination on such question and shall be given written notice by the

board of such preliminary determination and of the right to such

appearance. The Secretary shall, as soon as administratively feasible, notify the appropriate board of review of the receipt of benefits under laws administered by the Secretary, or of the application

for such benefits, by any person awarded an upgraded discharge

under revised standards referred to in clause (A)(i), (ii), or (iii) of

this paragraph with respect to whom a favorable determination has

not been made under this paragraph.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1230, § 3103; P.L. 86–113, July 28, 1959, 73

Stat. 262; P.L. 95–126, § 1(a), Oct. 8, 1977, 91 Stat. 1106; P.L. 97–295, § 4(75), Oct.

12, 1982, 96 Stat. 1310; P.L. 99–576, § 701(70), Oct. 28, 1986, 100 Stat. 3296; renumbered § 5303, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83,

§ 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

§ 5303A. Minimum active-duty service requirement

(a) Notwithstanding any other provision of law, any requirements for eligibility for or entitlement to any benefit under this

title or any other law administered by the Secretary that are based

on the length of active duty served by a person who initially enters

such service after September 7, 1980, shall be exclusively as prescribed in this title.

(b)(1) Except as provided in paragraph (3) of this subsection, a

person described in paragraph (2) of this subsection who is discharged or released from a period of active duty before completing

the shorter of—

(A) 24 months of continuous active duty, or

(B) the full period for which such person was called or ordered to active duty,

is not eligible by reason of such period of active duty for any benefit under this title or any other law administered by the Secretary.

(2) Paragraph (1) of this subsection applies— (A) to any person who originally enlists in a regular component of the Armed Forces after September 7, 1980; and

(B) to any other person who enters on active duty after October 16, 1981, and has not previously completed a continuous

period of active duty of at least 24 months or been discharged

or released from active duty under section 1171 of title 10.

(3) Paragraph (1) of this subsection does not apply—

(A) to a person who is discharged or released from active

duty under section 1171 or 1173 of title 10;

(B) to a person who is discharged or released from active

duty for a disability incurred or aggravated in line of duty;

(C) to a person who has a disability that the Secretary has

determined to be compensable under chapter 11 of this title;

(D) to the provision of a benefit for or in connection with a

service-connected disability, condition, or death;
§ 5303A CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS 596

(E) to benefits under chapter 19 of this title;

(F) to benefits under chapter 30 or chapter 37 of this title by

reason of—

(i) a discharge or release from active duty for the convenience of the Government, as described in sections

3011(a)(1)(A)(ii)(II) and 3012(b)(1)(A)(iv) of this title;

(ii) a discharge or release from active duty for a medical

condition which preexisted service on active duty and

which the Secretary determines is not service connected,

as described in clauses (A)(ii)(I) and (B)(ii)(I) of section

3011(a)(1) of this title and in section 3012(b)(1)(A)(ii) of

this title;

(iii) an involuntary discharge or release from active duty

for the convenience of the Government as a result of a reduction in force, as described in clauses (A)(ii)(III) and

(B)(ii)(III) of section 3011(a)(1) of this title and in section

3012(b)(1)(A)(v) of this title; or

(iv) a discharge or release from active duty for a physical

or mental condition that was not characterized as a disability and did not result from the individual’s own willful

misconduct but did interfere with the individual’s performance of duty, as described in section 3011(a)(1)(A)(ii)(I) of

this title; or

(G) to benefits under chapter 43 of this title.

(c)(1) Except as provided in paragraph (2) of this subsection, no

dependent or survivor of a person as to whom subsection (b) of this

section requires the denial of benefits shall, by reason of such person’s period of active duty, be provided with any benefit under this

title or any other law administered by the Secretary.

(2) Paragraph (1) of this subsection does not apply to benefits

under chapters 19 and 37 of this title.

(d)(1) Notwithstanding any other provision of law and except as

provided in paragraph (3) of this subsection, a person described in

paragraph (2) of this subsection who is discharged or released from

a period of active duty before completing the shorter of—

(A) 24 months of continuous active duty, or

(B) the full period for which such person was called or ordered to active duty,

is not eligible by reason of such period of active duty for any benefit under Federal law (other than this title or any other law administered by the Secretary,) and no dependent or survivor of such

person shall be eligible for any such benefit by reason of such period of active duty of such person.

(2) Paragraph (1) of this subsection applies—

(A) to any person who originally enlists in a regular component of the Armed Forces after September 7, 1980; and

(B) to any other person who enters on active duty after October 13, 1982, and has not previously completed a continuous

period of active duty of at least 24 months or been discharged

or released from active duty under section 1171 of title 10.

(3) Paragraph (1) of this subsection does not apply—

(A) to any person described in clause (A), (B), or (C) of subsection (b)(3) of this section; or
597 CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS § 5304

(B) with respect to a benefit under (i) the Social Security Act

other than additional wages deemed to have been paid, under

section 229(a) of the Social Security Act (42 U.S.C. 429(a)), for

any calendar quarter beginning after October 13, 1982, or (ii)

title 5 other than a benefit based on meeting the definition of

preference eligible in section 2108(3) of such title.

(e) For the purposes of this section, the term ‘‘benefit’’ includes

a right or privilege, but does not include a refund of a participant’s

contributions to the educational benefits program provided by chapter 32 of this title.

(f) Nothing in this section shall be construed to deprive any person of any procedural rights, including any rights to assistance in

applying for or claiming a benefit.

(Added P.L. 97–66, § 604(a)(1), Oct. 17, 1981, 95 Stat. 1035, § 3103A; amended P.L.

97–306, § 408(a), Oct. 14, 1982, 96 Stat. 1445; P.L. 99–576, § 321(11), Oct. 28, 1986,

100 Stat. 3278; P.L. 100–689, § 102(b)(3), Nov. 18, 1988, 102 Stat. 4163; P.L. 101–

510, § 562(a)(4), Nov. 5, 1990, 104 Stat. 1574; renumbered § 5303A, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(c)(1),

Aug. 6, 1991, 105 Stat. 403–406; P.L. 103–353, § 3, Oct. 13, 1994, 108 Stat. 3169;

P.L. 103–446, § 908, Nov. 2, 1994, 108 Stat. 4678; P.L. 105–368, § 1005(b)(15), Nov.

11, 1998, 112 Stat. 3365.)

§ 5304. Prohibition against duplication of benefits

(a)(1) Except to the extent that retirement pay is waived under

other provisions of law, not more than one award of pension, compensation, emergency officers’, regular, or reserve retirement pay,

or initial award of naval pension granted after July 13, 1943, shall

be made concurrently to any person based on such person’s own

service or concurrently to any person based on the service of any

other person.

(2) Notwithstanding the provisions of paragraph (1) of this subsection and of section 5305 of this title, pension under section 1521

or 1541 of this title may be paid to a person entitled to receive retired or retirement pay described in section 5305 of this title concurrently with such person’s receipt of such retired or retirement

pay if the annual amount of such retired or retirement pay is

counted as annual income for the purposes of chapter 15 of this

title.

(b)(1) Except as provided in paragraphs (2) and (3) of this subsection and in section 1521(i) of this title, the receipt of pension,

compensation, or dependency and indemnity compensation by a

surviving spouse, child, or parent on account of the death of any

person, or receipt by any person of pension or compensation on account of such person’s own service, shall not bar the payment of

pension, compensation, or dependency and indemnity compensation

on account of the death or disability of any other person.

(2) Benefits other than insurance under laws administered by the

Secretary may not be paid or furnished to or on account of any

child by reason of the death of more than one parent in the same

parental line; however, the child may elect one or more times to receive benefits by reason of the death of any one of such parents.

(3) Benefits other than insurance under laws administered by the

Secretary may not be paid to any person by reason of the death of

more than one person to whom such person was married; however,
§ 5304 CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS 598

1See related provisions of 10 U.S.C. 12316 authorizing reservists to waive cited benefits.

the person may elect one or more times to receive benefits by reason of the death of any one spouse.

(c) Pension, compensation, or retirement pay on account of any

person’s own service shall not be paid to such person for any period

for which such person receives active service pay.1

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1230, § 3104; P.L. 86–495, § 1, June 8, 1960,

74 Stat. 163; P.L. 88–664, § 9, Oct. 13, 1964, 78 Stat. 1096; P.L. 91–376, § 6, Aug.

12, 1970, 84 Stat. 790; P.L. 95–588, § 304, Nov. 4, 1978, 92 Stat. 2507; P.L. 96–385,

§ 503(a), Oct. 7, 1980, 94 Stat. 1534; P.L. 99–576, § 701(71), Oct. 28, 1986, 100 Stat.

3297; renumbered § 5304 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991,

105 Stat. 238, 239; P.L. 102–83, §§ 4(a)(1), 5(c)(1), Aug. 6, 1991, 105 Stat. 403, 406.)

§ 5305. Waiver of retired pay

Any person who is receiving pay pursuant to any provision of law

providing retired or retirement pay to persons in the Armed Forces,

or as a commissioned officer of the National Oceanic and Atmospheric Administration or of the Public Health Service, and who

would be eligible to receive pension or compensation under the

laws administered by the Secretary if such person were not receiving such retired or retirement pay, shall be entitled to receive such

pension or compensation upon the filing by such person with the

department by which such retired or retirement pay is paid of a

waiver of so much of such person’s retired or retirement pay as is

equal in amount to such pension or compensation. To prevent duplication of payments, the department with which any such waiver

is filed shall notify the Secretary of the receipt of such waiver, the

amount waived, and the effective date of the reduction in retired

or retirement pay.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3105; P.L. 91–621, § 6(a)(3), Dec. 31,

1970, 84 Stat. 1864; P.L. 99–576, § 701(72), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5305, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83,

§ 4(a)(1), (2)(A)(viii), Aug. 6, 1991, 105 Stat. 403.)

§ 5306. Renouncement of right to benefits

(a) Any person entitled to pension, compensation, or dependency

and indemnity compensation under any of the laws administered

by the Secretary may renounce the right thereto. The application

renouncing the right shall be in writing over the person’s signature. Upon the filing of such an application, payment of such benefits and the right thereto shall be terminated, and such person

shall be denied any and all rights thereto from such filing.

(b) Renouncement of rights shall not preclude any person from

filing a new application for pension, compensation, or dependency

and indemnity compensation at a later date, but such new application shall be treated as an original application, and no payments

shall be made for any period before the date such new application

is filed.

(c) Notwithstanding subsection (b), if a new application for pension under chapter 15 of this title or for dependency and indemnity

compensation for parents under section 1315 of this title is filed

within one year after renouncement of that benefit, such application shall not be treated as an original application and benefits will

be payable as if the renouncement had not occurred.
599 CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS § 5308

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3106; P.L. 99–576, § 701(73), Oct. 28,

1986, 100 Stat. 3297; renumbered § 5306, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403; P.L. 103–446, § 503,

Nov. 2, 1994, 108 Stat. 4663.)

§ 5307. Apportionment of benefits

(a) All or any part of the compensation, pension, or emergency

officers’ retirement pay payable on account of any veteran may— (1) if the veteran is being furnished hospital treatment, institutional, or domiciliary care by the United States, or any political subdivision thereof, be apportioned on behalf of the veteran’s spouse, children, or dependent parents; and

(2) if the veteran is not living with the veteran’s spouse, or

if the veteran’s children are not in the custody of the veteran,

be apportioned as may be prescribed by the Secretary.

(b) Where any of the children of a deceased veteran are not in

the custody of the veteran’s surviving spouse, the pension, compensation, or dependency and indemnity compensation otherwise

payable to the surviving spouse may be apportioned as prescribed

by the Secretary.

(c) If a veteran is not living with the veteran’s spouse, or if any

of the veteran’s children are not in the custody of the veteran, any

subsistence allowance payable to the veteran under chapter 31 of

this title or that portion of the educational assistance allowance

payable on account of dependents under chapter 34 of this title

may be apportioned as may be prescribed by the Secretary.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3107; P.L. 92–540, § 505, Oct. 24, 1972,

86 Stat. 1099; P.L. 98–160, § 703(2), Nov. 21, 1983, 97 Stat. 1010; renumbered

§ 5307, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(b)(1),

(2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 5308. Withholding benefits of persons in territory of the

enemy

(a) When any alien entitled to gratuitous benefits under laws administered by the Secretary is located in territory of, or under military control of, an enemy of the United States or of any of its allies,

any award of such benefits in favor of such alien shall be terminated forthwith.

(b) Any alien whose award is terminated under subsection (a)

shall not thereafter be entitled to any such gratuitous benefits except upon the filing of a new claim, accompanied by evidence satisfactory to the Secretary showing that such alien was not guilty of

mutiny, treason, sabotage, or rendering assistance to such enemy.

Except as provided in section 5309 of this title, such gratuitous

benefits shall not be paid for any period before the date the new

claim is filed.

(c) While such alien is located in territory of, or under military

control of, an enemy of the United States or of any of its allies, the

Secretary, in the Secretary’s discretion, may apportion and pay any

part of such benefits to the dependents of such alien. No dependent

of such alien shall receive benefits by reason of this subsection in

excess of the amount to which the dependent would be entitled if

such alien were dead.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3108; P.L. 99–576, § 701(74), Oct. 28,

1986, 100 Stat. 3297; renumbered § 5308 and amended P.L. 102–40, § 402(b)(1),
§ 5308 CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS 600

(d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6,

1991, 105 Stat. 403–405.)

§ 5309. Payment of certain withheld benefits

(a) Any person who, but for section 5308 of this title, was entitled

to benefits under any of the laws administered by the Secretary,

whose award of benefits was terminated under such section, or

whose benefits were not paid pursuant to sections 3329 and 3330

of title 31, and who was not guilty of mutiny, treason, sabotage, or

rendering assistance to an enemy of the United States or its allies,

shall be paid the full amount of any benefits not paid because of

such section 5308, or withheld (including the amount of any checks

covered on such person’s account into the Treasury as miscellaneous receipts together with any amount to such person’s credit in

the special-deposit account) pursuant to sections 3329 and 3330 of

title 31. The Secretary shall certify to the Secretary of the Treasury

the amounts of payments which, but for this section, would have

been made from the special deposit account, and the Secretary of

the Treasury, as directed by the Secretary, shall reimburse the appropriations of the Department from such special deposit account,

or cover into the Treasury as miscellaneous receipts the amounts

so certified.

(b) No payments shall be made for any period before the date

claim therefor is filed under this section to any person whose

award was terminated, or whose benefits were not paid, before July

1, 1954, because such person was a citizen or subject of Germany

or Japan residing in Germany or Japan.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1232, § 3109; P.L. 97–258, § 3(k)(4), Sept. 13,

1982, 96 Stat. 1065; P.L. 99–576, § 701(75), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5309 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

238, 239; P.L. 102–83, § 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403– 405.)

§ 5310. Payment of benefits for month of death

(a) If, in accordance with the provisions of section 5110(d) of this

title, a surviving spouse is entitled to death benefits under chapter

11, 13, or 15 of this title for the month in which a veteran’s death

occurs, the amount of such death benefits for that month shall be

not less than the amount of benefits the veteran would have received under chapter 11 or 15 of this title for that month but for

the death of the veteran.

(b)(1) If the surviving spouse of a veteran who was in receipt of

compensation or pension at the time of death is not entitled to

death benefits under chapter 11, 13, or 15 of this title for the

month in which the veteran’s death occurs, that surviving spouse

shall be entitled to a benefit for that month in the amount of benefits the veteran would have received under chapter 11 or 15 of this

title for that month but for the death of the veteran.

(2) If (notwithstanding section 5112(b)(1) of this title) a check or

other payment is issued to, and in the name of, the deceased veteran as a benefit payment under chapter 11 or 15 of this title for

the month in which death occurs, that check or other payment (A)

shall be treated for all purposes as being payable to the surviving

spouse, and (B) if that check or other payment is negotiated or deposited, shall be considered to be the benefit to which the surviving
601 CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS § 5312

spouse is entitled under paragraph (1). However, if such check or

other payment is in an amount less than the amount of the benefit

under paragraph (1), the unpaid amount shall be treated in the

same manner as an accrued benefit under section 5121 of this title.

(Added P.L. 87–825, § 4(a), Oct. 15, 1962, 76 Stat. 950, § 3110; amended P.L. 98–

160, § 703(3), Nov. 21, 1983, 97 Stat. 1010; renumbered § 5310 and amended P.L.

102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 104–275, § 506(a),

(b), Oct. 9, 1996, 110 Stat. 3343; P.L. 105–114, § 401(f), Nov. 21, 1997, 111 Stat.

2294.)

§ 5311. Prohibition of certain benefit payments

There shall be no payment of dependency and indemnity compensation, death compensation, or death pension which, because of

a widow’s relationship with another man before enactment of Public Law 87–674, would not have been payable by the Veterans’ Administration under the standard for determining remarriage applied by that agency before said enactment.

(Added P.L. 91–376, § 8(b), Aug. 12, 1970, 84 Stat. 790, § 3111; renumbered § 5311,

P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238.)

§ 5312. Annual adjustment of certain benefit rates

(a) Whenever there is an increase in benefit amounts payable

under title II of the Social Security Act (42 U.S.C. 401 et seq.) as

a result of a determination made under section 215(i) of such Act

(42 U.S.C. 415(i)), the Secretary shall, effective on the date of such

increase in benefit amounts, increase each maximum annual rate

of pension under sections 1521, 1541, and 1542 of this title, the

rate of increased pension paid under such sections 1521 and 1541

on account of children, and each rate of monthly allowance paid

under section 1805 of this title, as such rates were in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased.

(b)(1) Whenever there is an increase in benefit amounts payable

under title II of the Social Security Act (42 U.S.C. 401 et seq.) as

a result of a determination made under section 215(i) of such Act

(42 U.S.C. 415(i)), the Secretary shall, effective on the date of such

increase in benefit amounts, increase the maximum monthly rates

of dependency and indemnity compensation for parents payable

under subsections (b), (c), and (d), and the monthly rate provided

in subsection (g), of section 1315 of this title and the annual income

limitations prescribed in subsections (b)(3), (c)(3), and (d)(3) of such

section, as such rates and limitations were in effect immediately

prior to the date of such increase in benefit amounts payable under

title II of the Social Security Act, by the same percentage as the

percentage by which such benefit amounts are increased.

(2)(A) Whenever there is an increase under paragraph (1) of this

subsection in such rates and annual income limitations, the Secretary shall, effective on the date of such increase in such rates and

limitations, adjust (as provided in subparagraph (B) of this paragraph) the rates of dependency and indemnity compensation payable under subsection (b)(1) or (c)(1) of section 1315 of this title to

any parent whose annual income is more than $800 but not more
§ 5312 CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS 602

than the annual income limitation in effect under subsection (b)(3)

or (c)(3) of such section, as appropriate, and adjust the rates of

such compensation payable under subsection (d)(1) of such section

to any parent whose annual income is more than $1,000 but not

more than the annual income limitation in effect under subsection

(d)(3) of such section.

(B) The adjustment in rates of dependency and indemnity compensation referred to in subparagraph (A) of this paragraph shall

be made by the Secretary in accordance with regulations which the

Secretary shall prescribe.

(c)(1) Whenever there is an increase under subsection (a) in benefit rates payable under sections 1521, 1541, 1542, and 1805 of this

title and an increase under subsection (b) in benefit rates and annual income limitations under section 1315 of this title, the Secretary shall publish such rates and limitations (including those

rates adjusted by the Secretary under subsection (b)(2) of this section), as increased pursuant to such subsections, in the Federal

Register at the same time as the material required by section

215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) is

published by reason of a determination under section 215(i) of such

Act (42 U.S.C. 415(i)).

(2) Whenever such rates and income limitations are so increased,

the Secretary may round such rates and income limitations in such

manner as the Secretary considers equitable and appropriate for

ease of administration.

(Added P.L. 95–588, § 305(a), Nov. 4, 1978, 92 Stat. 2507, § 3112; amended P.L. 97–

295, § 4(76), Oct. 12, 1982, 96 Stat. 1311; renumbered § 5312, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, §§ 4(b)(1), (2)(E), 5(c)(1), Aug.

6, 1991, 105 Stat. 404–406; P.L. 104–204, § 421(c), Sep. 26, 1996, 110 Stat. 2926.)

§ 5313. Limitation on payment of compensation and dependency and indemnity compensation to persons incarcerated for conviction of a felony

(a)(1) To the extent provided in subsection (d) of this section, any

person who is entitled to compensation or to dependency and indemnity compensation and who is incarcerated in a Federal, State,

or local penal institution for a period in excess of sixty days for conviction of a felony shall not be paid such compensation or dependency and indemnity compensation, for the period beginning on the

sixty-first day of such incarceration and ending on the day such incarceration ends, in an amount that exceeds—

(A) in the case of a veteran with a service-connected disability rated at 20 percent or more, the rate of compensation

payable under section 1114(a) of this title; or

(B) in the case of a veteran with a service-connected disability not rated at 20 percent or more or in the case of a surviving spouse, parent, or child, one-half of the rate of compensation payable under section 1114(a) of this title.

(2) The provisions of paragraph (1) of this subsection shall not

apply with respect to any period during which a person is participating in a work-release program or is residing in a halfway house.

(b)(1) All or any part of the compensation not paid to a veteran

by reason of subsection (a) of this section may, as appropriate in
603 CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS § 5313A

an individual case, be apportioned under the same terms and conditions as are provided under section 5307 of this title.

(2) All or any part of the dependency and indemnity compensation not paid to a surviving spouse or child by reason of subsection

(a) of this section may, as appropriate in an individual case, be apportioned as follows:

(A) In the case of dependency and indemnity compensation

not paid to a surviving spouse, any apportionment shall be to

the surviving child or children.

(B) In the case of dependency and indemnity compensation

not paid to a surviving child, any apportionment shall be to the

surviving spouse or other surviving children, as applicable.

(3) No apportionment may be made under this subsection to or

on behalf of any person who is incarcerated in a Federal, State, or

local penal institution for conviction of a felony.

(c) The Secretary shall not assign to any veteran a rating of total

disability based on the individual unemployability of the veteran

resulting from a service-connected disability during any period during which the veteran is incarcerated in a Federal, State, or local

penal institution for conviction of a felony.

(d) The provisions of subsection (a) of this section shall apply (1)

with respect to any period of incarceration of a person for conviction of a felony committed after October 7, 1980, and (2) with respect to any period of incarceration on or after October 1, 1980, for

conviction of a felony of a person who on October 1, 1980, is incarcerated for conviction of such felony and with respect to whom the

action granting an award of compensation or dependency and indemnity compensation is taken on or after such date.

(e) For purposes of this section—

(1) The term ‘‘compensation’’ includes disability compensation payable under section 1151 of this title.

(2) The term ‘‘dependency and indemnity compensation’’

means death compensation payable under section 1121 or 1141

of this title, death compensation and dependency and indemnity compensation payable under section 1151 of this title, and

any benefit payable under chapter 13 of this title.

(Added P.L. 96–385, § 504(a), Oct. 7, 1980, 94 Stat. 1534, § 3113; amended P.L. 98–

160, § 702(17), Nov. 21, 1983, 97 Stat. 1010; renumbered § 5313 and amended P.L.

102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–83, §§ 4(b)(1),

(2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–4060; P.L. 105–368, § 1005(b)(16), Nov.

11, 1998, 112 Stat. 3365.)

§ 5313A. Limitation on payment of clothing allowance to incarcerated veterans

In the case of a veteran who is incarcerated in a Federal, State,

or local penal institution for a period in excess of 60 days and who

is furnished clothing without charge by the institution, the amount

of any annual clothing allowance payable to the veteran under section 1162 of this title shall be reduced by an amount equal to 1⁄365

of the amount of the allowance otherwise payable under that section for each day on which the veteran was so incarcerated during

the 12-month period preceding the date on which payment of the

allowance would be due. This section shall be carried out under

regulations prescribed by the Secretary.
§ 5313A CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS 604

(Added P.L. 104–275, § 502(a), Oct. 9, 1996, 110 Stat. 3341.)

§ 5313B. Prohibition on providing certain benefits with respect to persons who are fugitive felons

(a) A veteran who is otherwise eligible for a benefit specified in

subsection (c) may not be paid or otherwise provided such benefit

for any period during which such veteran is a fugitive felon. A dependent of a veteran who is otherwise eligible for a benefit specified in subsection (c) may not be paid or otherwise provided such

benefit for any period during which such veteran or such dependent is a fugitive felon.

(b) For purposes of this section:

(1) The term ‘‘fugitive felon’’ means a person who is a fugitive by reason of— (A) fleeing to avoid prosecution, or custody or confinement after conviction, for an offense, or an attempt to commit an offense, which is a felony under the laws of the

place from which the person flees; or

(B) violating a condition of probation or parole imposed

for commission of a felony under Federal or State law.

(2) The term ‘‘felony’’ includes a high misdemeanor under the

laws of a State which characterizes as high misdemeanors offenses that would be felony offenses under Federal law.

(3) The term ‘‘dependent’’ means a spouse, surviving spouse,

child, or dependent parent of a veteran.

(c) A benefit specified in this subsection is a benefit under any

of the following:

(1) Chapter 11 of this title.

(2) Chapter 13 of this title.

(3) Chapter 15 of this title.

(4) Chapter 17 of this title.

(5) Chapter 19 of this title.

(6) Chapter 30, 31, 32, 34, or 35 of this title.

(7) Chapter 37 of this title.

(d)(1) The Secretary shall furnish to any Federal, State, or local

law enforcement official, upon the written request of such official,

the most current address maintained by the Secretary of a person

who is eligible for a benefit specified in subsection (c) if such

official—

(A) provides to the Secretary such information as the Secretary may require to fully identify the person;

(B) identifies the person as being a fugitive felon; and

(C) certifies to the Secretary that apprehending such person

is within the official duties of such official.

(2) The Secretary shall enter into memoranda of understanding

with Federal law enforcement agencies, and may enter into agreements with State and local law enforcement agencies, for purposes

of furnishing information to such agencies under paragraph (1).

(Added P.L. 107–103, § 505(a)(1), Dec. 27, 2001, 115 Stat. 995.)

§ 5314. Indebtedness offsets

(a) Subject to subsections (b) and (d) of this section and section

3485(e) of this title, the Secretary shall (unless the Secretary

waives recovery under section 5302 of this title) deduct the amount
605 CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS § 5315

of the indebtedness of any person who has been determined to be

indebted to the United States by virtue of such person’s participation in a benefits program administered by the Secretary from future payments made to such person under any law administered by

the Secretary.

(b) Deductions may not be made under subsection (a) of this section with respect to the indebtedness of a person described in such

subsection unless the Secretary—

(1) has made reasonable efforts to notify such person of such

person’s right to dispute through prescribed administrative

processes the existence or amount of such indebtedness and of

such person’s right to request a waiver of such indebtedness

under section 5302 of this title;

(2) has made a determination with respect to any such dispute or request or has determined that the time required to

make such a determination before making deductions would

jeopardize the Secretary’s ability to recover the full amount of

such indebtedness through deductions from such payments;

and

(3) has made reasonable efforts to notify such person about

the proposed deductions from such payments.

(c) Notwithstanding any other provision of this title or of any

other law, the authority of the Secretary to make deductions under

this section or to take other administrative action authorized by

law for the purpose of collecting an indebtedness described in subsection (a) of this section, or for the purpose of determining the

creditworthiness of a person who owes such an indebtedness, shall

not be subject to any limitation with respect to the time for bringing civil actions or for commencing administrative proceedings.

(d) The Secretary shall prescribe regulations for the administration of this section.

(Added P.L. 96–466, § 605(a)(1), Oct. 17, 1980, 94 Stat. 2209, § 3114; amended P.L.

102–16, § 6(b)(3), Mar. 22, 1991, 105 Stat. 51; renumbered § 5314 and amended P.L.

102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–83, §§ 4(a)(1),

(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406.)

§ 5315. Interest and administrative cost charges on delinquent payments of certain amounts due the United

States

(a) Notwithstanding any other provision of this title or of any

other law and subject to sections 3485(e) and 5302 of this title, interest and administrative costs (as described in subsections (b) and

(c) of this section) shall be charged, under regulations which the

Secretary shall prescribe, on any amount owed to the United

States—

(1) for an indebtedness resulting from a person’s participation in a benefits program administered by the Secretary other

than a loan, loan-guaranty, or loan-insurance program;

(2) for an indebtedness resulting from the provision of care

or services under chapter 17 of this title; or

(3) to the extent not precluded by the terms of the loan instruments concerned, for an indebtedness resulting from a person’s participation in a program of loans, loan guaranties, or

loan insurance administered by the Secretary under this title.
§ 5315 CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS 606

(b)(1) Interest on the amount of any indebtedness described in

subsection (a) of this section shall accrue from the day on which

the initial notification of the amount due is mailed to the person

who owes such amount (using the most current address of such

person that is available to the Secretary), but interest under this

section shall not be charged (A) for any period before October 17,

1980, or (B) if the amount due is paid within a reasonable period

of time. The Secretary shall, in the regulations prescribed pursuant

to subsection (a) of this section, prescribe what constitutes a reasonable period of time for payment of an indebtedness after the initial notification of indebtedness has been mailed.

(2) The rate of interest to be charged under this section shall be

based on the rate of interest paid by the United States for its borrowing and shall be determined by the Secretary under such regulations.

(c) The administrative costs to be charged under this section with

respect to an amount owed to the United States shall be so much

of the costs incurred by the United States in collecting such

amount as the Secretary determines, under such regulations, to be

reasonable and appropriate.

(Added P.L. 96–466, § 605(a)(1), Oct. 17, 1980, 94 Stat. 2210, § 3115; amended P.L.

102–16, § 6(b)(4), Mar. 22, 1991, 105 Stat. 51; renumbered § 5315 and amended P.L.

102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–83, §§ 4(a)(1),

(b)(1), (2)(E), 5(C)(1), Aug. 6, 1991, 105 Stat. 403–406; P.L. 105–368, § 1005(b)(17),

Nov. 11, 1998, 112 Stat. 3365.)

§ 5316. Authority to sue to collect certain debts

(a)(1) The Secretary shall take appropriate steps to authorize attorneys employed by the Department to exercise, subject to paragraphs (2) and (3) of this subsection, the right of the United States

to bring suit in any court of competent jurisdiction to recover any

indebtedness owed to the United States by a person by virtue of

such person’s participation in a benefits program administered by

the Secretary.

(2) No suit may be filed under this section to recover any indebtedness owed by any person to the United States unless the Secretary has determined, under regulations which the Secretary shall

prescribe, that such person has failed to respond appropriately to

reasonable administrative efforts to collect such indebtedness.

(3) The activities of attorneys employed by the Department in

bringing suit under this section shall be subject to the direction

and supervision of the Attorney General of the United States and

to such terms and conditions as the Attorney General may prescribe.

(b) Nothing in this section shall derogate from the authority of

the Attorney General of the United States under sections 516 and

519 of title 28 to direct and supervise all litigation to which the

United States or an agency or officer of the United States is a

party.

(Added P.L. 96–466, § 605(a)(1), Oct. 17, 1980, 94 Stat. 2211, § 3116; renumbered

§ 5316, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–54,

§ 14(d)(3), June 13, 1991, 105 Stat. 285; P.L. 102–83, § 4(a)(1), (3), (4), (b)(1), (2)(E),

Aug. 6, 1991, 105 Stat. 403–405.)
607 CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS § 5317

§ 5317. Use of income information from other agencies: notice and verification

(a) The Secretary shall notify each applicant for a benefit or service described in subsection (c) of this section that income information furnished by the applicant to the Secretary may be compared

with information obtained by the Secretary from the Secretary of

Health and Human Services or the Secretary of the Treasury under

section 6103(l)(7)(D)(viii) of the Internal Revenue Code of 1986. The

Secretary shall periodically transmit to recipients of such benefits

and services additional notifications of such matters.

(b) The Secretary may not, by reason of information obtained

from the Secretary of Health and Human Services or the Secretary

of the Treasury under section 6103(l)(7)(D)(viii) of the Internal Revenue Code of 1986, terminate, deny, suspend, or reduce any benefit

or service described in subsection (c) of this section until the Secretary takes appropriate steps to verify independently information

relating to the following:

(1) The amount of the asset or income involved.

(2) Whether such individual actually has (or had) access to

such asset or income for the individual’s own use.

(3) The period or periods when the individual actually had

such asset or income.

(c) The benefits and services described in this subsection are the

following:

(1) Needs-based pension benefits provided under chapter 15

of this title or under any other law administered by the Secretary.

(2) Parents’ dependency and indemnity compensation provided under section 1315 of this title.

(3) Health-care services furnished under subsections

(a)(2)(G), (a)(3), and (b) of section 1710 of this title.

(4) Compensation paid under chapter 11 of this title at the

100 percent rate based solely on unemployability and without

regard to the fact that the disability or disabilities are not

rated as 100 percent disabling under the rating schedule.

(d) In the case of compensation described in subsection (c)(4) of

this section, the Secretary may independently verify or otherwise

act upon wage or self-employment information referred to in subsection (b) of this section only if the Secretary finds that the

amount and duration of the earnings reported in that information

clearly indicate that the individual may no longer be qualified for

a rating of total disability.

(e) The Secretary shall inform the individual of the findings

made by the Secretary on the basis of verified information under

subsection (b) of this section, and shall give the individual an opportunity to contest such findings, in the same manner as applies

to other information and findings relating to eligibility for the benefit or service involved.

(f) The Secretary shall pay the expenses of carrying out this section from amounts available to the Department for the payment of

compensation and pension.

(g) The authority of the Secretary to obtain information from the

Secretary of the Treasury or the Secretary of Health and Human
§ 5317 CH. 53—SPECIAL PROVISIONS RELATING TO BENEFITS 608

Services under section 6103(l)(7)(D)(viii) of the Internal Revenue

Code of 1986 expires on September 30, 2008.

(Added P.L. 101–508, § 8051(b)(1), Nov. 5, 1990, 104 Stat. 1388–350, § 3117; renumbered § 5317, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L.

102–83, § 5(c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102–568, § 602(a), Oct. 29, 1992,

106 Stat. 4342; P.L. 103–66, § 12004, Aug. 10, 1993, 107 Stat. 414; P.L. 104–262,

§ 101(e)(3), Oct. 9, 1996, 110 Stat. 3181; P.L. 105–33, Aug. 5, 1997, 111 Stat. 664,

§ 8014; P.L. 106–419, § 402(d), Nov. 1, 2000, 114 Stat. 1863.)

§ 5318. Review of Department of Health and Human Services death information

(a) The Secretary shall periodically compare Department of Veterans Affairs information regarding persons to or for whom compensation or pension is being paid with information in the records

of the Department of Health and Human Services relating to persons who have died for the purposes of—

(1) determining whether any such persons to whom compensation and pension is being paid are deceased;

(2) ensuring that such payments to or for any such persons

who are deceased are terminated in a timely manner; and

(3) ensuring that collection of overpayments of such benefits

resulting from payments after the death of such persons is initiated in a timely manner.

(b) The Department of Health and Human Services death information referred to in subsection (a) of this section is death information available to the Secretary from or through the Secretary of

Health and Human Services, including death information available

to the Secretary of Health and Human Services from a State, pursuant to a memorandum of understanding entered into by such

Secretaries. Any such memorandum of understanding shall include

safeguards to assure that information made available under it is

not used for unauthorized purposes or improperly disclosed.

(Added P.L. 101–508, § 8053(b)(1), Nov. 5, 1990, 104 Stat. 1388–352, § 3118; renumbered § 5318, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238.)

§ 5319. Limitations on access to financial records

(a) The Secretary may make a request referred to in section

1113(p) of the Right to Financial Privacy Act of 1978 (12 U.S.C.

3413(p)) only if the Secretary determines that the requested

information— (1) is necessary in order for the Secretary to administer the

provisions of law referred to in that section; and

(2) cannot be secured by a reasonable search of records and

information of the Department.

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

financial institution.

(c) Information disclosed pursuant to a request referred to in subsection (a) may be used solely for the purpose of the administration

of benefits programs under laws administered by the Secretary if,

except for the exemption in subsection (a), the disclosure of that information would otherwise be prohibited by any provision of the

Right to Financial Privacy Act of 1978.

(Added P.L. 102–568, § 603(b)(1), Oct. 29, 1992, 106 Stat. 4342.)
(609)

CHAPTER 55—MINORS, INCOMPETENTS, AND OTHER

WARDS

Sec.

5501. Commitment actions.

5502. Payments to and supervision of fiduciaries.

5503. Hospitalized veterans and estates of incompetent institutionalized veterans.

5504. Administration of trust funds.

5505. [Repealed.]

§ 5501. Commitment actions

The Secretary may incur necessary court costs and other expenses incident to proceedings for the commitment of mentally incompetent veterans to a Department hospital or domiciliary when

necessary for treatment or domiciliary purposes.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1232, § 3201; renumbered § 5501, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83, § 4(a)(3), (4), (b)(1),

(2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 5502. Payments to and supervision of fiduciaries

(a)(1) Where it appears to the Secretary that the interest of the

beneficiary would be served thereby, payment of benefits under any

law administered by the Secretary may be made directly to the

beneficiary or to a relative or some other person for the use and

benefit of the beneficiary, regardless of any legal disability on the

part of the beneficiary. Where, in the opinion of the Secretary, any

fiduciary receiving funds on behalf of a Department beneficiary is

acting in such a number of cases as to make it impracticable to

conserve properly the estates or to supervise the persons of the

beneficiaries, the Secretary may refuse to make future payments in

such cases as the Secretary may deem proper.

(2) In a case in which the Secretary determines that a commission is necessary in order to obtain the services of a fiduciary in

the best interests of a beneficiary, the Secretary may authorize a

fiduciary appointed by the Secretary to obtain from the beneficiary’s estate a reasonable commission for fiduciary services rendered, but the commission for any year may not exceed 4 percent

of the monetary benefits under laws administered by the Secretary

paid on behalf of the beneficiary to the fiduciary during such year.

A commission may not be authorized for a fiduciary who receives

any other form of remuneration or payment in connection with rendering fiduciary services on behalf of the beneficiary.

(b) Whenever it appears that any guardian, curator, conservator,

or other person, in the opinion of the Secretary, is not properly executing or has not properly executed the duties of the trust of such

guardian, curator, conservator, or other person or has collected or

paid, or is attempting to collect or pay, fees, commissions, or allow-
§ 5502 CH. 55—MINORS, INCOMPETENTS, AND OTHER WARDS 610

ances that are inequitable or in excess of those allowed by law for

the duties performed or expenses incurred, or has failed to make

such payments as may be necessary for the benefit of the ward or

the dependents of the ward, then the Secretary may appear, by the

Secretary’s authorized attorney, in the court which has appointed

such fiduciary, or in any court having original, concurrent, or appellate jurisdiction over said cause, and make proper presentation

of such matters. The Secretary, in the Secretary’s discretion, may

suspend payments to any such guardian, curator, conservator, or

other person who shall neglect or refuse, after reasonable notice, to

render an account to the Secretary from time to time showing the

application of such payments for the benefit of such incompetent or

minor beneficiary, or who shall neglect or refuse to administer the

estate according to law. The Secretary may require the fiduciary,

as part of such account, to disclose any additional financial information concerning the beneficiary (except for information that is

not available to the fiduciary). The Secretary may appear or intervene by the Secretary’s duly authorized attorney in any court as an

interested party in any litigation instituted by the Secretary or otherwise, directly affecting money paid to such fiduciary under this

section.

(c) Authority is hereby granted for the payment of any court or

other expenses incident to any investigation or court proceeding for

the appointment of any fiduciary or other person for the purpose

of payment of benefits payable under laws administered by the Secretary or the removal of such fiduciary and appointment of another, and of expenses in connection with the administration of

such benefits by such fiduciaries, or in connection with any other

court proceeding hereby authorized, when such payment is authorized by the Secretary.

(d) All or any part of any benefits the payment of which is suspended or withheld under this section may, in the discretion of the

Secretary, be paid temporarily to the person having custody and

control of the incompetent or minor beneficiary, to be used solely

for the benefit of such beneficiary, or, in the case of an incompetent

veteran, may be apportioned to the dependent or dependents, if

any, of such veteran. Any part not so paid and any funds of a mentally incompetent or insane veteran not paid to the chief officer of

the institution in which such veteran is a patient nor apportioned

to the veteran’s dependent or dependents may be ordered held in

the Treasury to the credit of such beneficiary. All funds so held

shall be disbursed under the order and in the discretion of the Secretary for the benefit of such beneficiary or the beneficiary’s dependents. Any balance remaining in such fund to the credit of any

beneficiary may be paid to the beneficiary if the beneficiary recovers and is found competent, or if a minor, attains majority, or otherwise to the beneficiary’s guardian, curator, or conservator, or, in

the event of the beneficiary’s death, to the beneficiary’s personal

representative, except as otherwise provided by law; however, payment will not be made to the beneficiary’s personal representative

if, under the law of the beneficiary’s last legal residence, the beneficiary’s estate would escheat to the State. In the event of the death

of a mentally incompetent or insane veteran, all gratuitous benefits

under laws administered by the Secretary deposited before or after
611 CH. 55—MINORS, INCOMPETENTS, AND OTHER WARDS § 5503

August 7, 1959, in the personal funds of patients trust fund on account of such veteran shall not be paid to the personal representative of such veteran, but shall be paid to the following persons living at the time of settlement, and in the order named: The surviving spouse, the children (without regard to age or marital status) in equal parts, and the dependent parents of such veteran, in

equal parts. If any balance remains, such balance shall be deposited to the credit of the applicable current appropriation; except

that there may be paid only so much of such balance as may be

necessary to reimburse a person (other than a political subdivision

of the United States) who bore the expenses of last sickness or burial of the veteran for such expenses. No payment shall be made

under the two preceding sentences of this subsection unless claim

therefor is filed with the Secretary within five years after the death

of the veteran, except that, if any person so entitled under said two

sentences is under legal disability at the time of death of the veteran, such five-year period of limitation shall run from the termination or removal of the legal disability.

(e) Any funds in the hands of a fiduciary appointed by a State

court or the Secretary derived from benefits payable under laws administered by the Secretary, which under the law of the State

wherein the beneficiary had last legal residence would escheat to

the State, shall escheat to the United States and shall be returned

by such fiduciary, or by the personal representative of the deceased

beneficiary, less legal expenses of any administration necessary to

determine that an escheat is in order, to the Department, and shall

be deposited to the credit of the applicable revolving fund, trust

fund, or appropriation.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1232, § 3202; P.L. 86–146, § 1(a), Aug. 7, 1959,

73 Stat. 297; P.L. 92–328, § 105(a), June 30, 1972, 86 Stat. 395; P.L. 93–295, § 301,

May 31, 1974, 88 Stat. 183; P.L. 97–295, § 4(77), Oct. 12, 1982, 96 Stat. 1311; P.L.

98–223, § 207(a), (b)(1), Mar. 2, 1984, 98 Stat. 43; P.L. 99–576, § 505, § 701(76), Oct.

28, 1986, 100 Stat. 3287, 3297; renumbered § 5502 and amended P.L. 102–40,

§ 305(a), § 402(b)(1), May 7, 1991, 105 Stat. 210, 238; P.L. 102–83, § 4(a)(1),

(2)(A)(ix), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

§ 5503. Hospitalized veterans and estates of incompetent institutionalized veterans

(a)(1)(A) Where any veteran having neither spouse nor child is

being furnished domiciliary care by the Department, no pension in

excess of $90 per month shall be paid to or for the veteran for any

period after the end of the third full calendar month following the

month of admission for such care.

(B) Except as provided in subparagraph (D) of this paragraph,

where any veteran having neither spouse nor child is being furnished nursing home care by the Department, no pension in excess

of $90 per month shall be paid to or for the veteran for any period

after the end of the third full calendar month following the month

of admission for such care. Effective through September 30, 1997,

any amount in excess of $90 per month to which the veteran would

be entitled but for the application of the preceding sentence shall

be deposited in a revolving fund at the Department medical facility

which furnished the veteran nursing care, and such amount shall

be available for obligation without fiscal year limitation to help defray operating expenses of that facility.
§ 5503 CH. 55—MINORS, INCOMPETENTS, AND OTHER WARDS 612

(C) No pension in excess of $90 per month shall be paid to or for

a veteran having neither spouse nor child for any period after the

month in which such veteran is readmitted for care described in

subparagraph (A) or (B) of this paragraph and furnished by the Department if such veteran is readmitted within six months of a period of care in connection with which pension was reduced pursuant to subparagraph (A) or (B) of this paragraph.

(D) In the case of a veteran being furnished nursing home care

by the Department and with respect to whom subparagraph (B) of

this paragraph requires a reduction in pension, such reduction

shall not be made for a period of up to three additional calendar

months after the last day of the third month referred to in such

subparagraph if the Secretary determines that the primary purpose

for the furnishing of such care during such additional period is for

the Department to provide such veteran with a prescribed program

of rehabilitation services, under chapter 17 of this title, designed

to restore such veteran’s ability to function within such veteran’s

family and community. If the Secretary determines that it is necessary, after such period, for the veteran to continue such program

of rehabilitation services in order to achieve the purposes of such

program and that the primary purpose of furnishing nursing home

care to the veteran continues to be the provision of such program

to the veteran, the reduction in pension required by subparagraph

(B) of this paragraph shall not be made for the number of calendar

months that the Secretary determines is necessary for the veteran

to achieve the purposes of such program.

(2) The provisions of paragraph (1) shall also apply to a veteran

being furnished such care who has a spouse but whose pension is

payable under section 1521(b) of this title. In such a case, the Secretary may apportion and pay to the spouse, upon an affirmative

showing of hardship, all or any part of the amounts in excess of

the amount payable to the veteran while being furnished such care

which would be payable to the veteran if pension were payable

under section 1521(c) of this title.

(b) Notwithstanding any other provision of this section or any

other provision of law, no reduction shall be made in the pension

of any veteran for any part of the period during which the veteran

is furnished hospital treatment, or institutional or domiciliary care,

for Hansen’s disease, by the United States or any political subdivision thereof.

(c) Where any veteran in receipt of an aid and attendance allowance described in section 1114(r) of this title is hospitalized at Government expense, such allowance shall be discontinued from the

first day of the second calendar month which begins after the date

of the veteran’s admission for such hospitalization for so long as

such hospitalization continues. Any discontinuance required by administrative regulation, during hospitalization of a veteran by the

Department, of increased pension based on need of regular aid and

attendance or additional compensation based on need of regular aid

and attendance as described in subsection (l) or (m) of section 1114

of this title, shall not be effective earlier than the first day of the

second calendar month which begins after the date of the veterans’

admission for hospitalization. In case a veteran affected by this

subsection leaves a hospital against medical advice and is there-
613 CH. 55—MINORS, INCOMPETENTS, AND OTHER WARDS § 5503

after admitted to hospitalization within six months from the date

of such departure, such allowance, increased pension, or additional

compensation, as the case may be, shall be discontinued from the

date of such readmission for so long as such hospitalization continues.

(d)(1) For the purposes of this subsection—

(A) the term ‘‘Medicaid plan’’ means a State plan for medical

assistance referred to in section 1902(a) of the Social Security

Act (42 U.S.C. 1396a(a)); and

(B) the term ‘‘nursing facility’’ means a nursing facility described in section 1919 of such Act (42 U.S.C. 1396r), other

than a facility that is a State home with respect to which the

Secretary makes per diem payments for nursing home care

pursuant to section 1741(a) of this title.

(2) If a veteran having neither spouse nor child is covered by a

Medicaid plan for services furnished such veteran by a nursing facility, no pension in excess of $90 per month shall be paid to or for

the veteran for any period after the month of admission to such

nursing facility.

(3) Notwithstanding any provision of title XIX of the Social Security Act, the amount of the payment paid a nursing facility pursuant to a Medicaid plan for services furnished a veteran may not be

reduced by any amount of pension permitted to be paid such veteran under paragraph (2) of this subsection.

(4) A veteran is not liable to the United States for any payment

of pension in excess of the amount permitted under this subsection

that is paid to or for the veteran by reason of the inability or failure of the Secretary to reduce the veteran’s pension under this subsection unless such inability or failure is the result of a willful concealment by the veteran of information necessary to make a reduction in pension under this subsection.

(5) The provisions of this subsection shall apply with respect to

a surviving spouse having no child in the same manner as they

apply to a veteran having neither spouse nor child.

(6) The costs of administering this subsection shall be paid for

from amounts available to the Department of Veterans Affairs for

the payment of compensation and pension.

(7) This subsection expires on September 30, 2011.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1234, § 3203; P.L. 86–146, §§ 1(b), 2, Aug. 7,

1959, 73 Stat. 298; P.L. 86–211, § 6, Aug. 29, 1959, 73 Stat. 435; P.L. 87–544, § 1,

July 25, 1962, 76 Stat. 208; P.L. 87–556, § 1, July 27, 1962, 76 Stat. 245; P.L. 87–

645, § 2(b), Sept. 7, 1962, 76 Stat. 441; P.L. 88–450, § 5(a), Aug. 19, 1964, 78 Stat.

504; P.L. 89–362, §§ 1, 2, Mar. 7, 1966, 80 Stat. 30; P.L. 91–24, § 10, June 11, 1969,

83 Stat. 34; P.L. 92–328, § 104, June 30, 1972, 86 Stat. 394; P.L. 93–177, § 5, Dec.

6, 1973, 87 Stat. 696; P.L. 95–588, § 307, Nov. 4, 1978, 92 Stat. 2510; P.L. 96–385,

§ 503(b), Oct. 7, 1980, 94 Stat. 1534; P.L. 97–66, § 602, Oct. 17, 1981, 95 Stat. 1034;

P.L. 98–160, § 703(4), Nov. 21, 1983, 97 Stat. 1010; P.L. 98–543, § 402(a), Oct. 24,

1984, 98 Stat. 2749; P.L. 99–576, § 701(77), Oct. 28, 1986, 100 Stat. 3298; P.L. 101–

237, § 111(a), Dec. 18, 1989, 103 Stat. 2064; P.L. 101–508, § 8003(a), Nov. 5, 1990,

104 Stat. 1388–342; renumbered § 5503 and amended P.L. 102–40, § 304(a),

§ 402(b)(1), May 7, 1991, 105 Stat. 209, 238; P.L. 102–83, §§ 4(a)(2)(A)(x), (3), (4),

(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406; P.L. 102–86, § 101(a), Aug.

14, 1991, 105 Stat. 414; P.L. 102–568, § 601(a)–(c), Oct. 29, 1992, 106 Stat. 4341;

P.L. 103–66, § 12005, Aug. 10, 1993, 107 Stat. 414; P.L. 105–33, Aug. 5, 1997, 111

Stat. 664, § 8015; P.L. 106–419, §§ 304, 402(e), Nov. 1, 2000, 114 Stat. 1853, 1863;

P.L. 107–103, §§ 204(a), 504, Dec. 27, 2001, 115 Stat. 990, 995.)
§ 5504 CH. 55—MINORS, INCOMPETENTS, AND OTHER WARDS 614

§ 5504. Administration of trust funds

All cash balances in the personal funds of patients and the funds

due incompetent beneficiaries trust funds administered by the Secretary, and all moneys received which are properly for deposit into

these funds, may be deposited, respectively, into deposit fund accounts with the United States Treasury and such balances and deposits shall thereupon be available for disbursement for properly

authorized purposes. When any balances have been on deposit with

the Treasurer of the United States for more than one year and represent moneys belonging to individuals whose whereabouts are unknown, they shall be transferred and disposed of as directed in section 1322(a) of title 31.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1235, § 3204; P.L. 97–258, § 3(k)(5), Sept. 13,

1982, 96 Stat. 1065; renumbered § 5504, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403.)

[§ 5505. Repealed. P.L. 103–446, § 1201(g)(4)(A).]
(615)

CHAPTER 57—RECORDS AND INVESTIGATIONS

SUBCHAPTER I—RECORDS

Sec.

5701. Confidential nature of claims.

5702. Furnishing of records.

5703. Certification of records of District of Columbia.

5704. Transcript of trial records.

5705. Confidentiality of medical quality-assurance records.

SUBCHAPTER II—INVESTIGATIONS

5711. Authority to issue subpoenas.

5712. Validity of affidavits.

5713. Disobedience to subpoena.

SUBCHAPTER I—RECORDS

§ 5701. Confidential nature of claims

(a) All files, records, reports, and other papers and documents

pertaining to any claim under any of the laws administered by the

Secretary and the names and addresses of present or former members of the Armed Forces, and their dependents, in the possession

of the Department shall be confidential and privileged, and no disclosure thereof shall be made except as provided in this section.

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

(1) To a claimant or duly authorized agent or representative

of a claimant as to matters concerning the claimant alone

when, in the judgment of the Secretary, such disclosure would

not be injurious to the physical or mental health of the claimant and to an independent medical expert or experts for an advisory opinion pursuant to section 5109 or 7109 of this title.

(2) When required by process of a United States court to be

produced in any suit or proceeding therein pending.

(3) When required by any department or other agency of the

United States Government.

(4) In all proceedings in the nature of an inquest into the

mental competency of a claimant.

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

proper.

(6) In connection with any proceeding for the collection of an

amount owed to the United States by virtue of a person’s participation in any benefit program administered by the

Secretary when in the judgment of the Secretary such disclosure is deemed necessary and proper.

(c)(1) The amount of any payment made by the Secretary to any

person receiving benefits under a program administered by the
§ 5701 CH. 57—RECORDS AND INVESTIGATIONS 616

1Section 502 of Public Law 96–128 provides:

SEC. 502. In order to effectuate more fully the policy underlying the enactment of section

6103(m)(3) of the Internal Revenue Code of 1954 regarding the location, for certain purposes,

of individuals who are, or may have been, exposed to occupational hazards, the Director of the

National Institute of Occupational Safety and Health, upon request by the Secretary of Veterans

Affairs (or the head of any other Federal department, agency, or instrumentality) shall (1) pursuant to such section 6103(m)(3), request the mailing addresses of individuals who such Secretary (or such department, agency, or instrumentality head) certifies may have been exposed

to occupational hazards during active military, naval, or air service (as defined in section

101(24) of title 38, United States Code), and (2) provide such addresses to such Secretary (or

such department, agency, or instrumentality head) to be used solely for the purpose of locating

such individuals as part of an activity being carried out by or on behalf of the Department of

Veterans Affairs (or such other department, agency, or instrumentality) to determine the status

of their health or to inform them of the possible need for medical care and treatment and of

benefits to which they may be entitled based on disability resulting from exposure to such occupational hazards.

(Amended P.L. 102–83, § 6(e).)

Secretary shall be made known to any person who applies for such

information.

(2) Any appraisal report or certificate of reasonable value submitted to or prepared by the Secretary in connection with any loan

guaranteed, insured, or made under chapter 37 of this title shall

be made available to any person who applies for such report or

certificate.

(3) Subject to the approval of the President, the Secretary may

publish at any time and in any manner any or all information of

record pertaining to any claim filed with the Secretary if the Secretary determines that the public interest warrants or requires

such publication.

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

of recognized organizations.

(e) Except as otherwise specifically provided in this section with

respect to certain information, the Secretary may release information, statistics, or reports to individuals or organizations when in

the Secretary’s judgment such release would serve a useful

purpose.

(f) The Secretary may, pursuant to regulations the Secretary

shall prescribe, release the name or address, or both, of any

present or former member of the Armed Forces, or a dependent of

a present or former member of the Armed Forces, (1) to any nonprofit organization if the release is directly connected with the conduct of programs and the utilization of benefits under this title, or

(2) to any criminal or civil law enforcement governmental agency

or instrumentality charged under applicable law with the protection of the public health or safety if a qualified representative of

such agency or instrumentality has made a written request that

such name or address be provided for a purpose authorized by law.

Any organization or member thereof or other person who, knowing

that the use of any name or address released by the Secretary pursuant to the preceding sentence is limited to the purpose specified

in such sentence, willfully uses such name or address for a purpose

other than those so specified, shall be guilty of a misdemeanor and

be fined not more than $5,000 in the case of a first offense and not

more than $20,000 in the case of any subsequent offense.1

(g)(1) Subject to the provisions of this subsection, and under regulations which the Secretary shall prescribe, the Secretary may release the name or address, or both, of any person who is a present
617 CH. 57—RECORDS AND INVESTIGATIONS § 5701

or former member of the Armed Forces, or who is a dependent of

a present or former member of the Armed Forces, to a consumer

reporting agency if the release of such information is necessary for

a purpose described in paragraph (2) of this subsection.

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

made for the purpose of— (A) locating such a person— (i) who has been administratively determined to be indebted to the United States by virtue of the person’s participation in a benefits program administered by the Secretary; or

(ii) if the Secretary has determined under such regulations that (I) it is necessary to locate such person in order

to conduct a study pursuant to section 527 of this title or

a study required by any other provision of law, and (II) all

reasonable steps have been taken to assure that the release of such information to such reporting agency will not

have an adverse effect on such person; or

(B) Obtaining a consumer report in order to assess the ability of a person described in subparagraph (A)(i) of this paragraph to repay the indebtedness of such person to the United

States, but the Secretary may release the name or address of

such person for the purpose stated in this clause only if the

Secretary determines under such regulations that such person

has failed to respond appropriately to administrative efforts to

collect such indebtedness.

(3) The Secretary may also release to a consumer reporting agency, for the purposes specified in subparagraph (A) or (B) of paragraph (2) of this subsection, such other information as the Secretary determines under such regulations is reasonably necessary

to identify a person described in such paragraph, except that the

Secretary may not release to a consumer reporting agency any information which indicates any indebtedness on the part of such

person to the United States or any information which reflects adversely on such person. Before releasing any information under this

paragraph, the Secretary shall, under such regulations, take reasonable steps to provide for the protection of the personal privacy

of persons about whom information is proposed to be released

under this paragraph.

(4)(A) If the Secretary determines, under regulations which the

Secretary shall prescribe, that a person described in paragraph (1)

of this subsection has failed to respond appropriately to reasonable

administrative efforts to collect an indebtedness of such person described in paragraph (2)(A)(i) of this subsection, the Secretary may

release information concerning the indebtedness, including the

name and address of such person, to a consumer reporting agency

for the purpose of making such information available for inclusion

in consumer reports regarding such person and, if necessary, for

the purpose of locating such person, if— (i) the Secretary has (I) made reasonable efforts to notify

such person of such person’s right to dispute through prescribed administrative processes the existence or amount of

such indebtedness and of such person’s right to request a waiv-
§ 5701 CH. 57—RECORDS AND INVESTIGATIONS 618

er of such indebtedness under section 5302 of this title, (II) afforded such person a reasonable opportunity to exercise such

rights, and (III) made a determination with respect to any such

dispute or request; and

(ii) thirty calendar days have elapsed after the day on which

the Secretary has made a determination that reasonable efforts

have been made to notify such person (I) that the Secretary intends to release such information for such purpose or purposes,

and (II) that, upon the request of such person, the Secretary

shall inform such person of whether such information has been

so released and of the name and address of each consumer reporting agency to which such information was released by the

Secretary and of the specific information so released.

(B) After release of any information under subparagraph (A) of

this paragraph concerning the indebtedness of any person, the Secretary shall promptly notify—

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

(ii) each consumer reporting agency described in subsection

(i)(3)(B)(i) of this section to which such information has been

transmitted by the Secretary through a consumer reporting

agency described in subsection (i)(3)(B)(ii)(I) of this section,

of any substantial change in the status or amount of such indebtedness and, upon the request of any such consumer reporting agency

for verification of any or all information so released, promptly verify or correct, as appropriate, such information. The Secretary shall

also, after the release of such information, inform such person,

upon the request of such person, of the name and address of each

consumer reporting agency described in clause (i) or (ii) of this subparagraph to which such information was released or transmitted

by the Secretary and of the specific information so released or

transmitted.

(h)(1) Under regulations which the Secretary shall prescribe, the

Secretary may release the name or address, or both, of any person

who is a present or former member of the Armed Forces, or who

is a dependent of a present or former member of the Armed Forces

(and other information relating to the identity of such person), to

any person in a category of persons described in such regulations

and specified in such regulations as a category of persons to whom

such information may be released, if the release of such information is necessary for a purpose described in paragraph (2) of this

subsection.

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

(A) determining the creditworthiness, credit capacity, income, or financial resources of a person who has (i) applied for

any benefit under chapter 37 of this title, or (ii) submitted an

offer to the Secretary for the purchase of property acquired by

the Secretary under section 3720(a)(5) of this title;

(B) verifying, either before or after the Secretary has approved a person’s application for assistance in the form of a

loan guaranty or loan insurance under chapter 37 of this title,

information submitted by a lender to the Secretary regarding
619 CH. 57—RECORDS AND INVESTIGATIONS § 5702

the creditworthiness, credit capacity, income, or financial resources of such person;

(C) offering for sale or other disposition by the Secretary,

pursuant to section 3720 of this title, any loan or installment

sale contract owned or held by the Secretary; or

(D) providing assistance to any applicant for benefits under

chapter 37 of this title or administering such benefits if the

Secretary promptly records the fact of such release in appropriate records pertaining to the person concerning whom such

release was made.

(i)(1) No contract entered into for any of the purposes of subsection (g) or (h) of this section, and no action taken pursuant to

any such contract or either such subsection, shall result in the application of section 552a of title 5 to any consumer reporting agency

or any employee of a consumer reporting agency.

(2) The Secretary shall take reasonable steps to provide for the

protection of the personal privacy of persons about whom information is disclosed under subsection (g) or (h) of this section.

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

this section—

(A) The term ‘‘consumer report’’ has the meaning provided

such term in subsection (d) of section 603 of the Fair Credit

Reporting Act (15 U.S.C. 1681a(d)).

(B) The term ‘‘consumer reporting agency’’ means—

(i) a consumer reporting agency as such term is defined

in subsection (f) of section 603 of the Fair Credit Reporting

Act (15 U.S.C. 1681a(f)), or

(ii) any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in

part in the practice of (I) obtaining credit or other information on consumers for the purpose of furnishing such information to consumer reporting agencies (as defined in

clause (i) of this paragraph), or (II) serving as a marketing

agent under arrangements enabling third parties to obtain

such information from such reporting agencies.

(j) Except as provided in subsection (i)(1) of this section, any disclosure made pursuant to this section shall be made in accordance

with the provisions of section 552a of title 5.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1236, § 3301; P.L. 87–671, § 2, Sept. 19, 1962,

76 Stat. 557; P.L. 91–24, § 11, June 11, 1969, 83 Stat. 34; P.L. 92–540, § 412, Oct.

24, 1972, 86 Stat. 1093; P.L. 94–321, § 1(a), June 29, 1976, 90 Stat. 713; P.L. 94–

581, § 210(b), Oct. 21, 1976, 90 Stat. 2863; P.L. 96–466, § 606, Oct. 17, 1980, 94 Stat.

2212; P.L. 101–94, § 302(a), Aug. 16, 1989, 103 Stat. 628; renumbered § 5701 and

amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–

83, §§ 2(c)(6), 4(a)(1), (2)(A)(xi), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat.

402–406; P.L. 107–14, § 8(a)(13), June 5, 2001, 115 Stat. 35.)

§ 5702. Furnishing of records

(a) Any person desiring a copy of any record, paper, and so forth,

in the custody of the Secretary that may be disclosed under section

5701 of this title must submit to the Secretary an application in

writing for such copy. The application shall state specifically—

(1) the particular record, paper, and so forth, a copy of which

is desired and whether certified or uncertified; and

(2) the purpose for which such copy is desired to be used.
§ 5702 CH. 57—RECORDS AND INVESTIGATIONS 620

(b) The Secretary may establish a schedule of fees for copies and

certification of such records.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1236, § 3302; renumbered § 5702 and amended

P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–83,

§ 4(a)(2)(A)(xii), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; P.L. 103–446,

§ 1201(e)(16), Nov. 2, 1994, 108 Stat. 4686.)

§ 5703. Certification of records of District of Columbia

When a copy of any public record of the District of Columbia is

required by the Secretary to be used in determining the eligibility

of any person for benefits under laws administered by the Secretary, the official custodian of such public record shall without

charge provide the applicant for such benefits or any person (including any veterans’ organization) acting on the veteran’s behalf

or the authorized representative of the Secretary with a certified

copy of such record.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1237, § 3303; P.L. 99–576, § 701(78), Oct. 28,

1986, 100 Stat. 3298; renumbered § 5703, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(a)(1), (2)(A)(xiii), Aug. 6, 1991, 105 Stat. 403.)

§ 5704. Transcript of trial records

The Secretary may purchase transcripts of the record, including

all evidence, of trial of litigated cases.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1237, § 3304; renumbered § 5704, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991,

105 Stat. 404, 405.)

§ 5705. Confidentiality of medical quality-assurance records

(a) Records and documents created by the Department as part of

a medical quality-assurance program (other than reports submitted

pursuant to section 7311(g) of this title) are confidential and privileged and may not be disclosed to any person or entity except as

provided in subsection (b) of this section.

(b)(1) Subject to paragraph (2) of this subsection, a record or document described in subsection (a) of this section shall, upon request, be disclosed as follows:

(A) To a Federal agency or private organization, if such

record or document is needed by such agency or organization

to perform licensing or accreditation functions related to Department health-care facilities or to perform monitoring, required by statute, of Department health-care facilities.

(B) To a Federal executive agency or provider of health-care

services, if such record or document is required by such agency

or provider for participation by the Department in a healthcare program with such agency or provider.

(C) To a criminal or civil law enforcement governmental

agency or instrumentality charged under applicable law with

the protection of the public health or safety, if a qualified representative of such agency or instrumentality makes a written

request that such record or document be provided for a purpose

authorized by law.

(D) To health-care personnel, to the extent necessary to meet

a medical emergency affecting the health or safety of any individual.
621 CH. 57—RECORDS AND INVESTIGATIONS § 5705

(2) The name of and other identifying information regarding any

individual patient or employee of the Department, or any other individual associated with the Department for purposes of a medical

quality-assurance program, contained in a record or document described in subsection (a) of this section shall be deleted from any

record or document before any disclosure made under this subsection if disclosure of such name and identifying information

would constitute a clearly unwarranted invasion of personal privacy.

(3) No person or entity to whom a record or document has been

disclosed under this subsection shall make further disclosure of

such record or document except for a purpose provided in this subsection.

(4) Nothing in this section shall be construed as authority to

withhold any record or document from a committee of either House

of Congress or any joint committee of Congress, if such record or

document pertains to any matter within the jurisdiction of such

committee or joint committee.

(5) Nothing in this section shall be construed as limiting the use

of records and documents described in subsection (a) of this section

within the Department (including contractors and consultants of

the Department).

(6) Nothing in this section shall be construed as authorizing or

requiring withholding from any person or entity the disclosure of

statistical information regarding Department health-care programs

(including such information as aggregate morbidity and mortality

rates associated with specific activities at individual Department

health-care facilities) that does not implicitly or explicitly identify

individual patients or employees of the Department, or individuals

who participated in the conduct of a medical quality-assurance review.

(c) For the purpose of this section, the term ‘‘medical quality-assurance program’’ means— (1) with respect to any activity carried out before October 7,

1980, a Department systematic health-care review activity carried out by or for the Department for the purpose of improving

the quality of medical care or improving the utilization of

health-care resources in Department health-care facilities; and

(2) with respect to any activity carried out on or after

October 7, 1980, a Department systematic health-care review

activity designated by the Secretary to be carried out by or for

the Department for either such purpose.

(d)(1) The Secretary shall prescribe regulations to carry out this

section. In prescribing such regulations, the Secretary shall specify

those activities carried out before October 7, 1980, which the Secretary determines meet the definition of medical quality-assurance

program in subsection (c)(1) of this section and those activities

which the Secretary has designated under subsection (c)(2) of this

section. The Secretary shall, to the extent appropriate, incorporate

into such regulations the provisions of the administrative guidelines and procedures governing such programs in existence on October 7, 1980.

(2) An activity may not be considered as having been designated

as a medical quality-assurance program for the purposes of sub-
§ 5705 CH. 57—RECORDS AND INVESTIGATIONS 622

section (c)(2) of this section unless the designation has been specified in such regulations.

(e) Any person who, knowing that a document or record is a document or record described in subsection (a) of this section, willfully

discloses such record or document except as provided for in subsection (b) of this section shall be fined not more than $5,000 in

the case of a first offense and not more than $20,000 in the case

of a subsequent offense.

(Added P.L. 96–385, § 505(a), Oct. 7, 1980, 94 Stat. 1535, § 3305; amended P.L. 99– 166, § 201, Dec. 3, 1985, 99 Stat. 949; renumbered § 5705 and amended P.L. 102– 40, §§ 402(b)(1), 403(b)(2), May 7, 1991, 105 Stat. 238, 239; P.L. 102–54, § 14(d)(4),

June 13, 1991, 105 Stat. 285; P.L. 102–83, § 4(a)(2)(F), (3), (4), (b)(1), (2)(E), Aug.

6, 1991, 105 Stat. 404, 405.)

SUBCHAPTER II—INVESTIGATIONS

§ 5711. Authority to issue subpoenas

(a) For the purposes of the laws administered by the Secretary,

the Secretary, and those employees to whom the Secretary may

delegate such authority, to the extent of the authority so delegated,

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

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

other evidence;

(3) take affidavits and administer oaths and affirmations;

(4) aid claimants in the preparation and presentation of

claims; and

(5) make investigations and examine witnesses upon any

matter within the jurisdiction of the Department.

(b) Any person required by such subpoena to attend as a witness

shall be allowed and paid the same fees and mileage as are paid

witnesses in the district courts of the United States.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1237, § 3311; renumbered § 5711, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–54, § 14(d)(5)(A), June 13, 1991,

105 Stat. 286.)

§ 5712. Validity of affidavits

Any such oath, affirmation, affidavit, or examination, when certified under the hand of any such employee by whom it was administered or taken and authenticated by the seal of the Department,

may be offered or used in any court of the United States and without further proof of the identity or authority of such employee shall

have like force and effect as if administered or taken before a clerk

of such court.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1237, § 3312; renumbered § 5712, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105

Stat. 404.)

§ 5713. Disobedience to subpoena

In case of disobedience to any such subpoena, the aid of any district court of the United States may be invoked in requiring the attendance and testimony of witnesses and the production of documentary evidence, and such court within the jurisdiction of which

the inquiry is carried on may, in case of contumacy or refusal to
623 CH. 57—RECORDS AND INVESTIGATIONS § 5713

obey a subpoena issued to any officer, agent, or employee of any

corporation or to any other person, issue an order requiring such

corporation or other person to appear or to give evidence touching

the matter in question; and any failure to obey such order of the

court may be punished by such court as a contempt thereof.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1237, § 3313; renumbered § 5713, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–54, § 14(d)(6)(A), (B), June 13,

1991, 105 Stat. 286.)
(624)

CHAPTER 59—AGENTS AND ATTORNEYS

Sec.

5901. Prohibition against acting as claims agent or attorney.

5902. Recognition of representatives of organizations.

5903. Recognition with respect to particular claims.

5904. Recognition of agents and attorneys generally.

5905. Penalty for certain acts.

§ 5901. Prohibition against acting as claims agent or attorney

Except as provided by section 500 of title 5, no individual may

act as an agent or attorney in the preparation, presentation, or

prosecution of any claim under laws administered by the Secretary

unless such individual has been recognized for such purposes by

the Secretary.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1238, § 3401; P.L. 91–24, § 12(a), June 11, 1969,

83 Stat. 34; P.L. 99–576, § 701(79), Oct. 28, 1986, 100 Stat. 3298; renumbered

§ 5901, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(a)(1),

(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

§ 5902. Recognition of representatives of organizations

(a)(1) The Secretary may recognize representatives of the American National Red Cross, the American Legion, the Disabled American Veterans, the United Spanish War Veterans, the Veterans of

Foreign Wars, and such other organizations as the Secretary may

approve, in the preparation, presentation, and prosecution of

claims under laws administered by the Secretary.

(2) The Secretary may, in the discretion of the Secretary, furnish,

if available, space and office facilities for the use of paid full-time

representatives of national organizations so recognized.

(b) No individual shall be recognized under this section—

(1) unless the individual has certified to the Secretary that

no fee or compensation of any nature will be charged any individual for services rendered in connection with any claim; and

(2) unless, with respect to each claim, such individual has

filed with the Secretary a power of attorney, executed in such

manner and form as the Secretary may prescribe.

(c)(1) Unless a claimant specifically indicates in a power of attorney filed with the Department a desire to appoint only a recognized

representative of an organization listed in or approved under subsection (a), the Secretary may, for any purpose, treat the power of

attorney naming such an organization, a specific office of such an

organization, or a recognized representative of such an organization

as the claimant’s representative as an appointment of the entire organization as the claimant’s representative.

(2) Whenever the Secretary is required or permitted to notify a

claimant’s representative, and the claimant has named in a power
625 CH. 59—AGENTS AND ATTORNEYS § 5904

of attorney an organization listed in or approved under subsection

(a), a specific office of such an organization, or a recognized representative of such an organization without specifically indicating

a desire to appoint only a recognized representative of the organization, the Secretary shall notify the organization at the address

designated by the organization for the purpose of receiving the notification concerned.

(d) Service rendered in connection with any such claim, while not

on active duty, by any retired officer, warrant officer, or enlisted

member of the Armed Forces recognized under this section shall

not be a violation of sections 203, 205, 206, or 207 of title 18.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1238, § 3402; P.L. 91–24, § 12(b), June 11, 1969,

83 Stat. 34; P.L. 98–160, § 703(5), Nov. 21, 1983, 97 Stat. 1010; renumbered § 5902,

P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(a)(1), (b)(1),

(2)(E), Aug. 6, 1991, 105 Stat. 403–405; P.L. 104–275, § 508(a), (b), Oct. 9, 1996, 110

Stat. 3343, 3344.)

§ 5903. Recognition with respect to particular claims

The Secretary may recognize any individual for the preparation,

presentation, and prosecution of any particular claim for benefits

under any of the laws administered by the Secretary if—

(1) such individual has certified to the Secretary that no fee

or compensation of any nature will be charged any individual

for services rendered in connection with such claim; and

(2) such individual has filed with the Secretary a power of

attorney, executed in such manner and in such form as the

Secretary may prescribe.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1238, § 3403; renumbered § 5903, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6,

1991, 105 Stat. 403–405.)

§ 5904. Recognition of agents and attorneys generally

(a) The Secretary may recognize any individual as an agent or

attorney for the preparation, presentation, and prosecution of

claims under laws administered by the Secretary. The Secretary

may require that individuals, before being recognized under this

section, show that they are of good moral character and in good repute, are qualified to render claimants valuable service, and otherwise are competent to assist claimants in presenting claims.

(b) The Secretary, after notice and opportunity for a hearing,

may suspend or exclude from further practice before the Department any agent or attorney recognized under this section if the

Secretary finds that such agent or attorney—

(1) has engaged in any unlawful, unprofessional, or dishonest

practice;

(2) has been guilty of disreputable conduct;

(3) is incompetent;

(4) has violated or refused to comply with any of the laws administered by the Secretary, or with any of the regulations or

instructions governing practice before the Department; or

(5) has in any manner deceived, misled, or threatened any

actual or prospective claimant.

(c)(1) Except as provided in paragraph (3), in connection with a

proceeding before the Department with respect to benefits under
§ 5904 CH. 59—AGENTS AND ATTORNEYS 626

laws administered by the Secretary, a fee may not be charged, allowed, or paid for services of agents and attorneys with respect to

services provided before the date on which the Board of Veterans’

Appeals first makes a final decision in the case. Such a fee may

be charged, allowed, or paid in the case of services provided after

such date only if an agent or attorney is retained with respect to

such case before the end of the one-year period beginning on that

date. The limitation in the preceding sentence does not apply to

services provided with respect to proceedings before a court.

(2) A person who, acting as agent or attorney in a case referred

to in paragraph (1) of the subsection, represents a person before

the Department or the Board of Veterans’ Appeals after the Board

first makes a final decision in the case shall file a copy of any fee

agreement between them with the Board at such time as may be

specified by the Board. The Board, upon its own motion or the request of either party, may review such a fee agreement and may

order a reduction in the fee called for in the agreement if the Board

finds that the fee is excessive or unreasonable. A finding or order

of the Board under the preceding sentence may be reviewed by the

Court of Appeals for Veterans Claims under section 7263(d) of this

title.

(3) A reasonable fee may be charged or paid in connection with

any proceeding before the Department in a case arising out of a

loan made, guaranteed, or insured under chapter 37 of this title.

A person who charges a fee under this paragraph shall enter into

a written agreement with the person represented and shall file a

copy of the fee agreement with the Secretary at such time, and in

such manner, as may be specified by the Secretary.

(d)(1) When a claimant and an attorney have entered into a fee

agreement described in paragraph (2) of this subsection, the total

fee payable to the attorney may not exceed 20 percent of the total

amount of any past-due benefits awarded on the basis of the claim.

(2)(A) A fee agreement referred to in paragraph (1) is one under

which the total amount of the fee payable to the attorney—

(i) is to be paid to the attorney by the Secretary directly from

any past-due benefits awarded on the basis of the claim; and

(ii) is contingent on whether or not the matter is resolved in

a manner favorable to the claimant.

(B) For purposes of subparagraph (A) of this paragraph, a claim

shall be considered to have been resolved in a manner favorable to

the claimant if all or any part of the relief sought is granted.

(3) To the extent that past-due benefits are awarded in any proceeding before the Secretary, the Board of Veterans’ Appeals, or the

Court of Appeals for Veterans Claims, the Secretary may direct

that payment of any attorneys’ fee under a fee arrangement described in paragraph (1) of this subsection be made out of such

past-due benefits. In no event may the Secretary withhold for the

purpose of such payment any portion of benefits payable for a period after the date of the final decision of the Secretary, the Board

of Veterans’ Appeals, or Court of Appeals for Veterans Claims making (or ordering the making of) the award.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1238, § 3404; P.L. 99–576, § 701(80), Oct. 28,

1986, 100 Stat. 3298; P.L. 100–687, § 104(a), Nov. 18, 1988, 102 Stat. 4108; renumbered § 5904 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat.
627 CH. 59—AGENTS AND ATTORNEYS § 5905

238, 239; P.L. 102–83, § 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–

405; P.L. 102–405, § 303(a), Oct. 9, 1992, 106 Stat. 1985; P.L. 103–446, § 504(a),

Nov. 2, 1994, 108 Stat. 4663; P.L. 105–368, Nov. 11, 1998, § 512(a)(1), 112 Stat.

3341.)

§ 5905. Penalty for certain acts

Whoever (1) directly or indirectly solicits, contracts for, charges,

or receives, or attempts to solicit, contract for, charge, or receive,

any fee or compensation except as provided in sections 5904 or

1984 of this title, or (2) wrongfully withholds from any claimant or

beneficiary any part of a benefit or claim allowed and due to the

claimant or beneficiary, shall be fined as provided in title 18, or imprisoned not more than one year, or both.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1239, § 3405; P.L. 99–576, § 701(81), Oct. 28,

1986, 100 Stat. 3298; P.L. 100–687, § 104(b), Nov. 18, 1988, 102 Stat. 4109; renumbered § 5905 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

238, 239; P.L. 102–83, § 5(c)(1), Aug. 6, 1991, 105 Stat. 406.)
(628)

CHAPTER 61—PENAL AND FORFEITURE PROVISIONS

Sec.

6101. Misappropriation by fiduciaries.

6102. Fraudulent acceptance of payments.

6103. Forfeiture for fraud.

6104. Forfeiture for treason.

6105. Forfeiture for subversive activities.

§ 6101. Misappropriation by fiduciaries

(a) Whoever, being a guardian, curator, conservator, committee,

or person legally vested with the responsibility or care of a claimant or a claimant’s estate, or any other person having charge and

custody in a fiduciary capacity of money heretofore or hereafter

paid under any of the laws administered by the Secretary for the

benefit of any minor, incompetent, or other beneficiary, shall lend,

borrow, pledge, hypothecate, use, or exchange for other funds or

property, except as authorized by law, or embezzle or in any manner misappropriate any such money or property derived therefrom

in whole or in part and coming into such fiduciary’s control in any

manner whatever in the execution of such fiduciary’s trust, or

under color of such fiduciary’s office or service as such fiduciary,

shall be fined in accordance with title 18, or imprisoned not more

than five years, or both.

(b) Any willful neglect or refusal to make and file proper accountings or reports concerning such money or property as required by

law shall be taken to be sufficient evidence prima facie of such embezzlement or misappropriation.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1239, § 3501; P.L. 99–576, § 701(82), Oct. 28,

1986, 100 Stat. 3298; renumbered § 6101, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–54, § 14(d)(7), June 13, 1991, 105 Stat. 286; P.L. 102–83,

§ 4(a)(1), Aug. 6, 1991, 105 Stat. 403; P.L. 103–446, § 1201(e)(17), Nov. 2, 1994, 108

Stat. 4686.)

§ 6102. Fraudulent acceptance of payments

(a) Any person entitled to monetary benefits under any of the

laws administered by the Secretary whose right to payment thereof

ceases upon the happening of any contingency, who thereafter

fraudulently accepts any such payment, shall be fined in accordance with title 18, or imprisoned not more than one year, or both.

(b) Whoever obtains or receives any money or check under any

of the laws administered by the Secretary without being entitled to

it, and with intent to defraud the United States or any beneficiary

of the United States, shall be fined in accordance with title 18, or

imprisoned not more than one year, or both.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1239, § 3502; renumbered § 6102, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–54, § 14(d)(7), June 13, 1991, 105

Stat. 286; P.L. 102–83, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403.)
629 CH. 61—PENAL AND FORFEITURE PROVISIONS § 6103

§ 6103. Forfeiture for fraud

(a) Whoever knowingly makes or causes to be made or conspires,

combines, aids, or assists in, agrees to, arranges for, or in any way

procures the making or presentation of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper, concerning any claim for benefits under any of the laws administered

by the Secretary (except laws pertaining to insurance benefits)

shall forfeit all rights, claims, and benefits under all laws administered by the Secretary (except laws pertaining to insurance benefits).

(b) Whenever a veteran entitled to disability compensation has

forfeited the right to such compensation under this section, the

compensation payable but for the forfeiture shall thereafter be paid

to the veteran’s spouse, children, and parents. Payments made to

a spouse, children, and parents under the preceding sentence shall

not exceed the amounts payable to each if the veteran had died

from service-connected disability. No spouse, child, or parent who

participated in the fraud for which forfeiture was imposed shall receive any payment by reason of this subsection. An apportionment

award under this subsection may not be made in any case after

September 1, 1959.

(c) Forfeiture of benefits by a veteran shall not prohibit payment

of the burial allowance, death compensation, dependency and indemnity compensation, or death pension in the event of the veterans’ death.

(d)(1) After September 1, 1959, no forfeiture of benefits may be

imposed under this section or section 6104 of this title upon any

individual who was a resident of, or domiciled in, a State at the

time the act or acts occurred on account of which benefits would,

but not for this subsection, be forfeited unless such individual

ceases to be a resident of, or domiciled in, a State before the expiration of the period during which criminal prosecution could be instituted. This subsection shall not apply with respect to (A) any forfeiture occurring before September 1, 1959, or (B) an act or acts

which occurred in the Philippine Islands before July 4, 1946.

(2) The Secretary is hereby authorized and directed to review all

cases in which, because of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper, a forfeiture of gratuitous benefits under laws administered by the Secretary was imposed, pursuant to this section or prior provisions of law, on or before September 1, 1959. In any such case in which the Secretary

determines that the forfeiture would not have been imposed under

the provisions of this section in effect after September 1, 1959, the

Secretary shall remit the forfeiture, effective June 30, 1972. Benefits to which the individual concerned becomes eligible by virtue of

any such remission may be awarded, upon application therefor, and

the effective date of any award of compensation, dependency and

indemnity compensation, or pension made in such a case shall be

fixed in accordance with the provisions of section 5110(g) of this

title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1240, § 3503; P.L. 86–222, § 1, Sept. 1, 1959,

73 Stat. 452; P.L. 91–24, § 13(a), June 11, 1969, 83 Stat. 34; P.L. 92–328, § 206,

June 30, 1972, 86 Stat. 397; P.L. 98–160, § 703(6), Nov. 21, 1983, 97 Stat. 1011; P.L.
§ 6103 CH. 61—PENAL AND FORFEITURE PROVISIONS 630

99–576, § 701(83), Oct. 28, 1986, 100 Stat. 3298; renumbered § 6103 and amended

P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–54,

§ 14(d)(8), June 13, 1991, 105 Stat. 286; P.L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6,

1991, 105 Stat. 403–405; P.L. 103–446, § 1201(e)(18), (f)(5), Nov. 2, 1994, 108 Stat.

4686, 4687.)

§ 6104. Forfeiture for treason

(a) Any person shown by evidence satisfactory to the Secretary

to be guilty of mutiny, treason, sabotage, or rendering assistance

to an enemy of the United States or of its allies shall forfeit all accrued or future gratuitous benefits under laws administered by the

Secretary.

(b) The Secretary, in the Secretary’s discretion, may apportion

and pay any part of benefits forfeited under subsection (a) to the

dependents of the person forfeiting such benefits. No dependent of

any person shall receive benefits by reason of this subsection in excess of the amount to which the dependent would be entitled if

such person were dead.

(c) In the case of any forfeiture under this section there shall be

no authority after September 1, 1959 (1) to make an apportionment

award pursuant to subsection (b) or (2) to make an award to any

person of gratuitous benefits based on any period of military, naval,

or air service commencing before the date of commission of the offense.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1240, § 3504; P.L. 86–222, § 2, Sept. 1, 1959,

73 Stat. 452; P.L. 91–24, § 13(b), June 11, 1969, 83 Stat. 34; P.L. 97–295, § 4(78),

Oct. 12, 1982, 96 Stat. 1311; P.L. 99–576, § 701(84), Oct. 28, 1986, 100 Stat. 3298;

renumbered § 6104, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–

83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

§ 6105. Forfeiture for subversive activities

(a) Any individual who is convicted after September 1, 1959, of

any offense listed in subsection (b) of this section shall, from and

after the date of commission of such offense, have no right to gratuitous benefits (including the right to burial in a national cemetery)

under laws administered by the Secretary based on periods of military, naval, or air service commencing before the date of the commission of such offense and no other person shall be entitled to

such benefits on account of such individual. After receipt of notice

of the return of an indictment for such an offense the Secretary

shall suspend payment of such gratuitous benefits pending disposition of the criminal proceedings. If any individual whose right to

benefits has been terminated pursuant to this section is granted a

pardon of the offense by the President of the United States, the

right to such benefits shall be restored as of the date of such pardon.

(b) The offenses referred to in subsection (a) of this section are

those offenses for which punishment is prescribed in—

(1) sections 894, 904, and 906 of title 10 (articles 94, 104,

and 106 of the Uniform Code of Military Justice);

(2) sections 792, 793, 794, 798, 2381, 2382, 2383, 2384, 2385,

2387, 2388, 2389, 2390, and chapter 105 of title 18;

(3) sections 222, 223, 224, 225, and 226 of the Atomic Energy

Act of 1954 (42 U.S.C. 2272, 2273, 2274, 2275, and 2276); and
631 CH. 61—PENAL AND FORFEITURE PROVISIONS § 6105

(4) section 4 of the Internal Security Act of 1950 (50 U.S.C.

783).

(c) The Secretary of Defense or the Secretary of Transportation,

as appropriate, shall notify the Secretary in each case in which an

individual is convicted of an offense listed in paragraph (1) of subsection (b). The Attorney General shall notify the Secretary in each

case in which an individual is indicted or convicted of an offense

listed in paragraph (2), (3), or (4) of subsection (b).

(Added P.L. 86–222, § 3(a), Sept. 1, 1959, 73 Stat. 453, § 3505; amended P.L. 92–

128, § 2(c), Sept. 25, 1971, 85 Stat. 348; P.L. 93–43, § 8, June 18, 1973, 87 Stat. 88;

P.L. 97–295, § 4(79), Oct. 12, 1982, 96 Stat. 1311; renumbered § 6105, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–54, § 14(d)(9), June 13, 1991, 105

Stat. 287; P.L. 102–83, § 4(a)(1), (2)(A)(xiv), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.

403–405; P.L. 103–446, § 1201(e)(19), Nov. 2, 1994, 108 Stat. 4686.)

(633)

PART V—BOARDS, ADMINISTRATIONS, AND

SERVICES

CHAPTER Sec.

71. Board of Veterans’ Appeals ............................................ 7101

72. United States Court of Appeals for Veterans Claims 7251

73. Veterans Health Administration—Organization and

Functions ..................................................................... 7301

74. Veterans Health Administration—Personnel ............... 7401

76. Health Professionals Educational Assistance Program 7601

77. Veterans Benefits Administration ................................. 7701

78. Veterans’ Canteen Service ............................................. 7801

(635)

CHAPTER 71—BOARD OF VETERANS’ APPEALS

Sec.

7101. Composition of Board of Veterans’ Appeals.

7101A. Members of Board: appointment; pay; performance review.

7102. Assignment of members of Board.

7103. Reconsideration; correction of obvious errors.

7104. Jurisdiction of the Board.

7105. Filing of notice of disagreement and appeal.

7105A. Simultaneously contested claims.

7106. Administrative appeals.

7107. Appeals: dockets; hearings.

7108. Rejection of applications.

7109. Independent medical opinions.

7110. [Repealed.]

7111. Revision of decisions on grounds of clear and unmistakable error.

§ 7101. Composition of Board of Veterans’ Appeals

(a) There is in the Department a Board of Veterans’ Appeals

(hereinafter in this chapter referred to as the ‘‘Board’’). The Board

is under the administrative control and supervision of a chairman

directly responsible to the Secretary. The Board shall consist of a

Chairman, a Vice Chairman, and such number of members as may

be found necessary in order to conduct hearings and dispose of appeals properly before the Board in a timely manner. The Board

shall have such other professional, administrative, clerical, and

stenographic personnel as are necessary in conducting hearings

and considering and disposing of appeals properly before the Board.

The Board shall have sufficient personnel under the preceding sentence to enable the Board to conduct hearings and consider and

dispose of appeals properly before the Board in a timely manner.

(b)(1) The Chairman shall be appointed by the President, by and

with the advice and consent of the Senate, for a term of six years.

The Chairman shall be subject to the same ethical and legal limitations and restrictions concerning involvement in political activities

as apply to judges of the Court of Appeals for Veterans Claims.

(2) The Chairman may be removed by the President for misconduct, inefficiency, neglect of duty, or engaging in the practice of

law or for physical or mental disability which, in the opinion of the

President, prevents the proper execution of the Chairman’s duties.

The Chairman may not be removed from office by the President on

any other grounds. Any such removal may only be made after notice and opportunity for hearing.

(3) The Chairman may be appointed under this subsection to

more than one term. If, upon the expiration of the term of office

for which the Chairman was appointed, the position of Chairman

would become vacant, the individual serving as Chairman may,

with the approval of the Secretary, continue to serve as Chairman

until either appointed to another term or a successor is appointed,
§ 7101 CH. 71—BOARD OF VETERANS’ APPEALS 636

but not beyond the end of the Congress during which the term of

office expired.

(4) The Secretary shall designate one member of the Board as

Vice Chairman. The Vice Chairman shall perform such functions as

the Chairman may specify. Such member shall serve as Vice Chairman at the pleasure of the Secretary.

(c)(1)(A) The Chairman may from time to time designate one or

more employees of the Department to serve as acting members of

the Board. Except as provided in subparagraph (B), any such designation shall be for a period not to exceed 90 days, as determined

by the Chairman.

(B) An individual designated as an acting member of the Board

may continue to serve as an acting member of the Board in the

making of any determination on a proceeding for which the individual was designated as an acting member of the Board, notwithstanding the termination of the period of designation of the individual as an acting member of the Board under subparagraph (A)

or (C).

(C) An individual may not serve as an acting member of the

Board for more than 270 days during any one-year period.

(D) At no time may the number of acting members exceed 20 percent of the total of the number of Board members and acting Board

members combined.

(2) In each annual report to the Congress under section 529 of

this title, the Secretary shall provide detailed descriptions of the

activities undertaken and plans made in the fiscal year for which

the report is made with respect to the authority provided by paragraph (1) of this subsection. In each such report, the Secretary

shall indicate, in terms of full-time employee equivalents, the number of acting members of the Board designated under such paragraph (1) during the year for which the report is made.

(d)(1) After the end of each fiscal year, the Chairman shall prepare a report on the activities of the Board during that fiscal year

and the projected activities of the Board for the fiscal year during

which the report is prepared and the next fiscal year. Such report

shall be included in the documents providing detailed information

on the budget for the Department that the Secretary submits to the

Congress in conjunction with the President’s budget submission for

any fiscal year pursuant to section 1105 of title 31.

(2) Each such report shall include, with respect to the preceding

fiscal year, information specifying— (A) the number of cases appealed to the Board during that

year;

(B) the number of cases pending before the Board at the beginning and at the end of that year;

(C) the number of such cases which were filed during each

of the 36 months preceding the current fiscal year;

(D) the average length of time a case was before the Board

between the time of the filing of an appeal and the disposition

during the preceding fiscal year;

(E) the number of members of the Board at the end of the

year and the number of professional, administrative, clerical,

stenographic, and other personnel employed by the Board at

the end of the preceding fiscal year; and
637 CH. 71—BOARD OF VETERANS’ APPEALS § 7101A

(F) the number of employees of the Department designated

under subsection (c)(1) to serve as acting members of the Board

during that year and the number of cases in which each such

member participated during that year.

(3) The projections in each such report for the current fiscal year

and for the next fiscal year shall include (for each such year)—

(A) an estimate of the number of cases to be appealed to the

Board; and

(B) an evaluation of the ability of the Board (based on existing and projected personnel levels) to ensure timely disposition

of such appeals as required by section 7101(a) of this title.

(e) A performance incentive that is authorized by law for officers

and employees of the Federal Government may be awarded to a

member of the Board (including an acting member) by reason of

the member’s service on the Board only if the Chairman of the

Board determines that such member should be awarded that incentive. A determination by the Chairman for such purpose shall be

made taking into consideration the quality of performance of the

Board member.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1240, § 4001; P.L. 98–223, § 208(a)–(c), Mar. 2,

1984, 98 Stat. 43, 44; P.L. 100–687, §§ 201(a), 202(b), 208, 209, Nov. 18, 1988, 102

Stat. 4109, 4110, 4112; renumbered § 7101 and amended P.L. 102–40, § 402(b)(1),

(d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–54, § 14(e)(2), June 13, 1991, 105

Stat. 287; P.L. 102–83, §§ 2(c)(3), 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.

402, 404, 405; P.L. 103–271, §§ 2–5, July 1, 1994, 108 Stat. 740, 741; P.L. 103–446,

§§ 201(d), 203, Nov. 2, 1994, 108 Stat. 4657; P.L. 105–368, Nov. 11, 1998, § 512(a)(1),

112 Stat. 3341; P.L. 107–14, § 8(a)(16), June 5, 2001, 115 Stat. 35.)

§ 7101A. Members of Board: appointment; pay; performance

review

(a)(1) The members of the Board of Veterans’ Appeals other than

the Chairman (and including the Vice Chairman) shall be appointed by the Secretary, with the approval of the President, based

upon recommendations of the Chairman.

(2) Each member of the Board shall be a member in good standing of the bar of a State.

(b) Members of the Board (other than the Chairman and any

member of the Board who is a member of the Senior Executive

Service) shall, in accordance with regulations prescribed by the

Secretary, be paid basic pay at rates equivalent to the rates payable under section 5372 of title 5.

(c)(1)(A) The Chairman shall establish a panel to review the performance of members of the Board. The panel shall be comprised

of the Chairman and two other members of the Board (other than

the Vice Chairman). The Chairman shall periodically rotate membership on the panel so as to ensure that each member of the

Board (other than the Vice Chairman) serves as a member of the

panel for and within a reasonable period.

(B) Not less than one year after the job performance standards

under subsection (f) are initially established, and not less often

than once every three years thereafter, the performance review

panel shall determine, with respect to each member of the Board

(other than the Chairman or a member who is a member of the

Senior Executive Service), whether that member’s job performance

as a member of the Board meets the performance standards for a
§ 7101A CH. 71—BOARD OF VETERANS’ APPEALS 638

member of the Board established under subsection (f). Each such

determination shall be in writing.

(2) If the determination of the performance review panel in any

case is that the member’s job performance as a member of the

Board meets the performance standards for a member of the Board

established under subsection (f), the Chairman shall recertify the

member’s appointment as a member of the Board.

(3) If the determination of the performance review panel in any

case is that the member’s job performance does not meet the performance standards for a member of the Board established under

subsection (f), the Chairman shall, based upon the individual circumstances, either— (A) grant the member a conditional recertification; or

(B) recommend to the Secretary that the member be noncertified.

(4) In the case of a member of the Board who is granted a conditional recertification under paragraph (3)(A) or (5)(A), the performance review panel shall review the member’s job performance

record and make a further determination under paragraph (1) concerning that member not later than one year after the date of the

conditional recertification. If the determination of the performance

review panel at that time is that the member’s job performance as

a member of the Board still does not meet the performance standards for a member of the Board established under subsection (f),

the Chairman shall recommend to the Secretary that the member

be noncertified.

(5) In a case in which the Chairman recommends to the Secretary under paragraph (3) or (4) that a member be noncertified,

the Secretary, after considering the recommendation of the Chairman, may either—

(A) grant the member a conditional recertification; or

(B) determine that the member should be noncertified.

(d)(1) If the Secretary, based upon the recommendation of the

Chairman, determines that a member of the Board should be noncertified, that member’s appointment as a member of the Board

shall be terminated and that member shall be removed from the

Board.

(2)(A) Upon removal from the Board under paragraph (1) of a

member of the Board who before appointment to the Board served

as an attorney in the civil service, the Secretary shall appoint that

member to an attorney position at the Board, if the removed member so requests. If the removed member served in an attorney position at the Board immediately before appointment to the Board, appointment to an attorney position under this paragraph shall be in

the grade and step held by the removed member immediately before such appointment to the Board.

(B) The Secretary is not required to make an appointment to an

attorney position under this paragraph if the Secretary determines

that the member of the Board removed under paragraph (1) is not

qualified for the position.

(e)(1) A member of the Board (other than the Chairman or a

member of the Senior Executive Service) may be removed as a

member of the Board by reason of job performance only as provided

in subsections (c) and (d). Such a member may be removed by the
639 CH. 71—BOARD OF VETERANS’ APPEALS § 7103

Secretary, upon the recommendation of the Chairman, for any

other reason as determined by the Secretary.

(2) In the case of a removal of a member under this section for

a reason other than job performance that would be covered by section 7521 of title 5 in the case of an administrative law judge, the

removal of the member of the Board shall be carried out subject to

the same requirements as apply to removal of an administrative

law judge under that section. Section 554(a)(2) of title 5 shall not

apply to a removal action under this subsection. In such a removal

action, a member shall have the rights set out in section 7513(b)

of that title.

(f) The Chairman, subject to the approval of the Secretary, shall

establish standards for the performance of the job of a member of

the Board (other than the Chairman or a member of the Senior Executive Service). Those standards shall establish objective and fair

criteria for evaluation of the job performance of a member of the

Board.

(g) The Secretary shall prescribe procedures for the administration of this section, including deadlines and time schedules for different actions under this section.

(Added P.L. 103–446, § 201(a)(1), Nov. 2, 1994, 108 Stat. 4655; P.L. 105–368, § 1002,

Nov. 11, 1998, 112 Stat. 3363.)

§ 7102. Assignment of members of Board

(a) A proceeding instituted before the Board may be assigned to

an individual member of the Board or to a panel of not less than

three members of the Board. A member or panel assigned a proceeding shall make a determination thereon, including any motion

filed in connection therewith. The member or panel, as the case

may be, shall make a report under section 7104(d) of this title on

any such determination, which report shall constitute the final disposition of the proceeding by the member or panel.

(b) A proceeding may not be assigned to the Chairman as an individual member. The Chairman may participate in a proceeding

assigned to a panel or in a reconsideration assigned to a panel of

members.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1241, § 4002; P.L. 98–223, § 208(c), (d), Mar.

2, 1984, 98 Stat. 44; renumbered § 7102 and amended P.L. 102–40, § 402(b)(1),

(d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105

Stat. 404; P.L. 103–271, § 6(a), July 1, 1994, 108 Stat. 741.)

§ 7103. Reconsideration; correction of obvious errors

(a) The decision of the Board determining a matter under section

7102 of this title is final unless the Chairman orders reconsideration of the decision in accordance with subsection (b). Such an

order may be made on the Chairman’s initiative or upon motion of

the claimant.

(b)(1) Upon the order of the Chairman for reconsideration of the

decision in a case, the case shall be referred— (A) in the case of a matter originally heard by a single member of the Board, to a panel of not less than three members of

the Board; or

(B) in the case of a matter originally heard by a panel of

members of the Board, to an enlarged panel of the Board.
§ 7103 CH. 71—BOARD OF VETERANS’ APPEALS 640

(2) A panel referred to in paragraph (1) may not include the

member, or any member of the panel, that made the decision subject to reconsideration.

(3) A panel reconsidering a case under this subsection shall

render its decision after reviewing the entire record before the

Board. The decision of the panel shall be made by a majority vote

of the members of the panel. The decision of the panel shall constitute the final decision of the Board.

(c) The Board on its own motion may correct an obvious error in

the record, without regard to whether there has been a motion or

order for reconsideration.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1241, § 4003; P.L. 100–687, § 202(a), Nov. 18,

1988, 102 Stat. 4110; renumbered § 7103, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 103–271, § 6(a), July 1, 1994, 108 Stat. 741.)

§ 7104. Jurisdiction of the Board

(a) All questions in a matter which under section 511(a) of this

title is subject to decision by the Secretary shall be subject to one

review on appeal to the Secretary. Final decisions on such appeals

shall be made by the Board. Decisions of the Board shall be based

on the entire record in the proceeding and upon consideration of all

evidence and material of record and applicable provisions of law

and regulation.

(b) Except as provided in section 5108 of this title, when a claim

is disallowed by the Board, the claim may not thereafter be reopened and allowed and a claim based upon the same factual basis

may not be considered.

(c) The Board shall be bound in its decisions by the regulations

of the Department, instructions of the Secretary, and the precedent

opinions of the chief legal officer of the Department.

(d) Each decision of the Board shall include—

(1) a written statement of the Board’s finding and conclusions, and the reasons or bases for those findings and conclusions, on all material issues of fact and law presented on the

record; and

(2) an order granting appropriate relief or denying relief.

(e)(1) After reaching a decision on a case, the Board shall

promptly mail a copy of its written decision to the claimant at the

last known address of the claimant.

(2) If the claimant has an authorized representative, the Board

shall—

(A) mail a copy of its written decision to the authorized representative at the last known address of the authorized representative; or

(B) send a copy of its written decision to the authorized representative by any means reasonably likely to provide the authorized representative with a copy of the decision within the

same time a copy would be expected to reach the authorized

representative if sent by first-class mail.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1241, § 4004; P.L. 87–97, § 1, July 20, 1961,

75 Stat. 215; P.L. 100–687, § 101(b), §§ 203(a), 204, 205, Nov. 18, 1988, 102 Stat.

4106, 4110, 4111; renumbered § 7104 and amended P.L. 102–40, § 402(b)(1), (d)(1),

May 7, 1991, 105 Stat. 238, 239; P.L. 102–54, § 14(g)(2), June 13, 1991, 105 Stat.

288; P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), (c), Aug. 6, 1991, 105 Stat. 404–406;
641 CH. 71—BOARD OF VETERANS’ APPEALS § 7105

P.L. 103–271, §§ 7(b)(1), 8, July 1, 1994, 108 Stat. 743; P.L. 104–275, § 509, Oct. 9,

1996, 110 Stat. 3344.)

§ 7105. Filing of notice of disagreement and appeal

(a) 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. Each appellant will

be accorded hearing and representation rights pursuant to the provisions of this chapter and regulations of the Secretary.

(b)(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.

(c) 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.

(d)(1) Where the claimant, or the claimant’s representative, within the time specified in this chapter, files a notice of disagreement

with the decision of the agency of original jurisdiction, such agency

will take such development or review action as it deems proper

under the provisions of regulations not inconsistent with this title.

If such action does not resolve the disagreement either by granting

the benefit sought or through withdrawal of the notice of disagreement, such agency shall prepare a statement of the case. A statement of the case shall include the following:

(A) A summary of the evidence in the case pertinent to the

issue or issues with which disagreement has been expressed.

(B) A citation to pertinent laws and regulations and a discussion of how such laws and regulations affect the agency’s decision.

(C) The decision on each issue and a summary of the reasons

for such decision.

(2) A statement of the case, as required by this subsection, will

not disclose matters that would be contrary to section 5701 of this

title or otherwise contrary to the public interest. Such matters may

be disclosed to a designated representative unless the relationship

between the claimant and the representative is such that disclosure to the representative would be as harmful as if made to the

claimant.

(3) Copies of the ‘‘statement of the case’’ prescribed in paragraph

(1) of this subsection will be submitted to the claimant and to the

claimant’s representative, if there is one. The claimant will be af-
§ 7105 CH. 71—BOARD OF VETERANS’ APPEALS 642

forded a period of sixty days from the date the statement of the

case is mailed to file the formal appeal. This may be extended for

a reasonable period on request for good cause shown. The appeal

should set out specific allegations of error of fact or law, such allegations related to specific items in the statement of the case. The

benefits sought on appeal must be clearly identified. The agency of

original jurisdiction may close the case for failure to respond after

receipt of the statement of the case, but questions as to timeliness

or adequacy of response shall be determined by the Board of Veterans’ Appeals.

(4) The claimant in any case may not be presumed to agree with

any statement of fact contained in the statement of the case to

which the claimant does not specifically express agreement.

(5) The Board of Veterans’ Appeals may dismiss any appeal

which fails to allege specific error of fact or law in the determination being appealed.

(Added P.L. 87–666, § 1, Sept. 19, 1962, 76 Stat. 553, § 4005; amended P.L. 99–576,

§ 701(85), Oct. 28, 1986, 100 Stat. 3298; P.L. 100–687, §§ 203(b), 206, Nov. 18, 1988,

102 Stat. 4111; renumbered § 7105 and amended P.L. 102–40, § 402(b)(1), (d)(1),

May 7, 1991, 105 Stat. 238, 239; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105

Stat. 404, 405; P.L. 107–14, § 8(a)(16), June 5, 2001, 115 Stat. 35.)

§ 7105A. Simultaneously contested claims

(a) In simultaneously contested claims where one is allowed and

one rejected, the time allowed for the filing of a notice of disagreement shall be sixty days from the date notice of the adverse action

is mailed. In such cases the agency of original jurisdiction shall

promptly notify all parties in interest at the last known address of

the action taken, expressly inviting attention to the fact that notice

of disagreement will not be entertained unless filed within the

sixty-day period prescribed by this subsection.

(b) Upon the filing of a notice of disagreement, all parties in interest will be furnished with a statement of the case in the same

manner as is prescribed in section 7105. The party in interest who

filed a notice of disagreement will be allowed thirty days from the

date of mailing of such statement of the case in which to file a formal appeal. Extension of time may be granted for good cause

shown but with consideration to the interests of the other parties

involved. The substance of the appeal will be communicated to the

other party or parties in interest and a period of thirty days will

be allowed for filing a brief or argument in answer thereto. Such

notice shall be forwarded to the last known address of record of the

parties concerned, and such action shall constitute sufficient evidence of notice.

(Added P.L. 87–666, § 1, Sept. 19, 1962, 76 Stat. 554, § 4005A; renumbered § 7105A

and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.)

§ 7106. Administrative appeals

Application for review on appeal may be made within the oneyear period prescribed in section 7105 of this title by such officials

of the Department as may be designated by the Secretary. An application entered under this paragraph shall not operate to deprive

the claimant of the right of review on appeal as provided in this

chapter.
643 CH. 71—BOARD OF VETERANS’ APPEALS § 7107

(Added P.L. 87–666, § 1, Sept. 19, 1962, 76 Stat. 554, § 4006; renumbered § 7106 and

amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–

83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 7107. Appeals: dockets; hearings

(a)(1) Except as provided in paragraphs (2) and (3) and in subsection (f), each case received pursuant to application for review on

appeal shall be considered and decided in regular order according

to its place upon the docket.

(2) A case referred to in paragraph (1) may, for cause shown, be

advanced on motion for earlier consideration and determination.

Any such motion shall set forth succinctly the grounds upon which

the motion is based. Such a motion may be granted only—

(A) if the case involves interpretation of law of general application affecting other claims;

(B) if the appellant is seriously ill or is under severe financial hardship; or

(C) for other sufficient cause shown.

(3) A case referred to in paragraph (1) may be postponed for later

consideration and determination if such postponement is necessary

to afford the appellant a hearing.

(b) The Board shall decide any appeal only after affording the appellant an opportunity for a hearing.

(c) A hearing docket shall be maintained and formal recorded

hearings shall be held by such member or members of the Board

as the Chairman may designate. Such member or members designated by the Chairman to conduct the hearing shall, except in

the case of a reconsideration of a decision under section 7103 of

this title, participate in making the final determination of the

claim.

(d)(1) An appellant may request that a hearing before the Board

be held at its principal location or at a facility of the Department

located within the area served by a regional office of the Department.

(2) A hearing to be held within an area served by a regional office of the Department shall (except as provided in paragraph (3))

be scheduled to be held in accordance with the place of the case on

the docket under subsection (a) relative to other cases on the docket for which hearings are scheduled to be held within that area.

(3) A hearing to be held within an area served by a regional office of the Department may, for cause shown, be advanced on motion for an earlier hearing. Any such motion shall set forth succinctly the grounds upon which the motion is based. Such a motion

may be granted only—

(A) if the case involves interpretation of law of general application affecting other claims;

(B) if the appellant is seriously ill or is under severe financial hardship; or

(C) for other sufficient cause shown.

(e)(1) At the request of the Chairman, the Secretary may provide

suitable facilities and equipment to the Board or other components

of the Department to enable an appellant located at a facility within the area served by a regional office to participate, through voice

transmission or through picture and voice transmission, by elec-
§ 7107 CH. 71—BOARD OF VETERANS’ APPEALS 644

tronic or other means, in a hearing with a Board member or members sitting at the Board’s principal location.

(2) When such facilities and equipment are available, the Chairman may afford the appellant an opportunity to participate in a

hearing before the Board through the use of such facilities and

equipment in lieu of a hearing held by personally appearing before

a Board member or panel as provided in subsection (d). Any such

hearing shall be conducted in the same manner as, and shall be

considered the equivalent of, a personal hearing. If the appellant

declines to participate in a hearing through the use of such facilities and equipment, the opportunity of the appellant to a hearing

as provided in such subsection (d) shall not be affected.

(f) Nothing in this section shall preclude the screening of cases

for purposes of—

(1) determining the adequacy of the record for decisional purposes; or

(2) the development, or attempted development, of a record

found to be inadequate for decisional purposes.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1242, § 4006; renumbered § 4007, P.L. 87–666,

§ 1, Sept. 19, 1962, 76 Stat. 553; renumbered § 7107, P.L. 102–40, § 402(b)(1), May

7, 1991, 105 Stat. 238; P.L. 103–271, § 7(a)(1), July 1, 1994, 108 Stat. 742; P.L. 103–

446, § 303, Nov. 2, 1994, 108 Stat. 4658; P.L. 105–368, § 1003, Nov. 11, 1998, 112

Stat. 3363.)

§ 7108. Rejection of applications

An application for review on appeal shall not be entertained unless it is in conformity with this chapter.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1243, § 4008; renumbered § 7108, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238.)

§ 7109. Independent medical opinions

(a) When, in the judgment of the Board, expert medical opinion,

in addition to that available within the Department, is warranted

by the medical complexity or controversy involved in an appeal

case, the Board may secure an advisory medical opinion from one

or more independent medical experts who are not employees of the

Department.

(b) The Secretary shall make necessary arrangements with recognized medical schools, universities, or clinics to furnish such advisory medical opinions at the request of the Chairman of the Board.

Any such arrangement shall provide that the actual selection of the

expert or experts to give the advisory opinion in an individual case

shall be made by an appropriate official of such institution.

(c) The Board shall furnish a claimant with notice that an advisory medical opinion has been requested under this section with respect to the claimant’s case and shall furnish the claimant with a

copy of such opinion when it is received by the Board.

(Added P.L. 87–671, § 1, Sept. 19, 1962, 76 Stat. 557, § 4009; amended P.L. 100–

687, § 103(b), Nov. 18, 1988, 102 Stat. 4107; renumbered § 7109, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug.

6, 1991, 105 Stat. 404, 405.)
645 CH. 71—BOARD OF VETERANS’ APPEALS § 7111

[§ 7110. Repealed. P.L. 103–271, § 7(b)(2), July 1, 1994, 108

Stat. 743.]

§ 7111. Revision of decisions on grounds of clear and unmistakable error

(a) A decision by the Board is subject to revision on the grounds

of clear and unmistakable error. If evidence establishes the error,

the prior decision shall be reversed or revised.

(b) For the purposes of authorizing benefits, a rating or other adjudicative decision of the Board that constitutes a reversal or revision of a prior decision of the Board on the grounds of clear and

unmistakable error has the same effect as if the decision had been

made on the date of the prior decision.

(c) Review to determine whether clear and unmistakable error

exists in a case may be instituted by the Board on the Board’s own

motion or upon request of the claimant.

(d) A request for revision of a decision of the Board based on

clear and unmistakable error may be made at any time after that

decision is made.

(e) Such a request shall be submitted directly to the Board and

shall be decided by the Board on the merits, without referral to any

adjudicative or hearing official acting on behalf of the Secretary.

(f) A claim filed with the Secretary that requests reversal or revision of a previous Board decision due to clear and unmistakable

error shall be considered to be a request to the Board under this

section, and the Secretary shall promptly transmit any such request to the Board for its consideration under this section.

(Added P.L. 105–111, § 1(b), Nov. 21, 1997, 111 Stat. 2271.)
(646)

CHAPTER 72—UNITED STATES COURT OF APPEALS FOR

VETERANS CLAIMS

SUBCHAPTER I—ORGANIZATION AND JURISDICTION

Sec.

7251. Status.

7252. Jurisdiction; finality of decisions.

7253. Composition.

7254. Organization.

7255. Offices.

7256. Times and places of sessions.

7257. Recall of retired judges.

SUBCHAPTER II—PROCEDURE

7261. Scope of review.

7262. Fee for filing appeals.

7263. Representation of parties; fee agreements.

7264. Rules of practice and procedure.

7265. Contempt authority; assistance to the Court.

7266. Notice of appeal.

7267. Decisions.

7268. Availability of proceedings.

7269. Publication of decisions.

SUBCHAPTER III—MISCELLANEOUS PROVISIONS

7281. Employees.

7282. Budget and expenditures.

7283. Disposition of fees.

7284. Fee for transcript of record.

7285. Practice and registration fees.

7286. Judicial Conference of the Court.

7287. Administration.

SUBCHAPTER IV—DECISIONS AND REVIEW

7291. Date when Court decision becomes final.

7292. Review by United States Court of Appeals for the Federal Circuit.

SUBCHAPTER V—RETIREMENT AND SURVIVORS ANNUITIES

7296. Retirement of judges.

7297. Survivor annuities.

7298. Retirement Fund.

7299. Limitation on activities of retired judges.

SUBCHAPTER I—ORGANIZATION AND JURISDICTION

§ 7251. Status

There is hereby established, under Article I of the Constitution

of the United States, a court of record to be known as the United

States Court of Appeals for Veterans Claims.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4113, § 4051; renumbered

§ 7251, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 105–368,

Nov. 11, 1998, § 511(b), 112 Stat. 3341.)
647 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS § 7253

§ 7252. Jurisdiction; finality of decisions

(a) The Court of Appeals for Veterans Claims shall have exclusive jurisdiction to review decisions of the Board of Veterans’ Appeals. The Secretary may not seek review of any such decision. The

Court shall have power to affirm, modify, or reverse a decision of

the Board or to remand the matter, as appropriate.

(b) Review in the Court shall be on the record of proceedings before the Secretary and the Board. The extent of the review shall

be limited to the scope provided in section 7261 of this title. The

Court may not review the schedule of ratings for disabilities adopted under section 1155 of this title or any action of the Secretary

in adopting or revising that schedule.

(c) Decisions by the Court are subject to review as provided in

section 7292 of this title.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4113, § 4052; renumbered

§ 7252 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239;

P.L. 102–54, § 14(e)(3), June 13, 1991, 105 Stat. 287; P.L. 102–83, §§ 4(b)(1), (2)(E),

5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 105–368, Nov. 11, 1998, § 512(a)(1),

112 Stat. 3341.)

§ 7253. Composition

(a) COMPOSITION.—The Court of Appeals for Veterans Claims is

composed of at least three and not more than seven judges, one of

whom shall serve as chief judge in accordance with subsection (d).

(b) APPOINTMENT.—The judges of the Court shall be appointed by

the President, by and with the advice and consent of the Senate,

solely on the grounds of fitness to perform the duties of the office.

A person may not be appointed to the Court who is not a member

in good standing of the bar of a Federal court or of the highest

court of a State. Not more than the number equal to the next whole

number greater than one-half of the number of judges of the Court

may be members of the same political party.

(c) TERM OF OFFICE.—The term of office of the judges of the

Court of Appeals for Veterans Claims shall be 15 years. A judge

who is nominated by the President for appointment to an additional term on the Court without a break in service and whose

term of office expires while that nomination is pending before the

Senate may continue in office for up to 1 year while that nomination is pending.

(d) CHIEF JUDGE.—(1) The chief judge of the Court shall be the

judge of the Court in regular active service who is senior in commission among the judges of the Court who— (A) have served for one or more years as judges of the Court;

and

(B) have not previously served as chief judge.

(2) In any case in which there is no judge of the Court in regular

active service who has served as a judge of the Court for at least

one year, the judge of the court in regular active service who is senior in commission and has not served previously as chief judge

shall act as the chief judge.

(3) Except as provided in paragraph (4), a judge of the Court

shall serve as the chief judge under paragraph (1) for a term of five

years or until the judge becomes age 70, whichever occurs first. If
§ 7253 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS 648

no other judge is eligible under paragraph (1) to serve as chief

judge upon the expiration of that term, that judge shall continue

to serve as chief judge until another judge becomes eligible under

that paragraph to serve as chief judge.

(4)(A) The term of a chief judge shall be terminated before the

end of the term prescribed by paragraph (3) if— (i) the chief judge leaves regular active service as a judge of

the court; or

(ii) the chief judge notifies the other judges of the court in

writing that such judge desires to be relieved of the duties of

chief judge.

(B) The effective date of a termination of the term under subparagraph (A) shall be the date on which the chief judge leaves

regular active service or the date of the notification under subparagraph (A)(ii), as the case may be.

(5) If a chief judge is temporarily unable to perform the duties

of chief judge, those duties shall be performed by the judge of the

court in active service who is present, able and qualified to act, and

is next in precedence.

(6) Judges who have the same seniority in commission shall be

eligible for service as chief judge in accordance with their relative

precedence.

(e) SALARY.—Each judge of the Court shall receive a salary at the

same rate as is received by judges of the United States district

courts.

(f) REMOVAL.—(1) A judge of the Court may be removed from office by the President on grounds of misconduct, neglect of duty, or

engaging in the practice of law. A judge of the Court may not be

removed from office by the President on any other ground.

(2) Before a judge may be removed from office under this subsection, the judge shall be provided with a full specification of the

reasons for the removal and an opportunity to be heard.

(g) RULES.—(1) The Court shall prescribe rules, consistent with

the provisions of section 372(c) of title 28, establishing procedures

for the filing of complaints with respect to the conduct of any judge

of the Court and for the investigation and resolution of such complaints. In investigating and taking action with respect to any such

complaint, the Court shall have the powers granted to a judicial

council under such section.

(2) The provisions of paragraphs (7) through (15) of section 372(c)

of title 28, regarding referral or certification to, and petition for review in, the Judicial Conference of the United States and action

thereon, shall apply to the exercise by the Court of the powers of

a judicial council under paragraph (1) of this subsection. The

grounds for removal from office specified in subsection (f)(1) shall

provide a basis for a determination pursuant to paragraph (7) or

(8) of section 372(c) of title 28, and certification and transmittal by

the Conference shall be made to the President for consideration

under subsection (f).

(3)(A) In conducting hearings pursuant to paragraph (1), the

Court may exercise the authority provided under section 1821 of

title 28 to pay the fees and allowances described in that section.

(B) The Court shall have the power provided under section

372(c)(16) of title 28 to award reimbursement for the reasonable ex-
649 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS § 7253

penses described in that section. Reimbursements under this subparagraph shall be made from funds appropriated to the Court.

(h) TEMPORARY EXPANSION OF COURT.—(1) During the period

from January 1, 2002, through August 15, 2005, the authorized

number of judges of the Court specified in subsection (a) is increased by two.

(2)(A) Of the two additional judges authorized by this

subsection—

(i) only one may be appointed pursuant to a nomination

made in 2002; and

(ii) only one may be appointed pursuant to a nomination

made in 2003.

(B) If a judge is not appointed under this subsection pursuant to

a nomination made in 2002, a judge may be appointed under this

subsection pursuant to a nomination made in 2004. If a judge is

not appointed under this subsection pursuant to a nomination

made in 2003, a judge may be appointed under this subsection pursuant to a nomination made in 2004. In either case, such an appointment may be made only pursuant to a nomination made before October 1, 2004.

(3) The term of office and the eligibility for retirement of a judge

appointed under this subsection, other than a judge described in

paragraph (4), are governed by the provisions of section 1012 of the

Court of Appeals for Veterans Claims Amendments of 1999 (title

X of Public Law 106–117; 113 Stat. 1590; 38 U.S.C. 7296 note) if

the judge is one of the first two judges appointed to the Court after

November 30, 1999.

(4) A judge of the Court as of the date of the enactment of this

subsection who was appointed to the Court before January 1, 1991,

may accept appointment as a judge of the Court under this subsection notwithstanding that the term of office of the judge on the

Court has not yet expired under this section. The term of office of

an incumbent judge who receives an appointment as described in

the preceding sentence shall be 15 years, which includes any period

remaining in the unexpired term of the judge. Any service following

an appointment under this subsection shall be treated as though

served as part of the original term of office of that judge on the

Court.

(5) Notwithstanding paragraph (1), an appointment may not be

made to the Court if the appointment would result in there being

more than seven judges on the Court who were appointed after

January 1, 1997. For the purposes of this paragraph, a judge serving in recall status under section 7257 of this title shall be disregarded in counting the number of judges appointed to the Court

after such date.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4114, § 4053; amended P.L.

101–94, § 102(c), Aug. 16, 1989, 103 Stat. 626; renumbered § 7253, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–82, § 3, Aug. 6, 1991, 105

Stat. 375; P.L. 102–585, § 801, Nov. 4, 1992, 106 Stat. 4980; P.L. 105–368, Nov. 11,

1998, § §501, 512(a)(1), 112 Stat. 3340, 3341; P.L. 106–117, § § 1031, 1032(a), 1033,

Nov. 30, 1999, 113 Stat. 1594, 1595; P.L. 107–103, § 601, Dec. 27, 2001, 115 Stat.

998.)
§ 7254 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS 650

§ 7254. Organization

(a) The Court of Appeals for Veterans Claims shall have a seal

which shall be judicially noticed.

(b) The Court may hear cases by judges sitting alone or in panels, as determined pursuant to procedures established by the

Court. Any such panel shall have not less than three judges. The

Court shall establish procedures for the assignment of the judges

of the Court to such panels and for the designation of the chief of

each such panel.

(c)(1) A majority of the judges of the Court shall constitute a

quorum for the transaction of the business of the Court. A vacancy

in the Court shall not impair the powers or affect the duties of the

Court or of the remaining judges of the Court.

(2) A majority of the judges of a panel of the Court shall constitute a quorum for the transaction of the business of the panel.

A vacancy in a panel of the Court shall not impair the powers or

affect the duties of the panel or of the remaining judges of the

panel.

(d) In the event of a vacancy in the position of chief judge of the

Court, the associate judge senior in service on the Court shall serve

as acting chief judge unless the President designates one of the

other associate judges to serve as acting chief judge, in which case

the judge so designated shall serve as acting chief judge.

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

oaths.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4114, § 4054; amended P.L.

101–94, § 402, Aug. 16, 1989, 103 Stat. 628; P.L. 101–237, § 602(b), Dec. 18, 1989,

103 Stat. 2095; renumbered § 7254, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat.

238; amended P.L. 102–54, § 14(e)(4), June 13, 1991, 105 Stat. 287; P.L. 102–82,

§ 8(3), Aug. 6, 1991, 105 Stat. 377; P.L. 105–368, Nov. 11, 1998, § 512(a)(1), 112 Stat.

3341.)

§ 7255. Offices

The principal office of the Court of Appeals for Veterans Claims

shall be in the District of Columbia, but the Court may sit at any

place within the United States.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4114, § 4055; renumbered

§ 7255, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 105–368,

Nov. 11, 1998, § 512(a)(1), 112 Stat. 3341.)

§ 7256. Times and places of sessions

The times and places of sessions of the Court of Appeals for Veterans Claims shall be prescribed by the chief judge.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4115, § 4056; renumbered

§ 7256, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 105–368,

Nov. 11, 1998, § 512(a)(1), 112 Stat. 3341.)

§ 7257. Recall of retired judges

(a)(1) A retired judge of the Court may be recalled for further

service on the Court in accordance with this section. To be eligible

to be recalled for such service, a retired judge must at the time of

the judge’s retirement provide to the chief judge of the Court (or,

in the case of the chief judge, to the clerk of the Court) notice in

writing that the retired judge is available for further service on the
651 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS § 7257

Court in accordance with this section and is willing to be recalled

under this section. Such a notice provided by a retired judge is irrevocable.

(2) For the purposes of this section—

(A) a retired judge is a judge of the Court of Appeals for Veterans Claims who retires from the Court under section 7296 of

this title or under chapter 83 or 84 of title 5; and

(B) a recall-eligible retired judge is a retired judge who has

provided a notice under paragraph (1).

(b)(1) The chief judge may recall for further service on the Court

a recall-eligible retired judge in accordance with this section. Such

a recall shall be made upon written certification by the chief judge

that substantial service is expected to be performed by the retired

judge for such period, not to exceed 90 days (or the equivalent), as

determined by the chief judge to be necessary to meet the needs

of the Court.

(2) A recall-eligible retired judge may not be recalled for more

than 90 days (or the equivalent) during any calendar year without

the judge’s consent or for more than a total of 180 days (or the

equivalent) during any calendar year.

(3) If a recall-eligible retired judge is recalled by the chief judge

in accordance with this section and (other than in the case of a

judge who has previously during that calendar year served at least

90 days (or the equivalent) of recalled service on the court) declines

(other than by reason of disability) to perform the service to which

recalled, the chief judge shall remove that retired judge from the

status of a recall-eligible judge.

(4) A recall-eligible retired judge who becomes permanently disabled and as a result of that disability is unable to perform further

service on the Court shall be removed from the status of a recalleligible judge. Determination of such a disability shall be made

pursuant to section 7253(g) or 7296(g) of this title.

(c) A retired judge who is recalled under this section may exercise all of the judicial powers and duties of the office of a judge in

active service.

(d)(1) The pay of a recall-eligible retired judge who retired under

section 7296 of this title is specified in subsection (c) of that section.

(2) A judge who is recalled under this section who retired under

chapter 83 or 84 of title 5 shall be paid, during the period for which

the judge serves in recall status, pay at the rate of pay in effect

under section 7253(e) of this title for a judge performing active

service, less the amount of the judge’s annuity under the applicable

provisions of chapter 83 or 84 of title 5.

(e)(1) Except as provided in subsection (d), a judge who is recalled under this section who retired under chapter 83 or 84 of title

5 shall be considered to be a reemployed annuitant under that

chapter.

(2) Nothing in this section affects the right of a judge who retired

under chapter 83 or 84 of title 5 to serve as a reemployed annuitant in accordance with the provisions of title 5.

(Added P.L. 106–117, § 1021(a), Nov. 30, 1999, 113 Stat. 1590.)
§ 7261 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS 652

SUBCHAPTER II—PROCEDURE

§ 7261. Scope of review

(a) In any action brought under this chapter, the Court of Appeals for Veterans Claims, to the extent necessary to its decision

and when presented, shall—

(1) decide all relevant questions of law, interpret constitutional, statutory, and regulatory provisions, and determine the

meaning or applicability of the terms of an action of the Secretary;

(2) compel action of the Secretary unlawfully withheld or unreasonably delayed;

(3) hold unlawful and set aside decisions, findings (other

than those described in clause (4) of this subsection), conclusions, rules, and regulations issued or adopted by the Secretary, the Board of Veterans’ Appeals, or the Chairman of the

Board found to be—

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

(B) contrary to constitutional right, power, privilege, or

immunity;

(C) in excess of statutory jurisdiction, authority, or limitations, or in violation of a statutory right; or

(D) without observance of procedure required by law;

and

(4) in the case of a finding of material fact made in reaching

a decision in a case before the Department with respect to benefits under laws administered by the Secretary, hold unlawful

and set aside such finding if the finding is clearly erroneous.

(b) In making the determinations under subsection (a) of this section, the Court shall take due account of the rule of prejudicial

error.

(c) In no event shall findings of fact made by the Secretary or the

Board of Veterans’ Appeals be subject to trial de novo by the Court.

(d) When a final decision of the Board of Veterans’ Appeals is adverse to a party and the sole stated basis for such decision is the

failure of the party to comply with any applicable regulation prescribed by the Secretary, the Court shall review only questions

raised as to compliance with and the validity of the regulation.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4115, § 4061; amended P.L.

101–237, § 602(c), Dec. 18, 1989, 103 Stat. 2095; renumbered § 7261, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–54, § 14(e)(3), June 13,

1991, 105 Stat. 287; P.L. 102–83, § 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105

Stat. 403–405; P.L. 105–368, Nov. 11, 1998, § 512(a)(1), 112 Stat. 3341.)

§ 7262. Fee for filing appeals

(a) The Court of Appeals for Veterans Claims may impose a fee

of not more than $50 for the filing of any appeal with the Court.

The Court shall establish procedures under which such a fee may

be waived in the case of an appeal filed by or on behalf of a person

who demonstrates that the requirement that such fee be paid will

impose a hardship on that person. A decision as to such a waiver

is final and may not be reviewed in any other court.
653 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS § 7265

(b) The Court may from time to time adjust the maximum

amount permitted for a fee imposed under subsection (a) of this

section based upon inflation and similar fees charged by other

courts established under Article I of the Constitution.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4115, § 4062; renumbered

§ 7262, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 105–368,

Nov. 11, 1998, § 512(a)(1), 112 Stat. 3341.)

§ 7263. Representation of parties; fee agreements

(a) The Secretary shall be represented before the Court of Appeals for Veterans Claims by the General Counsel of the Department.

(b) Representation of appellants shall be in accordance with the

rules of practice prescribed by the Court under section 7264 of this

title. In addition to members of the bar admitted to practice before

the Court in accordance with such rules of practice, the Court may

allow other persons to practice before the Court who meet standards of proficiency prescribed in such rules of practice.

(c) A person who represents an appellant before the Court shall

file a copy of any fee agreement between the appellant and that

person with the Court at the time the appeal is filed. The Court,

on its own motion or the motion of any party, may review such a

fee agreement.

(d) In reviewing a fee agreement under subsection (c) of this section or under section 5904(c)(2) of this title, the Court may affirm

the finding or order of the Board and may order a reduction in the

fee called for in the agreement if it finds that the fee is excessive

or unreasonable. An order of the Court under this subsection is

final and may not be reviewed in any other court.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4116, § 4063; renumbered

§ 7263 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239;

P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; amended

P.L. 105–368, Nov. 11, 1998, § 512(a)(1), 112 Stat. 3341.)

§ 7264. Rules of practice and procedure

(a) The proceedings of the Court of Appeals for Veterans Claims

shall be conducted in accordance with such rules of practice and

procedure as the Court prescribes.

(b) The mailing of a pleading, decision, order, notice, or process

in respect of proceedings before the Court shall be held sufficient

service of such pleading, decision, order, notice, or process if it is

properly addressed to the address furnished by the appellant on

the notice of appeal filed under section 7266 of this title.

(c) Section 455 of title 28 shall apply to judges and proceedings

of the Court.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4116, § 4064; renumbered

§ 7264 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239;

P.L. 102–82, § 4, Aug. 6, 1991, 105 Stat. 376; P.L. 105–368, Nov. 11, 1998,

§ 512(a)(1), 112 Stat. 3341.)

§ 7265. Contempt authority; assistance to the Court

(a) The Court shall have power to punish by fine or imprisonment such contempt of its authority as— (1) misbehavior of any person in its presence or so near

thereto as to obstruct the administration of justice;
§ 7265 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS 654

(2) misbehavior of any of its officers in their official transactions; or

(3) disobedience or resistance to its lawful writ, process,

order, rule, decree, or command.

(b) The Court shall have such assistance in the carrying out of

its lawful writ, process, order, rule, decree, or command as is available to a court of the United States. The United States marshal for

a district in which the Court is sitting shall, if requested by the

chief judge of the Court, attend any session of the Court in that

district.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4116, § 4065; renumbered

§ 7265, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238.)

§ 7266. Notice of appeal

(a) In order to obtain review by the Court of Appeals for Veterans Claims of a final decision of the Board of Veterans’ Appeals,

a person adversely affected by such decision shall file a notice of

appeal with the Court within 120 days after the date on which notice of the decision is mailed pursuant to section 7104(e) of this

title.

(b) An appellant shall file a notice of appeal under this section

by delivering or mailing the notice to the Court.

(c) A notice of appeal shall be deemed to be received by the Court

as follows:

(1) On the date of receipt by the Court, if the notice is delivered.

(2) On the date of the United States Postal Service postmark

stamped on the cover in which the notice is posted, if the notice is properly addressed to the Court and is mailed.

(d) For a notice of appeal mailed to the Court to be deemed to

be received under subsection (c)(2) on a particular date, the United

States Postal Service postmark on the cover in which the notice is

posted must be legible. The Court shall determine the legibility of

any such postmark and the Court’s determination as to legibility

shall be final and not subject to review by any other Court.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4116, § 4066; renumbered

§ 7266 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239;

P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 103–446,

§ 511(a), Nov. 2, 1994, 108 Stat. 4670; P.L. 105–368, Nov. 11, 1998, § 512(a)(1), 112

Stat. 3341; P.L. 107–103, § 507, Dec. 27, 2001, 115 Stat. 997.)

§ 7267. Decisions

(a) A decision upon a proceeding before the Court of Appeals for

Veterans Claims shall be made as quickly as practicable. In a case

heard by a panel of the Court, the decision shall be made by a majority vote of the panel in accordance with the rules of the Court.

The decision of the judge or panel hearing the case so made shall

be the decision of the Court.

(b) A judge or panel shall make a determination upon any proceeding before the Court, and any motion in connection with such

a proceeding, that is assigned to the judge or panel. The judge or

panel shall make a report of any such determination which constitutes the judge or panel’s final disposition of the proceeding.
655 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS § 7281

(c) The Court shall designate in its decision in any case those

specific records of the Government on which it relied (if any) in

making its decision. The Secretary shall preserve records so designated for not less than the period of time designated by the Archivist of the United States.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4117, § 4067; renumbered

§ 7267, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–82,

§§ 1, 8(1), Aug. 6, 1991, 105 Stat. 375, 377; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6,

1991, 105 Stat. 404, 405; P.L. 105–368, Nov. 11, 1998, § 512(a)(1), 112 Stat. 3341.)

§ 7268. Availability of proceedings

(a) Except as provided in subsection (b) of this section, all decisions of the Court of Appeals for Veterans Claims and all briefs,

motions, documents, and exhibits received by the Court (including

a transcript of the stenographic report of the hearings) shall be

public records open to the inspection of the public.

(b)(1) The Court may make any provision which is necessary to

prevent the disclosure of confidential information, including a provision that any such document or information be placed under seal

to be opened only as directed by the Court.

(2) After the decision of the Court in a proceeding becomes final,

the Court may, upon motion of the appellant or the Secretary, permit the withdrawal by the party entitled thereto of originals of

books, documents, and records, and of models, diagrams, and other

exhibits, submitted to the Court or the Court may, on its own motion, make such other disposition thereof as it considers advisable.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4117, § 4068; renumbered

§ 7268, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–82,

§ 8(2), Aug. 6, 1991, 105 Stat. 377; P.L. 105–368, Nov. 11, 1998, § 512(a)(1), 112 Stat.

3341.)

§ 7269. Publication of decisions

(a) The Court of Appeals for Veterans Claims shall provide for

the publication of decisions of the Court in such form and manner

as may be best adapted for public information and use. The Court

may make such exceptions, or may authorize the chief judge to

make such exceptions, to the requirement for publication in the

preceding sentence as may be appropriate.

(b) Such authorized publication shall be competent evidence of

the decisions of the Court of Appeals for Veterans Claims therein

contained in all courts of the United States and of the several

States without any further proof or authentication thereof.

(c) Such publications shall be subject to sale in the same manner

and upon the same terms as other public documents.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4118, § 4069; renumbered

§ 7269, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 105–368,

Nov. 11, 1998, § 512(a)(1), 112 Stat. 3341.)

SUBCHAPTER III—MISCELLANEOUS PROVISIONS

§ 7281. Employees

(a) The Court of Appeals for Veterans Claims may appoint a

clerk without regard to the provisions of title 5 governing appointments in the competitive service. The clerk shall serve at the pleasure of the Court.
§ 7281 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS 656

(b) The judges of the Court may appoint law clerks and secretaries, in such numbers as the Court may approve, without regard

to the provisions of title 5 governing appointments in the competitive service. Any such law clerk or secretary shall serve at the

pleasure of the appointing judge.

(c) The clerk, with the approval of the Court, may appoint necessary deputies and employees without regard to the provisions of

title 5 governing appointments in the competitive service.

(d) The Court may fix and adjust the rates of basic pay for the

clerk and other employees of the Court without regard to the provisions of chapter 51, subchapter III of chapter 53, or section 5373

of title 5. To the maximum extent feasible, the Court shall compensate employees at rates consistent with those for employees

holding comparable positions in the judicial branch.

(e) In making appointments under subsections (a) through (c) of

this section, preference shall be given, among equally qualified persons, to persons who are preference eligibles (as defined in section

2108(3) of title 5).

(f) The Court may procure the services of experts and consultants

under section 3109 of title 5.

(g) The chief judge of the Court may exercise the authority of the

Court under this section whenever there are not at least two other

judges of the Court.

(h) The Court shall not be considered to be an agency within the

meaning of section 3132(a)(1) of title 5.

(i) The Court may accept and utilize voluntary services and uncompensated (gratuitous) services, including services as authorized

by section 3102(b) of title 5 and may accept, hold, administer, and

utilize gifts and bequests of personal property for the purposes of

aiding or facilitating the work of the Court. Gifts or bequests of

money to the Court shall be covered into the Treasury.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4118, § 4081; amended P.L.

101–94, § 204(a), Aug. 16, 1989, 103 Stat. 627; renumbered § 7281, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–82, § 7, Aug. 6, 1991, 105

Stat. 377; P.L. 105–368, Nov. 11, 1998, § 512(a)(1), 112 Stat. 3341; P.L. 106–117,

§ 1035(1), Nov. 30, 1999, 113 Stat. 1595.)

§ 7282. Budget and expenditures

(a) The budget of the Court of Appeals for Veterans Claims as

submitted by the Court for inclusion in the budget of the President

for any fiscal year shall be included in that budget without review

within the executive branch.

(b) The Court may make such expenditures (including expenditures for personal services and rent at the seat of Government and

elsewhere, and for law books, books of reference, and periodicals)

as may be necessary to execute efficiently the functions vested in

the Court.

(c) All expenditures of the Court shall be allowed and paid upon

presentation of itemized vouchers signed by the certifying officer

designated by the chief judge. Except as provided in section 7285

of this title, all such expenditures shall be paid out of moneys appropriated for purposes of the Court.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4118, § 4082; renumbered

§ 7282 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239;

P.L. 105–368, Nov. 11, 1998, § 512(a)(1), 112 Stat. 3341.)
657 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS § 7286

§ 7283. Disposition of fees

Except for amounts received pursuant to section 7285 of this

title, all fees received by the Court of Appeals for Veterans Claims

shall be covered into the Treasury as miscellaneous receipts.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4118, § 4083; renumbered

§ 7283 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239;

P.L. 105–368, Nov. 11, 1998, § 512(a)(1), 112 Stat. 3341.)

§ 7284. Fee for transcript of record

The Court of Appeals for Veterans Claims may fix a fee, not in

excess of the fee authorized by law to be charged and collected

therefor by the clerks of the district courts, for comparing, or for

preparing and comparing, a transcript of the record of any proceeding before the Court, or for copying any record, entry, or other

paper and the comparison and certification thereof.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4118, § 4084; renumbered

§ 7284, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 105–368,

Nov. 11, 1998, § 512(a)(1), 112 Stat. 3341.)

§ 7285. Practice and registration fees

(a) The Court of Appeals for Veterans Claims may impose a periodic registration fee on persons admitted to practice before the

Court. The frequency and amount of such fee shall be determined

by the Court, except that such amount may not exceed $30 per

year. The Court may also impose a registration fee on persons

(other than judges of the Court) participating at judicial conferences convened pursuant to section 7286 of this title or in any

other court-sponsored activity.

(b) Amounts received by the Court under subsection (a) of this

section shall be available to the Court for the following purposes:

(1) Conducting investigations and proceedings, including employing independent counsel, to pursue disciplinary matters.

(2) Defraying the expenses of—

(A) judicial conferences convened pursuant to section

7286 of this title; and

(B) other activities and programs of the Court that are

intended to support and foster communication and relationships between the Court and persons practicing before

the Court or the study, understanding, public commemoration, or improvement of veterans law or of the work of the

Court.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4119, § 4085; renumbered

§ 7285, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 105–368,

Nov. 11, 1998, § 512(a)(1), 112 Stat. 3341; P.L. 107–103, § 604(a)–(c)(1), Dec. 27,

2001, 115 Stat. 999.)

§ 7286. Judicial Conference of the Court

The Chief Judge of the Court of Appeals for Veterans Claims

may summon the judges of the Court to an annual judicial conference, at a time and place that the Chief Judge designates, for

the purpose of considering the business of the Court and recommending means of improving the administration of justice within

the Court’s jurisdiction. The Court shall provide by its rules for
§ 7286 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS 658

representation and active participation at such conference by persons admitted to practice before the Court and by other persons active in the legal profession.

(Added P.L. 102–82, § 2(a), Aug. 6, 1991, 105 Stat. 375; amended P.L. 105–368, Nov.

11, 1998, § 512(a)(1), (2), 112 Stat. 3341.)

§ 7287. Administration

Notwithstanding any other provision of law, the Court of Appeals

for Veterans Claims may exercise, for purposes of management, administration, and expenditure of funds of the Court, the authorities

provided for such purposes by any provision of law (including any

limitation with respect to such provision of law) applicable to a

court of the United States (as that term is defined in section 451

of title 28), except to the extent that such provision of law is inconsistent with a provision of this chapter.

(Added P.L. 107–103, § 605(a), Dec. 27, 2001, 115 Stat. 1000.)

SUBCHAPTER IV—DECISIONS AND REVIEW

§ 7291. Date when Court decision becomes final

(a) A decision of the United States Court of Appeals for Veterans

Claims shall become final upon the expiration of the time allowed

for filing, under section 7292 of this title, a notice of appeal from

such decision, if no such notice is duly filed within such time. If

such a notice is filed within such time, such a decision shall become

final—

(1) upon the expiration of the time allowed for filing a petition for certiorari with the Supreme Court of the United

States, if the decision of the Court of Appeals for Veterans

Claims is affirmed or the appeal is dismissed by the United

States Court of Appeals for the Federal Circuit and no petition

for certiorari is duly filed;

(2) upon the denial of a petition for certiorari, if the decision

of the Court of Appeals for Veterans Claims is affirmed or the

appeal is dismissed by the United States Court of Appeals for

the Federal Circuit; or

(3) upon the expiration of 30 days from the date of issuance

of the mandate of the Supreme Court, if that Court directs that

the decision of the Court of Appeals for Veterans Claims be affirmed or the appeal dismissed.

(b)(1) If the Supreme Court directs that the decision of the Court

of Appeals for Veterans Claims be modified or reversed, the decision of the Court of Appeals for Veterans Claims rendered in accordance with the mandate of the Supreme Court shall become

final upon the expiration of 30 days from the time it was rendered,

unless within such 30 days either the Secretary or the petitioner

has instituted proceedings to have such decision corrected to accord

with the mandate, in which event the decision of the Court of Appeals for Veterans Claims shall become final when so corrected.

(2) If the decision of the Court of Appeals for Veterans Claims

is modified or reversed by the United States Court of Appeals for

the Federal Circuit and if—

(A) the time allowed for filing a petition for certiorari has expired and no such petition has been duly filed, or
659 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS § 7292

(B) the petition for certiorari has been denied, or

(C) the decision of the United States Court of Appeals for the

Federal Circuit has been affirmed by the Supreme Court,

then the decision of the Court of Appeals for Veterans Claims rendered in accordance with the mandate of the United States Court

of Appeals for the Federal Circuit shall become final upon the expiration of 30 days from the time such decision of the Court of Appeals for Veterans Claims was rendered, unless within such 30

days either the Secretary or the petitioner has instituted proceedings to have such decision corrected so that it will accord with

the mandate, in which event the decision of the Court of Appeals

for Veterans Claims shall become final when so corrected.

(c) If the Supreme Court orders a rehearing, or if the case is remanded by the United States Court of Appeals for the Federal Circuit to the Court of Appeals for Veterans Claims for a rehearing,

and if—

(1) the time allowed for filing a petition for certiorari has expired and no such petition has been duly filed, or

(2) the petition for certiorari has been denied, or

(3) the decision of the United States Court of Appeals for the

Federal Circuit has been affirmed by the Supreme Court,

then the decision of the Court of Appeals for Veterans Claims rendered upon such rehearing shall become final in the same manner

as though no prior decision of the Court of Appeals for Veterans

Claims had been rendered.

(d) As used in this section, the term ‘‘mandate’’, in case a mandate has been recalled before the expiration of 30 days from the

date of issuance thereof, means the final mandate.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4119, § 4091; renumbered

§ 7291 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239;

P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 105–368, Nov.

11, 1998, § 512(a)(1), 112 Stat. 3341.)

§ 7292. Review by United States Court of Appeals for the

Federal Circuit

(a) After a decision of the United States Court of Appeals for Veterans Claims is entered in a case, any party to the case may obtain

a review of the decision with respect to the validity of any statute

or regulation (other than a refusal to review the schedule of ratings

for disabilities adopted under section 1155 of this title) or any interpretation thereof (other than a determination as to a factual

matter) that was relied on by the Court in making the decision.

Such a review shall be obtained by filing a notice of appeal with

the Court of Appeals for Veterans Claims within the time and in

the manner prescribed for appeal to United States courts of appeals for United States district courts.

(b)(1) When a judge or panel of the Court of Appeals for Veterans

Claims, in making an order not otherwise appealable under this

section, determines that a controlling question of law is involved

with respect to which there is in fact a disagreement between the

appellant and the Secretary with respect to that question of law

and that the ultimate termination of the case may be materially

advanced by the immediate consideration of that question, the

judge or panel shall notify the chief judge of that determination.
§ 7292 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS 660

Upon receiving such a notification, the chief judge shall certify that

such a question is presented, and any party to the case may then

petition the Court of Appeals for the Federal Circuit to decide the

question. That court may permit an interlocutory appeal to be

taken on that question if such a petition is filed with it within 10

days after the certification by the chief judge of the Court of Appeals for Veterans Claims. Neither the application for, nor the

granting of, an appeal under this paragraph shall stay proceedings

in the Court of Appeals for Veterans Claims, unless a stay is ordered by a judge of the Court of Appeals for Veterans Claims or

by the Court of Appeals for the Federal Circuit.

(2) For purposes of subsections (d) and (e) of this section, an

order described in this paragraph shall be treated as a decision of

the Court of Appeals for Veterans Claims.

(c) The United States Court of Appeals for the Federal Circuit

shall have exclusive jurisdiction to review and decide any challenge

to the validity of any statute or regulation or any interpretation

thereof brought under this section, and to interpret constitutional

and statutory provisions, to the extent presented and necessary to

a decision. The judgment of such court shall be final subject to review by the Supreme Court upon certiorari, in the manner provided in section 1254 of title 28.

(d)(1) The Court of Appeals for the Federal Circuit shall decide

all relevant questions of law, including interpreting constitutional

and statutory provisions. The court shall hold unlawful and set

aside any regulation or any interpretation thereof (other than a determination as to a factual matter) that was relied upon in the decision of the Court of Appeals for Veterans Claims that the Court

of Appeals for the Federal Circuit finds to be—

(A) arbitrary, capricious, an abuse of discretion, or otherwise

not in accordance with law;

(B) contrary to constitutional right, power, privilege, or immunity;

(C) in excess of statutory jurisdiction, authority, or limitations, or in violation of a statutory right; or

(D) without observance of procedure required by law.

(2) Except to the extent that an appeal under this chapter presents a constitutional issue, the Court of Appeals may not review

(A) a challenge to a factual determination, or (B) challenge to a law

or regulation as applied to the facts of a particular case.

(e)(1) Upon such review, the Court of Appeals for the Federal

Circuit shall have power to affirm or, if the decision of the Court

of Appeals for Veterans Claims is not in accordance with law, to

modify or reverse the decision of the Court of Appeals for Veterans

Claims or to remand the matter, as appropriate.

(2) Rules for review of decisions of the Court of Appeals for Veterans Claims shall be those prescribed by the Supreme Court

under section 2072 of title 28.

(Added P.L. 100–687, § 301(a), Nov. 18, 1988, 102 Stat. 4120, § 4092; amended P.L.

101–94, § 302(b), Aug. 16, 1989, 103 Stat. 628; renumbered § 7292, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–54, § 14(e)(5), June 13, 1991, 105

Stat. 287; P.L. 102–83, §§ 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406;

P.L. 105–368, Nov. 11, 1998, § 512(a)(1), 112 Stat. 3341.)
661 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS § 7296

SUBCHAPTER V—RETIREMENT AND SURVIVORS

ANNUITIES

§ 7296. Retirement of judges

(a) For purposes of this section:

(1) The term ‘‘Court’’ means the United States Court of Appeals for Veterans Claims.

(2) The term ‘‘judge’’ means a judge of the Court.

(b)(1) A judge who meets the age and service requirements set

forth in the following table may retire:

And the years

The judge has of service as a

attained age: judge are at least

65 ..................................................................................................... 15

66 ..................................................................................................... 14

67 ..................................................................................................... 13

68 ..................................................................................................... 12

69 ..................................................................................................... 11

70 ..................................................................................................... 10

(2) A judge who is not reappointed following the expiration of the

term for which appointed may retire upon the completion of that

term if the judge has served as a judge of the Court for 15 years

or more.

(3) A judge who becomes permanently disabled and as a result

of that disability is unable to perform the duties of the office shall

retire.

(c)(1) An individual who retires under subsection (b) of this section and elects under subsection (d) of this section to receive retired

pay under this subsection shall (except as provided in paragraph

(2) of this subsection) receive retired pay as follows:

(A) In the case of a judge who is a recall-eligible retired

judge under section 7257 of this title or who was a recall-eligible retired judge under that section and was removed from recall status under subsection (b)(4) of that section by reason of

disability, the retired pay of the judge shall be the pay of a

judge of the court.

(B) In the case of a judge who at the time of retirement did

not provide notice under section 7257 of this title of availability

for service in a recalled status, the retired pay of the judge

shall be the rate of pay applicable to that judge at the time of

retirement.

(C) In the case of a judge who was a recall-eligible retired

judge under section 7257 of this title and was removed from

recall status under subsection (b)(3) of that section, the retired

pay of the judge shall be the pay of the judge at the time of

the removal from recall status.

(2) An individual who serves as a judge for less than 10 years

and who retires under subsection (b)(3) of this section and elects

under subsection (d) of this section to receive retired pay under this

subsection shall receive retired pay at a rate equal to one-half of

the rate of pay in effect at the time of retirement.

(3) Retired pay under this subsection shall begin to accrue on the

day following the day on which the individual’s salary as judge

ceases to accrue and shall continue to accrue during the remainder
§ 7296 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS 662

of the individual’s life. Retired pay under this subsection shall be

paid in the same manner as the salary of a judge.

(d)(1) A judge may elect to receive retired pay under subsection

(c) of this section. Such an election— (A) may be made only while an individual is a judge (except

that, in the case of an individual who fails to be reappointed

as judge at the expiration of a term of office, the election may

be made at any time before the date after the day on which

the individual’s successor takes office); and

(B) may not be revoked after the retired pay begins to accrue.

(2) In the case of a judge other than the chief judge, such an election shall be made by filing notice of the election in writing with

the chief judge. In the case of the chief judge, such an election shall

be made by filing notice of the election in writing with the Director

of the Office of Personnel Management.

(3) The chief judge shall transmit to the Director of the Office of

Personnel Management a copy of each notice filed with the chief

judge under this subsection.

(e) If an individual for whom an election to receive retired pay

under subsection (c) is in effect accepts compensation for employment with the United States, the individual shall, to the extent of

the amount of that compensation, forfeit all rights to retired pay

under subsection (c) of this section for the period for which the

compensation is received.

(f)(1) Except as otherwise provided in this subsection, the provisions of the civil service retirement laws (including the provisions

relating to the deduction and withholding of amounts from basic

pay, salary, and compensation) shall apply with respect to service

as a judge as if this section had not been enacted.

(2) In the case of any individual who has filed an election to receive retired pay under subsection (c) of this section— (A) no annuity or other payment shall be payable to any person under the civil service retirement laws with respect to any

service performed by such individual (whether performed before or after such election is filed and whether performed as

judge or otherwise) except as authorized by section 8440d of

title 5;

(B) no deduction for purposes of the Civil Service Retirement

and Disability Fund shall be made from retired pay payable to

that individual under subsection (c) of this section or from any

other salary, pay, or compensation payable to that individual,

for any period beginning after the day on which such election

is filed; and

(C) such individual shall be paid the lump-sum credit computed under section 8331(8) or 8401(a) of title 5, whichever applies, upon making application therefor with the Office of Personnel Management.

(3)(A) A cost-of-living adjustment provided by law in annuities

payable under civil service retirement laws shall apply to retired

pay under this section only in the case of retired pay computed

under paragraph (2) of subsection (c).

(B) If such a cost-of-living adjustment would (but for this subparagraph) result in the retired pay of a retired judge being in ex-
663 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS § 7296

cess of the annual rate of pay in effect for judges of the Court as

provided in section 7253(e) of this title, such adjustment may be

made only in such amount as results in the retired pay of the retired judge being equal to that annual rate of pay (as in effect on

the effective date of such adjustment).

(g)(1) A judge who becomes permanently disabled and as result

of that disability is unable to perform the duties of the office shall

certify to the President in writing that such permanent disability

exists. If the chief judge retires for such a disability, the retirement

of the chief judge shall not take effect until concurred in by the

President. If any other judge retires for such a disability, the chief

judge shall furnish to the President a certificate of disability signed

by the chief judge.

(2) Whenever the President finds that a judge has become permanently disabled and as a result of that disability is unable to perform the duties of the office, the President shall declare that judge

to be retired. Before a judge may be retired under this paragraph,

the judge shall be provided with a full specification of the reasons

for the retirement and an opportunity to be heard.

(h)(1) An individual who has filed an election to receive retired

pay under subsection (c) of this section may revoke such election

at any time before the first day on which retired pay would (but

for such revocation) begin to accrue with respect to such individual.

(2) Any revocation under this subsection shall be made by filing

a notice of the election in writing with the Director of the Office

of Personnel Management. The Office of Personnel Management

shall transmit to the chief judge a copy of each notice filed under

this subsection.

(3) In the case of revocation under this subsection—

(A) for purposes of this section, the individual shall be treated as not having filed an election to receive retired pay under

subsection (c) of this section;

(B) for purposes of section 7297 of this title— (i) the individual shall be treated as not having filed an

election under section 7297(b) of this title, and

(ii) section 7297(e) of this title shall not apply and the

amount credited to such individual’s account (together

with interest at 3 percent per year, compounded on December 31 of each year to the date on which the revocation is

filed) shall be returned to the individual;

(C) no credit shall be allowed for any service as a judge of

the Court unless with respect to such service either there has

been deducted and withheld the amount required by the civil

service retirement laws or there has been deposited in the Civil

Service Retirement and Disability Fund an amount equal to

the amount so required, with interest;

(D) the Court shall deposit in the Civil Service Retirement

and Disability Fund an amount equal to the additional amount

it would have contributed to such Fund but for the election

under subsection (d); and

(E) if subparagraphs (C) and (D) of this paragraph are compiled with, service on the Court shall be treated as service with

respect to which deductions and contributions had been made

during the period of service.
§ 7296 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS 664

(i)(1) Beginning with the next pay period after the Director of the

Office of Personnel Management receives a notice under subsection

(d) of this section that a judge has elected to receive retired pay

under this section, the Director shall deduct and withhold 1 percent of the salary of such judge. Amounts shall be so deducted and

withheld in a manner determined by the Director. Amounts deducted and withheld under this subsection shall be deposited in the

Treasury of the United States to the credit of the Court of Appeals

for Veterans Claims Judges Retirement Fund. Deductions under

this subsection from the salary of a judge shall terminate upon the

retirement of the judge or upon the completion of 15 years of service for which either deductions under this subsection or a deposit

under subsection (j) of this section has been made, whichever occurs first.

(2) Each judge who makes an election under subsection (d) of this

section shall be considered to agree to the deductions from salary

which are made under paragraph (1) of this subsection.

(j) A judge who makes an election under subsection (d) of this

section shall deposit, for service on the Court performed before the

election for which contributions may be made under this section, an

amount equal to 1 percent of the salary received for the first years,

not exceeding 15 years, of that service. Retired pay may not be allowed until a deposit required by this subsection has been made.

(k) The amounts deducted and withheld under subsection (i) of

this section, and the amounts deposited under subsection (j) of this

section, shall be deposited in the Court of Veterans Appeals Retirement Fund for credit to individual accounts in the name of each

judge from who such amounts are received.

(Added P.L. 101–94, § 101(a), Aug. 16, 1989, 103 Stat. 617, § 4096; renumbered

§ 7296 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239;

P.L. 102–82, § 5(c)(1), Aug. 6, 1991, 105 Stat. 376; P.L. 102–198, § 7(c)(4)(D), Dec.

9, 1991, 105 Stat. 1625; P.L. 105–368, Nov. 11, 1998, § 512(a)(1), 112 Stat. 3341;

P.L. 106–117, § § 1022, 1035(2), Nov. 30, 1999, 113 Stat. 1592, 1595; P.L. 107–103,

§ 602, Dec. 27, 2001, 115 Stat. 999.)

§ 7297. Survivor annuities

(a) For purposes of this section:

(1) The term ‘‘Court’’ means the United States Court of Appeals for Veterans Claims.

(2) The term ‘‘judge’’ means a judge of the Court who is in

active service or who has retired under section 7296 of this

title.

(3) The term ‘‘pay’’ means salary received under section

7253(e) of this title and retired pay received under section 7296

of this title.

(4) The term ‘‘retirement fund’’ means the Court of Appeals

for Veterans Claims Retirement Fund established under section 7298 of this title.

(5) The term ‘‘surviving spouse’’ means a surviving spouse of

an individual who (A) was married to such individual for at

least one year immediately preceding the individual’s death, or

(B) is a parent of issue by the marriage.

(6) The term ‘‘dependent child’’ has the meaning given the

term ‘‘child’’ in section 376(a)(5) of title 28.
665 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS § 7297

(7) The term ‘‘Member of Congress’’ means a Representative,

a Senator, a Delegate to Congress, or the Resident Commissioner of Puerto Rico.

(8) The term ‘‘assassination’’ as applied to a judge shall have

the meaning provided that term in section 376(a)(7) of title 28

as applied to a judicial official.

(b) A judge may become a participant in the annuity program

under this section by filing a written election under this subsection

while in office. Any such election shall be made in such manner as

may be prescribed by the Court or within six months after the date

on which the judge marries if the judge has retired under section

7296 of this title.

(c) There shall be deducted and withheld each pay period from

the pay of a judge who has made an election under subsection (b)

of this section a sum equal to that percentage of the judge’s pay

that is the same as provided for the deduction from the salary or

retirement salary of a judge of the United States Court of Federal

Claims for the purpose of a survivor annuity under section

376(b)(1)(B) of title 28. Amounts so deducted and withheld shall be

deposited in the retirement fund. A judge who makes an election

under subsection (b) of this section shall be considered by that election to agree to the deductions from the judge’s pay required by

this subsection.

(d)(1) A judge who makes an election under subsection (b) of this

section shall deposit, with interest at 3 percent per year compounded on December 31 of each year, to the credit of the retirement fund, an amount equal to 3.5 percent of the judge’s pay and

of the judge’s basic salary, pay, or compensation for service as a

Member of Congress, and for any other civilian service within the

purview of section 8332 of title 5. Each such judge may elect to

make such deposits in installments during the judge’s period of

service in such amount and under such conditions as may be determined in each instance by the chief judge. Notwithstanding the

failure of a judge to make such deposit, credit shall be allowed for

the service rendered, but the annual annuity of the surviving

spouse of such judge shall be reduced by an amount equal to 10

percent of the amount of such deposit, computed as of the date of

the death of such judge, unless the surviving spouse elects to eliminate such service entirely from credit under subsection (k) of this

section. However, a deposit shall not be required from a judge for

any year with respect to which deductions from the judge’s pay, or

a deposit, were actually made (and not withdrawn) under the civil

service retirement laws.

(2) The interest required under the first sentence of paragraph

(1) shall not be required for any period— (A) during which a judge was separated from any service described in section 376(d)(2) of title 28; and

(B) during which the judge was not receiving retired pay

based on service as a judge or receiving any retirement salary

as described in section 376(d)(1) of title 28.

(e) If the service of a judge who makes an election under subsection (b) of this section terminates other than pursuant to the

provisions of section 7296 of this title, or if any judge ceases to be

married after making the election under subsection (b) of this sec-
§ 7297 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS 666

tion and revokes (in a writing filed as provided in subsection (b) of

this section) such election, the amount credited to the judge’s individual account (together with interest at 3 percent per year compounded on December 31 of each year to the date of the judge’s relinquishment of office) shall be returned to the judge. For the purpose of this section, the service of a judge making an election under

subsection (b) of this section shall be considered to have terminated

pursuant to section 7296 of this title if—

(1) the judge is not reappointed following expiration of the

term for which appointed; and

(2) at or before the time of the expiration of that term, the

judge is eligible for and elects to receive retired pay under section 7296 of this title.

(f)(1) If a judge who makes an election under subsection (b) of

this section dies after having rendered at least 18 months of civilian service (computed as prescribed in subsection (l) of this section), for the last 18 months of which the salary deductions provided for by subsection (c) of this section or the deposits required

by subsection (d) of this section have actually been made (and not

withdrawn) or the salary deductions required by the civil service

retirement laws have actually been made (and not withdrawn)—

(A) if the judge is survived by a surviving spouse but not by

a dependent child, there shall be paid to the surviving spouse

an annuity beginning with the day of the death of the judge,

in an amount computed as provided in subsection (k) of this

section; or

(B) if the judge is survived by a surviving spouse and a dependent child or children, there shall be paid to the surviving

spouse an immediate annuity in an amount computed as provided in subsection (k) of this section and there shall also be

paid to or on behalf of each such child an immediate annuity

equal to the lesser of—

(i) 10 percent of the average annual pay of such judge

(determined in accordance with subsection (k) of this section), or

(ii) 20 percent of such average annual pay, divided by

the number of such children; or

(C) if the judge is not survived by a surviving spouse but is

survived by a dependent child or children, there shall be paid

to or on behalf of each such child an immediate annuity equal

to the lesser of—

(i) 20 percent of the average annual pay of such judge

(determined in accordance with subsection (k) of this section), or

(ii) 40 percent of such average annual pay, divided by

the number of such children.

(2) The annuity payable to a surviving spouse under this subsection shall be terminated—

(A) upon the surviving spouse’s death; or

(B) upon the remarriage of the surviving spouse before age

55.

(3) The annuity payable to a child under this subsection shall be

terminated upon the child’s death.
667 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS § 7297

(4) In case of the death of a surviving spouse of a judge leaving

a dependent child or children of the judge surviving the spouse, the

annuity of such child or children under paragraph (1)(B) of this

subsection shall be recomputed and paid as provided in paragraph

(1)(C) of this subsection. In any case in which the annuity of a dependent child is terminated, the annuities of any remaining dependent child or children, based upon the service of the same

judge, shall be recomputed and paid as though the child whose annuity was so terminated had not survived the judge.

(5) If a judge dies as a result of an assassination and leaves a

survivor or survivors who are otherwise entitled to receive annuity

payments under this section, the 18-month requirement in the matter in paragraph (1) preceding subparagraph (A) shall not apply.

(g) Questions of family relationships, dependency, and disability

arising under this section shall be determined in the same manner

as such questions arising under chapter 84 of title 5 are determined.

(h)(1) If— (A) a judge making an election under subsection (b) of this

section dies while in office (i) before having rendered 5 years

of civilian service computed as prescribed in subsection (l) of

this section, or (ii) after having rendered 5 years of such civilian service but without a survivor entitled to annuity benefits

provided by subsection (f) of this section; or

(B) the right of all persons entitled to an annuity under subsection (f) of this section based on the service of such judge terminates before a claim for such benefits has been established,

the total amount credited to the individual account of such judge

(with interest at 3 percent per year, compounded on December 31

of each year, to the date of the death of such judge) shall be paid

in the manner specified in paragraph (2) of this subsection.

(2) An amount payable under paragraph (1) of this subsection

shall be paid, upon the establishment of a valid claim therefor, to

the person or persons surviving at the date title to the payment

arises, in the following order of precedence:

(A) To the beneficiary or beneficiaries whom the judge designated in writing filed before death with the chief judge (except that in the case of the chief judge such designation shall

be filed before death as prescribed by the Court).

(B) To the surviving spouse of the judge.

(C) To the child or children of the judge (and the descendants of any deceased children by representation).

(D) To the parents of the judge or the survivor of them.

(E) To the executor or administrator of the estate of the

judge.

(F) To such other next of kin of the judge as may be determined by the chief judge to be entitled under the laws of the

domicile of the judge at the time of the judge’s death.

(3) Determination as to the surviving spouse, child, or parent of

a judge for the purposes of paragraph (2) of this subsection shall

be made without regard to the definitions in subsection (a) of this

section.

(4) Payment under this subsection in the manner provided in this

subsection shall be a bar to recovery by any other person.
§ 7297 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS 668

(5) In a case in which the annuities of all persons entitled to annuity based upon the service of a judge terminate before the aggregate amount of annuity paid equals the total amount credited to

the individual account of such judge (with interest at 3 percent per

year, compounded on December 31 of each year to the date of the

death of the judge), the difference shall be paid, upon establishment of a valid claim therefor, in the order of precedence prescribed in paragraph (2) of this subsection.

(6) Any accrued annuity remaining unpaid upon the termination

(other than by death) of the annuity of any individual based upon

the service of a judge shall be paid to that individual. Any accrued

annuity remaining unpaid upon the death of an individual receiving an annuity based upon the service of a judge shall be paid,

upon the establishment of a valid claim therefor, in the following

order of precedence:

(A) To the executor or administrator of the estate of that person.

(B) After 30 days after the date of the death of such individual, to such individual or individuals as may appear in the

judgment of the chief judge to be legally entitled thereto.

Such payment shall be a bar to recovery by any other individual.

(i) When a payment under this section is to be made to a minor,

or to a person mentally incompetent or under other legal disability

adjudged by a court of competent jurisdiction, the payment may be

made to the person who is constituted guardian or other fiduciary

by the law of the State of residence of such claimant or is otherwise

legally vested with the care of the claimant or the claimant’s estate. If no guardian or other fiduciary of the person under legal disability has been appointed under the laws of the State of residence

of the claimant, the chief judge shall determine the person who is

otherwise legally vested with the care of the claimant or the claimant’s estate.

(j) Annuities under this section shall accrue monthly and shall be

due and payable in monthly installments on the first business day

of the month following the month or other period for which the annuity has accrued. An annuity under this section is not assignable,

either in law or in equity, or subject to execution, levy, attachment,

garnishment, or other legal process.

(k)(1) The annuity of the surviving spouse of a judge making an

election under subsection (b) of this section shall be an amount

equal to the sum of the following:

(A) The product of—

(i) 1.5 percent of the judge’s average annual pay; and

(ii) the sum of the judge’s years of judicial service, the

judge’s years of prior allowable service as a Member of

Congress, the judge’s years of prior allowable service performed as a member of the Armed Forces, and the judge’s

years, not exceeding 15, of prior allowable service performed as a congressional employee (as defined in section

2107 of title 5).

(B) Three-fourths of 1 percent of the judge’s average annual

pay multiplied by the judge’s years of allowable service not

counted under subparagraph (A) of this paragraph.
669 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS § 7298

(2) An annuity computed under this subsection may not exceed

50 percent of the judge’s average annual pay and may not be less

than 25 percent of such average annual pay. Such annuity shall be

further reduced in accordance with subsection (d) of this section (if

applicable).

(3) For purposes of this subsection, the term ‘‘average annual

pay’’, with respect to a judge, means the average annual pay received by the judge for judicial service (including periods in which

the judge received retired pay under section 7296(d) of this title)

or for any other prior allowable service during the period of three

consecutive years in which the judge received the largest such average annual pay.

(l) Subject to subsection (d) of this section, the years of service

of a judge which are allowable as the basis for calculating the

amount of the annuity of the judge’s surviving spouse shall include

the judge’s years of service as a judge of the Court, the judge’s

years of service as a Member of Congress, the judge’s years of active service as a member of the Armed Forces not exceeding 5

years in the aggregate and not including any such service for which

credit is allowed for the purposes of retirement or retired pay

under any other provision of law, and the judge’s years of any other

civilian service within the purview of section 8332 of title 5.

(m) Nothing contained in this section shall be construed to prevent a surviving spouse eligible therefor from simultaneously receiving an annuity under this section and any annuity to which

such spouse would otherwise be entitled under any other law without regard to this section, but in computing such other annuity

service used in the computation of such spouse’s annuity under this

section shall not be credited.

(n) A judge making an election under subsection (b) of this section shall, at the time of such election, waive all benefits under the

civil service retirement laws except section 8440d of title 5. Such

a waiver shall be made in the same manner and shall have the

same force and effect as an election filed under section 7296(d) of

this title.

(o) Each survivor annuity payable from the retirement fund shall

be increased at the same time as, and by the same percentage by

which, annuities payable from the Judicial Survivors’ Annuities

Fund are increased pursuant to section 376(m) of title 28.

(Added P.L. 101–94, § 101(a), Aug. 16, 1989, 103 Stat. 620, § 4097; renumbered

§ 7297 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239;

P.L. 102–54, § 14(e)(6), June 13, 1991, 105 Stat. 287; P.L. 102–82, § 5(c)(2), Aug. 6,

1991, 105 Stat. 376; P.L. 102–198, § 7(c)(4)(E), Dec. 9, 1991, 105 Stat. 1625; P.L.

105–368, Nov. 11, 1998, §§ 503, 512(a)(1), 112 Stat. 3340, 3341; P.L. 106–117,

§ § 1023, 1035(2), Nov. 30, 1999, 113 Stat. 1592, 1595.)

§ 7298. Retirement Fund

(a) There is established in the Treasury a fund known as the

Court of Appeals for Veterans Claims Retirement Fund.

(b) Amounts in the fund are available for the payment of judges’

retired pay under section 7296 of this title and of annuities, refunds, and allowances under section 7297 of this title.

(c) Amounts deposited by, or deducted and withheld from the salary and retired pay of, a judge under section 7296 or 7297 of this
§ 7298 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS 670

title shall be deposited in the fund and credited to an individual

account of the judge.

(d) The chief judge of the Court of Appeals for Veterans Claims

shall submit to the President an annual estimate of the expenditures and appropriations necessary for the maintenance and operation of the fund, and such supplemental and deficiency estimates

as may be required from time to time for the same purposes, according to law.

(e)(1) The chief judge may cause periodic examinations of the retirement fund to be made by an actuary, who may be an actuary

employed by another department of the Government temporarily

assigned for the purpose.

(2)(A) Subject to the availability of appropriations, there shall be

deposited in the Treasury to the credit of the retirement fund, not

later than the close of each fiscal year, such amounts as may be

required to reduced to zero the unfunded liability (if any) of the

fund. Such deposits shall be taken from sums available for that fiscal year for the payment of the expenses of the Court.

(B) For purposes of subparagraph (A) of this paragraph, the term

‘‘unfunded liability’’, with respect to any fiscal year, means the

amount estimated by the chief judge to be equal to the excess (as

of the close of that fiscal year) of—

(i) the present value of all benefits payable from the fund

(determined on an annual basis in accordance with section

9503 of title 31), over

(ii) the sum of—

(I) the present values of future deductions under sections

7296(i) and 7297(c) of this title and future deposits under

sections 7296(j) and 7296(d) of this title, and

(II) the balance in the fund as of the close of the fiscal

year.

(C) For purposes of subparagraph (B), the term ‘‘present value’’

includes a value determined by an actuary with respect to a payment that may be made under subsection (b) from the retirement

fund within the contemplation of law.

(D) Amounts deposited in the retirement fund under this paragraph shall not be credited to the account of any individual.

(f) The Secretary of the Treasury shall invest from time to time,

in interest-bearing securities of the United States, such portions of

the retirement fund as in such Secretary’s judgment may not be

immediately required for payments from the fund. The income derived from such investments shall constitute a part of the fund.

(g) For purpose of section 255(g)(1)(B) of the Balanced Budget

and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)),

the retirement fund shall be treated in the same manner as the

Claims Judges’ Retirement Fund.

(Added P.L. 101–94, § 101(a), Aug. 16, 1989, 103 Stat. 625, § 4098; renumbered

§ 7298 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239;

P.L. 105–368, § 502, Nov. 11, 1998, 112 Stat. 3340; P.L. 105–368, Nov. 11, 1998,

§ 512(a)(1), (2)(C), 112 Stat. 3341; P.L. 106–117, § 1011(j), Nov. 30, 1999, 113 Stat.

1589.)
671 CH. 72—U.S. COURT OF APPEALS FOR VETERANS CLAIMS § 7299

§ 7299. Limitation on activities of retired judges

(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 P.L. 106–117, § 1024(a), Nov. 30, 1999, 113 Stat. 1593.)
(672)

CHAPTER 73—VETERANS HEALTH ADMINISTRATION—

ORGANIZATION AND FUNCTIONS

SUBCHAPTER I—ORGANIZATION

Sec.

7301. Functions of Veterans Health Administration: in general.

7302. Functions of Veterans Health Administration: health-care personnel education and training programs.

7303. Functions of Veterans Health Administration: research programs.

7304. Regulations.

7305. Divisions of Veterans Health Administration.

7306. Office of the Under Secretary for Health.

SUBCHAPTER II—GENERAL AUTHORITY AND ADMINISTRATION

7311. Quality assurance.

7312. Special medical advisory group.

7313. Advisory committees: affiliated institutions.

7314. Geriatric research, education, and clinical centers.

7315. Geriatrics and Gerontology Advisory Committee.

7316. Malpractice and negligence suits: defense by United States.

7317. Hazardous research projects: indemnification of contractors.

7318. National Center for Preventive Health.

7319. Mammography quality standards.

7320. Centers for mental illness research, education, and clinical activities.

7321. Committee on Care of Severely Chronically Mentally Ill Veterans.

7322. Breast cancer mammography policy.

7323. Required consultations with nurses.

7324. Annual report on use of authorities to enhance retention of experienced

nurses.

SUBCHAPTER III—PROTECTION OF PATIENT RIGHTS

7331. Informed consent.

7332. Confidentiality of certain medical records.

7333. Nondiscrimination against alcohol and drug abusers and persons infected

with the human immunodeficiency virus.

7334. Regulations.

SUBCHAPTER IV—RESEARCH CORPORATIONS

7361. Authority to establish; status.

7362. Purpose of corporations.

7363. Board of directors; executive director.

7364. General powers.

7365. Applicable State law.

7366. Accountability and oversight.

7367. [Repealed.]

7368. Expiration of authority.

SUBCHAPTER I—ORGANIZATION

§ 7301. Functions of Veterans Health Administration: in general

(a) There is in the Department of Veterans Affairs a Veterans

Health Administration. The Under Secretary for Health is the head

of the Administration. The Under Secretary for Health may be referred to as the Chief Medical Director.
673 CH. 73—VHA—ORGANIZATION AND FUNCTIONS § 7303

(b) The primary function of the Administration is to provide a

complete medical and hospital service for the medical care and

treatment of veterans, as provided in this title and in regulations

prescribed by the Secretary pursuant to this title.

(Added P.L. 102–40, § 401(a)(3), May 7, 1991, 105 Stat. 211; amended P.L. 102–405,

§ 302(c)(1), (2), Oct. 9, 1992, 106 Stat. 1984.)

§ 7302. Functions of Veterans Health Administration: healthcare personnel education and training programs

(a) In order to carry out more effectively the primary function of

the Veterans Health Administration and in order to assist in providing an adequate supply of health personnel to the Nation, the

Secretary—

(1) to the extent feasible without interfering with the medical care and treatment of veterans, shall develop and carry

out a program of education and training of health personnel;

and

(2) shall carry out a major program for the recruitment,

training, and employment of veterans with medical military occupation specialties as—

(A) physician assistants;

(B) expanded-function dental auxiliaries; and

(C) other medical technicians.

(b) In carrying out subsection (a)(1), the Secretary shall include

in the program of education and training under that subsection the

developing and evaluating of new health careers, interdisciplinary

approaches, and career advancement opportunities.

(c) In carrying out subsection (a)(2), the Secretary shall include

in the program of recruitment, training, and employment under

that subsection measures to advise all qualified veterans with military occupation specialties referred to in that subsection, and all

members of the armed forces about to be discharged or released

from active duty who have such military occupation specialties, of

employment opportunities with the Administration.

(d) The Secretary shall carry out subsection (a) in cooperation

with the following institutions and organizations:

(1) Schools of medicine, osteopathy, dentistry, nursing, pharmacy, optometry, podiatry, public health, or allied health professions.

(2) Other institutions of higher learning.

(3) Medical centers.

(4) Academic health centers.

(5) Hospitals.

(6) Such other public or nonprofit agencies, institutions, or

organizations as the Secretary considers appropriate.

(Added P.L. 102–40, § 401(a)(3), May 7, 1991, 105 Stat. 211.)

§ 7303. Functions of Veterans Health Administration: research programs

(a)(1) In order to carry out more effectively the primary function

of the Administration and in order to contribute to the Nation’s

knowledge about disease and disability, the Secretary shall carry

out a program of medical research in connection with the provision
§ 7303 CH. 73—VHA—ORGANIZATION AND FUNCTIONS 674

of medical care and treatment to veterans. Funds appropriated to

carry out this section shall remain available until expended.

(2) Such program of medical research shall include biomedical research, mental illness research, prosthetic and other rehabilitative

research, and health-care-services research.

(3) Such program shall stress—

(A) research into spinal-cord injuries and other diseases that

lead to paralysis of the lower extremities; and

(B) research into injuries and illnesses particularly related to

service.

(4) In carrying out such research program, the Secretary shall

act in cooperation with the entities described in section 7302(d) of

this title.

(b) Prosthetic research shall include research and testing in the

field of prosthetic, orthotic, and orthopedic appliances and sensory

devices. In order that the unique investigative material and research data in the possession of the Government may result in the

improvement of such appliances and devices for all disabled persons, the Secretary (through the Under Secretary for Health) shall

make the results of such research available to any person, and

shall consult and cooperate with the Secretary of Health and

Human Services and the Secretary of Education, in connection with

programs carried out under section 204(b)(3) of the Rehabilitation

Act of 1973 (relating to the establishment and support of Rehabilitation Engineering Research Centers).

(c)(1) In conducting or supporting clinical research, the Secretary

shall ensure that, whenever possible and appropriate—

(A) women who are veterans are included as subjects in each

project of such research; and

(B) members of minority groups who are veterans are included as subjects of such research.

(2) In the case of a project of clinical research in which women

or members of minority groups will under paragraph (1) be included as subjects of the research, the Secretary shall ensure that

the project is designed and carried out so as to provide for a valid

analysis of whether the variables being tested in the research affect

women or members of minority groups, as the case may be, differently than other persons who are subjects of the research.

(d)(1) The Secretary, in carrying out the Secretary’s responsibilities under this section, shall foster and encourage the initiation

and expansion of research relating to the health of veterans who

are women.

(2) In carrying out this subsection, the Secretary shall consult

with the following to assist the Secretary in setting research priorities:

(A) Officials of the Department assigned responsibility for

women’s health programs and sexual trauma services.

(B) The members of the Advisory Committee on Women Veterans.

(C) Members of appropriate task forces and working groups

within the Department (including the Women Veterans Working Group and the Task Force on Treatment of Women Who

Suffer Sexual Abuse).
675 CH. 73—VHA—ORGANIZATION AND FUNCTIONS § 7306

(e) Amounts for the activities of the field offices of the Office of

Research Compliance and Assurance of the Department shall be

derived from amounts appropriated for the Veterans Health Administration for Medical Care (rather than from amounts appropriated for the Veterans Health Administration for Medical and

Prosthetic Research).

(Added P.L. 102–40, § 401(a)(3), May 7, 1991, 105 Stat. 211; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 103–452, § 102(a), (b)(1), Nov. 2, 1994,

108 Stat. 4785, 4786; P.L. 105–220, § 414(c), Aug. 7, 1998, 112 Stat. 1242; P.L. 107–

135, § 205(a), Jan. 23, 2002, 115 Stat. 2460.)

§ 7304. Regulations

(a) Unless specifically otherwise provided, the Under Secretary

for Health shall prescribe all regulations necessary to the administration of the Veterans Health Administration, including regulations relating to—

(1) travel, transportation of household goods and effects, and

deductions from pay for quarters and subsistence; and

(2) the custody, use, and preservation of the records, papers,

and property of the Administration.

(b) Regulations prescribed by the Under Secretary for Health are

subject to the approval of the Secretary.

(Added P.L. 102–40, § 401(a)(3), May 7, 1991, 105 Stat. 212; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

§ 7305. Divisions of Veterans Health Administration

The Veterans Health Administration shall include the following:

(1) The Office of the Under Secretary for Health.

(2) A Medical Service.

(3) A Dental Service.

(4) A Podiatric Service.

(5) An Optometric Service.

(6) A Nursing Service.

(7) Such other professional and auxiliary services as the Secretary may find to be necessary to carry out the functions of

the Administration.

(Added P.L. 102–40, § 401(a)(3), May 7, 1991, 105 Stat. 212; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

§ 7306. Office of the Under Secretary for Health

(a) The Office of the Under Secretary for Health shall consist of

the following:

(1) The Deputy Under Secretary for Health, who shall be the

principal assistant of the Under Secretary for Health and who

shall be a qualified doctor of medicine.

(2) The Associate Deputy Under Secretary for Health, who

shall be an assistant to the Under Secretary for Health and

the Deputy Under Secretary for Health and who shall be a

qualified doctor of medicine.

(3) Not to exceed eight Assistant Under Secretaries for

Health.

(4) Such Medical Directors as may be appointed to suit the

needs of the Department, who shall be either a qualified doctor
§ 7306 CH. 73—VHA—ORGANIZATION AND FUNCTIONS 676

of medicine or a qualified doctor of dental surgery or dental

medicine.

(5) A Director of Nursing Service, who shall be a qualified

registered nurse and who shall be responsible to, and report directly to, the Under Secretary for Health for the operation of

the Nursing Service.

(6) A Director of Pharmacy Service, a Director of Dietetic

Service, a Director of Podiatric Service, and a Director of Optometric Service, who shall be responsible to the Under Secretary for Health for the operation of their respective Services.

(7) Such directors of such other professional or auxiliary

services as may be appointed to suit the needs of the Department, who shall be responsible to the Under Secretary for

Health for the operation of their respective services.

(8) The Director of the National Center for Preventive

Health, who shall be responsible to the Under Secretary for

Health for the operation of the Center.

(9) The Advisor on Physician Assistants, who shall be a physician assistant with appropriate experience and who shall advise the Under Secretary for Health on all matters relating to

the utilization and employment of physician assistants in the

Administration.

(10) Such other personnel as may be authorized by this chapter.

(b) Of the Assistant Under Secretaries for Health appointed

under subsection (a)(3)—

(1) not more than two may be persons qualified in the administration of health services who are not doctors of medicine,

dental surgery, or dental medicines;

(2) one shall be a qualified doctor of dental surgery or dental

medicine who shall be directly responsible to the Under Secretary for Health for the operation of the Dental Service; and

(3) one shall be a qualified physician trained in, or having

suitable extensive experience in, geriatrics who shall be responsible to the Under Secretary for Health for evaluating all

research, educational, and clinical health-care programs carried out in the Administration in the field of geriatrics and

who shall serve as the principal advisor to the Under Secretary

for Health with respect to such programs.

(c) Appointments under subsection (a) shall be made by the Secretary. In the case of appointments under paragraphs (1), (2), (3),

(4), and (8) of that subsection, such appointments shall be made

upon the recommendation of the Under Secretary for Health.

(d) Except as provided in subsection (e)— (1) any appointment under this section shall be for a period

of four years, with reappointment permissible for successive

like periods,

(2) any such appointment or reappointment may be extended

by the Secretary for a period not in excess of three years, and

(3) any person so appointed or reappointed or whose appointment or reappointment is extended shall be subject to removal

by the Secretary for cause.

(e)(1) The Secretary may designate a member of the Chaplain

Service of the Department as Director, Chaplain Service, for a pe-
677 CH. 73—VHA—ORGANIZATION AND FUNCTIONS § 7311

riod of two years, subject to removal by the Secretary for cause. Redesignation under this subsection may be made for successive like

periods or for any period not exceeding two years.

(2) A person designated as Director, Chaplain Service, shall at

the end of such person’s period of service as Director revert to the

position, grade, and status which such person held immediately before being designated Director, Chaplain Service, and all service as

Director, Chaplain Service, shall be creditable as service in the

former position.

(f) In organizing the Office and appointing persons to positions

in the Office, the Under Secretary shall ensure that— (1) the Office is staffed so as to provide the Under

Secretary, through a designated clinician in the appropriate

discipline in each instance, with expertise and direct policy

guidance on— (A) unique programs operated by the Administration to

provide for the specialized treatment and rehabilitation of

disabled veterans (including blind rehabilitation, care of

spinal cord dysfunction, mental illness, and long-term

care); and

(B) the programs established under section 1712A of this

title; and

(2) with respect to the programs established under section

1712A of this title, a clinician with appropriate expertise in

those programs is responsible to the Under Secretary for the

management of those programs.

(Added P.L. 102–40, § 401(a)(3), May 7, 1991, 105 Stat. 212; amended P.L. 102–405,

§ 205, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1983, 1984; P.L. 102–585, § 511(b), Nov. 4,

1992, 106 Stat. 4956; P.L. 103–446, § 1201(c)(3), Nov. 2, 1994, 108 Stat. 4683; P.L.

104–262, § 344, Oct. 9, 1996, 110 Stat. 3207; P.L. 106–419, § 206, Nov. 1, 2000, 114

Stat. 1842; P.L. 107–135, § 131, Jan. 23, 2002, 115 Stat. 2454.)

SUBCHAPTER II—GENERAL AUTHORITY AND

ADMINISTRATION

§ 7311. Quality assurance

(a) The Secretary shall— (1) establish and conduct a comprehensive program to monitor and evaluate the quality of health care furnished by the

Veterans Health Administration (hereinafter in this section referred to as the ‘‘quality-assurance program’’); and

(2) delineate the responsibilities of the Under Secretary for

Health with respect to the quality-assurance program, including the duties prescribed in this section.

(b)(1) As part of the quality-assurance program, the Under Secretary for Health shall periodically evaluate— (A) whether there are significant deviations in mortality and

morbidity rates for surgical procedures performed by the Administration from prevailing national mortality and morbidity

standards for similar procedures; and

(B) if there are such deviations, whether they indicate deficiencies in the quality of health care provided by the Administration.

(2) The evaluation under paragraph (1)(A) shall be made using

the information compiled under subsection (c)(1). The evaluation
§ 7311 CH. 73—VHA—ORGANIZATION AND FUNCTIONS 678

under paragraph (1)(B) shall be made taking into account the factors described in subsection (c)(2)(B).

(3) If, based upon an evaluation under paragraph (1)(A), the

Under Secretary for Health determines that there is a deviation referred to in that paragraph, the Under Secretary for Health shall

explain the deviation in the report submitted under subsection (f).

(c)(1) The Under Secretary for Health shall—

(A) determine the prevailing national mortality and morbidity standards for each type of surgical procedure performed

by the Administration; and

(B) collect data and other information on mortality and morbidity rates in the Administration for each type of surgical procedure performed by the Administration and (with respect to

each such procedure) compile the data and other information

so collected—

(i) for each medical facility of the Department, in the

case of cardiac surgery, heart transplant, and renal transplant programs; and

(ii) in the aggregate, for each other type of surgical procedure.

(2) The Under Secretary for Health shall—

(A) compare the mortality and morbidity rates compiled

under paragraph (1)(B) with the national mortality and morbidity standards determined under paragraph (1)(A); and

(B) analyze any deviation between such rates and such

standards in terms of the following:

(i) The characteristics of the respective patient populations.

(ii) The level of risk for the procedure involved, based

on—

(I) patient age;

(II) the type and severity of the disease;

(III) the effect of any complicating diseases; and

(IV) the degree of difficulty of the procedure.

(iii) Any other factor that the Under Secretary for

Health considers appropriate.

(d) Based on the information compiled and the comparisons,

analyses, evaluations, and explanations made under subsections (b)

and (c), the Under Secretary for Health, in the report under subsection (f), shall make such recommendations with respect to quality assurance as the Under Secretary for Health considers appropriate.

(e)(1) The Secretary shall allocate sufficient resources (including

sufficient personnel with the necessary skills and qualifications) to

enable the Administration to carry out its responsibilities under

this section.

(2) The Inspector General of the Department shall allocate sufficient resources (including sufficient personnel with the necessary

skills and qualifications) to enable the Inspector General to monitor

the quality-assurance program.

(Added P.L. 102–40, § 401(a)(3), May 7, 1991, 105 Stat. 214; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 103–446, § 1201(g)(5), Nov. 2, 1994, 108

Stat. 4687.)
679 CH. 73—VHA—ORGANIZATION AND FUNCTIONS § 7313

§ 7312. Special medical advisory group

(a) The Secretary shall establish an advisory committee to be

known as the special medical advisory group. The advisory group

shall advise the Secretary, through the Under Secretary for Health,

and the Under Secretary for Health directly, relative to the care

and treatment of disabled veterans and other matters pertinent to

the Administration.

(b) Members of the special medical advisory group shall be appointed by the Secretary upon the recommendation of the Chief

Medical Director. The special medical advisory group shall be composed of—

(1) members of the medical, dental, podiatric, optometric,

and allied scientific professions;

(2) other individuals considered by the Chief Medical Director to have experience pertinent to the mission of the Administration; and

(3) a disabled veteran.

(c) The special medical advisory group shall meet on a regular

basis as prescribed by the Secretary. The number, terms of service,

pay, and allowances of members of the advisory group shall be prescribed in accordance with existing law and regulations.

(d) Not later than February 1 of each year, the special medical

advisory group shall submit to the Secretary and the Congress a

report on the activities of the advisory group during the preceding

fiscal year. No report shall be required under this subsection after

December 31, 2004.

(Added P.L. 102–40, § 401(a)(3), May 7, 1991, 105 Stat. 215; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 103–446, § 1201(e)(20), Nov. 2, 1994,

108 Stat. 4686; P.L. 106–419, § 403(c)(5), Nov. 1, 2000, 114 Stat. 1864.)

§ 7313. Advisory committees: affiliated institutions

(a) In each case where the Secretary has a contract or agreement

with any school, institution of higher learning, medical center, hospital, or other public or nonprofit agency, institution, or organization for the training or education of health personnel, the Secretary

shall establish an advisory committee to advise the Secretary and

the Under Secretary for Health with respect to policy matters arising in connection with, and the operation of, the program with respect to which it was appointed. Such a committee may be a dean’s

committee, a medical advisory committee, or the like.

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

(c) Members of each such advisory committee shall be appointed

by the Secretary and shall include personnel of the Department (including appropriate representation from the full-time staff) and of

the entity with which the Secretary has entered into the contract

or agreement. The number of members, and terms of members, of

each advisory committee shall be prescribed by the Secretary.

(d) The Secretary shall require that the Chief of the Nursing

Service (or the designee of the Chief) at each Department healthcare facility be included in the membership of each policymaking

committee at that facility. Such committees include: (1) committees
§ 7313 CH. 73—VHA—ORGANIZATION AND FUNCTIONS 680

relating to matters such as budget, education, position management, clinical executive issues, planning, and resource allocation,

and (2) the dean’s committee or other advisory committee established under subsection (a).

(Added P.L. 102–40, § 401(a)(3), May 7, 1991, 105 Stat. 216; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

§ 7314. Geriatric research, education, and clinical centers

(a) The Secretary, upon the recommendation of the Under Secretary for Health and pursuant to the provisions of this section,

shall designate not more than 25 Department health-care facilities

as the locations for centers of geriatric research, education, and

clinical activities and (subject to the appropriation of sufficient

funds for such purpose) shall establish and operate such centers at

such locations in accordance with this section.

(b) In designating locations for centers under subsection (a), the

Secretary, upon the recommendation of the Under Secretary for

Health, shall—

(1) designate each Department health-care facility that as of

August 26, 1980, was operating a geriatric research, education,

and clinical center unless (on the recommendation of the

Under Secretary for Health) the Secretary determines that

such facility does not meet the requirements of subsection (c)

or has not demonstrated effectiveness in carrying out the established purposes of such center or the purposes of title III of

the Veterans’ Administration Health-Care Amendments of

1980 (Public Law 96–330; 94 Stat. 1048) or the potential to

carry out such purposes effectively in the reasonably foreseeable future; and

(2) assure appropriate geographic distribution of such facilities.

(c) The Secretary may not designate a health-care facility as a location for a center under subsection (a) unless the peer review

panel established under subsection (d) has determined under that

subsection that the proposal submitted by such facility as a location for a new center under subsection (a) is among those proposals

which have met the highest competitive standards of scientific and

clinical merit, and the Secretary (upon the recommendation of the

Under Secretary for Health) determines that the facility has (or

may reasonably be anticipated to develop) each of the following:

(1) An arrangement with an accredited medical school which

provides education and training in geriatrics and with which

such facility is affiliated under which residents receive education and training in geriatrics through regular rotation

through such center and through nursing home, extended care,

or domiciliary units of such facility so as to provide such residents with training in the diagnosis and treatment of chronic

diseases of older individuals, including cardiopulmonary conditions, senile dementia, and neurological disorders.

(2) An arrangement under which nursing or allied health

personnel receive training and education in geriatrics through

regular rotation through nursing home, extended care, or domiciliary units of such facility.
681 CH. 73—VHA—ORGANIZATION AND FUNCTIONS § 7314

(3) The ability to attract the participation of scientists who

are capable of ingenuity and creativity in health-care research

efforts.

(4) A policymaking advisory committee composed of appropriate health-care and research representatives of the facility

and of the affiliated school or schools to advise the directors of

such facility and such center on policy matters pertaining to

the activities of such center during the period of the operation

of such center.

(5) The capability to conduct effectively evaluations of the activities of such center.

(d)(1) In order to provide advice to assist the Secretary and the

Under Secretary for Health in carrying out their responsibilities

under this section, the Assistant Under Secretary for Health described in section 7306(b)(3) of this title shall establish a panel to

assess the scientific and clinical merit of proposals that are submitted to the Secretary for the establishment of new centers under

this section.

(2) The membership of the panel shall consist of experts in the

fields of geriatric and gerontological research, education, and clinical care. Members of the panel shall serve as consultants to the

Department for a period of no longer than six months.

(3) The panel shall review each proposal submitted to the panel

by the Assistant Under Secretary and shall submit its views on the

relative scientific and clinical merit of each such proposal to the

Assistant Under Secretary.

(4) The panel shall not be subject to the Federal Advisory Committee Act.

(e) Before providing funds for the operation of any such center

at a health-care facility other than a health-care facility designated

under subsection (b)(1), the Secretary shall assure that the center

at each facility designated under such subsection is receiving adequate funding to enable such center to function effectively in the

areas of geriatric research, education, and clinical activities.

(f) There are authorized to be appropriated such sums as may be

necessary for the support of the research and education activities

of the centers established pursuant to subsection (a). The Under

Secretary for Health shall allocate to such centers from other funds

appropriated generally for the Department medical care account

and medical and prosthetics research account, as appropriate, such

amounts as the Under Secretary for Health determines appropriate.

(g) Activities of clinical and scientific investigation at each center

established under subsection (a) shall be eligible to compete for the

award of funding from funds appropriated for the Department medical and prosthetics research account and shall receive priority in

the award of funding from such account insofar as funds are

awarded to projects for research in geriatrics and gerontology.

(Added P.L. 102–40, § 401(a)(3), May 7, 1991, 105 Stat. 216; amended P.L. 102–83,

§ 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404; P.L. 102–405, § 302(c)(1), Oct. 9, 1992, 106

Stat. 1984; P.L. 102–585, § 521, Nov. 4, 1992, 106 Stat. 4958; P.L. 103–446,

§§ 1201(c)(4), 1202(b)(2), Nov. 2, 1994, 108 Stat. 4683, 4689.)
§ 7315 CH. 73—VHA—ORGANIZATION AND FUNCTIONS 682

§ 7315. Geriatrics and Gerontology Advisory Committee

(a) The Secretary shall establish in the Administration a Geriatrics and Gerontology Advisory Committee (hereinafter in this section referred to as the ‘‘Committee’’). The membership of the Committee shall be appointed by the Secretary, upon the recommendation of the Under Secretary for Health, and shall include individuals who are not employees of the Federal Government and who

have demonstrated interest and expertise in research, education,

and clinical activities related to aging and at least one representative of a national veterans service organization. The Secretary,

upon the recommendation of the Under Secretary for Health, shall

invite representatives of other appropriate departments and agencies of the United States to participate in the activities of the Committee and shall provide the Committee with such staff and other

support as may be necessary for the Committee to carry out effectively its functions under this section.

(b) The Committee shall—

(1) advise the Under Secretary for Health on all matters pertaining to geriatrics and gerontology;

(2) assess, through an evaluation process (including a site

visit conducted not later than three years after the date of the

establishment of each new center and not later than two years

after the date of the last evaluation of those centers in operation on August 26, 1980), the ability of each center established under section 7314 of this title to achieve its established

purposes and the purposes of title III of the Veterans’ Administration Health-Care Amendments of 1980 (Public Law 96–330;

94 Stat. 1048);

(3) assess the capability of the Department to provide high

quality geriatric services, extended services, and other healthcare services to eligible older veterans, taking into consideration the likely demand for such services from such veterans;

(4) assess the current and projected needs of eligible older

veterans for geriatric services, extended-care services, and

other health-care services from the Department and its activities and plans designed to meet such needs; and

(5) perform such additional functions as the Secretary or

Under Secretary for Health may direct.

(c)(1) The Committee shall submit to the Secretary, through the

Under Secretary for Health, such reports as the Committee considers appropriate with respect to its findings and conclusions

under subsection (b). Such reports shall include the following:

(A) Descriptions of the operations of the centers of geriatric

research, education, and clinical activities established pursuant

to section 7314 of this title.

(B) Assessments of the quality of the operations of such centers.

(C) An assessment of the extent to which the Department,

through the operation of such centers and other health-care facilities and programs, is meeting the needs of eligible older veterans for geriatric services, extended-care services, and other

health-care services.
683 CH. 73—VHA—ORGANIZATION AND FUNCTIONS § 7316

(D) Assessments of and recommendations for correcting any

deficiencies in the operations of such centers.

(E) Recommendations for such other geriatric services, extended-care services, and other health-care services as may be

needed to meet the needs of older veterans.

(2) Whenever the Committee submits a report to the Secretary

under paragraph (1), the Committee shall at the same time transmit a copy of the report in the same form to the appropriate committees of Congress. Not later than 90 days after receipt of a report

under that paragraph, the Secretary shall submit to the appropriate committees of Congress a report containing any comments

and recommendations of the Secretary with respect to the report of

the Committee.

(Added P.L. 102–40, § 401(a)(3), May 7, 1991, 105 Stat. 217; amended P.L. 102–83,

§ 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404; P.L. 102–405, § 102, § 302(c)(1), Oct. 9,

1992, 106 Stat. 1973, 1984; P.L. 103–446, §§ 1201(i)(9), 1202(b)(2), Nov. 2, 1994, 108

Stat. 4688, 4689.)

§ 7316. Malpractice and negligence suits: defense by United

States

(a)(1) The remedy—

(A) against the United States provided by sections 1346(b)

and 2672 of title 28, or

(B) through proceedings for compensation or other benefits

from the United States as provided by any other law, where

the availability of such benefits precludes a remedy under section 1346(b) or 2672 of title 28,

for damages for personal injury, including death, allegedly arising

from malpractice or negligence of a medical care employee of the

Administration in furnishing medical care or treatment while in

the exercise of that employee’s duties in or for the Administration

shall be exclusive of any other civil action or proceeding by reason

of the same subject matter against the medical care employee (or

employee’s estate) whose act or omission gave rise to such claim.

(2) For purposes of paragraph (1), the term ‘‘medical care employee of the Administration’’ means a physician, dentist, podiatrist, optometrist, nurse, physician assistant, expanded-function

dental auxiliary, pharmacist, or paramedical (such as medical and

dental technicians, nursing assistants, and therapists), or other

supporting personnel.

(b) The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) (or such person’s estate) for any such damage or injury.

Any such person against whom such civil action or proceeding is

brought shall deliver within such time after date of service or

knowledge of service as determined by the Attorney General, all

process served upon such person or an attested true copy thereof

to such person’s immediate superior or to whomever was designated by the Secretary to receive such papers and such person

shall promptly furnish copies of the pleading and process therein

to the United States attorney for the district embracing the place

wherein the proceeding is brought, to the Attorney General, and to

the Secretary.
§ 7316 CH. 73—VHA—ORGANIZATION AND FUNCTIONS 684

(c) Upon a certification by the Attorney General that the defendant was acting in the scope of such person’s employment in or for

the Administration at the time of the incident out of which the suit

arose, any such civil action or proceeding commenced in a State

court shall be removed without bond at any time before trial by the

Attorney General to the district court of the United States of the

district and division embracing the place wherein it is pending and

the proceeding deemed a tort action brought against the United

States under the provisions of title 28 and all references thereto.

After removal the United States shall have available all defenses

to which it would have been entitled if the action had originally

been commenced against the United States. Should a United States

district court determine on a hearing on a motion to remand held

before a trial on the merits that the employee whose act or omission gave rise to the suit was not acting within the scope of such

person’s office or employment, the case shall be remanded to the

State court.

(d) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in

section 2677 of title 28, and with the same effect.

(e) The Secretary may, to the extent the Secretary considers appropriate, hold harmless or provide liability insurance for any person to whom the immunity provisions of this section apply (as described in subsection (a)), for damage for personal injury or death,

or for property damage, negligently caused by such person while

furnishing medical care or treatment (including the conduct of clinical studies or investigations) in the exercise of such person’s duties

in or for the Administration, if such person is assigned to a foreign

country, detailed to State or political division thereof, or is acting

under any other circumstances which would preclude the remedies

of an injured third person against the United States, provided by

sections 1346(b) and 2672 of title 28, for such damage or injury.

(f) The exception provided in section 2680(h) of title 28 shall not

apply to any claim arising out of a negligent or wrongful act or

omission of any person described in subsection (a) in furnishing

medical care or treatment (including medical care or treatment furnished in the course of a clinical study or investigation) while in

the exercise of such person’s duties in or for the Administration.

(Added P.L. 102–40, § 401(a)(3), May 7, 1991, 105 Stat. 219.)

§ 7317. Hazardous research projects: indemnification of contractors

(a)(1) With the approval of the Secretary, any contract or research authorized by section 7303 of this title, the performance of

which involves a risk of an unusually hazardous nature, may provide that the United States will indemnify the contractor as provided in paragraph (2), but only to the extent that the liability,

loss, or damage concerned arises out of the direct performance of

the contract and to the extent not covered by the financial protection required under subsection (e).

(2) Indemnity under paragraph (1) is indemnity against either or

both of the following:

(A) Liability (including reasonable expenses of litigation or

settlement) to third persons, except liability under State or
685 CH. 73—VHA—ORGANIZATION AND FUNCTIONS § 7317

Federal workers’ injury compensation laws to employees of the

contractor employed at the site of and in connection with the

contract for which indemnification is granted, for death, bodily

injury, or loss of or damage to property, from a risk that the

contract defines as unusually hazardous.

(B) Loss of or damage to property of the contractor from a

risk that the contract defines as unusually hazardous.

(b) A contract that provides for indemnification in accordance

with subsection (a) must also provide for—

(1) notice to the United States of any claim or suit against

the contractor for death, bodily injury, or loss of or damage to

property; and

(2) control of or assistance in the defense by the United

States, at its election, of any such suit or claim for which indemnification is provided hereunder.

(c) A payment may not be made under subsection (a) unless the

Secretary certifies that the amount is just and reasonable.

(d) Upon approval by the Secretary, payments under subsection

(a) may be made from—

(1) funds obligated for the performance of the contract concerned;

(2) funds available for research or development or both, and

not otherwise obligated; or

(3) funds appropriated for those payments.

(e) Each contractor which is a party to an indemnification agreement under subsection (a) shall have and maintain financial protection of such type and in such amounts as the Secretary shall require to cover liability to third persons and loss of or damage to

the contractor’s property. The amount of financial protection required shall be the maximum amount of insurance available from

private sources, except that the Secretary may establish a lesser

amount, taking into consideration the cost and terms of private insurance. Such financial protection may include private insurance,

private contractual indemnities, self-insurance, other proof of financial responsibility, or a combination of such measures.

(f) In administering the provisions of this section, the Secretary

may use the facilities and services of private insurance organizations and may contract to pay a reasonable compensation therefor.

Any contract made under the provisions of this section may be

made without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5), upon a showing by the Secretary that

advertising is not reasonably practicable, and advance payments

may be made under any such contract.

(g) The authority to indemnify contractors under this section

does not create any rights in third persons which would not otherwise exist by law.

(h) Funds appropriated to carry out this section shall remain

available until expended.

(i) In this section, the term ‘‘contractor’’ includes subcontractors

of any tier under a contract containing an indemnification provision pursuant to subsection (a).

(Added P.L. 102–40, § 401(a)(3), May 7, 1991, 105 Stat. 220.)
§ 7318 CH. 73—VHA—ORGANIZATION AND FUNCTIONS 686

§ 7318. National Center for Preventive Health

(a)(1) The Under Secretary for Health shall establish and operate

in the Veterans Health Administration a National Center for Preventive Health (hereinafter in this section referred to as the ‘‘Center’’). The Center shall be located at a Department health care facility.

(2) The head of the Center is the Director of Preventive Health

(hereinafter in this section referred to as the ‘‘Director’’).

(3) The Under Secretary for Health shall provide the Center with

such staff and other support as may be necessary for the Center

to carry out effectively its functions under this section.

(b) The purposes of the Center are the following:

(1) To provide a central office for monitoring and encouraging the activities of the Veterans Health Administration

with respect to the provision, evaluation, and improvement of

preventive health services.

(2) To promote the expansion and improvement of clinical,

research, and educational activities of the Veterans Health Administration with respect to such services.

(c) In carrying out the purposes of the Center, the Director shall

do the following:

(1) Develop and maintain current information on clinical activities of the Veterans Health Administration relating to preventive health services, including activities relating to—

(A) the on-going provision of regularly-furnished services; and

(B) patient education and screening programs carried

out throughout the Administration.

(2) Develop and maintain detailed current information on research activities of the Veterans Health Administration relating to preventive health services.

(3) In order to encourage the effective provision of preventive

health services by Veterans Health Administration personnel— (A) ensure the dissemination to such personnel of any

appropriate information on such services that is derived

from research carried out by the Administration; and

(B) acquire and ensure the dissemination to such personnel of any appropriate information on research and

clinical practices relating to such services that are carried

out by researchers, clinicians, and educators who are not

affiliated with the Administration.

(4) Facilitate the optimal use of the unique resources of the

Department for cooperative research into health outcomes by

initiating recommendations, and responding to requests of the

Under Secretary for Health and the Director of the Medical

and Prosthetic Research Service, for such research into preventive health services.

(5) Provide advisory services to personnel of Department

health-care facilities with respect to the planning or furnishing

of preventive health services by such personnel.

(d) There is authorized to be appropriated $1,500,000 to the Medical Care General and Special Fund of the Department of Veterans

Affairs for each fiscal year for the purpose of permitting the Na-
687 CH. 73—VHA—ORGANIZATION AND FUNCTIONS § 7320

tional Center for Preventive Health to carry out research, clinical,

educational and administrative activities under this section. Such

activities shall be considered to be part of the operation of healthcare facilities of the Department without regard to the location at

which such activities are carried out.

(e) In this section, the term ‘‘preventive health services’’ has the

meaning given such term in section 1701(9) of this title.

(Added P.L. 102–585, § 511(a)(1), Nov. 4, 1992, 106 Stat. 4955; amended P.L. 103–

446, § 1201(c)(5), Nov. 2, 1994, 108 Stat. 4683.)

§ 7319. Mammography quality standards

(a) A mammogram may not be performed at a Department facility unless that facility is accredited for that purpose by a private

nonprofit organization designated by the Secretary. An organization designated by the Secretary under this subsection shall meet

the standards for accrediting bodies established under subsection

(e) of section 354 of the Public Health Service Act (42 U.S.C. 263b).

(b) The Secretary, in consultation with the Secretary of Health

and Human Services, shall prescribe quality assurance and quality

control standards relating to the performance and interpretation of

mammograms and use of mammogram equipment and facilities of

the Department of Veterans Affairs consistent with the requirements of section 354(f)(1) of the Public Health Service Act. Such

standards shall be no less stringent than the standards prescribed

by the Secretary of Health and Human Services under section

354(f) of the Public Health Service Act.

(c)(1) The Secretary, to ensure compliance with the standards

prescribed under subsection (b), shall provide for an annual inspection of the equipment and facilities used by and in Department

health care facilities for the performance of mammograms. Such inspections shall be carried out in a manner consistent with the inspection of certified facilities by the Secretary of Health and

Human Services under section 354(g) of the Public Health Service

Act.

(2) The Secretary may not provide for an inspection under paragraph (1) to be performed by a State agency.

(d) The Secretary shall ensure that mammograms performed for

the Department under contract with any non-Department facility

or provider conform to the quality standards prescribed by the Secretary of Health and Human Services under section 354 of the Public Health Service Act.

(e) For the purposes of this section, the term ‘‘mammogram’’ has

the meaning given such term in paragraph (5) of section 354(a) of

the Public Health Service Act.

(Added P.L. 104–262, § 321(a)(1), Oct. 9, 1996, 110 Stat. 3195.)

§ 7320. Centers for mental illness research, education, and

clinical activities

(a) The purpose of this section is to provide for the improvement

of the provision of health-care services and related counseling services to eligible veterans suffering from mental illness (especially

mental illness related to service-related conditions) through—
§ 7320 CH. 73—VHA—ORGANIZATION AND FUNCTIONS 688

(1) the conduct of research (including research on improving

mental health service facilities of the Department and on improving the delivery of mental health services by the Department);

(2) the education and training of health care personnel of the

Department; and

(3) the development of improved models and systems for the

furnishing of mental health services by the Department.

(b)(1) The Secretary shall establish and operate centers for mental illness research, education, and clinical activities. Such centers

shall be established and operated by collaborating Department facilities as provided in subsection (c)(1). Each such center shall function as a center for—

(A) research on mental health services;

(B) the use by the Department of specific models for

furnishing services to treat serious mental illness;

(C) education and training of health-care professionals of the

Department; and

(D) the development and implementation of innovative clinical activities and systems of care with respect to the delivery

of such services by the Department.

(2) The Secretary shall, upon the recommendation of the Under

Secretary for Health, designate the centers under this section. In

making such designations, the Secretary shall ensure that the centers designated are located in various geographic regions of the

United States. The Secretary may designate a center under this

section only if—

(A) the proposal submitted for the designation of the center

meets the requirements of subsection (c);

(B) the Secretary makes the finding described in subsection

(d); and

(C) the peer review panel established under subsection (e)

makes the determination specified in subsection (e)(3) with respect to that proposal.

(3) Not more than five centers may be designated under this section.

(4) The authority of the Secretary to establish and operate centers under this section is subject to the appropriation of funds for

that purpose.

(c) A proposal submitted for the designation of a center under

this section shall—

(1) provide for close collaboration in the establishment and

operation of the center, and for the provision of care and the

conduct of research and education at the center, by a Department facility or facilities in the same geographic area which

have a mission centered on care of the mentally ill and a Department facility in that area which has a mission of providing

tertiary medical care;

(2) provide that no less than 50 percent of the funds appropriated for the center for support of clinical care, research, and

education will be provided to the collaborating facility or facilities that have a mission centered on care of the mentally ill;

and
689 CH. 73—VHA—ORGANIZATION AND FUNCTIONS § 7320

(3) provide for a governance arrangement between the collaborating Department facilities which ensures that the center

will be established and operated in a manner aimed at improving the quality of mental health care at the collaborating facility or facilities which have a mission centered on care of the

mentally ill.

(d) The finding referred to in subsection (b)(2)(B) with respect to

a proposal for designation of a site as a location of a center under

this section is a finding by the Secretary, upon the recommendation

of the Under Secretary for Health, that the facilities submitting the

proposal have developed (or may reasonably be anticipated to develop) each of the following:

(1) An arrangement with an accredited medical school that

provides education and training in psychiatry and with which

one or more of the participating Department facilities is affiliated under which medical residents receive education and

training in psychiatry through regular rotation through the

participating Department facilities so as to provide such residents with training in the diagnosis and treatment of mental

illness.

(2) An arrangement with an accredited graduate program of

psychology under which students receive education and training in clinical, counseling, or professional psychology through

regular rotation through the participating Department facilities so as to provide such students with training in the diagnosis and treatment of mental illness.

(3) An arrangement under which nursing, social work, counseling, or allied health personnel receive training and education in mental health care through regular rotation through

the participating Department facilities.

(4) The ability to attract scientists who have demonstrated

achievement in research— (A) into the evaluation of innovative approaches to the

design of mental health services; or

(B) into the causes, prevention, and treatment of mental

illness.

(5) The capability to evaluate effectively the activities of the

center, including activities relating to the evaluation of specific

efforts to improve the quality and effectiveness of mental

health services provided by the Department at or through individual facilities.

(e)(1) In order to provide advice to assist the Secretary and the

Under Secretary for Health to carry out their responsibilities under

this section, the official within the central office of the

Veterans Health Administration responsible for mental health and

behavioral sciences matters shall establish a peer review panel to

assess the scientific and clinical merit of proposals that are submitted to the Secretary for the designation of centers under this

section.

(2) The panel shall consist of experts in the fields of mental

health research, education and training, and clinical care. Members

of the panel shall serve as consultants to the Department.

(3) The panel shall review each proposal submitted to the panel

by the official referred to in paragraph (1) and shall submit to that
§ 7320 CH. 73—VHA—ORGANIZATION AND FUNCTIONS 690

official its views on the relative scientific and clinical merit of each

such proposal. The panel shall specifically determine with respect

to each such proposal whether that proposal is among those proposals which have met the highest competitive standards of scientific and clinical merit.

(4) The panel shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).

(f) Clinical and scientific investigation activities at each center

established under this section—

(1) may compete for the award of funding from amounts appropriated for the Department of Veterans Affairs medical and

prosthetics research account; and

(2) shall receive priority in the award of funding from such

account insofar as funds are awarded to projects and activities

relating to mental illness.

(g) The Under Secretary for Health shall ensure that at least

three centers designated under this section emphasize research

into means of improving the quality of care for veterans suffering

from mental illness through the development of community-based

alternatives to institutional treatment for such illness.

(h) The Under Secretary for Health shall ensure that information

produced by the research, education and training, and clinical activities of centers established under this section that may be useful

for other activities of the Veterans Health Administration is disseminated throughout the Veterans Health Administration. Such

dissemination shall be made through publications, through programs of continuing medical and related education provided

through regional medical education centers under subchapter VI of

chapter 74 of this title, and through other means. Such programs

of continuing medical education shall receive priority in the award

of funding.

(i) The official within the central office of the Veterans Health

Administration responsible for mental health and behavioral

sciences matters shall be responsible for supervising the operation

of the centers established pursuant to this section and shall provide for ongoing evaluation of the centers and their compliance

with the requirements of this section.

(j)(1) There are authorized to be appropriated to the Department

of Veterans Affairs for the basic support of the research and education and training activities of centers established pursuant to

this section amounts as follows:

(A) $3,125,000 for fiscal year 1998.

(B) $6,250,000 for each of fiscal years 1999 through 2001.

(2) In addition to funds appropriated for a fiscal year pursuant

to the authorization of appropriations in paragraph (1), the Under

Secretary for Health shall allocate to such centers from other funds

appropriated for that fiscal year generally for the Department of

Veterans Affairs medical care account and the Department of Veterans Affairs medical and prosthetics research account such

amounts as the Under Secretary for Health determines appropriate

to carry out the purposes of this section.

(Added P.L. 104–262, § 334(a)(1), Oct. 9, 1996, 110 Stat. 3200.)
691 CH. 73—VHA—ORGANIZATION AND FUNCTIONS § 7321

§ 7321. Committee on Care of Severely Chronically Mentally

Ill Veterans

(a) The Secretary, acting through the Under Secretary for

Health, shall establish in the Veterans Health Administration a

Committee on Care of Severely Chronically Mentally Ill Veterans.

The Under Secretary shall appoint employees of the Department

with expertise in the care of the chronically mentally ill to serve

on the committee.

(b) The committee shall assess, and carry out a continuing assessment of, the capability of the Veterans Health Administration

to meet effectively the treatment and rehabilitation needs of mentally ill veterans whose mental illness is severe and chronic and

who are eligible for health care furnished by the Department, including the needs of such veterans who are women. In carrying out

that responsibility, the committee shall— (1) evaluate the care provided to such veterans through the

Veterans Health Administration;

(2) identify systemwide problems in caring for such veterans

in facilities of the Veterans Health Administration;

(3) identify specific facilities within the Veterans Health Administration at which program enrichment is needed to improve treatment and rehabilitation of such veterans; and

(4) identify model programs which the committee considers

to have been successful in the treatment and rehabilitation of

such veterans and which should be implemented more widely

in or through facilities of the Veterans Health Administration.

(c) The committee shall—

(1) advise the Under Secretary regarding the development of

policies for the care and rehabilitation of severely chronically

mentally ill veterans; and

(2) make recommendations to the Under Secretary— (A) for improving programs of care of such veterans at

specific facilities and throughout the Veterans Health Administration;

(B) for establishing special programs of education and

training relevant to the care of such veterans for employees of the Veterans Health Administration;

(C) regarding research needs and priorities relevant to

the care of such veterans; and

(D) regarding the appropriate allocation of resources for

all such activities.

(d)(1) Not later than April 1, 1997, the Secretary shall submit to

the Committees on Veterans’ Affairs of the Senate and House of

Representatives a report on the implementation of this section. The

report shall include the following:

(A) A list of the members of the committee.

(B) The assessment of the Under Secretary for Health, after

review of the initial findings of the committee, regarding the

capability of the Veterans Health Administration, on a systemwide and facility-by-facility basis, to meet effectively the treatment and rehabilitation needs of severely chronically mentally

ill veterans who are eligible for Department care.

(C) The plans of the committee for further assessments.
§ 7321 CH. 73—VHA—ORGANIZATION AND FUNCTIONS 692

(D) The findings and recommendations made by the committee to the Under Secretary for Health and the views of the

Under Secretary on such findings and recommendations.

(E) A description of the steps taken, plans made (and a timetable for their execution), and resources to be applied toward

improving the capability of the Veterans Health Administration to meet effectively the treatment and rehabilitation needs

of severely chronically mentally ill veterans who are eligible for

Department care.

(2) Not later than February 1, 1998, and February 1 of each of

the six following years, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report containing information updating the reports submitted under this subsection before the submission of such report.

(Added P.L. 104–262, § 335(a), Oct. 9, 1996, 110 Stat. 3204; amended P.L. 106–419,

§ 402(f, Nov. 1, 2000, 114 Stat. 1863.)

§ 7322. Breast cancer mammography policy

(a) The Under Secretary for Health shall develop a national policy for the Veterans Health Administration on mammography

screening for veterans.

(b) The policy developed under subsection (a) shall—

(1) specify standards of mammography screening;

(2) provide recommendations with respect to screening, and

the frequency of screening, for—

(A) women veterans who are over the age of 39; and

(B) veterans, without regard to age, who have clinical

symptoms, risk factors, or family history of breast cancer;

and

(3) provide for clinician discretion.

(Added P.L. 105–114, § 208(a)(1), Nov. 21, 1997, 111 Stat. 2289.)

§ 7323. Required consultations with nurses

The Under Secretary for Health shall ensure that—

(1) the director of a geographic service area, in formulating

policy relating to the provision of patient care, shall consult

regularly with a senior nurse executive or senior nurse executives; and

(2) the director of a medical center shall include a registered

nurse as a member of any committee used at that medical center to provide recommendations or decisions on medical center

operations or policy affecting clinical services, clinical outcomes, budget, or resources.

(Added P.L. 106–419, § 201(b), Nov. 11, 2000, 114 Stat. 1840.)

§ 7324. Annual report on use of authorities to enhance retention of experienced nurses

(a) ANNUAL REPORT.—Not later than January 31 each year, the

Secretary, acting through the Under Secretary for Health, shall

submit to Congress a report on the use during the preceding year

of authorities for purposes of retaining experienced nurses in the

Veterans Health Administration, as follows:

(1) The authorities under chapter 76 of this title.
693 CH. 73—VHA—ORGANIZATION AND FUNCTIONS § 7332

(2) The authority under VA Directive 5102.1, relating to the

Department of Veterans Affairs nurse qualification standard,

dated November 10, 1999, or any successor directive.

(3) Any other authorities available to the Secretary for those

purposes.

(b) REPORT ELEMENTS.—Each report under subsection (a) shall

specify for the period covered by such report, for each Department

medical facility and for each geographic service area of the Department, the following:

(1) The number of waivers requested under the authority referred to in subsection (a)(2), and the number of waivers granted under that authority, to promote to the Nurse II grade or

Nurse III grade under the Nurse Schedule under section

7404(b)(1) of this title any nurse who has not completed a baccalaureate degree in nursing in a recognized school of nursing,

set forth by age, race, and years of experience of the individuals subject to such waiver requests and waivers, as the case

may be.

(2) The programs carried out to facilitate the use of nursing

education programs by experienced nurses, including programs

for flexible scheduling, scholarships, salary replacement pay,

and on-site classes.

(Added P.L. 107–135, § 125(a)(1), Jan. 23, 2002, 115 Stat. 2452.)

SUBCHAPTER III—PROTECTION OF PATIENT RIGHTS

§ 7331. Informed consent

The Secretary, upon the recommendation of the Under Secretary

for Health and pursuant to the provisions of section 7334 of this

title, shall prescribe regulations establishing procedures to ensure

that all medical and prosthetic research carried out and, to the

maximum extent practicable, all patient care furnished under this

title shall be carried out only with the full and informed consent

of the patient or subject or, in appropriate cases, a representative

thereof.

(Added P.L. 94–581, § 111(a)(1), Oct. 21, 1976, 90 Stat. 2849, § 4131; renumbered

§ 7331 and amended P.L. 102–40, §§ 401(a)(4)(A), 402(d)(1), 403(a)(1), May 7, 1991,

105 Stat. 221, 239; P.L. 102–405, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

§ 7332. Confidentiality of certain medical records

(a)(1) Records of the identity, diagnosis, prognosis, or treatment

of any patient or subject which are maintained in connection with

the performance of any program or activity (including education,

training, treatment, rehabilitation, or research) relating to drug

abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus or sickle cell anemia which is carried out by

or for the Department under this title shall, except as provided in

subsections (e) and (f), be confidential, and (section 5701 of this

title to the contrary notwithstanding) such records may be disclosed only for the purposes and under the circumstances expressly

authorized under subsection (b).

(2) Paragraph (1) prohibits the disclosure to any person or entity

other than the patient or subject concerned of the fact that a spe-
§ 7332 CH. 73—VHA—ORGANIZATION AND FUNCTIONS 694

cial written consent is required in order for such records to be disclosed.

(b)(1) The content of any record referred to in subsection (a) may

be disclosed by the Secretary in accordance with the prior written

consent of the patient or subject with respect to whom such record

is maintained, but only to such extent, under such circumstances,

and for such purposes as may be allowed in regulations prescribed

by the Secretary.

(2) Whether or not any patient or subject, with respect to whom

any given record referred to in subsection (a) is maintained, gives

written consent, the content of such record may be disclosed by the

Secretary as follows:

(A) To medical personnel to the extent necessary to meet a

bona fide medical emergency.

(B) To qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation, but such personnel may not identify, directly

or indirectly, any individual patient or subject in any report of

such research, audit, or evaluation, or otherwise disclose patient or subject identities in any manner.

(C)(i) In the case of any record which is maintained in connection with the performance of any program or activity relating to infection with the human immunodeficiency virus, to a

Federal, State, or local public-health authority, charged under

Federal or State law with the protection of the public health,

and to which Federal or State law requires disclosure of such

record, if a qualified representative of such authority has made

a written request that such record be provided as required pursuant to such law for a purpose authorized by such law.

(ii) A person to whom a record is disclosed under this paragraph may not redisclose or use such record for a purpose

other than that for which the disclosure was made.

(D) If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good

cause therefor. In assessing good cause the court shall weigh

the public interest and the need for disclosure against the injury to the patient or subject, to the physician-patient relationship, and to the treatment services. Upon the granting of such

order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose

appropriate safeguards against unauthorized disclosure.

(3) In the event that the patient or subject who is the subject of

any record referred to in subsection (a) is deceased, the content of

any such record may be disclosed by the Secretary only upon the

prior written request of the next of kin, executor, administrator, or

other personal representative of such patient or subject and only if

the Secretary determines that such disclosure is necessary for such

survivor to obtain benefits to which such survivor may be entitled,

including the pursuit of legal action, but then only to the extent,

under such circumstances, and for such purposes as may be allowed in regulations prescribed pursuant to section 7334 of this

title.

(c) Except as authorized by a court order granted under subsection (b)(2)(D), no record referred to in subsection (a) may be
695 CH. 73—VHA—ORGANIZATION AND FUNCTIONS § 7333

used to initiate or substantiate any criminal charges against, or to

conduct any investigation of, a patient or subject.

(d) The prohibitions of this section shall continue to apply to

records concerning any person who has been a patient or subject,

irrespective of whether or when such person ceases to be a patient.

(e) The prohibitions of this section shall not prevent any interchange of records—

(1) within and among those components of the Department

furnishing health care to veterans, or determining eligibility

for benefits under this title; or

(2) between such components furnishing health care to veterans and the Armed Forces.

(f)(1) Notwithstanding subsection (a) but subject to paragraph

(2), a physician or a professional counselor may disclose information or records indicating that a patient or subject is infected with

the human immunodeficiency virus if the disclosure is made to (A)

the spouse of the patient or subject, or (B) to an individual whom

the patient or subject has, during the process of professional counseling or of testing to determine whether the patient or subject is

infected with such virus, identified as being a sexual partner of

such patient or subject.

(2)(A) A disclosure under paragraph (1) may be made only if the

physician or counselor, after making reasonable efforts to counsel

and encourage the patient or subject to provide the information to

the spouse or sexual partner, reasonably believes that the patient

or subject will not provide the information to the spouse or sexual

partner and that the disclosure is necessary to protect the health

of the spouse or sexual partner.

(B) A disclosure under such paragraph may be made by a physician or counselor other than the physician or counselor referred to

in subparagraph (A) if such physician or counselor is unavailable

by reason of absence or termination of employment to make the

disclosure.

(g) Any person who violates any provision of this section or any

regulation issued pursuant to this section shall be fined, in the case

of a first offense, up to the maximum amount provided under section 7301(f) of this title for a first offense under that section and,

in the case of a subsequent offense, up to the maximum amount

provided under section 7301(f) of this title for a subsequent offense

under that section.

(Added P.L. 94–581, § 111(a)(1), Oct. 21, 1976, 90 Stat. 2849, § 4132; amended P.L.

100–322, § 121, May 20, 1988, 102 Stat. 502; renumbered § 7332 and amended P.L.

102–40, §§ 401(a)(4)(A), 402(d)(1), 403(a)(1), (2), (4), (5), May 7, 1991, 105 Stat. 221,

239.)

§ 7333. Nondiscrimination against alcohol and drug abusers

and persons infected with the human immunodeficiency virus

(a) Veterans eligible for treatment under chapter 17 of this title

who are alcohol or drug abusers or who are infected with the

human immunodeficiency virus shall not be discriminated against

in admission or treatment by any Department health-care facility

solely because of their alcohol or drug abuse or dependency or because of their viral infection.
§ 7333 CH. 73—VHA—ORGANIZATION AND FUNCTIONS 696

(b) The Secretary shall prescribe regulations for the enforcement.

Such regulations, with respect to the admission and treatment of

such veterans who are alcohol or drug abusers, shall be prescribed

in accordance with section 7334 of this title.

(Added P.L. 94–581, § 111(a)(1), Oct. 21, 1976, 90 Stat. 2850, § 4133; amended P.L.

100–322, § 122(a), May 20, 1988, 102 Stat. 503; renumbered § 7333 and amended

P.L. 102–40, §§ 401(a)(4)(A), 402(d)(1), 403(a)(1), (2), May 7, 1991, 105 Stat. 221,

239.)

§ 7334. Regulations

(a) Regulations prescribed by the Secretary under section 7331 of

this title, section 7332 of this title with respect to the confidentiality of alcohol and drug abuse medical records, and section 7333

of this title with respect to alcohol or drug abusers shall, to the

maximum extent feasible consistent with other provisions of this

title, make applicable the regulations described in subsection (b) to

the conduct of research and to the provision of hospital care, nursing home care, domiciliary care, and medical services under this

title.

(b) The regulations referred to in subsection (a) are—

(1) regulations governing human experimentation and informed consent prescribed by the Secretary of Health and

Human Services, based on the recommendations of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, established by section 201 of

the National Research Act (Public Law 93–348; 88 Stat. 348);

and

(2) regulations governing (A) the confidentiality of drug and

alcohol abuse medical records, and (B) the admission of drug

and alcohol abusers to private and public hospitals, prescribed

pursuant to the Comprehensive Alcohol Abuse and Alcoholism

Prevention, Treatment, and Rehabilitation Act of 1970 (42

U.S.C. 4551 et seq.) and the Drug Abuse Office and Treatment

Act of 1972 (21 U.S.C. 1101 et seq.).

(c) Regulations prescribed by the Secretary under sections 7331,

7332, and 7333 of this title may contain such definitions, and may

provide for such safeguards and procedures (including procedures

and criteria for the issuance and scope of court orders under section 7332(b)(2)(C) of this title), as are necessary to prevent circumvention or evasion of such regulations or to facilitate compliance with such regulations.

(d) In prescribing and implementing such regulations, the Secretary shall, from time to time, consult with the Secretary of

Health and Human Services and, as appropriate, with the President (or the delegate of the President) in order to achieve the maximum possible coordination of the regulations, and the implementation of the regulations, which they and the Secretary prescribe.

(Added P.L. 94–581, § 111(a)(1), Oct. 21, 1976, 90 Stat. 2851, § 4134; amended P.L.

97–295, § 4(87), Oct. 12, 1982, 96 Stat. 1312; P.L. 100–322, § 122(a), May 20, 1988,

102 Stat. 504; renumbered § 7334 and amended P.L. 102–40, §§ 401(a)(4)(A),

402(d)(1), 403(a)(1), (4), May 7, 1991, 105 Stat. 221, 239.)
697 CH. 73—VHA—ORGANIZATION AND FUNCTIONS § 7362

SUBCHAPTER IV—RESEARCH CORPORATIONS

§ 7361. Authority to establish; status

(a) The Secretary may authorize the establishment at any Department medical center of a nonprofit corporation to provide a

flexible funding mechanism for the conduct of approved research

and education at the medical center. Except as otherwise required

in this subchapter or under regulations prescribed by the Secretary, any such corporation, and its directors and employees, shall

be required to comply only with those Federal laws, regulations,

and executive orders and directives which apply generally to private nonprofit corporations. Such a corporation may be established

to facilitate either research or education or both research and education.

(b) If by the end of the four-year period beginning on the date

of the establishment of a corporation under this subchapter the corporation is not recognized as an entity the income of which is exempt from taxation under the Internal Revenue Code of 1986, the

Secretary shall dissolve the corporation.

(Added P.L. 100–322, § 204(a), May 20, 1988, 102 Stat. 510, § 4161; renumbered

§ 7361 and amended P.L. 102–40, §§ 401(a)(4)(B), 403(a)(1), (2), May 7, 1991, 105

Stat. 221, 239; P.L. 102–291, § 3(a), May 20, 1992, 106 Stat. 179; P.L. 104–262,

§ 343(b), Oct. 9, 1996, 110 Stat. 3207; P.L. 106–117, § 204(a), Nov. 30, 1999, 113

Stat. 1562.)

§ 7362. Purpose of corporations

(a) Any corporation established under this subchapter shall be

established solely to facilitate research as described in section

7303(a) of this title and education and training as described in sections 7302, 7471, 8154, and 1701(6)(B) of this title in conjunction

with the applicable Department medical center. Any funds received

by the Secretary for the conduct of research or education at the

medical center other than funds appropriated to the Department

may be transferred to and administered by the corporation for

these purposes.

(b) For purposes of this section, the term ‘‘education and training’’ means the following:

(1) In the case of employees of the Veterans Health Administration, such term means work-related instruction or other

learning experiences to—

(A) improve performance of current duties;

(B) assist employees in maintaining or gaining specialized proficiencies; and

(C) expand understanding of advances and changes in

patient care, technology, and health care administration.

Such term includes (in the case of such employees) education

and training conducted as part of a residency or other program

designed to prepare an individual for an occupation or profession.

(2) In the case of veterans under the care of the Veterans

Health Administration, such term means instruction or other

learning experiences related to improving and maintaining the

health of veterans to patients and to the families and guardians of patients.
§ 7362 CH. 73—VHA—ORGANIZATION AND FUNCTIONS 698

(Added P.L. 100–322, § 204(a), May 20, 1988, 102 Stat. 510, § 4162; renumbered

§ 7362 and amended P.L. 102–40, §§ 401(a)(4)(B), 403(a)(1)–(3), May 7, 1991, 105

Stat. 221, 239; P.L. 106–117, § 204(b), Nov. 30, 1999, 113 Stat. 1562.)

§ 7363. Board of directors; executive director

(a) The Secretary shall provide for the appointment of a board of

directors for any corporation established under this subchapter.

The board shall include—

(1) the director of the medical center, the chief of staff of the

medical center, and as appropriate, the assistant chief of staff

for research for the medical center and the assistant chief of

staff for education for the medical center, or, in the case of a

facility at which such positions do not exist, those officials who

are responsible for carrying out the responsibilities of the medical center director, chief of staff, and, as appropriate, the assistant chief of staff for research and the assistant chief of staff

for education; and

(2) subject to subsection (c), members who are not officers or

employees of the Federal Government and who are familiar

with issues involving medical and scientific research or education, as appropriate.

(b) Each such corporation shall have an executive director who

shall be appointed by the board of directors with concurrence of the

Under Secretary for Health of the Department. The executive director of a corporation shall be responsible for the operations of the

corporation and shall have such specific duties and responsibilities

as the board may prescribe.

(c) An individual appointed under subsection (a)(2) to the board

of directors of a corporation established under this subchapter may

not be affiliated with, employed by, or have any other financial relationship with any entity that is a source of funding for research

or education by the Department unless that source of funding is a

governmental entity or an entity the income of which is exempt

from taxation under the Internal Revenue Code of 1986.

(Added P.L. 100–322, § 204(a), May 20, 1988, 102 Stat. 510, § 4163; renumbered

§ 7363 and amended P.L. 102–40, §§ 401(a)(4)(B), 403(a)(1), (2), (4), May 7, 1991, 105

Stat. 221, 239; P.L. 102–405, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 104–262,

§ 343(b), Oct. 9, 1996, 110 Stat. 3207; P.L. 106–117, § 204(c), Nov. 30, 1999, 113

Stat. 1562.)

§ 7364. General powers

(a) A corporation established under this subchapter may—

(1) accept gifts and grants from, and enter into contracts

with, individuals and public and private entities solely to carry

out the purposes of this subchapter; and

(2) employ such employees as it considers necessary for such

purposes and fix the compensation of such employees.

(b) A corporation established under this subchapter may not

spend funds for a research project unless the project is approved

in accordance with procedures prescribed by the Under Secretary

for Health for research carried out with Department funds. Such

procedures shall include a peer review process.

(c)(1) A corporation established under this subchapter may not

spend funds for an education activity unless the activity is ap-
699 CH. 73—VHA—ORGANIZATION AND FUNCTIONS § 7366

proved in accordance with procedures prescribed by the Under Secretary for Health.

(2) The Under Secretary for Health shall prescribe policies and

procedures to guide the expenditure of funds by corporations under

paragraph (1) consistent with the purpose of such corporations as

flexible funding mechanisms.

(Added P.L. 100–322, § 204(a), May 20, 1988, 102 Stat. 511, § 4164; renumbered

§ 7364 and amended P.L. 102–40, §§ 401(a)(4)(B), 403(a)(2), May 7, 1991, 105 Stat.

221, 239; P.L. 102–405, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 106–117,

§ 204(d), Nov. 30, 1999, 113 Stat. 1562.)

§ 7365. Applicable State law

Any corporation established under this subchapter shall be established in accordance with the nonprofit corporation laws of the

State in which the applicable medical center is located and shall,

to the extent not inconsistent with any Federal law, be subject to

the laws of such State.

(Added P.L. 100–322, § 204(a), May 20, 1988, 102 Stat. 511, § 4165; renumbered

§ 7365, P.L. 102–40, § 401(a)(4)(B), May 7, 1991, 105 Stat. 221.)

§ 7366. Accountability and oversight

(a)(1)(A) The records of a corporation established under this subchapter shall be available to the Secretary.

(B) For the purposes of sections 4(a)(1) and 6(a)(1) of the Inspector General Act of 1978, the programs and operations of such a corporation shall be considered to be programs and operations of the

Department with respect to which the Inspector General of the Department has responsibilities under such Act.

(2) Such a corporation shall be considered an agency for the purposes of section 716 of title 31 (relating to availability of information and inspection of records by the Comptroller General).

(b) Each such corporation shall submit to the Secretary an annual report providing a detailed statement of its operations, activities, and accomplishments during that year. A corporation with

revenues in excess of $300,000 for any year shall obtain an audit

of the corporation for that year. A corporation with annual revenues between $10,000 and $300,000 shall obtain an independent

audit of the corporation at least once every three years. Any audit

under the preceding sentences shall be performed by an independent auditor. The corporation shall include the most recent

such audit in the corporation’s report to the Secretary for that year.

(c) Each member of the board of directors of a corporation established under this subchapter, each employee of such a corporation,

and each employee of the Department who is involved in the functions of the corporation during any year—

(1) shall be subject to Federal laws and regulations applicable to Federal employees with respect to conflicts of interest in

the performance of official functions; and

(2) shall submit to the Secretary a statement signed by the

executive director of the corporation certifying that each director and employee is aware of, and has complied with, such

laws and regulations in the same manner as Federal employees are required to.
§ 7368 CH. 73—VHA—ORGANIZATION AND FUNCTIONS 700

(d) The Secretary shall submit to the Committees on Veterans’

Affairs of the Senate and House of Representatives an annual report on the corporations established under this subchapter. The report shall set forth the following information:

(1) The location of each corporation.

(2) The amount received by each corporation during the previous year, including—

(A) the total amount received;

(B) the amount received from governmental entities for

research and the amount received from governmental entities for education;

(C) the amount received from all other sources for research and the amount received from all other sources for

education; and

(D) if an amount received from a source referred to in

subparagraph (C) exceeded $25,000, information that identifies the source.

(3) The amount expended by each corporation during the

year, including—

(A) the amount expended for salary for research staff,

the amount expended for salary for education staff, and

the amount expended for salary for support staff;

(B) the amount expended for direct support of research

and the amount expended for direct support of education;

and

(C) if the amount expended with respect to any payee exceeded $35,000, information that identifies the payee.

(4) The amount expended by each corporation during the

year for travel conducted in conjunction with research and the

amount expended for travel in conjunction with education.

(Added P.L. 100–322, § 204(a), May 20, 1988, 102 Stat. 511, § 4166; renumbered

§ 7366 and amended P.L. 102–40, §§ 401(a)(4)(B), 403(a)(1), (2), May 7, 1991, 105

Stat. 221, 239; P.L. 104–262, § 343(c)–(e), Oct. 9, 1996, 110 Stat. 3207; P.L. 106–

117, § 204(e), Nov. 30, 1999, 113 Stat. 1563; P.L. 107–103, § 509(f), Dec. 27, 2001,

115 Stat. 997.)

[§ 7367. Repealed. P.L. 107–14, § 8(a)(14)(A), June 5, 2001, 115

Stat. 35.]

§ 7368. Expiration of authority

No corporation may be established under this subchapter after

December 31, 2003.

(Added P.L. 100–322, § 204(a), May 20, 1988, 102 Stat. 512, § 4168; renumbered

§ 7368, P.L. 102–40, § 401(a)(4)(B), May 7, 1991, 105 Stat. 221; P.L. 102–291, § 3(b),

May 20, 1992, 106 Stat. 179; P.L. 104–262, § 343(a), Oct. 9, 1996, 110 Stat. 3207;

P.L. 106–419, § 402(f), Nov. 1, 2000, 114 Stat. 1863.)
(701)

CHAPTER 74—VETERANS HEALTH ADMINISTRATION— PERSONNEL

SUBCHAPTER I—APPOINTMENTS

Sec.

7401. Appointments in Veterans Health Administration.

7402. Qualifications of appointees.

7403. Period of appointments; promotions.

7404. Grades and pay scales.

7405. Temporary full-time appointments, part-time appointments, and withoutcompensation appointments.

7406. Residencies and internships.

7407. Administrative provisions for section 7405 and 7406 appointments.

7408. Appointment of additional employees.

7409. Contracts for scarce medical specialist services.

7410. Additional pay authorities.

7411. Full-time board-certified physicians and dentists: reimbursement of continuing professional education expenses.

SUBCHAPTER II—COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION

7421. Personnel administration: in general.

7422. Collective bargaining.

7423. Personnel administration: full-time employees.

7424. Travel expenses of certain employees.

7425. Employees: laws not applicable.

7426. Retirement rights.

SUBCHAPTER III—SPECIAL PAY FOR PHYSICIANS AND DENTISTS

7431. Special pay: authority.

7432. Special pay: written agreements.

7433. Special pay: full-time physicians.

7434. Special pay: part-time physicians.

7435. Special pay: full-time dentists.

7436. Special pay: part-time dentists.

7437. Special pay: general provisions.

7438. Special pay: coordination with other benefits laws.

7439. Periodic review of pay of physicians and dentists; quadrennial report.

7440. Annual report.

SUBCHAPTER IV—PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL

7451. Nurses and other health-care personnel: competitive pay.

7452. Nurses and other health-care personnel: administration of pay.

7453. Nurses: additional pay.

7454. Physician assistants and other health care professionals: additional pay.

7455. Increases in rates of basic pay.

7456. Nurses: special rules for weekend duty.

7457. On-call pay.

7458. Recruitment and retention bonus pay.

SUBCHAPTER V—DISCIPLINARY AND GRIEVANCE PROCEDURES

7461. Adverse actions: section 7401(1) employees.

7462. Major adverse actions involving professional conduct or competence.

7463. Other adverse actions.

7464. Disciplinary Appeals Boards.

SUBCHAPTER VI—REGIONAL MEDICAL EDUCATION CENTERS

7471. Designation of Regional Medical Education Centers.

7472. Supervision and staffing of Centers.
§ 7401 CH. 74—VHA—PERSONNEL 702

7473. Personnel eligible for training.

7474. Consultation.

SUBCHAPTER I—APPOINTMENTS

§ 7401. Appointments in Veterans Health Administration

There may be appointed by the Secretary such personnel as the

Secretary may find necessary for the medical care of veterans (in

addition to those in the Office of the Under Secretary for Health

appointed under section 7306 of this title), as follows:

(1) Physicians, dentists, podiatrists, optometrists, registered

nurses, physician assistants, and expanded-function dental

auxiliaries.

(2) Psychologists (other than those described in paragraph

(3)), dietitians, and other scientific and professional personnel,

such as microbiologists, chemists, biostatisticians, and medical

and dental technologists.

(3) Clinical or counseling psychologists who hold diplomas as

diplomates in psychology from an accrediting authority approved by the Secretary, certified or registered respiratory

therapists, licensed physical therapists, licensed practical or

vocational nurses, pharmacists, and occupational therapists.

(Added P.L. 102–40, § 401(b)(2), May 7, 1991, 105 Stat. 222; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

§ 7402. Qualifications of appointees

(a) To be eligible for appointment to the positions in the Administration covered by subsection (b), a person must—

(A) hold a master’s degree in social work from a college or

university approved by the Secretary; and

(B) be licensed or certified to independently practice social

work in a State, except that the Secretary may waive the requirement of licensure or certification for an individual social

worker for a reasonable period of time recommended by the

Under Secretary for Health.

(b)(1) PHYSICIAN.—To be eligible to be appointed to a physician

position, a person must—

(A) hold the degree of doctor of medicine or of doctor of osteopathy from a college or university approved by the Secretary,

(B) have completed an internship satisfactory to the Secretary, and

(C) be licensed to practice medicine, surgery, or osteopathy

in a State.

(2) DENTIST.—To be eligible to be appointed to a dentist position,

a person must—

(A) hold the degree of doctor of dental surgery or dental medicine from a college or university approved by the Secretary,

and

(B) be licensed to practice dentistry in a State.

(3) NURSE.—To be eligible to be appointed to a nurse position, a

person must—

(A) have successfully completed a full course of nursing in a

recognized school of nursing, approved by the Secretary, and

(B) be registered as a graduate nurse in a State.
703 CH. 74—VHA—PERSONNEL § 7402

(4) DIRECTOR OF A HOSPITAL, DOMICILIARY, CENTER, OR OUTPATIENT CLINIC.—To be eligible to be appointed to a director position, a person must have such business and administrative experience and qualifications as the Secretary shall prescribe.

(5) PODIATRIST.—To be eligible to be appointed to a podiatrist position, a person must—

(A) hold the degree of doctor of podiatric medicine, or its

equivalent, from a school of podiatric medicine approved by the

Secretary, and

(B) be licensed to practice podiatry in a State.

(6) OPTOMETRIST.—To be eligible to be appointed to an optometrist position, a person must—

(A) hold the degree of doctor of optometry, or its equivalent,

from a school of optometry approved by the Secretary, and

(B) be licensed to practice optometry in a State.

(7) PHARMACIST.—To be eligible to be appointed to a pharmacist

position, a person must—

(A) hold the degree of bachelor of science in pharmacy, or its

equivalent, from a school of pharmacy, approved by the Secretary, and

(B) be registered as a pharmacist in a State.

(8) PSYCHOLOGIST.—To be eligible to be appointed to a psychologist position, a person must—

(A) hold a doctoral degree in psychology from a college or

university approved by the Secretary,

(B) have completed study for such degree in a specialty area

of psychology and an internship which are satisfactory to the

Secretary, and

(C) be licensed or certified as a psychologist in a State, except that the Secretary may waive the requirement of licensure

or certification for an individual psychologist for a period not

to exceed two years on the condition that that psychologist provide patient care only under the direct supervision of a psychologist who is so licensed or certified.

(9) SOCIAL WORKER.—To be eligible to be appointed to a social

worker position, a person must—

(A) hold a master’s degree in social work from a college or

university approved by the Secretary; and

(B) be licensed or certified to independently practice social

work in a State, except that the Secretary may waive the requirement of licensure or certification for an individual social

worker for a reasonable period of time recommended by the

Under Secretary for Health.

(10) OTHER HEALTH-CARE POSITIONS.—To be appointed as a physician assistant, expanded-function dental auxiliary, certified or

registered respiratory therapist, licensed physical therapist, licensed practical or vocational nurse, occupational therapist, dietitian, microbiologist, chemist, biostatistician, medical technologist,

dental technologist, or other position, a person must have such

medical, dental, scientific, or technical qualifications as the Secretary shall prescribe.

(c) Except as provided in section 7407(a) of this title, a person

may not be appointed in the Administration to a position listed in
§ 7402 CH. 74—VHA—PERSONNEL 704

section 7401(1) of this title unless the person is a citizen of the

United States.

(d) A person may not be appointed under section 7401(1) of this

title to serve in the Administration in any direct patient-care capacity unless the Under Secretary for Health determines that the

person possesses such basic proficiency in spoken and written

English as will permit such degree of communication with patients

and other health-care personnel as will enable the person to carry

out the person’s health-care responsibilities satisfactorily. Any determination by the Under Secretary for Health under this subsection shall be in accordance with regulations which the Secretary

shall prescribe.

(e) A person may not serve as Chief of Staff of a Department

health-care facility if the person is not serving on a full-time basis.

(f ) A person may not be employed in a position under subsection

(b) (other than under paragraph (4) of that subsection) if—

(1) the person is or has been licensed, registered, or certified

(as applicable to such position) in more than one State; and

(2) either—

(A) any of those States has terminated such license, registration, or certification for cause; or

(B) the person has voluntarily relinquished such license,

registration, or certification in any of those States after

being notified in writing by that State of potential termination for cause.

(Added P.L. 102–40, § 401(b)(2), May 7, 1991, 105 Stat. 222; amended P.L. 102–86,

§ 305(a), Aug. 14, 1991, 105 Stat. 417; P.L. 102–405, § 302(c)(1), Oct. 9, 1992, 106

Stat. 1984; P.L. 106–117, § 209, Nov. 30, 1999, 113 Stat. 1569; P.L. 106–419, § 205,

Nov. 1, 2000, 114 Stat. 1842.)

§ 7403. Period of appointments; promotions

(a)(1) Appointments under this chapter of health-care professionals to whom this section applies may be made only after qualifications have been satisfactorily established in accordance with

regulations prescribed by the Secretary, without regard to civilservice requirements.

(2) This section applies to the following persons appointed under

this chapter:

(A) Physicians.

(B) Dentists.

(C) Podiatrists.

(D) Optometrists.

(E) Nurses.

(F) Physician assistants.

(G) Expanded-function dental auxiliaries.

(b)(1) Appointments described in subsection (a) shall be for a probationary period of two years.

(2) The record of each person serving under such an appointment

in the Medical, Dental, and Nursing Services shall be reviewed

from time to time by a board, appointed in accordance with regulations of the Secretary. If such a board finds that such person is not

fully qualified and satisfactory, such person shall be separated

from the service.
705 CH. 74—VHA—PERSONNEL § 7403

(c) Promotions of persons to whom this section applies shall be

made only after examination given in accordance with regulations

prescribed by the Secretary. Advancement within grade may be

made in increments of the minimum rate of basic pay of the grade

in accordance with regulations prescribed by the Secretary.

(d) In determining eligibility for reinstatement in the Federal

civil service of persons appointed to positions in the Administration

under this chapter who at the time of appointment have a civilservice status, and whose employment in the Administration is terminated, the period of service performed in the Administration

shall be included in computing the period of service under applicable civil-service rules and regulations.

(e) In accordance with regulations prescribed by the Secretary,

the grade and annual rate of basic pay of a person to whom this

section applies whose level of assignment is changed from a level

of assignment in which the grade level is based on both the nature

of the assignment and personal qualifications may be adjusted to

the grade and annual rate of basic pay otherwise appropriate.

(f)(1) Upon the recommendation of the Under Secretary for

Health, the Secretary may—

(A) use the authority in subsection (a) to establish the qualifications for and (subject to paragraph (2)) to appoint individuals to positions listed in section 7401(3) of this title; and

(B) use the authority provided in subsection (c) for the promotion and advancement of Department employees serving in

such positions.

(2) In using such authority to appoint individuals to such positions, the Secretary shall apply the principles of preference for the

hiring of veterans and other persons established in subchapter I of

chapter 33 of title 5.

(3) Notwithstanding any other provision of this title or other law,

all matters relating to adverse actions, disciplinary actions, and

grievance procedures involving individuals appointed to such positions (including similar actions and procedures involving an employee in a probationary status) shall be resolved under the provisions of title 5 as though such individuals had been appointed

under that title.

(g)(1) The Secretary may appoint in the competitive civil service

without regard to the provisions of subchapter I of chapter 33 of

title 5 (other than sections 3303 and 3328 of such title) an individual who—

(A) has a recognized degree or certificate from an accredited

institution in a health-care profession or occupation; and

(B) has successfully completed a clinical education program

affiliated with the Department.

(2) In using the authority provided by this subsection, the Secretary shall apply the principles of preference for the hiring of veterans and other persons established in subchapter I of chapter 33

of title 5.

(Added P.L. 102–40, § 401(b)(2), May 7, 1991, 105 Stat. 224; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)
§ 7404 CH. 74—VHA—PERSONNEL 706

§ 7404. Grades and pay scales

(a) The annual rates or ranges of rates of basic pay for positions

provided in section 7306 of this title shall be prescribed from time

to time by Executive order as authorized by chapter 53 of title 5

or as otherwise authorized by law.

(b)(1) The grades for positions provided for in paragraph (1) of

section 7401 of this title shall be as follows. The annual ranges of

rates of basic pay for those grades shall be prescribed from time

to time by Executive order as authorized by chapter 53 of title 5

or as otherwise authorized by law:

PHYSICIAN AND DENTIST SCHEDULE

Director grade.

Executive grade.

Chief grade.

Senior grade.

Intermediate grade.

Full grade.

Associate grade.

NURSE SCHEDULE

Nurse V.

Nurse IV.

Nurse III.

Nurse II.

Nurse I.

CLINICAL PODIATRIST AND OPTOMETRIST SCHEDULE

Chief grade.

Senior grade.

Intermediate grade.

Full grade.

Associate grade.

(2) A person may not hold the director grade in the Physician

and Dentist Schedule unless the person is serving as a director of

a hospital, domiciliary, center, or outpatient clinic (independent), or

comparable position. A person may not hold the executive grade in

that Schedule unless the person holds the position of chief of staff

at a hospital, center, or outpatient clinic (independent), or comparable position.

(c) Notwithstanding the provisions of section 7425(a) of this title,

a person appointed under section 7306 of this title who is not eligible for special pay under subchapter III shall be deemed to be a

career appointee for the purposes of sections 4507 and 5384 of title

5.

(d) Except as provided under subchapter III and in section 7457

of this title, pay may not be paid at a rate in excess of the rate

of basic pay for an appropriate level authorized by section 5315 or

5316 of title 5 for positions in the Executive Schedule, as follows:

(1) Level IV for the Deputy Under Secretary for Health.
707 CH. 74—VHA—PERSONNEL § 7405

(2) Level V for all other positions for which such basic pay

is paid under this section.

(Added P.L. 102–40, § 401(b)(2), May 7, 1991, 105 Stat. 225; amended P.L. 102–405,

§ 206, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 102–585, § 301(a), Nov. 4, 1992,

106 Stat. 4951.)

§ 7405. Temporary full-time appointments, part-time appointments, and without-compensation appointments

(a) The Secretary, upon the recommendation of the Under Secretary for Health, may employ, without regard to civil service or

classification laws, rules, or regulations, personnel as follows:

(1) On a temporary full-time basis, part-time basis, or without compensation basis, persons in the following positions:

(A) Positions listed in section 7401(1) of this title.

(B) Certified or registered respiratory therapists, licensed physical therapists, licensed practical or vocational

nurses, pharmacists, and occupational therapists.

(C) Dietitians, social workers, and librarians.

(D) Other professional, clerical, technical, and unskilled

personnel (including interns, residents, trainees, and students in medical support programs).

(2) On a fee basis, persons in the following positions:

(A) Positions listed in section 7401(1) of this title.

(B) Certified or registered respiratory therapists, licensed physical therapists, licensed practical or vocational

nurses, pharmacists, and occupational therapists.

(C) Other professional and technical personnel.

(b) Personnel employed under subsection (a)—

(1) shall be in addition to personnel described in section

7306, paragraphs (1) and (3) of section 7401, and section 7408

of this title; and

(2) shall be paid such rates of pay as the Secretary may prescribe.

(c)(1) Temporary full-time appointments under this section of

persons in positions listed in section 7401(1) of this title may be for

a period in excess of 90 days only if the Under Secretary for Health

finds that circumstances render it impracticable to obtain the necessary services through appointments under that section.

(2) A temporary full-time appointment may not be made for a period in excess of two years in the case of a person who—

(A) has successfully completed—

(i) a full course of nursing in a recognized school of nursing, approved by the Secretary; or

(ii) a full course of training for any category of personnel

described in paragraph (3) of section 7401 of this title, or

as a physician assistant, in a recognized education or

training institution approved by the Secretary; and

(B) is pending registration or licensure in a State or certification by a national board recognized by the Secretary.

(3)(A) Temporary full-time appointments of persons in positions

referred to in subsection (a)(1)(D) shall not exceed three years.
§ 7405 CH. 74—VHA—PERSONNEL 708

(B) Temporary full-time appointments under this paragraph may

be renewed for one or more additional periods not in excess of three

years each.

(4) Temporary full-time appointments of other personnel may not

be for a period in excess of one year except as authorized in subsection (f).

(d) A part-time appointment may not be for a period of more

than one year, except for appointments of persons specified in subsection (a)(1)(A) and interns, residents, and other trainees in medical support programs and except as authorized in subsection (f).

(e) A student who has a temporary appointment under this section and who is pursuing a full course of nursing in a recognized

school of nursing approved by the Secretary, or who is pursuing a

full course of training for any category of personnel described in

paragraph (3) of section 7401 of this title in a recognized education

or training institution approved by the Secretary, may be reappointed for a period not to exceed the duration of the student’s

academic program.

(f) During any period during which the Secretary is exercising

the authority provided in subsections (a) and (f)(1) of section 7403

of this title in connection with the appointment, under paragraph

(3) of section 7401 of this title, of personnel in a category of personnel described in such paragraph—

(1) the Secretary may make temporary full-time appointments of personnel in such category for periods exceeding 90

days if the Under Secretary for Health finds that circumstances render it impractical to obtain the necessary services through appointments under paragraph (3) of section 7401

of this title; and

(2) part-time appointments of personnel in such category

may be for periods of more than one year.

(Added P.L. 102–40, § 401(b)(2), May 7, 1991, 105 Stat. 226; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 106–419, § 204, Nov. 1, 2000, 114 Stat.

1842.)

§ 7406. Residencies and internships

(a)(1) The Secretary may establish residencies and internships.

The Secretary may appoint qualified persons to such positions

without regard to civil service or classification laws, rules, or regulations.

(2) For the purposes of this section:

(A) The term ‘‘internship’’ includes the equivalency of an internship as determined in accordance with regulations which

the Secretary shall prescribe.

(B) The term ‘‘intern’’ means a person serving an internship.

(b) The Secretary may prescribe the conditions of employment of

persons appointed under this section, including necessary training,

and the customary amount and terms of pay for such positions during the period of such employment and training. The amount and

terms of such pay may be established retroactively based on

changes in such customary amount and terms.

(c)(1) In order to carry out more efficiently the provisions of subsection (a)(1), the Secretary may contract with one or more hospitals, medical schools, or medical installations having hospital fa-
709 CH. 74—VHA—PERSONNEL § 7406

cilities and participating with the Department in the training of interns or residents to provide, by the designation of one such institution to serve as a central administrative agency, for the central

administration— (A) of stipend payments;

(B) provision of fringe benefits; and

(C) maintenance of records for such interns and residents.

(2) The Secretary may pay to such designated agency, without regard to any other law or regulation governing the expenditure of

Government moneys either in advance or in arrears, an amount to

cover the cost for the period such intern or resident serves in a Department facility furnishing hospital care or medical services of— (A) stipends fixed by the Secretary pursuant to paragraph

(1);

(B) hospitalization, medical care, and life insurance and any

other employee benefits as are agreed upon by the participating institutions for the period that such intern or resident

serves in a Department facility furnishing hospital care or

medical services;

(C) tax on employers pursuant to chapter 21 of the Internal

Revenue Code of 1986, where applicable; and

(D) an amount to cover a pro rata share of the cost of expense of such central administrative agency.

(3)(A) Any amounts paid by the Secretary to such central administrative agency to cover the cost of hospitalization, medical care,

or life insurance or other employee benefits shall be in lieu of any

benefits of like nature to which such intern or resident may be entitled under the provisions of title 5, and the acceptance of stipends

and employee benefits from the designated central administrative

agency shall constitute a waiver by the recipient of any claim such

recipient might have to any payment of stipends or employee benefits to which such recipient may be entitled under this title or title

5.

(B) Notwithstanding subparagraph (A), any period of service of

any such intern or resident in a Department facility furnishing

hospital care or medical services shall be deemed creditable service

for the purposes of section 8332 of title 5.

(4) The agreement with such central administrative agency may

further provide that the designated central administrative agency

shall—

(A) make all appropriate deductions from the stipend of each

intern and resident for local, State, and Federal taxes;

(B) maintain all records pertinent to such deductions and

make proper deposits of such deductions; and

(C) maintain all records pertinent to the leave accrued by

such intern and resident for the period during which such recipient serves in a participating facility, including a Department facility furnishing hospital care or medical services.

(5) Leave described in paragraph (4)(C) may be pooled, and the

intern or resident may be afforded leave by the facility in which

such person is serving at the time the leave is to be used to the

extent of such person’s total accumulated leave, whether or not

earned at the facility in which such person is serving at the time

the leave is to be afforded.
§ 7406 CH. 74—VHA—PERSONNEL 710

(Added P.L. 102–40, § 401(b)(2), May 7, 1991, 105 Stat. 227; amended P.L. 104–262,

§ 345, Oct. 9, 1996, 110 Stat. 3208.)

§ 7407. Administrative provisions for section 7405 and 7406

appointments

(a) When the Under Secretary for Health determines that it is

not possible to recruit qualified citizens for the necessary services,

appointments under sections 7405 and 7406 of this title may be

made without regard to the citizenship requirements of section

7402(c) of this title or of any other law prohibiting the employment

of, or payment of compensation to, a person who is not a citizen

of the United States.

(b)(1) Subject to paragraph (2), the Under Secretary for Health

may waive for the purpose of the appointment of an individual

under section 7405 or 7406 of this title the requirements set forth

in section 7402(b) of this title—

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

(B) that the licensure or certification of such an individual

be in a State; and

(C) that a psychologist have completed an internship.

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

(A) in the case of clauses (A) and (C) of such paragraph, if

the individual (i) will be employed to conduct research or serve

in an academic position, and (ii) will have no responsibility for

furnishing direct patient care services; and

(B) in the case of clause (B) of such paragraph, if the individual will be employed to serve in a country other than the

United States and the individual’s licensure or registration is

in the country in which the individual is to serve.

(c) The program of training prescribed by the Secretary in order

to qualify a person for the position of full-time physician assistant

or expanded-function dental auxiliary shall be considered a fulltime institutional program for purposes of chapter 34 of this title.

The Secretary may consider training for such a position to be on

a less than full-time basis for purposes of such chapter when the

combined classroom (and other formal instruction) portion of the

program and the on-the-job training portion of the program total

less than 30 hours per week.

(d) A person may not be appointed under section 7405 or 7406

of this title to an occupational category described in section 7401(1)

of this title or in section 7406 of this title unless the person meets

the requirements established in section 7402(d) of this title and

regulations prescribed under that section.

(e) In accordance with the provisions of section 7425(b) of this

title, the provisions of chapter 34 of title 5 pertaining to part-time

career employment shall not apply to part-time appointments

under sections 7405 and 7406 of this title.

(Added P.L. 102–40, § 401(b)(2), May 7, 1991, 105 Stat. 228; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)
711 CH. 74—VHA—PERSONNEL § 7411

§ 7408. Appointment of additional employees

(a) There shall be appointed by the Secretary under civil service

laws, rules, and regulations, such additional employees, other than

those provided in section 7306 and paragraphs (1) and (3) of section

7401 of this title and those specified in sections 7405 and 7406 of

this title, as may be necessary to carry out the provisions of this

chapter.

(b) The Secretary, after considering an individual’s existing pay,

higher or unique qualifications, or the special needs of the Department, may appoint the individual to a position in the Administration providing direct patient-care services or services incident to direct patient-services at a rate of pay above the minimum rate of

the appropriate grade.

(Added P.L. 102–40, § 401(b)(2), May 7, 1991, 105 Stat. 229; amended P.L. 103–446,

§ 1201(e)(21), Nov. 2, 1994, 108 Stat. 4686.)

§ 7409. Contracts for scarce medical specialist services

(a) The Secretary may enter into contracts with institutions and

persons described in subsection (b) to provide scarce medical specialist services at Department facilities. Such services may include

the services of physicians, dentists, podiatrists, optometrists,

nurses, physician assistants, expanded-function dental auxiliaries,

technicians, and other medical support personnel.

(b) Institutions and persons with whom the Secretary may enter

into contracts under subsection (a) are the following:

(1) Schools and colleges of medicine, osteopathy, dentistry,

podiatry, optometry, and nursing.

(2) Clinics.

(3) Any other group or individual capable of furnishing such

scarce medical specialist services.

(Added P.L. 102–40, § 401(b)(2), May 7, 1991, 105 Stat. 229.)

§ 7410. Additional pay authorities

The Secretary may authorize the Under Secretary for Health to

pay advance payments, recruitment or relocation bonuses, and retention allowances to the personnel described in paragraph (1) of

section 7401 of this title, or interview expenses to candidates for

appointment as such personnel, in the same manner, and subject

to the same limitations, as in the case of the authority provided

under sections 5524a, 5706b, 5753, and 5754 of title 5.

(Added P.L. 102–40, § 103(a)[(1)], May 7, 1991, 105 Stat. 198; amended P.L. 102–

405, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

§ 7411. Full-time board-certified physicians and dentists: reimbursement of continuing professional education

expenses

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

education.

(Added P.L. 102–40, § 103(a)[(1)], May 7, 1991, 105 Stat. 199.)
§ 7421 CH. 74—VHA—PERSONNEL 712

SUBCHAPTER II—COLLECTIVE BARGAINING AND

PERSONNEL ADMINISTRATION

§ 7421. Personnel administration: in general

(a) Notwithstanding any law, Executive order, or regulation, the

Secretary shall prescribe by regulation the hours and conditions of

employment and leaves of absence of employees appointed under

any provision of this chapter in positions in the Veterans Health

Administration listed in subsection (b).

(b) Subsection (a) refers to the following positions:

(1) Physicians.

(2) Dentists.

(3) Podiatrists.

(4) Optometrists.

(5) Registered nurses.

(6) Physician assistants.

(7) Expanded-duty dental auxiliaries.

(Added P.L. 102–40, § 202, May 7, 1991, 105 Stat. 200.)

§ 7422. Collective bargaining

(a) Except as otherwise specifically provided in this title, the authority of the Secretary to prescribe regulations under section 7421

of this title is subject to the right of Federal employees to engage

in collective bargaining with respect to conditions of employment

through representatives chosen by them in accordance with chapter

71 of title 5 (relating to labor-management relations).

(b) Such collective bargaining (and any grievance procedures provided under a collective bargaining agreement) in the case of employees described in section 7421(b) of this title may not cover, or

have any applicability to, any matter or question concerning or

arising out of (1) professional conduct or competence, (2) peer review, or (3) the establishment, determination, or adjustment of employee compensation under this title.

(c) For purposes of this section, the term ‘‘professional conduct or

competence’’ means any of the following:

(1) Direct patient care.

(2) Clinical competence.

(d) An issue of whether a matter or question concerns or arises

out of (1) professional conduct or competence, (2) peer review, or (3)

the establishment, determination, or adjustment of employee compensation under this title shall be decided by the Secretary and is

not itself subject to collective bargaining and may not be reviewed

by any other agency.

(e) A petition for judicial review or petition for enforcement

under section 7123 of title 5 in any case involving employees described in section 7421(b) of this title or arising out of the applicability of chapter 71 of title 5 to employees in those positions, shall

be taken only in the United States Court of Appeals for the District

of Columbia Circuit.

(Added P.L. 102–40, § 202, May 7, 1991, 105 Stat. 200.)
713 CH. 74—VHA—PERSONNEL § 7423

§ 7423. Personnel administration: full-time employees

(a) The hours of employment in carrying out responsibilities

under this title of any employee who is appointed in the Administration under any provision of this chapter on a full-time basis in

a position listed in section 7421(b) of this title (other than an intern or resident appointed pursuant to section 7406 of this title)

and who accepts responsibilities for carrying out professional services for remuneration other than those assigned under this title

shall consist of not less than 80 hours in a biweekly pay period (as

that term is used in section 5504 of title 5).

(b) A person covered by subsection (a) may not do any of the following:

(1) Teach or provide consultative services at any affiliated institution if such teaching or consultation will, because of its nature or duration, conflict with such person’s responsibilities

under this title.

(2) Accept payment under any insurance or assistance program established under title XVIII or XIX of the Social Security Act or under chapter 55 of title 10 for professional services

rendered by such person while carrying out such person’s responsibilities under this title.

(3) Accept from any source, with respect to any travel performed by such person in the course of carrying out such person’s responsibilities under this title, any payment or per diem

for such travel, other than as provided for in section 4111 of

title 5.

(4) Request or permit any individual or organization to pay,

on such person’s behalf for insurance insuring such person

against malpractice claims arising in the course of carrying out

such person’s responsibilities under this title or for such person’s dues or similar fees for membership in medical or dental

societies or related professional associations, except where such

payments constitute a part of such person’s remuneration for

the performance of professional responsibilities permitted

under this section, other than those carried out under this

title.

(5) Perform, in the course of carrying out such person’s responsibilities under this title, professional services for the purpose of generating money for any fund or account which is

maintained by an affiliated institution for the benefit of such

institution, or for such person’s personal benefit, or both.

(c) In the case of any fund or account described in subsection

(b)(5) that was established before September 1, 1973— (1) the affiliated institution shall submit semiannually an accounting to the Secretary and to the Comptroller General of

the United States with respect to such fund or account and

shall maintain such fund or account subject to full public disclosure and audit by the Secretary and the Comptroller General for a period of three years or for such longer period as the

Secretary shall prescribe, and

(2) no person in a position specified in paragraph (1)(B) may

receive any cash from amounts deposited in such fund or account derived from services performed before that date.
§ 7423 CH. 74—VHA—PERSONNEL 714

(d) As used in this section:

(1) The term ‘‘affiliated institution’’ means a medical school

or other institution of higher learning with which the Secretary

has a contract or agreement as referred to in section 7313 of

this title for the training or education of health personnel.

(2) The term ‘‘remuneration’’ means the receipt of any

amount of monetary benefit from any non-Department source

in payment for carrying out any professional responsibilities.

(e)(1) The Secretary shall establish a leave transfer program for

the benefit of health-care professionals in positions listed in section

7401(1) of this title. The Secretary may also establish a leave bank

program for the benefit of such health-care professionals.

(2) To the maximum extent feasible—

(A) the leave transfer program shall provide the same or

similar requirements and conditions as are provided for the

program established by the Director of the Office of Personnel

Management under subchapter III of chapter 63 of title 5; and

(B) any leave bank program established pursuant to paragraph (1) shall be consistent with the requirements and conditions provided for agency leave bank programs in subchapter

IV of such chapter.

(3) Participation by a health-care professional in the leave transfer program established pursuant to paragraph (1), and in any

leave bank program established pursuant to such paragraph, shall

be voluntary. The Secretary may not require any health-care professional to participate in such a program.

(4)(A) The Secretary and the Director of the Office of Personnel

Management may enter into an agreement that permits healthcare professionals referred to in paragraph (1) to participate in the

leave transfer program established by the Director of the Office of

Personnel Management under subchapter III of chapter 63 of title

5 or in any leave bank program established for other employees of

the Department pursuant to subchapter IV of chapter 63 of title 5,

or both.

(B) Participation of such health-care professionals in a leave

transfer program or a leave bank program pursuant to an agreement entered into under subparagraph (A) shall be subject to such

requirements and conditions as may be prescribed in such agreement.

(5) The Secretary is not required to establish a leave transfer

program for any personnel permitted to participate in a leave

transfer program pursuant to an agreement referred to in paragraph (4).

(f) The Secretary may purchase promotional items of nominal

value for use in the recruitment of individuals for employment

under this chapter. The Secretary shall prescribe guidelines for the

administration of the preceding sentence.

(Added and amended P.L. 102–40, § 202, § 401(b)(3)(A), May 7, 1991, 105 Stat. 201,

230; P.L. 102–405, § 203, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1983, 1984; P.L. 104–

262, § 347, Oct. 9, 1996, 110 Stat. 3208.)

§ 7424. Travel expenses of certain employees

(a) The Secretary may pay the expenses (other than membership

fees) of persons described in sections 7306 and 7401(1) of this title
715 CH. 74—VHA—PERSONNEL § 7426

(including persons in positions described in section 7401(1) of this

title who are appointed on a temporary full-time basis or a parttime basis under section 7405 of this title) who are detailed by the

Under Secretary for Health to attend meetings of associations for

the promotion of medical and related science.

(b)(1) The Secretary may prescribe regulations establishing conditions under which officers and employees of the Administration

who are nationally recognized principal investigators in medical research may be permitted to accept payment, in cash or in kind,

from non-Federal agencies, organizations, and individuals for travel

and such reasonable subsistence expenses as are approved by the

Secretary pursuant to such regulations—

(A) in connection with their attendance at meetings or in

performing advisory services concerned with the functions or

activities of the Department; or

(B) in connection with acceptance of significant awards or

with activity related thereto concerned with functions or activities of the Department.

(2) Any such payment may be retained by such officers and employees to cover the cost of such expenses or shall be deposited to

the credit of the appropriation from which the cost of such expenses is paid, as may be provided in such regulations.

(Added P.L. 102–40, § 401(b)(3)(B), May 7, 1991, 105 Stat. 230; amended P.L. 102–

405, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

§ 7425. Employees: laws not applicable

(a) Physicians, dentists, nurses, and other health-care professionals employed by the Administration and appointed under section 7306, 7401(1), 7405, or 7406 of this chapter are not subject to

the following provisions of law:

(1) Section 413 of the Civil Service Reform Act of 1978.

(2) Subchapter II of chapter 31 of title 5.

(3) Subchapter VIII of chapter 33 of title 5.

(4) Subchapter V of chapter 35 of title 5.

(5) Subchapter II of chapter 43 of title 5.

(6) Section 4507 of title 5.

(7) Subchapter VIII of chapter 53 of title 5.

(8) Subchapter V of chapter 75 of title 5.

(b) Notwithstanding any other provision of law, no provision of

title 5 or any other law pertaining to the civil service system which

is inconsistent with any provision of section 7306 of this title or

this chapter shall be considered to supersede, override, or otherwise modify such provision of that section or this chapter except to

the extent that such provision of title 5 or of such other law specifically provides, by specific reference to a provision of this chapter,

or such provision to be superseded, overridden, or otherwise modified.

(Added P.L. 102–40, § 401(b)(3)(B), May 7, 1991, 105 Stat. 231.)

§ 7426. Retirement rights

(a) Except as provided in subsection (b), persons appointed to the

Administration shall be subject to the provisions of and entitled to
§ 7426 CH. 74—VHA—PERSONNEL 716

benefits under subchapter III of chapter 83 of title 5 or subchapter

II of chapter 84 of title 5, whichever is applicable.

(b)(1) In computing the annuity under subchapter III of chapter

83, or subchapter II of chapter 84, of title 5 of an individual who

retires under such subchapter (other than under section 8337 or

8451 of such title) after December 31, 1981, and who served at any

time on a less-than-full-time basis in a position in the Administration to which such individual was appointed under subchapter I—

(A) for the purpose of determining such individual’s average

pay, as defined by section 8331(4) or 8401(3) of title 5, whichever is applicable, the annual rate of basic pay for full-time

service shall be deemed to be such individual’s rate of basic

pay; and

(B) the amount of such individual’s annuity as computed

under section 8339 or 8415 of title 5 (before application of any

reduction required by subsection (i) of section 8339) shall be

multiplied by the fraction equal to the ratio that that individual’s total full-time equivalent service bears to that individual’s

creditable service as determined under section 8332 or 8411 of

title 5, whichever is applicable.

(2) For the purposes of paragraph (1)(B), an individual’s full-time

equivalent service is the individual’s creditable service as determined under section 8332 or 8411 of title 5, whichever is applicable, except that any period of service of such individual served on

a less-than-full-time basis shall be prorated based on the fraction

such service bears to full-time service. For the purposes of the preceding sentence, full-time service shall be considered to be 80 hours

of service per biweekly pay period.

(3) A survivor annuity computed under section 8341, or subchapter IV of chapter 84, of title 5 based on the service of an individual described in paragraph (1) shall be computed based upon

such individual’s annuity as determined in accordance with such

paragraph.

(c) The provisions of subsection (b) shall not apply to the parttime service before April 7, 1986, of a registered nurse, physician

assistant, or expanded-function dental auxiliary. In computing the

annuity under the applicable provision of law specified in that subsection of an individual covered by the preceding sentence, the

service described in that sentence shall be credited as full-time

service.

(Added P.L. 102–40, § 401(b)(3)(B), May 7, 1991, 105 Stat. 231; amended P.L. 102–

585, § 522, Nov. 4, 1992, 106 Stat. 4959; P.L. 106–398, § 1[1087(g)(5)], Oct. 30, 2000,

114 Stat. 1654, 1654A–294; P.L. 107–135, § 132, Jan. 23, 2002, 115 Stat. 2454.)

SUBCHAPTER III—SPECIAL PAY FOR PHYSICIANS AND

DENTISTS

§ 7431. Special pay: authority

(a) In order to recruit and retain highly qualified physicians and

dentists in the Veterans Health Administration, the Secretary shall

provide special pay under this subchapter. Such special pay shall

be provided under regulations that the Secretary shall prescribe to

carry out this subchapter. Before prescribing regulations under this
717 CH. 74—VHA—PERSONNEL § 7431

subchapter, the Secretary shall receive the recommendations of the

Under Secretary for Health with respect to those regulations.

(b) Special pay may be paid to a physician or dentist under this

subchapter only upon the execution of, and for the duration of, a

written agreement entered into by the physician or dentist in accordance with section 7432 of this title.

(c) A physician or dentist serving a period of obligated service

pursuant to chapter 76 of this title is not eligible for special pay

under this subchapter during the first three years of such obligated

service, except that, at the discretion of the Secretary and upon the

recommendation of the Under Secretary for Health, such a physician or dentist may be paid special pay for full-time status during

those three years.

(d)(1) The Secretary may determine categories of positions applicable to either physicians or dentists, or both, in the Veterans

Health Administration as to which there is no significant recruitment and retention problem. While any such determination is in effect, the Secretary may not enter into an agreement under this

subchapter with a physician or dentist serving in a position covered

by the determination. Before making a determination under this

paragraph, the Secretary shall receive the recommendations of the

Under Secretary for Health with respect to the determination.

(2) Not later than one year after making any such determination

with respect to a category of positions, and each year thereafter

that such determination remains in effect, the Secretary shall

make a redetermination.

(3) Any determination under this subsection shall be in accordance with regulations prescribed to carry out this subchapter.

(e) If the Under Secretary for Health determines that payment

of special pay to a physician or dentist who is employed on a less

than half-time basis is the most cost-effective way available for providing needed medical or dental specialist services at a Department

facility, the Under Secretary for Health may authorize the payment

of special pay for factors other than for full-time status to that physician or dentist at a rate computed on the basis of the proportion

that the part-time employment of the physician or dentist bears to

full-time employment.

(f) Special pay may not be paid under this section to a physician

or dentist who— (1) is employed on less than a quarter-time basis or on an

intermittent basis;

(2) occupies an internship or residency training position; or

(3) is a reemployed annuitant.

(g)(1) In the case of a physician or dentist who is employed in

a position that is covered by a determination by the Secretary

under subsection (d)(1) that the Administration does not have a

significant recruitment or retention problem with respect to a particular category of positions and who on the day before the effective

date of this subchapter was receiving special pay under an agreement entered into under section 4118 of this title (as in effect before such date), the Secretary may pay to that physician or dentist,

in addition to basic pay, retention pay under this subsection.

(2) The annual rate of such retention pay for any individual may

not exceed the rate which, when added to the rate of basic pay pay-
§ 7431 CH. 74—VHA—PERSONNEL 718

able to that individual, is equal to the sum of the annual rate of

basic pay and the annual rate of special pay paid to that physician

or dentist pursuant to the final agreement with that individual

under such section 4118.

(3) Such retention pay shall be treated for all purposes as special

pay paid under subchapter III of chapter 74 of this title.

(4) Retention pay under this subsection shall be paid under such

regulations as the Secretary may prescribe.

(Added P.L. 102–40, § 102, May 7, 1991, 105 Stat. 188; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

§ 7432. Special pay: written agreements

(a) An agreement entered into by a physician or dentist under

this subchapter shall cover a period of one year of service in the

Veterans Health Administration unless the physician or dentist

agrees to an agreement for a longer period of service, not to exceed

four years, as specified in the agreement. A physician or dentist

who has previously entered into such an agreement is eligible to

enter into a subsequent agreement unless the physician or dentist

has failed to refund to the United States any amount which the

physician or dentist is obligated to refund under any such previous

agreement.

(b)(1) An agreement under this subchapter shall provide that, if

the physician or dentist entering into the agreement voluntarily, or

because of misconduct, fails to complete any of the years of service

covered by the agreement (measured from the anniversary date of

the agreement), the physician or dentist shall refund an amount of

special pay received under the agreement for that year equal to— (A) in the case of a failure during the first year of service

under the agreement, 100 percent of the amount received for

that year;

(B) in the case of a failure during the second year of service

under the agreement, 75 percent of the amount received for

that year;

(C) in the case of a failure during the third year of service

under the agreement, 50 percent of the amount received for

that year; and

(D) in the case of a failure during the fourth year of service

under the agreement, 25 percent of the amount received for

that year.

(2)(A) The Secretary may waive (in whole or in part) the requirement for a refund under paragraph (1) in any case if the Secretary

determines (in accordance with regulations prescribed under section 7431(a) of this title) that the failure to complete such period

of service is the result of circumstances beyond the control of the

physician or dentist.

(B) The Secretary may suspend a special pay agreement entered

into under this section in the case of a physician or dentist who,

having entered into the special pay agreement, enters a residency

training program. Any such suspension shall terminate when the

physician or dentist completes, withdraws from, or is no longer a

participant in the program. During the period of such a suspension,

the physician or dentist is not subject to the provisions of paragraph (1).
719 CH. 74—VHA—PERSONNEL § 7432

(3) Any such agreement shall specify the terms under which the

Department and the physician or dentist may elect to terminate

the agreement.

(c)(1) If a proposed agreement under this subchapter will provide

a total annual amount of special pay to be provided to a physician

or dentist who has previously entered into an agreement under this

subchapter (or under section 4118 of this title as in effect before

the effective date of the Department of Veterans Affairs Physician

and Dentist Recruitment and Retention Act of 1991) that will exceed the previous annual amount of special pay provided for the

physician or dentist by more than 50 percent (other than in the

case of a physician or dentist employed in an executive position in

the Central Office of the Department), or that will be less than the

previous annual amount of special pay provided for the physician

or dentist by more than 25 percent, the proposed agreement shall

be promptly submitted to the Secretary. The proposed agreement

shall not take effect if it is disapproved by the Secretary within 60

days after the date on which the physician or dentist entered into

the proposed agreement.

(2) For purposes of paragraph (1), the previous annual amount

of special pay provided for a physician or dentist is the total annual

amount of special pay provided, or to be provided, to the physician

or dentist for the most recent year covered by an agreement entered into by the physician or dentist under this subchapter or

under section 4118 of this title. In the case of an agreement entered into under section 4118 of this title, incentive pay shall be

treated as special pay for purposes of this paragraph.

(3) The Secretary shall adjust special pay as necessary for purposes of this subsection to reflect appropriately any change in the

status of a physician or dentist (A) from full-time status to parttime status, (B) from part-time status to full-time status, or (C)

from one proportion of time spent as a Department employee under

part-time status employment to a different proportion.

(d)(1) If a proposed agreement under this subchapter (other than

an agreement in the case of the Under Secretary for Health) will

provide a total annual amount of special pay to be provided to a

physician or dentist which, when added to the amount of basic pay

of the physician or dentist, will be in excess of the amount payable

for positions specified in section 5312 of title 5, the proposed agreement shall be promptly submitted for approval to the Secretary

through the Under Secretary for Health. The agreement shall take

effect at the end of the 60-day period beginning on the date on

which the physician or dentist entered into the proposed agreement

if it is neither approved nor disapproved within that 60-day period.

If the agreement is approved within that period, the agreement

shall take effect as of the date of the approval. A proposed agreement may be disapproved under this paragraph only if it is determined that the amounts of special pay proposed to be paid are not

necessary to recruit or retain the physician or dentist.

(2) A proposed agreement under this subchapter with the Under

Secretary for Health may provide for payment of special pay for

which the Under Secretary for Health is eligible under this subchapter (other than that specified in section 7433(b)(4)(B) of this

title) only to the extent specifically approved by the Secretary.
§ 7432 CH. 74—VHA—PERSONNEL 720

(3) The Secretary shall include in the annual report required by

section 7440 of this title—

(A) a statement of the number of agreements entered into

during the period covered by the report under which the total

amount of special pay to be provided, when added to the

amount of basic pay of the physician or dentist, will be in excess of the amount payable for positions specified in section

5312 of title 5;

(B) a statement of the number of proposed agreements which

during the period covered by the report were disapproved

under this subsection; and

(C) a detailed explanation of the basis for disapproval of each

such proposed agreement which was disapproved under this

subsection.

(4) This subsection does not apply to any proposed agreement entered into after September 30, 1994.

(Added P.L. 102–40, § 102, May 7, 1991, 105 Stat. 189; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 104–262, § 346, Oct. 9, 1996, 110 Stat.

3208.)

§ 7433. Special pay: full-time physicians

(a) The Secretary shall provide special pay under this subchapter

to eligible physicians employed on a full-time basis based upon the

factors, and at the annual rates, specified in subsection (b).

(b) The special pay factors, and the annual rates, applicable to

full-time physicians are as follows:

(1) For full-time status, $9,000.

(2)(A) For length of service as a physician within the Veterans Health Administration—

Length of Service

Rate

MinimumMaximum

2 years but less than 4 years ............................................. $4,000 $6,000

4 years but less than 8 years ............................................. 6,000 12,000

8 years but less than 12 years ........................................... 12,000 18,000

12 years or more .................................................................. 12,000 25,000

(B) The Under Secretary for Health shall specify a uniform

national rate for each range of years of service established by

or under this paragraph. The Under Secretary for Health may,

as to length of service in excess of 12 years, establish uniform

national rates for such ranges of years of service as the Under

Secretary for Health considers appropriate.

(3)(A) For service in a medical specialty with respect to

which there are extraordinary difficulties (on a nationwide

basis or on the basis of the needs of a specific medical facility)

in the recruitment or retention of qualified physicians, an annual rate of not more than $40,000.

(B) For service by a physician who serves only a portion of

a year in a medical specialty for which special pay is paid

under subparagraph (A), the annual rate shall be calculated on
721 CH. 74—VHA—PERSONNEL § 7433

the basis of the proportion of time served in the specialty for

which the special pay is paid.

(4)(A) For service in any of the following executive positions,

an annual rate not to exceed the rate applicable to that position as follows:

Position

Rate

MinimumMaximum

Service Chief (or in a comparable position as determined

by the Secretary) .............................................................. $4,500 $15,000

Chief of Staff or in an Executive Grade ............................ 14,500 25,000

Director Grade ..................................................................... 0 25,000

(B) For service in any of the following executive positions,

the annual rate applicable to that position as follows:

Position Rate

Deputy Service Director ........................................................................... $20,000

Service Director ........................................................................................ 25,000

Deputy Assistant Under Secretary for Health ....................................... 27,500

Assistant Under Secretary for Health .................................................... 30,000

Associate Deputy Under Secretary for Health ....................................... 35,000

Deputy Under Secretary for Health ........................................................ 40,000

Under Secretary for Health ..................................................................... 45,000

(C) For service by a physician who serves only a portion of

a year in an executive position listed in subparagraph (A) or

(B) or who serves a portion of a year in such a position and

also serves a portion of that year in another position or grade

for which special pay is provided under this section, the annual

rate shall be calculated on the basis of the proportion of time

served in the position or positions for which special pay is provided.

(5) For specialty certification or first board certification,

$2,000, and for subspecialty certification or secondary board

certification, an additional $500.

(6) For service in a specific geographic location with respect

to which there are extraordinary difficulties in the recruitment

or retention of qualified physicians in a specific category of

physicians, an annual rate of not more than $17,000.

(7)(A) For service by a physician with exceptional qualifications within a specialty, an annual rate of not more than

$15,000.

(B) Special pay under this paragraph may be paid to a physician only if the payment of such pay to that physician is approved by the Under Secretary for Health personally and on a

case-by-case basis and only to the extent that the rate paid

under this paragraph, when added to the total of the rates paid

to that physician under paragraphs (1) through (6), does not

exceed the total rate that may be paid under those paragraphs

to a physician with the same length of service, specialty, and

position as the physician concerned.

(Added P.L. 102–40, § 102, May 7, 1991, 105 Stat. 191; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 103–446, § 1201(e)(22), Nov. 2, 1994,

108 Stat. 4686.)
§ 7434 CH. 74—VHA—PERSONNEL 722

§ 7434. Special pay: part-time physicians

(a) Subject to section 7431(e) of this title and subsection (b) of

this section, special pay under this subchapter for physicians employed on a part-time basis shall be based on the special-pay factors and annual rates specified in section 7433 of this title.

(b) The annual rate of special pay paid to a physician employed

on a part-time basis shall bear the same ratio to the annual rate

that the physician would be paid under section 7433 (other than for

full-time status) if the physician were employed on a full-time basis

as the amount of part-time employment by the physician bears to

full-time employment, except that such ratio may not exceed 3/4.

(Added P.L. 102–40, § 102, May 7, 1991, 105 Stat. 192.)

§ 7435. Special pay: full-time dentists

(a) The Secretary shall provide special pay under this subchapter

to eligible dentists employed on a full-time basis based upon the

factors, and at the annual rates, specified in subsection (b).

(b) The special pay factors, and the annual rates, applicable to

full-time dentists are as follows:

(1) For full-time status, $9,000.

(2)(A) For length of service as a dentist within the Veterans

Health Administration—

Length of Service

Rate

MinimumMaximum

1 year but less than 2 years ............................................... $1,000 $2,000

2 years but less than 4 years ............................................. 4,000 5,000

4 years but less than 8 years ............................................. 5,000 8,000

8 years but less than 12 years ........................................... 8,000 12,000

12 years but less than 20 years ......................................... 12,000 15,000

20 years or more .................................................................. 15,000 18,000

(B) The Under Secretary for Health shall specify a uniform

national rate for each range of years of service established by

or under this paragraph. The Under Secretary for Health may,

as to length of service in excess of 12 years, establish uniform

national rates for such ranges of years of service as the Under

Secretary for Health considers appropriate.

(3)(A) For service in a dental specialty with respect to which

there are extraordinary difficulties (on a nationwide basis or on

the basis of the needs of a specific medical facility) in the recruitment or retention of qualified dentists, an annual rate of

not more than $30,000.

(B) For service by a dentist who serves only a portion of a

year in a dental specialty for which special pay is paid under

subparagraph (A), the annual rate shall be calculated on the

basis of the proportion of time served in the specialty for which

the special pay is paid.

(4)(A) For service in any of the following executive positions,

an annual rate not to exceed the rate applicable to that position as follows:
723 CH. 74—VHA—PERSONNEL § 7435

Position

Rate

MinimumMaximum

Chief of Staff or in an Executive Grade ............................ $14,500 $25,000

Director Grade ..................................................................... 0 25,000

Service Chief (or in a comparable position as determined

by the Secretary) .............................................................. 4,500 15,000

(B) For service in any of the following executive positions,

the annual rate applicable to that position as follows:

Position Rate

Deputy Service Director ...................................................................... $20,000

Service Director ................................................................................... 25,000

Deputy Assistant Under Secretary for Health ................................. 27,500

Assistant Under Secretary for Health (or in a comparable position

as determined by the Secretary) .................................................... 30,000

(C) For service by a dentist who serves only a portion of a

year in an executive position listed in subparagraph (A) or (B)

or who serves a portion of a year in such a position and also

serves a portion of that year in another position or grade for

which special pay is provided under this section, the annual

rate shall be calculated on the basis of the proportion of time

served in the position or positions for which special pay is provided.

(5) For specialty or first board certification, $2,000 and for

subspecialty or secondary board certification, an additional

$500.

(6) For service in a specific geographic location with respect

to which there are extraordinary difficulties in the recruitment

or retention of qualified dentists in a specific category of dentists, an annual rate not more than $12,000.

(7)(A) For service by a dentist with exceptional qualifications

within a specialty, an annual rate of not more than $5,000.

(B) Special pay under this paragraph may be paid to a dentist only if the payment of such pay to that dentist is approved

by the Under Secretary for Health personally and on a caseby-case basis and only to the extent that the rate paid under

this paragraph, when added to the total of the rates paid to

that dentist under paragraphs (1) through (6), does not exceed

the total rate that may be paid under those paragraphs to a

dentist with the same length of service, specialty, and position

as the dentist concerned.

(8) For a dentist who has successfully completed a post-graduate year of hospital-based training in a program accredited by

the American Dental Association, an annual rate of $2,000 for

each of the first two years of service after successful completion

of that training.

(Added P.L. 102–40, § 102, May 7, 1991, 105 Stat. 193; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 103–446, § 1201(e)(22), Nov. 2, 1994,

108 Stat. 4686; P.L. 106–419, § 202(a)–(f), Nov. 1, 2000, 114 Stat. 1840–41.)
§ 7436 CH. 74—VHA—PERSONNEL 724

§ 7436. Special pay: part-time dentists

(a) Subject to section 7431(e) of this title and subsection (b) of

this section, special pay under this subchapter for dentists employed on a part-time basis shall be based on the special-pay factors and annual rates specified in section 7435 of this title.

(b) The annual rate of special pay paid to a dentist employed on

a part-time basis shall bear the same ratio to the annual rate that

the dentist would be paid under section 7435 of this title (other

than for full-time status) if the dentist were employed on a fulltime basis as the amount of part-time employment by the dentist

bears to full-time employment, except that such ratio may not exceed 3/4.

(Added P.L. 102–40, § 102, May 7, 1991, 105 Stat. 194.)

§ 7437. Special pay: general provisions

(a) A physician who is provided special pay for service in an executive position under paragraph (4)(B) of section 7433(b) of this title

may not also be provided scarce specialty special pay under paragraph (3) of that section. A dentist who is provided special pay for

service in an executive position under paragraph (4) of section

7435(b) of this title for service as a Service Director, Deputy Service Director, Deputy Assistant Under Secretary for Health, or Assistant Under Secretary for Health may not also be provided scarce

specialty special pay under paragraph (3) of that section.

(b) The following determinations under this subchapter shall be

made under regulations prescribed under section 7431 of this title:

(1) A determination that there are extraordinary difficulties

(on a nation-wide basis or on the basis of the needs of a specific

medical facility) in the recruitment or retention of qualified

physicians in a medical specialty or in the recruitment or retention of qualified dentists in a dental specialty.

(2) A determination of the rate of special pay to be paid to

a physician or dentist for a factor of special pay for which the

applicable rate is specified as a range of rates.

(3) A determination of whether there are extraordinary difficulties in a specific geographic location in the recruitment or

retention of qualified physicians in a specific category of physicians or in the recruitment or retention of qualified dentists in

a specific category of dentists.

(c) A determination for the purposes of this subchapter that there

are extraordinary difficulties in the recruitment or retention of

qualified physicians in a medical specialty, or in the recruitment or

retention of qualified dentists in a dental specialty, on the basis of

the needs of a specific medical facility may only be made upon the

request of the director of that facility.

(d) A physician or dentist may not be provided scarce specialty

pay under section 7433(b), 7434(b), 7435(b), or 7436(b) of this title

(whichever is applicable) on the basis of the needs of a specific

medical facility unless the Secretary also determines that geographic location pay under that section is insufficient to meet the

needs of that facility for qualified physicians or dentists, as the

case may be.
725 CH. 74—VHA—PERSONNEL § 7438

(e)(1) A physician or dentist shall be paid special pay under this

subchapter at a rate not less than the rate of special pay the physician or dentist was paid under section 4118 of this title as of the

day before the effective date of this subchapter if the physician or

dentist—

(A) is employed on a full-time basis in the Veterans Health

Administration;

(B) was employed as a physician or dentist on a full-time

basis in the Administration on the day before such effective

date; and

(C) on such effective date was being paid for no special-pay

factors other than primary, full-time, length of service, and

speciality or board certification.

(2) A physician or dentist shall be paid special pay under this

subchapter at a rate not less than the rate of special pay the physician or dentist was paid under section 4118 of this title as of the

day before the effective date of this subchapter if the physician or

dentist—

(A) is employed on a part-time basis in the Veterans Health

Administration;

(B) was employed as a physician or dentist on a part-time

basis in the Administration on the day before such effective

date; and

(C) on such effective date was being paid for no special-pay

factors other than primary, full-time, length of service, and

speciality or board certification.

(f) Any amount of special pay payable under this subchapter

shall be paid in equal installments in accordance with regularly established pay periods.

(g) Except as otherwise expressly provided by law, special pay

may not be provided to a physician or dentist in the Veterans

Health Administration for any factor not specified in section 7433,

7434, 7435, or 7436, as applicable, of this title.

(h) In no case may the total amount of compensation paid to a

physician or dentist under this title in any year exceed the amount

of annual compensation (excluding expenses) specified in section

102 of title 3.

(Added P.L. 102–40, § 102, May 7, 1991, 105 Stat. 194; amended P.L. 102–405,

§ 204(a), § 302(c)(1), Oct. 9, 1992, 106 Stat. 1983, 1984.)

§ 7438. Special pay: coordination with other benefits laws

(a) Special pay paid under this subchapter shall be in addition

to any other pay and allowances to which a physician or dentist is

entitled.

(b)(1) A physician or dentist who has no section 4118 service and

has completed not less than 15 years of service as a physician or

dentist in the Veterans Health Administration shall be entitled to

have special pay paid to the physician or dentist under this subchapter considered basic pay for the purposes of chapter 83 or 84

of title 5, as appropriate.

(2) A physician or dentist who has section 4118 service and has

completed a total of not less than 15 years of service as a physician

or dentist in the Veterans Health Administration shall be entitled

to have special pay paid to the physician or dentist under this sub-
§ 7438 CH. 74—VHA—PERSONNEL 726

chapter considered basic pay for the purposes of chapter 83 or 84,

as appropriate, of title 5 as follows:

(A) In an amount equal to the amount that would have been

so considered under section 4118 of this title on the day before

the effective date of this section based on the rates of special

pay the physician or dentist was entitled to receive under that

section on the day before such effective date.

(B) With respect to any amount of special pay received under

this subchapter in excess of the amount such physician or dentist was entitled to receive under section 4118 of this title on

the day before the effective date of this section, in an amount

equal to 25 percent of such excess amount for each two years

that the physician or dentist has completed as a physician or

dentist in the Veterans Health Administration after the effective date of this section.

(3) All special pay paid under this subchapter shall be included

in average pay (as defined in sections 8331(4) or 8401(3) of title 5,

as appropriate) for purposes of computing benefits paid under section 8337, 8341(d) or (e), 8442(b), 8443, or 8451 of such title.

(4) Special pay paid under section 4118 of this title, as in effect

before the effective date of this section, to a physician or dentist

who has section 4118 service shall be credited to the physician or

dentist for the same purposes and in the same manner and to the

same extent that such special pay was credited to the physician or

dentist before such effective date.

(5) Notwithstanding paragraphs (1) and (2), a dentist employed

as a dentist in the Veterans Health Administration on the date of

the enactment of the Veterans Benefits and Health Care Improvement Act of 2000 shall be entitled to have special pay paid to the

dentist under section 7435(b)(2)(A) of this title (referred to as ‘‘tenure pay’’) considered basic pay for the purposes of chapter 83 or 84,

as appropriate, of title 5 only as follows:

(A) In an amount equal to the amount that would have been

so considered under such section on the day before such date

based on the rates of special pay the dentist was entitled to receive under that section on the day before such date.

(B) With respect to any amount of special pay received under

that section in excess of the amount such dentist was entitled

to receive under such section on the day before such date, in

an amount equal to 25 percent of such excess amount for each

two years that the physician or dentist has completed as a physician or dentist in the Veterans Health Administration after

such date.

(6) For purposes of this subsection:

(A) The term ‘‘physician or dentist who has no section 4118

service’’ means a physician or dentist employed as a physician

or dentist in the Veterans Health Administration who has no

previous service as a physician or dentist in the Administration (or its predecessor) before the effective date of this section.

(B) The term ‘‘physician or dentist who has section 4118

service’’ means a physician or dentist employed as a physician

or dentist in the Veterans Health Administration who has previous service as a physician or dentist in the Administration

(or its predecessor) before the effective date of this section.
727 CH. 74—VHA—PERSONNEL § 7439

(C) Service in any predecessor entity of the Veterans Health

Administration shall be considered to be service in the Veterans Health Administration.

(c) Compensation paid as special pay under this subchapter or

under an agreement entered into under section 4118 of this title

(as in effect on the day before the effective date of the Department

of Veterans Affairs Physician and Dentist Recruitment and Retention Act of 1991) shall be considered as annual pay for the purposes of chapter 87 of title 5, relating to life insurance for Federal

employees.

(Added P.L. 102–40, § 102, May 7, 1991, 105 Stat. 196; amended P.L. 106–419,

§ 202(g), Nov. 1, 2000, 114 Stat. 1841.)

§ 7439. Periodic review of pay of physicians and dentists;

quadrennial report

(a) In order to make possible the recruitment and retention of a

well-qualified work force of physicians and dentists capable of providing quality care for eligible veterans, it is the policy of Congress

to ensure that the levels of total pay for physicians and dentists of

the Veterans Health Administration are fixed at levels reasonably

comparable— (1) with the levels of total pay of physicians and dentists employed by or serving in other departments and agencies of the

Federal Government; and

(2) with the income of non-Federal physicians and dentists

for the performance of services as physicians and dentists.

(b)(1) To assist the Congress and the President in carrying out

the policy stated in subsection (a), the Secretary shall— (A) define the bases for pay distinctions, if any, among various categories of physicians and dentists, including distinctions between physicians and dentists employed by the Veterans Health Administration and physicians and dentists employed by other departments and agencies of the Federal Government and between all Federal sector and non-Federal sector

physicians and dentists; and

(B) obtain measures of income from the employment or practice of physicians and dentists outside the Administration, including both the Federal and non-Federal sectors, for use as

guidelines for setting and periodically adjusting the amounts of

special pay for physicians and dentists of the Administration.

(2) The Secretary shall submit to the President a report, on such

date as the President may designate but not later than December

31, 1994, and once every four years thereafter, recommending appropriate rates of special pay to carry out the policy set forth in

subsection (a) with respect to the pay of physicians and dentists in

the Veterans Health Administration. The Secretary shall include in

such report, when considered appropriate and necessary by the

Secretary, recommendations for modifications of the special pay

levels set forth in this subchapter whenever— (A) the Department is unable to recruit or retain a sufficient

work force of well-qualified physicians and dentists in the Administration because the incomes and other employee benefits,

to the extent that those benefits are reasonably quantifiable, of

physicians and dentists outside the Administration who per-
§ 7439 CH. 74—VHA—PERSONNEL 728

form comparable types of duties are significantly in excess of

the levels of total pay (including basic pay and special pay) and

other employee benefits, to the extent that those benefits are

reasonably quantifiable, available to those physicians and dentists employed by the Administration; or

(B) other extraordinary circumstances are such that special

pay levels are needed to recruit or retain a sufficient number

of well-qualified physicians and dentists.

(c) The President shall include in the budget transmitted to the

Congress under section 1105 of title 31 after the submission of each

report of the Secretary under subsection (b)(2) recommendations

with respect to the exact rates of special pay for physicians and

dentists under this subchapter and the cost of those rates compared with the cost of the special pay rates in effect under this subchapter at the time the budget is transmitted.

(Added P.L. 102–40, § 102, May 7, 1991, 105 Stat. 197.)

§ 7440. Annual report

The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives an annual report

on the use of the authorities provided in this subchapter. The report shall be submitted each year as part of the budget justification

documents submitted by the Secretary in support of the budget of

the President submitted pursuant to section 1105 of title 31 that

year. Each such report shall include the following:

(1) A review of the use of the authorities provided in this

subchapter (including the Secretary’s and Under Secretary for

Health’s actions, findings, recommendations, and other activities under this subchapter) during the preceding fiscal year

and the fiscal year during which the report is submitted.

(2) The plans for the use of the authorities provided in this

subchapter for the next fiscal year.

(3) A description of the amounts of special pay paid during

the preceding fiscal year, shown by category of pay.

(4) A list of those geographic areas, and those scarce specialties, for which special pay was paid during the preceding fiscal

year, those for which special pay is being paid during the current fiscal year, and those for which special pay is expected to

be paid during the next fiscal year, together with a summary

of any differences among those three lists.

(5) The number of physicians and dentists (A) who left employment with the Veterans Health Administration during the

preceding year, (B) who changed from full-time status to parttime status, (C) who changed from part-time status to full-time

status, as well as (D) a summary of the reasons therefor.

(6) By specialty, the number of positions created and the

number of positions abolished during the preceding fiscal year

and a summary of the reasons for such actions.

(7) The number of unfilled physician and dentist positions in

each specialty in the Veterans Health Administration, the average and maximum lengths of time that such positions have

been unfilled, and a summary of the reasons that such positions remain unfilled and, in the case of any specialty not designated as a scarce specialty for purposes of special pay under
729 CH. 74—VHA—PERSONNEL § 7451

this subchapter, an explanation (including comparisons with

other specialties that have been so designated) of why the specialty has not been so designated.

(Added P.L. 102–40, § 102, May 7, 1991, 105 Stat. 198; amended P.L. 103–446,

§ 1201(c)(6), Nov. 2, 1994, 108 Stat. 4684.)

SUBCHAPTER IV—PAY FOR NURSES AND OTHER HEALTH– CARE PERSONNEL

§ 7451. Nurses and other health-care personnel: competitive

pay

(a)(1) It is the purpose of this section to ensure, by a means providing increased responsibility and authority to directors of Department health-care facilities, that the rates of basic pay for healthcare personnel positions described in paragraph (2) in each Department health-care facility (including the rates of basic pay of personnel employed in such positions on a part-time basis) are sufficient for the facility to be competitive, on the basis of pay and other

employees benefits, with non-Department health-care facilities in

the same labor-market area in the recruitment and retention of

qualified personnel for those positions.

(2) The health-care personnel positions referred to in paragraph

(1) (hereinafter in this section referred to as ‘‘covered positions’’)

are the following:

(A) Registered nurse.

(B) Such positions referred to in paragraphs (1) and (3) of

section 7401 of this title (other than the positions of physician,

dentist, and registered nurse) as the Secretary may determine

upon the recommendation of the Under Secretary for Health.

(3)(A) Except as provided in subparagraph (B), the rates of basic

pay for covered positions in the Department shall be established

and adjusted in accordance with this section instead of subsection

(b)(1) of section 7404 of this title or chapter 53 of title 5.

(B) Under such regulations as the Secretary shall prescribe, the

Secretary shall establish and adjust the rates of basic pay for covered positions at the following health-care facilities in order to provide rates of basic pay that enable the Secretary to recruit and retain sufficient numbers of health-care personnel in such positions

at those facilities:

(i) The Veterans Memorial Medical Center in the Republic of

the Philippines.

(ii) Department of Veterans Affairs health-care facilities located outside the contiguous States, Alaska, and Hawaii.

(4) The Secretary, after receiving the recommendation of the

Under Secretary for Health, shall prescribe regulations setting

forth criteria and procedures to carry out this section and section

7452 of this title. Requirements in such regulations for directors to

provide and maintain documentation of actions taken under this

section shall require no more documentation than the minimum essential for responsible administration.

(b) The Secretary shall maintain the five grade levels for nurses

employed by the Department under section 7401(1) of this title as

specified in the Nurse Schedule in section 7404(b) of this title. The

Secretary shall, pursuant to regulations prescribed to carry out this
§ 7451 CH. 74—VHA—PERSONNEL 730

subchapter, establish grades for other covered positions as the Secretary considers appropriate.

(c)(1) For each grade in a covered position, there shall be a range

of basic pay. The maximum rate of basic pay for a grade shall be

133 percent of the minimum rate of basic pay for the grade, except

that, if the Secretary determines that a higher maximum rate is

necessary with respect to any such grade in order to recruit and

retain a sufficient number of high-quality health-care personnel,

the Secretary may raise the maximum rate of basic pay for that

grade to a rate not in excess of 175 percent of the minimum rate

of basic pay for the grade. Whenever the Secretary exercises the

authority under the preceding sentence to establish the maximum

rate of basic pay at a rate in excess of 133 percent of the minimum

rate for that grade, the Secretary shall, in the next annual report

required by subsection (g), provide justification for doing so to the

Committees on Veterans Affairs of the Senate and House of Representatives.

(2) The maximum rate of basic pay for any grade for a covered

position may not exceed the maximum rate of basic pay established

for positions in level V of the Executive Schedule under section

5316 of title 5.

(3) The range of basic pay for each such grade shall be divided

into equal increments, known as ‘‘steps’’. The Secretary shall prescribe the number of steps. Each grade in a covered position shall

have the same number of steps. Rates of pay within a grade may

not be established at rates other than whole steps. Any increase

(other than an adjustment under subsection (d)) within a grade in

the rate of basic pay payable to an employee in a covered position

shall be by one or more of such step increments.

(d)(1) Subject to subsection (e), the rates of basic pay for each

grade in a covered position shall be adjusted periodically in accordance with this subsection in order to achieve the purposes of this

section. Such adjustments shall be made—

(A) whenever there is an adjustment under section 5303 of

title 5 in the rates of pay under the General Schedule, with the

adjustment under this subsection to have the same effective

date and to be by the same percentage as the adjustment in

the rates of basic pay under the General Schedule; and

(B) at such additional times as the director of a Department

health-care facility, with respect to employees in that grade at

that facility, or the Under Secretary for Health, with respect

to covered Regional and Central Office employees in that

grade, determines.

(2) An adjustment in rates of basic pay under this subsection for

a grade shall be carried out by adjusting the amount of minimum

rate of basic pay for that grade in accordance with paragraph (3)

and then adjusting the other rates for that grade to conform to the

requirements of subsection (c). Except as provided in paragraph

(1)(A), such an adjustment in the minimum rate of basic pay for

a grade shall be made by the director of a Department health-care

facility so as to achieve consistency with the beginning rate of compensation for corresponding health-care professionals in the Bureau

of Labor Statistics (BLS) labor-market area of that facility.
731 CH. 74—VHA—PERSONNEL § 7451

(3)(A) In the case of a Department health-care facility located in

an area for which there is current information, based upon an industry-wage survey by the Bureau of Labor Statistics for that labor

market, on compensation for corresponding health-care professionals for the BLS labor-market area of that facility, the director

of the facility concerned shall use that information as the basis for

making adjustments in rates of pay under this subsection. Whenever the Bureau of Labor Statistics releases the results of a new

industry-wage survey for that labor market that includes information on compensation for corresponding health-care professional,

the director of that facility shall determine, not later than 30 days

after the results of the survey are released whether an adjustment

in rates of pay for employees at that facility for any covered position is necessary in order to meet the purposes of this section. If

the director determines that such an adjustment is necessary, the

adjustment, based upon the information determined in the survey,

shall take effect on the first day of the first pay period beginning

after that determination.

(B) In the case of a Department health-care facility located in an

area for which the Bureau of Labor Statistic does not have current

information on compensation for corresponding health-care professional for the labor-market area of that facility for any covered position, the director of that facility shall conduct a survey in accordance with this subparagraph and shall adjust the amount of the

minimum rate of basic pay for grades in that covered position at

that facility based upon that survey. To the extent practicable, the

director shall use third-party industry wage surveys to meet the requirements of the preceding sentence. Any such survey shall be

conducted in accordance with regulations prescribed by the Secretary. Those regulations shall be developed in consultation with

the Secretary of Labor in order to ensure that the director of a facility collects information that is valid and reliable and is consistent with standards of the Bureau. The survey should be conducted using methodology comparable to that used by the Bureau

in making industry-wage surveys except to the extent determined

infeasible by the Secretary. To the extent practicable, all surveys

conducted pursuant to this subparagraph or subparagraph (A) shall

include the collection of salary midpoints, actual salaries, lowest

and highest salaries, average salaries, bonuses, incentive pays, differential pays, actual beginning rates of pay, and such other information needed to meet the purpose of this section. Upon conducting

a survey under this subparagraph the director concerned shall determine, not later than 30 days after the date on which the collection of information through the survey is completed or published,

whether an adjustment in rates of pay for employees at that facility for any covered position is necessary in order to meet the purposes of this section. If the director determines that such an adjustment is necessary, the adjustment, based upon the information determined in the survey, shall take effect on the first day of the first

pay period beginning after that determination.

(C)(i) A director of a Department health-care facility may use

data on the compensation paid to certified registered nurse anesthetists who are employed on a salary basis by entities that provide
§ 7451 CH. 74—VHA—PERSONNEL 732

anesthesia services through certified registered nurse anesthetists

in the labor-market area only if the director—

(I) has conducted a survey of compensation for certified registered nurse anesthetists in the local labor-market area of the

facility under subparagraph (B);

(II) has used all available administrative authority with regard to collection of survey data; and

(III) makes a determination (under regulations prescribed by

the Secretary) that such survey methods are insufficient to

permit the adjustments referred to in subparagraph (B) for

such nurse anesthetists employed by the facility.

(ii) For the purposes of this subparagraph, certified registered

nurse anesthetists who are so employed by such entities shall be

deemed to be corresponding health-care professionals to the certified registered nurse anesthetists employed by the facility.

(D) The Under Secretary for Health shall prescribe regulations

providing for the adjustment of the rates of basic pay for Regional

and Central Office employees in covered positions in order to assure that those rates are sufficient and competitive.

(E) The director of a facility or Under Secretary for Health may

not adjust rates of basic pay under this subsection for any pay

grade so that the minimum rate of basic pay for that grade is

greater than the beginning rates of compensation for corresponding

positions at non-Department health-care facilities.

(4) If the director of a Department health-care facility, or the

Under Secretary for Health with respect to Regional and Central

Office employees, determines, after any survey under paragraph

(3)(B), that it is not necessary to adjust the rates of basic pay for

employees in a grade of a covered position at that facility in order

to carry out the purpose of this section, such an adjustment for employees at that facility in that grade shall not be made.

(5) Information collected by the Department in surveys conducted

under this subsection is not subject to disclosure under section 552

of title 5.

(6) In this subsection—

(A) The term ‘‘beginning rate of compensation’’, with respect

to health-care personnel positions in non-Department healthcare facilities corresponding to a grade of a covered position,

means the sum of—

(i) the minimum rate of pay established for personnel in

such positions who have education, training, and experience equivalent or similar to the education, training, and

experience required for health-care personnel employed in

the same category of Department covered positions; and

(ii) other employees benefits for those positions to the extent that those benefits are reasonably quantifiable.

(B) The term ‘‘corresponding’’, with respect to health-care

personnel positions in non-Department health-care facilities,

means those positions for which the education, training, and

experience requirements are equivalent or similar to the education, training, and experience requirements for health-care

personnel positions in Department health-care facilities.
733 CH. 74—VHA—PERSONNEL § 7451

(e)(1) An adjustment in a rate of basic pay under subsection (d)

may not reduce the rate of basic pay applicable to any grade of a

covered position.

(2) The director of a Department health-care facility, in determining whether to carry out a wage survey under subsection (d)(3)

with respect to rates of basic pay for a grade of a covered position,

may not consider as a factor in such determination the absence of

a current recruitment or retention problem for personnel in that

grade of that position. The director shall make such a determination based upon whether, in accordance with criteria established by

the Secretary, there is a significant pay-related staffing problem at

that facility in any grade for a position. If the director determines

that there is such a problem, or that such a problem is likely to

exist in the near future, the Director shall provide for a wage survey in accordance with subsection (d)(3).

(3) The Under Secretary for Health may, to the extent necessary

to carry out the purposes of subsection (d), modify any determination made by the director of a Department health-care facility with

respect to adjusting the rates of basic pay applicable to covered positions. If the determination of the director would result in an adjustment in rates of basic pay applicable to covered positions, any

action by the Under Secretary under the preceding sentence shall

be made before the effective date of such pay adjustment. Upon

such action by the Under Secretary, any adjustment shall take effect on the first day of the first pay period beginning after such action. The Secretary shall ensure that the Under Secretary establishes a mechanism for the timely exercise of the authority in this

paragraph.

(4) Each director of a Department health-care facility shall provide to the Secretary, not later than July 31 each year, a report on

staffing for covered positions at that facility. The report shall include the following:

(A) Information on turnover rates and vacancy rates for each

covered position, including a comparison of those rates with

the rates for the preceding three years.

(B) The director’s findings concerning the review and evaluation of the facility’s staffing situation, including whether there

is, or is likely to be, in accordance with criteria established by

the Secretary, a significant pay-related staffing problem at that

facility for any covered position and, if so, whether a wage survey was conducted, or will be conducted with respect to that

position.

(C) In any case in which the director conducts such a wage

survey during the period covered by the report, information describing the survey and any actions taken or not taken based

on the survey, and the reasons for taking (or not taking) such

actions.

(D) In any case in which the director, after finding that there

is, or is likely to be, in accordance with criteria established by

the Secretary, a significant pay-related staffing problem at that

facility for any covered position, determines not to conduct a

wage survey with respect to that position, a statement of the

reasons why the director did not conduct such a survey.
§ 7451 CH. 74—VHA—PERSONNEL 734

(5) Not later than September 30 of each year, the Secretary shall

submit to the Committees on Veterans’ Affairs of the Senate and

House of Representatives a report on staffing for covered positions

at Department health care facilities. Each such report shall include

the following:

(A) A summary and analysis of the information contained in

the most recent reports submitted by facility directors under

paragraph (4).

(B) The information for each such facility specified in paragraph (4).

(f) Not later than March 1 of each year, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and

House of Representatives a report regarding any pay adjustments

under the authority of subsection (d) effective during the 12

months preceding the submission of the report. Each such report

shall set forth, by health-care facility, the percentage of such increases and, in any case in which no increase was made, the basis

for not providing an increase.

(g) For the purposes of this section, the term ‘‘health-care facility’’ means a medical center, an independent outpatient clinic, or

an independent domiciliary facility.

(Added P.L. 101–366, § 102(b), Aug. 15, 1990, 104 Stat. 431, § 4141; renumbered

§ 7451 and amended P.L. 102–40, § 301(b), (c), § 401(c)(1)(A), (2), May 7, 1991, 105

Stat. 208, 238; P.L. 102–405, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 102–585,

§§ 301(b)–303, 304(b), 307, Nov. 4, 1992, 106 Stat. 4951–4953; P.L. 103–446,

§ 1201(c)(7), (e)(23), Nov. 2, 1994, 108 Stat. 4684, 4686; P.L. 104–110, § 101(i), Feb.

13, 1996, 110 Stat. 768; P.L. 106–419, § 201(a), Nov. 1, 2000, 114 Stat. 1838; P.L.

107–135, § 133, Jan. 23, 2002, 115 Stat. 2454.)

§ 7452. Nurses and other health-care personnel: administration of pay

(a)(1) Regulations prescribed under section 7451(a) of this title

shall provide that whenever an employee in a covered position is

given a new duty assignment which is a promotion, the rate of

basic pay of that employee shall be increased at least one step increment in that employee’s grade.

(2) A nurse serving in a head nurse position shall while so serving receive basic pay at a rate two step increments above the rate

that would otherwise be applicable to the nurse. If such a nurse is

in the highest or next-to-highest step for that nurse’s grade, the

preceding sentence shall be applied by extrapolation to create additional steps only for the purposes of this paragraph. The limitation

in section 7451(c)(1) of this title shall not apply with respect to increased basic pay under this paragraph.

(3) An employee in a covered position who is promoted to the

next higher grade shall be paid in that grade at a step having a

rate of basic pay that is greater than the rate of basic pay applicable to the employee in a covered position on the day before the effective date of the promotion.

(b)(1) Under regulations which the Secretary prescribes for the

administration of this section, the director of a Department healthcare facility (A) shall pay a cash bonus (in an amount to be determined by the director not to exceed $2,000) to an employee in a

covered position at that facility who becomes certified in a specialty

recognized by the Department, and (B) may provide such a bonus
735 CH. 74—VHA—PERSONNEL § 7452

to an employee in such a position who has demonstrated both exemplary job performance and exemplary job achievement. The authority of the Secretary under this subsection is in addition to any

other authority of the Secretary to provide job performance incentives.

(2) The Secretary shall include in the annual report under section 7451(g) of this title a discussion of the use during the period

covered by the report of the payment of bonuses under this subsection and other job performance incentives available to the Secretary.

(c)(1) The Secretary shall provide (in regulations prescribed for

the administration of this section) that the director of a Department health-care facility, in making a new appointment of a person

under section 7401(1) of this title as an employee in a covered position for employment at that facility, may make that appointment

at a rate of pay described in paragraph (3) without being subject

to a requirement for prior approval at any higher level of authority

within the Department in any case in which the director determines that it is necessary to do so in order to obtain the services

of employees in covered positions in cases in which vacancies exist

at that health-care facility.

(2) Such a determination may be made by the director of a

health-care facility only in order to recruit employees in covered positions with specialized skills, especially employees with skills

which are especially difficult or demanding.

(3) A rate of pay referred to in paragraph (1) is a rate of basic

pay in excess of the minimum rate of basic pay applicable to the

grade in which the appointment is made (but not in excess of the

maximum rate of basic pay for that grade).

(4) Whenever the director of a health-care facility makes an appointment described in paragraph (1) without prior approval at a

higher level of authority within the Department, the director

shall—

(A) state in a document the reasons for employing the employee in a covered position at a rate of pay in excess of the

minimum rate of basic pay applicable to the grade in which the

employee is appointed (and retrain that document on file); and

(B) in the first budget documents submitted to the Secretary

by the director after the employee is employed, include documentation for the need for such increased rates of basic pay described in clause (A).

(5) Whenever the director of a health-care facility makes an appointment described in paragraph (1) on the basis of a determination described in paragraph (2), the covered employee appointed

may continue to receive pay at a rate higher than that which would

otherwise be applicable to that employee only so long as the employee continues to serve in a position requiring the specialized

skills with respect to which the determination was made.

(d) Whenever the director of a health-care facility makes an appointment described in subsection (c)(1), the director may (without

a regard to any requirement for prior approval at any higher level

of authority within the Department) increase the rate of pay of

other employees in the same covered position at that facility who

are in the grade in which the appointment is made and are serving
§ 7452 CH. 74—VHA—PERSONNEL 736

in a position requiring the specialized skills with respect to which

the determination under subsection (c)(2) concerning the appointment was made. Any such increase shall continue in effect with respect to any employee only so long as the employee continues to

serve in such a position.

(e) An employee in a covered position employed under section

7401(1) of this title who (without a break in employment) transfers

from one Department health-care facility to another may not be reduced in grade or step within grade (except pursuant to a disciplinary action otherwise authorized by law) if the duties of the position to which the employee transfers are similar to the duties of

the position from which the employee transferred. The rate of basic

pay of such employee shall be established at the new health-care

facility in a manner consistent with the practices at that facility for

an employee of that grade and step, except that in the case of an

employee whose transfer (other than pursuant to a disciplinary action otherwise authorized by law) to another health-care facility is

at the request of the Secretary, the Secretary may provide that for

at least the first year following such transfer the employee shall be

paid at a rate of basic pay up to the rate applicable to such employee before the transfer, if the Secretary determines that such

rate of pay is necessary to fill the position. Whenever the Secretary

exercises the authority under the preceding sentence relating to the

rate of basic pay of a transferred employee, the Secretary shall, in

the next annual report required under section 7451(g) of this title,

provide justification for doing so.

(f) In this section, the term ‘‘covered position’’ has the meaning

given that term in section 7451 of this title.

(Added P.L. 101–366, § 102(b), Aug. 15, 1990, 104 Stat. 435, § 4142; renumbered

§ 7452 and amended P.L. 102–40, § 301(d), § 401(c)(1)(A), (3), May 7, 1991, 105 Stat.

208, 238; P.L. 102–585, § 304(a), Nov. 4, 1992, 106 Stat. 4952.)

§ 7453. Nurses: additional pay

(a) In addition to the rate of basic pay provided for nurses, a

nurse shall receive additional pay as provided by this section.

(b) A nurse performing service on a tour of duty, any part of

which is within the period commencing at 6 postmeridian and ending at 6 antemeridian, shall receive additional pay for each hour

of service on such tour at a rate equal to 10 percent of the nurse’s

hourly rate of basic pay if at least four hours of such tour fall between 6 postmeridian and 6 antemeridian. When less than four

hours of such tour fall between 6 postmeridian and 6 antemeridian,

the nurse shall be paid the differential for each hour of service performed between those hours.

(c) A nurse performing service on a tour of duty, any part of

which is within the period commencing at midnight Friday and

ending at midnight Sunday, shall receive additional pay for each

hour of service on such tour at a rate equal to 25 percent of such

nurse’s hourly rate of basic pay.

(d) A nurse performing service on a holiday designated by Federal statute or Executive order shall receive for each hour of such

service the nurse’s hourly rate of basic pay, plus additional pay at

a rate equal to such hourly rate of basic pay, for that holiday service, including overtime service. Any service required to be per-
737 CH. 74—VHA—PERSONNEL § 7453

formed by a nurse on such a designated holiday shall be deemed

to be a minimum of two hours in duration.

(e)(1) A nurse performing officially ordered or approved hours of

service in excess of 40 hours in an administrative workweek, or in

excess of eight hours in a day, shall receive overtime pay for each

hour of such additional service. The overtime rates shall be one

and one-half times such nurse’s hourly rate of basic pay.

(2) For the purposes of this subsection, overtime must be of at

least 15 minutes duration in a day to be creditable for overtime

pay.

(3) Compensatory time off in lieu of pay for service performed

under the provisions of this subsection shall not be permitted, except as voluntarily requested in writing by the nurse in question.

(4) Any excess service performed under this subsection on a day

when service was not scheduled for such nurse, or for which such

nurse is required to return to the nurse’s place of employment,

shall be deemed to be a minimum of two hours in duration.

(5) For the purposes of this subsection, the period of a nurse’s officially ordered or approved travel away from such nurse’s duty station may not be considered to be hours of service unless— (A) such travel occurs during such nurse’s tour of duty; or

(B) such travel—

(i) involves the performance of services while traveling,

(ii) is incident to travel that involves the performance of

services while traveling,

(iii) is carried out under arduous conditions as determined by the Secretary, or

(iv) results from an event which could not be scheduled

or controlled administratively.

(f) For the purpose of computing the additional pay provided by

subsection (b), (c), (d), or (e), a nurse’s hourly rate of basic pay shall

be derived by dividing such nurse’s annual rate of basic pay by

2,080.

(g) When a nurse is entitled to two or more forms of additional

pay under subsection (b), (c), (d), or (e) for the same period of service, the amounts of such additional pay shall be computed separately on the basis of such nurse’s hourly rate of basic pay, except

that no overtime pay as provided in subsection (e) shall be payable

for overtime service performed on a holiday designated by Federal

statute or Executive order in addition to pay received under subsection (d) for such service.

(h) A nurse who is officially scheduled to be on call outside such

nurse’s regular hours or on a holiday designated by Federal statute

or Executive order shall be paid for each hour of such on-call duty,

except for such time as such nurse may be called back to work, at

a rate equal to 10 percent of the hourly rate for excess service as

provided in subsection (e).

(i) Any additional pay paid pursuant to this section shall not be

considered as basic pay for the purposes of the following provisions

of title 5 (and any other provision of law relating to benefits based

on basic pay):

(1) Subchapter VI of chapter 55.

(2) Section 5595.

(3) Chapters 81, 83, 84, and 87.
§ 7453 CH. 74—VHA—PERSONNEL 738

(j)(1) Notwithstanding any other provision of law and subject to

paragraph (2), the Secretary may increase the rates of additional

pay authorized under subsections (b) through (h) if the Secretary

determines that it is necessary to do so in order to obtain or retain

the services of nurses.

(2) An increase under paragraph (1) in rates of additional pay— (A) may be made at any specific Department health-care facility in order to provide nurses, or any category of nurses, at

such facility additional pay in an amount competitive with, but

not exceeding, the amount of the same type of pay that is paid

to the same category of nurses at non-Federal health-care facilities in the same geographic area as such Department

health-care facility (based upon a reasonably representative

sampling of such non-Federal facilities); and

(B) may be made on a nationwide, local, or other geographic

basis if the Secretary finds that such an increase is justified

on the basis of a review of the need for such increase (based

upon a reasonably representative sampling of non-Federal

health-care facilities in the geographic area involved).

(Added P.L. 102–40, § 401(b)(4), May 7, 1991, 105 Stat. 232; amended P.L. 103–446,

§ 1201(e)(24), (g)(6), Nov. 2, 1994, 108 Stat. 4686, 4687.)

§ 7454. Physician assistants and other health care professionals: additional pay

(a) Physician assistants and expanded-function dental auxiliaries

shall be entitled to additional pay on the same basis as provided

for nurses in section 7453 of this title.

(b)(1) When the Secretary determines it to be necessary in order

to obtain or retain the services of certified or registered respiratory

therapists, licensed physical therapists, licensed practical or vocational nurses, pharmacists, or occupational therapists, the Secretary may, on a nationwide, local, or other geographic basis, pay

persons employed in such positions additional pay on the same

basis as provided for nurses in section 7453 of this title.

(2) Health care professionals employed in positions referred to in

paragraph (1) shall be entitled to additional pay on the same basis

as provided for nurses in section 7453(c) of this title.

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

(Added P.L. 102–40, § 401(b)(4), May 7, 1991, 105 Stat. 234; amended P.L. 107–135,

§ 121(a), Jan. 23, 2002, 115 Stat. 2450.)

§ 7455. Increases in rates of basic pay

(a)(1) Subject to subsections (b), (c), and (d), when the Secretary

determines it to be necessary in order to obtain or retain the services of persons described in paragraph (2), the Secretary may increase the minimum, intermediate, or maximum rates of basic pay

authorized under applicable statutes and regulations. Any increase

in such rates of basic pay—

(A) may be made on a nationwide basis, local basis, or other

geographic basis; and

(B) may be made—

(i) for one or more of the grades listed in the schedules

in subsection (b)(1) of section 7404 of this title;
739 CH. 74—VHA—PERSONNEL § 7455

(ii) for one or more of the health personnel fields within

such grades; or

(iii) for one or more of the grades of the General Schedule under section 5332 of title 5.

(2) Paragraph (1) applies to the following:

(A) Individuals employed in positions listed in paragraphs (1)

and (3) of section 7401 of this title.

(B) Health-care personnel who— (i) are employed in the Administration (other than administrative, clerical, and physical plant maintenance and

protective services employees);

(ii) are paid under the General Schedule pursuant to section 5332 of title 5;

(iii) are determined by the Secretary to be providing either direct patient-care services or services incident to direct patient-care services; and

(iv) would not otherwise be available to provide medical

care and treatment for veterans.

(C) Employees who are Department police officers providing

services under section 902 of this title.

(b) Increases in rates of basic pay may be made under subsection

(a) only in order—

(1) to provide pay in an amount competitive with, but not exceeding, the amount of the same type of pay paid to the same

category of personnel at non-Federal facilities in the same

labor market;

(2) to achieve adequate staffing at particular facilities; or

(3) to recruit personnel with specialized skills, especially

those with skills which are especially difficult or demanding.

(c)(1) The amount of any increase under subsection (a) in the

maximum rate for any grade may not (except in the case of nurse

anesthetists, pharmacists, and licensed physical therapists) exceed

by two times the amount by which the maximum for such grade

(under applicable provisions of law other than this subsection) exceeds the minimum for such grade (under applicable provisions of

law other than this subsection), and the maximum rate as so increased may not exceed the rate paid for individuals serving as Assistant Under Secretary for Health.

(2) Whenever the amount of an increase under subsection (a) results in a rate of basic pay for a position being equal to or greater

than the amount that is 94 percent of the maximum amount permitted under paragraph (1), the Secretary shall promptly notify the

Committees on Veterans’ Affairs of the Senate and House of Representatives of the increase and the amount thereof.

(d)(1) In the exercise of the authority provided in subsection (a)

with respect to personnel described in subparagraph (B) or (C) of

paragraph (2) of that subsection to increase the rates of basic pay

for any category of personnel not appointed under subchapter I, the

Secretary shall, not less than 45 days before the effective date of

a proposed increase, notify the President of the Secretary’s intention to provide such an increase.

(2) Such a proposed increase shall not take effect if, before the

effective date of the proposed increase, the President disapproves

such increase and provides the appropriate committees of the Con-
§ 7455 CH. 74—VHA—PERSONNEL 740

gress with a written statement of the President’s reasons for such

disapproval.

(3) If, before that effective date, the President approves such increase, the Secretary may advance the effective date to any date

not earlier than the date of the President’s approval.

(Added P.L. 102–40, § 401(b)(4), May 7, 1991, 105 Stat. 234; amended P.L. 102–83,

§ 2(c)(7), Aug. 6, 1991, 105 Stat. 402; P.L. 102–405, § 201, § 302(c)(1), Oct. 9, 1992,

106 Stat. 1983, 1984; P.L. 106–419, § 203, Nov. 1, 2000, 114 Stat. 1841.)

§ 7456. Nurses: special rules for weekend duty

(a) Subject to subsection (b), if the Secretary determines it to be

necessary in order to obtain or retain the services of nurses at any

Department health-care facility, the Secretary may provide, in the

case of nurses appointed under this chapter and employed at such

facility, that such nurses who work two regularly scheduled 12-

hour tours of duty within the period commencing at midnight Friday and ending at midnight the following Sunday shall be considered for all purposes (except computation of full-time equivalent

employees for the purposes of determining compliance with personnel ceilings) to have worked a full 40-hour basic workweek.

(b)(1) Basic and additional pay for a nurse who is considered

under subsection (a) to have worked a full 40-hour basic workweek

shall be subject to paragraphs (2) and (3).

(2) The hourly rate of basic pay for such a nurse for service performed as part of a regularly scheduled 12-hour tour of duty within

the period commencing at midnight Friday and ending at midnight

the following Sunday shall be derived by dividing the nurse’s annual rate of basic pay by 1,248.

(3)(A) Such a nurse who performs a period of service in excess

of such nurse’s regularly scheduled two 12-hour tours of duty is entitled to overtime pay under section 7453(e) of this title, or other

applicable law, for officially ordered or approved service performed

in excess of eight hours on a day other than a Saturday or Sunday

or in excess of 24 hours within the period commencing at midnight

Friday and ending at midnight the following Sunday.

(B) Except as provided in subparagraph (C), a nurse to whom

this subsection is applicable is not entitled to additional pay under

section 7453 of this title, or other applicable law, for any period included in a regularly scheduled 12-hour tour of duty.

(C) If the Secretary determines it to be further necessary in order

to obtain or retain the services of nurses at a particular facility, a

nurse to whom this paragraph is applicable who performs service

in excess of such nurse’s regularly scheduled two 12-hour tours of

duty may be paid overtime pay under section 7453(e) of this title,

or other applicable law, for all or part of the hours of officially ordered or approved service performed by such nurse in excess of 40

hours during an administrative workweek.

(c) A nurse described in subsection (b)(1) who is absent on approved sick leave or annual leave during a regularly scheduled 12-

hour tour of duty shall be charged for such leave at a rate of five

hours of leave for three hours of absence.

(d) The Secretary shall prescribe regulations for the implementation of this section.

(Added P.L. 102–40, § 401(b)(4), May 7, 1991, 105 Stat. 235.)
741 CH. 74—VHA—PERSONNEL § 7458

§ 7457. On-call pay

(a) The Secretary may pay an employee to whom this section applies pay at the rate provided in section 7453(h) of this title except

for such time as the employee may be called back to work.

(b) This section applies to an employee who meets each of the following criteria:

(1) The employee is employed in a position listed in paragraph (3) of section 7401 of this title or meets the criteria specified in clauses (i), (ii), and (iii) of section 7455(a)(2)(B) of this

title.

(2) The employee is employed in a work unit for which oncall premium pay is authorized.

(3) The employee is officially scheduled to be on call outside

such employee’s regular hours or on a holiday designated by

Federal statute or Executive order.

(c) An employee who is eligible for on-call pay under subsection

(a) and who was receiving standby premium pay pursuant to section 5545 of title 5 on May 20, 1988, shall, as long as such employee is employed in the same position and work unit and remains

eligible for such standby pay, receive pay for any period of on-call

duty at the rate equal to the greater of— (1) the rate of pay which such employee would receive if

being paid the rate of standby pay pursuant to such section

that such individual would be entitled to receive if such individual were not scheduled to be on call instead, or

(2) the rate of pay which such employee is entitled to receive

including on-call premium pay described in subsection (a).

(Added P.L. 102–40, § 401(b)(4), May 7, 1991, 105 Stat. 236.)

§ 7458. Recruitment and retention bonus pay

(a)(1) In order to recruit and retain registered nurses, the Secretary may enter into agreements under this section. Such an

agreement may be entered into with any registered nurse who is

employed at, or who agrees to accept employment with the Department at, a Department health care facility that is designated by

the Secretary as a health-care facility with a significant shortage

in registered nurses in any clinical service.

(2) A registered nurse entering into an agreement under this section shall agree to remain employed by the Department as a registered nurse for a period of time to be specified in the agreement

and to serve during that period in a specific health-care facility

that is designated by the Secretary as a health-care facility with

a significant shortage of registered nurses in that nurse’s clinical

service. Such period may not be less than two years or more than

four years. Such employment during such period may be on a fulltime basis or a part-time basis, as specified in the agreement. Parttime employment as specified in such an agreement may not be

less than half-time.

(b)(1) The Secretary shall pay to any nurse entering into an

agreement under this section bonus pay in an amount specified in

the agreement. The amount of such bonus pay may not exceed— (A) $2,000 per year, in the case of an agreement for two

years.
§ 7458 CH. 74—VHA—PERSONNEL 742

(B) $3,000 per year, in the case of an agreement for three

years, and (C) $4,000 per year, in the case of an agreement for four

years.

(2) In the case of an agreement for employment or less than a

full-time basis, the amount of bonus pay shall be pro rated accordingly.

(c)(1) Except as provided in paragraph (2) of this subsection, a

bonus under this section shall be paid in equal installments after

each year of service is completed throughout the period of obligated

service specified in the agreement.

(2)(A) The Secretary may make a payment in an amount not in

excess of 25 percent of the total bonus in a lump sum at the time

that the period of obligated service commences under the agreement.

(B) If the Secretary makes a lump-sum payment under subparagraph (A) of this paragraph, the remaining balance of the bonus

shall be paid in equal installments after each year of service is

completed throughout the period of obligated service specified in

the agreement.

(d)(1) A bonus paid to any individual under this section shall be

in addition to any pay or allowance to which the individual is entitled.

(2) The amount of a bonus paid under this section shall not be

considered to be basic pay for the purposes of sections 5551, 5552,

and 5595 of title 5, chapters 81, 83, 84, and 87 of such title, or any

other provision of law creating an entitlement to benefits based on

basic pay.

(e) At least once each year the Secretary, upon the recommendation of the Under Secretary for Health, shall determine the specific

health-care facilities and clinical services, if any, as to which there

are significant problems with respect to the recruitment and retention of registered nurses. Upon making any such determination,

the Secretary shall promptly notify the Committees on Veterans ’ Affairs of the Senate and the House of Representatives of the determination and the basis for the determination.

(f) The Secretary may enter into agreements under this section

with individuals in a health profession other than nursing (and

other than a health profession for which special pay may be provided under subchapter III) if the Secretary determines that there

are significant problems with respect to recruitment and retention

of employees in that health profession. The Secretary’s authority to

enter into any such agreement under this section, and such agreement, shall be subject to the provisions of this section in the same

manner as are the authority to enter into an agreement under this

section with a registered nurse and such an agreement.

(g)(1) Except as provided in paragraph (2) of this subsection, an

individual who voluntarily, or because of misconduct, fails to perform services as assigned by the Secretary for the period of obligated service provided in an agreement under this section shall refund to the United States the amount by which the total amount

of bonus payments received by that individual under this section

exceeds the amount that such individual would have received

under an agreement under this section to serve for the period of
743 CH. 74—VHA—PERSONNEL § 7461

obligated service actually served (as determined at the time the

agreement is entered into). If the period actually served is less

than two years, the amount to be refunded is the entire amount

paid to the individual.

(2) An individual shall not be required to make a refund under

paragraph (1) of this subsection if the Secretary determines, in accordance with regulations prescribed under subsection (h) of this

section, that the individual’s failure to perform services for the period of obligated service is due to circumstances (not including separation for cause) beyond the control of the individual.

(3) An obligation to refund any portion of a bonus payment under

this subsection is, for all purposes, a debt owed to the United

States.

(4) The provisions of this subsection and the specific amounts

that the individual could be required to refund shall be disclosed

to the individual at the time the agreement is entered into and

shall be clearly set forth in the contract.

(h) The Secretary shall prescribe regulations to carry out this

section.

(Added P.L. 100–322, § 212(a)[(1)], May 20, 1988, 102 Stat. 514, § 4120; renumbered

§ 7458 and amended P.L. 102–40, § 401(c)(4), May 7, 1991, 105 Stat. 238; P.L. 102–

83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 103–446, § 1201(h)(4), Nov. 2, 1994, 108

Stat. 4688.)

SUBCHAPTER V—DISCIPLINARY AND GRIEVANCE

PROCEDURES

§ 7461. Adverse actions: section 7401(1) employees

(a) Whenever the Under Secretary for Health (or an official designated by the Under Secretary for Health) brings charges based

on conduct or performance against a section 7401(1) employee and

as a result of those charges an adverse personnel action is taken

against the employee, the employee shall have the right to appeal

the action.

(b)(1) If the case involves or includes a question of professional

conduct or competence in which a major adverse action was taken,

such an appeal shall be made to a Disciplinary Appeals Board

under section 7462 of this title.

(2) In any other case, such an appeal shall be made—

(A) through Department grievance procedures under section

7463 of this title, in any case that involves or includes a question of professional conduct or competence in which a major adverse action was not taken or in any case of an employee who

is not covered by a collective bargaining agreement under

chapter 71 of title 5; or

(B) through grievance procedures provided through collective

bargaining under chapter 71 of title 5 or through Department

grievance procedures under section 7463 of this title, as the

employee elects, in the case of an employee covered by a collective bargaining agreement under chapter 71 of title 5 that does

not involve or include a question of professional conduct or

competence.

(c) For purposes of this subchapter—
§ 7461 CH. 74—VHA—PERSONNEL 744

(1) Section 7401(1) employees are employees of the Department employed on a full-time basis under a permanent appointment in a position listed in section 7401(1) of this title

(other than interns and residents appointed pursuant to section 7406 of this title).

(2) A major adverse action is an adverse action which includes any of the following:

(A) Suspension.

(B) Transfer.

(C) Reduction in grade.

(D) Reduction in basic pay.

(E) Discharge.

(3) A question of professional conduct or competence is a

question involving any of the following:

(A) Direct patient care.

(B) Clinical competence.

(d) An issue of whether a matter or question concerns, or arises

out of, professional conduct or competence is not itself subject to

any grievance procedure provided by law, regulation, or collective

bargaining and may not be reviewed by any other agency.

(e) Whenever the Secretary proposes to prescribe regulations

under this subchapter, the Secretary shall publish the proposed

regulations in the Federal Register for notice-and-comment not less

than 30 days before the day on which they take effect.

(Added P.L. 102–40, § 203(a), May 7, 1991, 105 Stat. 202; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

§ 7462. Major adverse actions involving professional conduct or competence

(a)(1) Disciplinary Appeals Boards appointed under section 7464

of this title shall have exclusive jurisdiction to review any case— (A) which arises out of (or which includes) a question of professional conduct or competence of a section 7401(1) employee;

and

(B) in which a major adverse action was taken.

(2) The board shall include in its record of decision in any mixed

case a statement of the board’s exclusive jurisdiction under this

subsection and the basis for such exclusive jurisdiction.

(3) For purposes of paragraph (2), a mixed case is a case that includes both a major adverse action arising out of a question of professional conduct or competence and an adverse action which is not

a major adverse action or which does not arise out of a question

of professional conduct or competence.

(b)(1) In any case in which charges are brought against a section

7401(1) employee which arises out of, or includes, a question of professional conduct or competence which could result in a major adverse action, the employee is entitled to the following:

(A) At least 30 days advance written notice from the Under

Secretary for Health or other charging official specifically stating the basis for each charge, the adverse actions that could be

taken if the charges are sustained, and a statement of any specific law, regulation, policy, procedure, practice, or other specific instruction that has been violated with respect to each

charge, except that the requirement for notification in advance
745 CH. 74—VHA—PERSONNEL § 7462

may be waived if there is reasonable cause to believe that the

employee has committed a crime for which the employee may

be imprisoned.

(B) A reasonable time, but not less than seven days, to

present an answer orally and in writing to the Under Secretary

for Health or other deciding official, who shall be an official

higher in rank than the charging official, and to submit affidavits and other documentary evidence in support of the answer.

(2) In any case described in paragraph (1), the employee is entitled to be represented by an attorney or other representative of the

employee’s choice at all stages of the case.

(3)(A) If a proposed adverse action covered by this section is not

withdrawn, the deciding official shall render a decision in writing

within 21 days of receipt by the deciding official of the employee’s

answer. The decision shall include a statement of the specific reasons for the decision with respect to each charge. If a major adverse action is imposed, the decision shall state whether any of the

charges sustained arose out of a question of professional conduct or

competence. If any of the charges are sustained, the notice of the

decision to the employee shall include notice of the employee’s

rights of appeal.

(B) Notwithstanding the 21-day period specified in subparagraph

(A), a proposed adverse action may be held in abeyance if the employee requests, and the deciding official agrees, that the employee

shall seek counseling or treatment for a condition covered under

the Rehabilitation Act of 1973. Any such abeyance of a proposed action may not extend for more than one year.

(4)(A) The Secretary may require that any answer and submission under paragraph (1)(B) be submitted so as to be received within 30 days of the date of the written notice of the charges, except

that the Secretary shall allow the granting of extensions for good

cause shown.

(B) The Secretary shall require that any appeal to a Disciplinary

Appeals Board from a decision to impose a major adverse action

shall be received within 30 days after the date of service of the

written decision on the employee.

(c)(1) When a Disciplinary Appeals Board convenes to consider an

appeal in a case under this section, the board, before proceeding to

consider the merits of the appeal, shall determine whether the case

is properly before it.

(2) Upon hearing such an appeal, the board shall, with respect

to each charge appealed to the board, sustain the charge, dismiss

the charge, or sustain the charge in part and dismiss the charge

in part. If the deciding official is sustained (in whole or in part)

with respect to any such charge, the board shall—

(A) approve the action as imposed;

(B) approve the action with modification, reduction, or exception; or

(C) reverse the action.

(3) A board shall afford an employee appealing an adverse action

under this section an opportunity for an oral hearing. If such a

hearing is held, the board shall provide the employee with a transcript of the hearing.
§ 7462 CH. 74—VHA—PERSONNEL 746

(4) The board shall render a decision in any case within 45 days

of completion of the hearing, if there is a hearing, and in any event

no later than 120 days after the appeal commenced.

(d)(1) After resolving any question as to whether a matter involves professional conduct or competence, the Secretary shall

cause to be executed the decision of the Disciplinary Appeals Board

in a timely manner and in any event in not more than 90 days

after the decision of the Board is received by the Secretary. Pursuant to the board’s decision, the Secretary may order reinstatement,

award back pay, and provide such other remedies as the board

found appropriate relating directly to the proposed action, including expungement of records relating to the action.

(2) If the Secretary finds a decision of the board to be clearly contrary to the evidence or unlawful, the Secretary may— (A) reverse the decision of the board, or

(B) vacate the decision of the board and remand the matter

to the Board for further consideration.

(3) If the Secretary finds the decision of the board (while not

clearly contrary to the evidence or unlawful) to be not justified by

the nature of the charges, the Secretary may mitigate the adverse

action imposed.

(4) The Secretary’s execution of a board’s decision shall be the

final administrative action in the case.

(e) The Secretary may designate an employee of the Department

to represent management in any case before a Disciplinary Appeals

Board.

(f)(1) A section 7401(1) employee adversely affected by a final

order or decision of a Disciplinary Appeals Board (as reviewed by

the Secretary) may obtain judicial review of the order or decision.

(2) In any case in which judicial review is sought under this subsection, the court shall review the record and hold unlawful and set

aside any agency action, finding, or conclusion found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise

not in accordance with law;

(B) obtained without procedures required by law, rule, or

regulation having been followed; or

(C) unsupported by substantial evidence.

(Added P.L. 102–40, § 203(a), May 7, 1991, 105 Stat. 203; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

§ 7463. Other adverse actions

(a) The Secretary shall prescribe by regulation procedures for the

consideration of grievances of section 7401(1) employees arising

from adverse personnel actions in which each action taken either— (1) is not a major adverse action; or

(2) does not arise out of a question of professional conduct or

competence.

Disciplinary Appeals Boards shall not have jurisdiction to review

such matters, other than as part of a mixed case (as defined in section 7462(a)(3) of this title).

(b) In the case of an employee who is a member of a collective

bargaining unit under chapter 71 of title 5, the employee may seek

review of an adverse action described in subsection (a) either under

the grievance procedures provided through regulations prescribed
747 CH. 74—VHA—PERSONNEL § 7464

under subsection (a) or through grievance procedures determined

through collective bargaining, but not under both. The employee

shall elect which grievance procedure to follow. Any such election

may not be revoked.

(c)(1) In any case in which charges are brought against a section

7401(1) employee which could result in a major adverse action and

which do not involve professional conduct or competence, the employee is entitled to the same notice and opportunity to answer

with respect to those charges as provided in subparagraphs (A) and

(B) of section 7462(b)(1) of this title.

(2) In any other case in which charges are brought against a section 7401(1) employee, the employee is entitled to— (A) an advance written notice stating the specific reason for

the proposed action, and

(B) a reasonable time to answer orally and in writing and to

furnish affidavits and other documentary evidence in support

of the answer.

(d) Grievance procedures prescribed under subsection (a) shall include the following:

(1) A right to formal review by an impartial examiner within

the Department of Veterans Affairs, who, in the case of an adverse action arising from a question of professional conduct or

competence, shall be selected from the panel designated under

section 7464 of this title.

(2) A right to a prompt report of the findings and recommendations by the impartial examiner.

(3) A right to a prompt review of the examiner’s findings and

recommendations by an official of a higher level than the official who decided upon the action. That official may accept,

modify, or reject the examiner’s recommendations.

(e) In any review of an adverse action under the grievance procedures prescribed under subsection (a), the employee is entitled to

be represented by an attorney or other representative of the employee’s choice at all stages of the case.

(Added P.L. 102–40, § 203(a), May 7, 1991, 105 Stat. 205.)

§ 7464. Disciplinary Appeals Boards

(a) The Secretary shall from time to time appoint boards to hear

appeals of major adverse actions described in section 7462 of this

title. Such boards shall be known as Disciplinary Appeals Boards.

Each board shall consist of three employees of the Department,

each of whom shall be of the same grade as, or be senior in grade

to, the employee who is appealing an adverse action. At least two

of the members of each board shall be employed in the same category of position as the employee who is appealing the adverse action. Members of a board shall be appointed from individuals on

the panel established under subsection (d).

(b)(1) In appointing a board for any case, the Secretary shall designate one of the members to be chairman and one of the members

to be secretary of the board, each of whom shall have authority to

administer oaths.

(2) Appointment of boards, and the proceedings of such boards,

shall be carried out under regulations prescribed by the Secretary.

A verbatim record shall be maintained of board hearings.
§ 7464 CH. 74—VHA—PERSONNEL 748

(c)(1) Notwithstanding sections 5701 and 7332 of this title, the

chairman of a board, upon request of an employee whose case is

under consideration by the board (or a representative of that employee) may, in connection with the considerations of the board, review records or information covered by those sections and may authorize the disclosure of such records or information to that employee (or representative) to the extent the board considers appropriate for purposes of the proceedings of the board in that case.

(2) In any such case the board chairman may direct that measures be taken to protect the personal privacy of individuals whose

records are involved. Any person who uses or discloses a record or

information covered by this subsection for any purpose other than

in connection with the proceedings of the board shall be fined not

more than $5,000 in the case of a first offense and not more than

$20,000 in the case of a subsequent offense.

(d)(1) The Secretary shall provide for the periodic designation of

employees of the Department who are qualified to serve on Disciplinary Appeals Boards. Those employees shall constitute the panel

from which board members in a case are appointed. The Secretary

shall provide (without charge) a list of the names of employees on

the panel to any person requesting such list.

(2) The Secretary shall announce periodically, and not less often

than annually, that the roster of employees on the panel is available as described in paragraph (1). Such announcement shall be

made at Department medical facilities and through publication in

the Federal Register. Notice of a name being on the list must be

provided at least 30 days before the individual selected may serve

on a Board or as a grievance examiner. Employees, employee organizations, and other interested parties may submit comments to

the Secretary concerning the suitability for service on the panel of

any employee whose name is on the list.

(3) The Secretary shall provide training in the functions and duties of Disciplinary Appeals Boards and grievance procedures under

section 7463 of this title for employees selected to be on the panel.

(Added P.L. 102–40, § 203(a), May 7, 1991, 105 Stat. 206.)

SUBCHAPTER VI—REGIONAL MEDICAL EDUCATION

CENTERS

§ 7471. Designation of Regional Medical Education Centers

(a) In carrying out the Secretary’s functions under section 7302

of this title with regard to the training of health personnel, the

Secretary shall implement a program under which the Secretary

shall designate as Regional Medical Education Centers such Department hospitals as the Secretary determines appropriate to

carry out the provisions of this subchapter.

(b) Each Regional Medical Education Center (hereinafter in this

subchapter referred to as ‘‘Center’’) designated under subsection (a)

shall provide continuing medical and related education programs

for personnel eligible for training under this subchapter. Such programs shall include the following:

(1) The teaching of newly developed medical skills and the

use of newly developed medical technologies and equipment.

(2) Advanced clinical instruction.
749 CH. 74—VHA—PERSONNEL § 7474

(3) The opportunity for conducting clinical investigations.

(4) Clinical demonstrations in the use of new types of health

personnel and in the better use of the skills of existing health

personnel.

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

skills.

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

§ 7472. Supervision and staffing of Centers

(a) Centers shall be operated under the supervision of the Under

Secretary for Health and shall be staffed with personnel qualified

to provide the highest quality instruction and training in various

medical and health care disciplines.

(b) As a means of providing appropriate recognition to persons in

the career service of the Administration who possess outstanding

qualifications in a particular medical or health care discipline, the

Under Secretary for Health shall from time to time and for such

period as the Under Secretary for Health considers appropriate assign such persons to serve as visiting instructors at Centers.

(c) Whenever the Under Secretary for Health considers it necessary for the effective conduct of the program provided for under

this subchapter, the Under Secretary for Health may contract for

the services of highly qualified medical and health personnel from

outside the Department to serve as instructors at such Centers.

(Added P.L. 102–40, § 401(b)(5), May 7, 1991, 105 Stat. 237; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

§ 7473. Personnel eligible for training

(a) The Under Secretary for Health shall determine the manner

in which personnel are to be selected for training in the Centers.

Preference shall be given to career personnel of the Administration.

(b) To the extent that facilities are available medical and health

personnel from outside the Administration may, on a reimbursable

basis, be provided training in the Centers. Such reimbursement

may include reciprocal training of personnel of the Administration

provided under sharing arrangements entered into by the Under

Secretary for Health and the heads of the entities providing such

reciprocal training. Any amounts received by the United States as

reimbursement under this subsection shall be credited to the applicable Department medical appropriation account.

(Added P.L. 102–40, § 401(b)(5), May 7, 1991, 105 Stat. 237; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

§ 7474. Consultation

The Under Secretary for Health shall carry out this subchapter

after consultation with the special medical advisory group established pursuant to section 7312(a) of this title.

(Added P.L. 102–40, § 401(b)(5), May 7, 1991, 105 Stat. 238; amended P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)
(750)

CHAPTER 76—HEALTH PROFESSIONALS EDUCATIONAL

ASSISTANCE PROGRAM

SUBCHAPTER I—GENERAL

Sec.

7601. Establishment of program; purpose.

7602. Eligibility.

7603. Application and acceptance.

7604. Terms of agreement.

SUBCHAPTER II—SCHOLARSHIP PROGRAM

7611. Authority for program.

7612. Eligibility; application; agreement.

7613. Scholarship.

7614. Part-time students.

7615. Status of participants.

7616. Obligated service.

7617. Breach of agreement: liability.

7618. Expiration of program.

SUBCHAPTER III—TUITION REIMBURSEMENT PROGRAM

7621. Authority for program.

7622. Eligibility; application; agreement.

7623. Obligated service.

7624. Breach of agreement: liability.

7625. Allocation and distribution of funding.

SUBCHAPTER IV—ADMINISTRATIVE MATTERS

7631. Periodic adjustments in amount of assistance.

7632. Annual report.

7633. Regulations.

7634. Breach of agreement; waiver of liability.

7635. Service in other agencies.

7636. Exemption of educational assistance payments from taxation.

SUBCHAPTER V—STIPEND PROGRAM FOR MEMBERS OF THE SELECTED RESERVE

7651. Authority for program.

7652. Eligibility: individuals entitled to benefits under the GI Bill program for

members of the Selected Reserve.

7653. Amount of assistance.

7654. Obligated service.

7655. Breach of agreement; liability.

SUBCHAPTER VI—EMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM

7671. Authority for program.

7672. Eligibility; agreement.

7673. Scholarship.

7674. Obligated service.

7675. Breach of agreement: liability.

[7676. Repealed.]

SUBCHAPTER VII—EDUCATION DEBT REDUCTION PROGRAM

7681. Authority for program.

7682. Eligibility.

7683. Education debt reduction.

[7684. Repealed.]
751 CH. 76—HEALTH PROFESSIONALS ED. ASST. § 7603

SUBCHAPTER I—GENERAL

§ 7601. Establishment of program; purpose

(a) There is hereby established a program to be known as the Department of Veterans Affairs Health Professionals Educational Assistance Program (hereinafter in this chapter referred to as the

‘‘Educational Assistance Program’’). The program consists of— (1) the scholarship program provided for in subchapter II of

this chapter;

(2) the tuition reimbursement program provided for in subchapter III of this chapter;

(3) the Selected Reserve member stipend program provided

for under subchapter V of this chapter;

(4) the employee incentive scholarship program provided for

in subchapter VI of this chapter; and

(5) the education debt reduction program provided for in subchapter VII of this chapter.

(b) The purpose of the Educational Assistance Program is to assist in providing an adequate supply of trained health-care personnel for the Department and the Nation.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 518, § 4301; amended P.L.

101–366, § 205(c)(1), Aug. 15, 1990, 104 Stat. 441; renumbered § 7601, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(a)(2)(B)(vi), (3), (4), Aug. 6,

1991, 105 Stat. 403, 404; P.L. 103–446, § 1201(e)(25), Nov. 2, 1994, 108 Stat. 4686;

P.L. 105–368, § 805(1), Nov. 11, 1998, 112 Stat. 3358.)

§ 7602. Eligibility

(a)(1) To be eligible to participate in the Educational Assistance

Program under subchapter II, III, or VI of this chapter, an individual must be accepted for enrollment or be currently enrolled as

a student at a qualifying educational institution in a course of education or training that is approved by the Secretary and that leads

toward completion of a degree in a field of education or training for

which a scholarship may be awarded under subchapter II of this

chapter, for which tuition reimbursement may be provided under

subchapter III of this chapter, or for which a scholarship may be

awarded under subchapter VI of this chapter, as the case may be.

(2) A qualifying educational institution for purposes of this section is an educational institution that is in a State and that (as determined by the Secretary) is an accredited institution.

(b) An individual is not eligible to apply to participate in the

Educational Assistance Program under subchapter II, III, or VI of

this chapter if the individual is obligated under any other Federal

program to perform service after completion of the course of education or training of such individual referred to in subsection (a) of

this section.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 518, § 4302; amended P.L.

101–366, § 205(c)(2), Aug. 15, 1990, 104 Stat. 441; renumbered § 7602, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991,

105 Stat. 404, 405; P.L. 105–368, § 805(2), Nov. 11, 1998, 112 Stat. 3358.)

§ 7603. Application and acceptance

(a)(1) To apply to participate in the Educational Assistance Program under subchapter II, III, V, or VI of this chapter, an individual shall submit to the Secretary an application for such partici-
§ 7603 CH. 76—HEALTH PROFESSIONALS ED. ASST. 752

pation together with an agreement described in section 7604 of this

title under which the participant agrees to serve a period of obligated service in the Veterans Health Administration as provided in

the agreement in return for payment of educational assistance as

provided in the agreement.

(2) To apply to participate in the Educational Assistance Program under subchapter VII of this chapter, an individual shall submit to the Secretary an application for such participation.

(b)(1) An individual becomes a participant in the Educational Assistance Program upon the Secretary’s approval of the individual’s

application and the Secretary’s acceptance of the agreement (if required).

(2) Upon the Secretary’s approval of an individual’s participation

in the program, the Secretary shall promptly notify the individual

of that approval. Such notice shall be in writing.

(c)(1) In distributing application forms and agreement forms to

individuals desiring to participate in the Educational Assistance

Program, the Secretary shall include with such forms the following:

(A) A fair summary of the rights and liabilities of an individual whose application is approved (and whose agreement is

accepted, by the Secretary, including a clear explanation of the

damages to which the United States is entitled if the individual breaches the agreement.

(B) A full description of the terms and conditions that apply

to participation in the Educational Assistance Program and

service in the Veterans Health Administration.

(2) The Secretary shall make such application forms and other

information available to individuals desiring to participate in the

Educational Assistance Program on a date sufficiently early to

allow such individuals adequate time to prepare and submit such

forms.

(d) In selecting applicants for acceptance in the Educational Assistance Program, the Secretary shall give priority to the applications of individuals who have previously received educational assistance under the program and have not completed the course of

education or training undertaken under such program.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 518, § 4303; renumbered

§ 7603 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239;

P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 103–446,

§ 1201(b)(1), Nov. 2, 1994, 108 Stat. 4682; P.L. 105–368, § 805(3), Nov. 11, 1998, 112

Stat. 3359; P.L. 106–419, § 404(a)(10), Nov. 1, 2000, 114 Stat. 1865.)

§ 7604. Terms of agreement

An agreement between the Secretary and a participant in the

Educational Assistance Program shall be in writing, shall be signed

by the participant, and shall include the following provisions:

(1) The Secretary’s agreement—

(A) to provide the participant with educational assistance as authorized in subchapter II, III, V, or VI of this

chapter and specified in the agreement; and

(B) to afford the participant the opportunity for employment in the Veterans Health Administration (subject to

the availability of appropriated funds for such purpose and
753 CH. 76—HEALTH PROFESSIONALS ED. ASST. § 7612

other qualifications established in accordance with section

7402 of this title).

(2) The participant’s agreement— (A) to accept such educational assistance;

(B) to maintain enrollment and attendance in the course

of training until completed;

(C) while enrolled in such course, to maintain an acceptable level of academic standing (as determined by the educational institution offering such course of training under

regulations prescribed by the Secretary); and

(D) after completion of the course of training, to serve as

a full-time employee in the Veterans Health Administration as specified in the agreement in accordance with subchapter II, III, V, or VI of this chapter.

(3) A provision that any financial obligation of the United

States arising out of an agreement entered into under this

chapter, and any obligation of the participant which is conditioned on such agreement, is contingent upon funds being appropriated for educational assistance under this chapter.

(4) A statement of the damages to which the United States

is entitled under this chapter for the participant’s breach of the

agreement.

(5) Such other terms as are required to be included in the

agreement under subchapter II, III, V, or VI of this chapter or

as the Secretary may require consistent with the provisions of

this chapter.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 519, § 4304; amended P.L.

101–366, § 205(c)(3), Aug. 15, 1990, 104 Stat. 441; renumbered § 7604 and amended

P.L. 102–40, §§ 402(b)(1), 403(b)(3), May 7, 1991, 105 Stat. 238, 239; P.L. 102–83,

§ 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 103–446, § 1201(b)(1), (e)(26),

Nov. 2, 1994, 108 Stat. 4682, 4686; P.L. 105–368, § 805(4), Nov. 11, 1998, 112 Stat.

3359.)

SUBCHAPTER II—SCHOLARSHIP PROGRAM

§ 7611. Authority for program

As part of the Educational Assistance Program, the Secretary

shall carry out a scholarship program under this subchapter. The

program shall be known as the Department of Veterans Affairs

Health Professional Scholarship Program (hereinafter in this chapter referred to as the ‘‘Scholarship Program’’).

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 520, § 4311; renumbered

§ 7611, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83,

§ 4(a)(2)(B)(vi), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

§ 7612. Eligibility; application; agreement

(a)(1) Except as provided in paragraph (2) of this subsection, an

individual must be accepted for enrollment or be enrolled (as described in section 7602 of this title) as a full-time student to be eligible to participate in the Scholarship Program.

(2) An individual who is an eligible Department employee may

be accepted as a participant if accepted for enrollment or enrolled

(as described in section 7602 of this title) for study on less than a

full-time but not less than a half-time basis. (Such a participant is

hereinafter in this subchapter referred to as a ‘‘part-time student’’.)
§ 7612 CH. 76—HEALTH PROFESSIONALS ED. ASST. 754

(3) For the purposes of paragraph (2) of this subsection, an eligible Department employee is a full-time Department employee who

is permanently assigned to a Department health-care facility on

the date on which the individual submits the application referred

to in section 7603 of this title and on the date on which the individual becomes a participant in the Scholarship Program.

(b)(1) A scholarship may be awarded under this subchapter only

in a qualifying field of education or training.

(2) A qualifying field of education or training for purposes of this

subchapter is education or training leading to employment (under

section 7401 of this title) as any of the following:

(A) A physician, dentist, podiatrist, optometrist, nurse, physician assistant, or expanded function dental auxiliary.

(B) A psychologist described in section 7401(3) of this title or

a certified or registered respiratory therapist, licensed physical

therapist, or licensed practical or vocational nurse.

(3) The Secretary may designate additional fields of education or

training as qualifying fields of education or training if the education or training leads to employment in a position which would

qualify the individual for increased basic pay under subsection

(a)(1) of section 7455 of this title for personnel described in subsection (a)(2)(B) of such section.

(4) Before awarding the initial scholarship in a course of education or training other than medicine or nursing, the Secretary

shall notify the Committees on Veterans’ Affairs of the Senate and

House of Representatives of the Secretary’s intent to award a scholarship in such course of education or training. The notice shall include a statement of the reasons why the award of scholarships in

that course of education or training is necessary to assist in providing the Department with an adequate supply of personnel in the

health profession concerned. Any such notice shall be given not less

than 60 days before the first such scholarship is awarded.

(5) In selecting applicants for the Scholarship Program, the

Secretary— (A) shall give priority to applicants who will be entering

their final year in a course of training; and

(B) shall ensure an equitable allocation of scholarships to

persons enrolled in the second year of a program leading to an

associate degree in nursing.

(c)(1) An agreement between the Secretary and a participant in

the Scholarship Program shall (in addition to the requirements set

forth in section 7604 of this title) include the following:

(A) The Secretary’s agreement to provide the participant

with a scholarship under this subchapter for a specified number (from one to four) of school years during which the participant is pursuing a course of education or training described in

section 7602 of this title.

(B) The participant’s agreement to serve as a full-time employee in the Veterans Health Administration for a period of

time (hereinafter in this subchapter referred to as the ‘‘period

of obligated service’’) of one calendar year for each school year

or part thereof for which the participant was provided a scholarship under the Scholarship Program, but for not less than

two years.
755 CH. 76—HEALTH PROFESSIONALS ED. ASST. § 7614

(2) In a case in which an extension is granted under section

7614(3) of this title, the number of years for which a scholarship

may be provided under this subchapter shall be the number of

school years provided for as a result of the extension.

(3) In the case of a participant who is a part-time student— (A) the period of obligated service shall be reduced in accordance with the proportion that the number of credit hours carried by such participant in any such school year bears to the

number of credit hours required to be carried by a full-time

student in the course of training being pursued by the participant, but in no event to less than one year; and

(B) the agreement shall include the participant’s agreement

to maintain employment, while enrolled in such course of education or training, as a Department employee permanently assigned to a Department health-care facility.

(4) If a participant’s period of obligated service is deferred under

section 7616(b)(3)(A)(i) of this title, the agreement terms under

paragraph (1) of this subsection shall provide for the participant to

serve any additional period of obligated service that is prescribed

by the Secretary under section 7616(b)(4)(B) of this title.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 520, § 4312; amended P.L.

101–237, § 207(a), Dec. 18, 1989, 103 Stat. 2068; renumbered § 7612 and amended

P.L. 102–40, §§ 402(b)(1), (d)(1), 403(b)(4), May 7, 1991, 105 Stat. 238, 239; P.L.

102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 102–405,

§ 202(a), Oct. 9, 1992, 106 Stat. 1983; P.L. 103–446, § 1201(b)(1), Nov. 2, 1994, 108

Stat. 4682.)

§ 7613. Scholarship

(a) A scholarship provided to a participant in the Scholarship

Program for a school year under the Scholarship Program shall

consist of payment of the tuition of the participant for that school

year, payment of other reasonable educational expenses (including

fees, books, and laboratory expenses) for that school year, and a stipend determined under subsection (b) of this section.

(b) A stipend under this section for a school year shall be pay- ment to the participant of not in excess of $485 per month (adjusted in accordance with section 7631 of this title) for each of the

12 consecutive months beginning with the first month of the school

year, except that a stipend may not be paid to a participant who

is a full-time employee of the Department. The stipend of a participant who is a part-time student shall be adjusted as provided in

sections 7614(1) an 7614(2) of this title.

(c) The Secretary may arrange with an educational institution in

which a participant in the Scholarship Program is enrolled for the

payment to the educational expenses described in subsection (a) of

this section. Such payments may be made without regard to subsections (a) and (b) of section 3324 of title 31.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 521, § 4313; renumbered

§ 7613 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239;

P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 7614. Part-time students

In the case of a participant who is a part-time student—

(1) the maximum amount of the stipend payable to the participant shall be reduced in accordance with the proportion
§ 7614 CH. 76—HEALTH PROFESSIONALS ED. ASST. 756

that the number of credit hours carried by such participant

bears to the number of credit hours required to be carried by

a full-time student in the course of education or training being

pursued by the participant;

(2) a stipend may not be paid for any month during which

the participant is not actually attending the course of training

in which the participant is enrolled; and

(3) the Secretary may extend the period for which a scholarship may be awarded to the participant to a maximum of six

school years if the Secretary determines that the extension

would be in the best interest of the United States.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 522, § 4314; renumbered

§ 7614, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83,

§ 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 7615. Status of participants

Participants in the Scholarship Program shall not by reason of

their participation in such program (1) be considered to be employees of the Federal Government, or (2) be counted against any personnel ceiling affecting the Veterans Health Administration.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 522, § 4315; renumbered

§ 7615, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 103–446,

§ 1201(b)(1), Nov. 2, 1994, 108 Stat. 4682.)

§ 7616. Obligated service

(a) Each participant in the Scholarship Program shall provide

service as a full-time employee of the Department for the period of

obligated service provided in the agreement of the participant entered into under section 7603 of this title. Such service shall be

provided in the full-time clinical practice of such participant’s profession or in another health-care position in an assignment or location determined by the Secretary.

(b)(1) Not later than 60 days before the participant’s service commencement date, the Secretary shall notify the participant of that

service commencement date. That date is the date for the beginning of the participant’s period of obligated service.

(2) As soon as possible after the participant’s service commencement date, the Secretary shall—

(A) in the case of a participant who is not a full-time employee in the Veterans Health Administration, appoint such

participant as such an employee; and

(B) in the case of a participant who is an employee in the

Veterans Health Administration but is not serving in a position for which such participant’s course of education or training

prepared such participant, assign such participant to such a

position.

(3)(A)(i) In the case of a participant receiving a degree from a

school of medicine, osteopathy, dentistry, optometry, or podiatry,

the participant’s service commencement date is the date upon

which the participant becomes licensed to practice medicine, osteopathy, dentistry, optometry, or podiatry, as the case may be, in a

State. However, the Secretary may, at the request of such participant, defer such date until the end of the period of time required

for the participant to complete an internship or residency or other
757 CH. 76—HEALTH PROFESSIONALS ED. ASST. § 7616

advanced clinical training. If the participant requests such a deferral, the Secretary shall notify the participant that such deferral

could lead to an additional period of obligated service in accordance

with paragraph (4) of this subsection.

(ii) No such period of internship or residency or other advanced

clinical training shall be counted toward satisfying a period of obligated service under this subchapter.

(B) In the case of a participant receiving a degree from a school

of nursing, the participant’s service commencement date is the

later of (i) the participant’s course completion date, or (ii) the date

upon which the participant becomes licensed as a registered nurse

in a State.

(C) In the case of a participant not covered by subparagraph (A)

or (B) of this paragraph, the participant’s service commencement

date is the later of (i) the participant’s course completion date, or

(ii) the date the participant meets any applicable licensure or certification requirements.

(4) A participant whose period of obligated service is deferred

under paragraph (3)(A) of this subsection shall be required to undertake internship or residency or other advanced clinical training

in an accredited program in an educational institution which is an

affiliated institution (as defined in section 7423(d)(1) of this title)

and with respect to which the affiliation agreement provides that

all or part of the internship or residency or other advanced clinical

training will be undertaken in a Department health-care facility.

Such a participant may, at the discretion of the Secretary and upon

the recommendation of the Under Secretary for Health, incur an

additional period of obligated service—

(A) at the rate of one-half of a calendar year for each year

of internship or residency or other advanced clinical training

(or a proportionate ratio thereof), if the internship, residency,

or advanced clinical training is in a medical specialty necessary to meet the health-care requirements of the Department

(as determined under regulations prescribed by the Secretary);

or

(B) at the rate of three-quarters of a calendar year for each

year of internship or residency or other advanced clinical training (or a proportionate ratio thereof), if the internship, residency, or advanced clinical training is not in a medical specialty necessary to meet the health-care requirements of the

Department (as determined under regulations prescribed by

the Secretary).

(5) The Secretary shall by regulation prescribe the service commencement date for participants who were part-time students.

Such regulations shall prescribe terms as similar as practicable to

the terms set forth in paragraph (3) of this subsection.

(c)(1) Except as provided in paragraph (2) of this subsection, a

participant in the Scholarship Program shall be considered to have

begun serving such participant’s period of obligated service—

(A) on the date, after such participant’s course completion

date, on which such participant (in accordance with subsection

(b) of this section) is appointed under this chapter as a fulltime employee in the Veterans Health Administration; or
§ 7616 CH. 76—HEALTH PROFESSIONALS ED. ASST. 758

(B) if the participant is a full-time employee in the Veterans

Health Administration on such course completion date, on the

date thereafter on which such participant is assigned to a position for which such participant’s course of training prepared

such participant.

(2) A participant in the Scholarship Program who on such participant’s course completion date is a full-time employee in the Veterans Health Administration serving in a capacity for which such

participant’s course of training prepared such participant shall be

considered to have begun serving such participant’s period of obligated service on such course completion date.

(3) For the purposes of this section, the term ‘‘course completion

date’’ means the date on which a participant in the Scholarship

Program completes such participant’s course of education or training under the program.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 522, § 4316; renumbered

§ 7616 and amended P.L. 102–40, §§ 402(b)(1), (d)(1), 403(b)(5), May 7, 1991, 105

Stat. 238–240; P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404,

405; P.L. 102–405, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 103–446,

§ 1201(b)(1), Nov. 2, 1994, 108 Stat. 4682.)

§ 7617. Breach of agreement: liability

(a) A participant in the Scholarship Program (other than a participant described in subsection (b) of this section) who fails to accept payment, or instructs the educational institution in which the

participant is enrolled not to accept payment, in whole or in part,

of a scholarship under the agreement entered into under section

7603 of this title shall be liable to the United States for liquidated

damages in the amount of $1,500. Such liability is in addition to

any period of obligated service or other obligation or liability under

the agreement.

(b) A participant in the Scholarship Program shall be liable to

the United States for the amount which has been paid to or on behalf of the participant under the agreement if any or the following

occurs:

(1) The participant fails to maintain an acceptable level of

academic standing in the educational institution in which the

participant is enrolled (as determined by the educational institution under regulations prescribed by the Secretary).

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

(3) The participant voluntarily terminates the course of

training in such educational institution before the completion

of such course of training.

(4) The participant fails to become licensed to practice medicine, osteopathy, dentistry, podiatry, or optometry in a State,

fails to become licensed as a registered nurse in a State, or

fails to meet any applicable licensure requirement in the case

of any other health-care personnel who provide either direct

patient-care services or services incident to direct patient-care

services, during a period of time determined under regulations

prescribe by the Secretary.

(5) In the case of a participant who is a part-time student,

the participant fails to maintain employment, while enrolled in
759 CH. 76—HEALTH PROFESSIONALS ED. ASST. § 7621

the course of training being pursued by such participant, as a

Department employee permanently assigned to a Department

health-care facility.

Liability under this subsection is in lieu of any service obligation

arising under the participant’s agreement.

(c)(1) If a participant in the Scholarship Program breaches the

agreement by failing (for any reason) to complete such participant’s

period of obligated service, the United States shall be entitled to

recover from the participant an amount determined in accordance

with the following formula:

A=3Φ (

t¥s

)

t

In such formula:

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

(B) ‘‘Φ’’ is the sum of (i) the amounts paid under this subchapter to or on behalf of the participant, and (ii) the interest

on such amounts which would be payable if at the time the

amounts were paid they were loans bearing interest at the

maximum legal prevailing rate, as determined by the Treasurer of the United States.

(C) ‘‘t’’ is the total number of months in the participant’s period of obligated service, including any additional period of obligated service in accordance with section 7616(b)(4) of this

title.

(D) ‘‘s’’ is the number of months of such period served by the

participant in accordance with section 7613 of this title.

(2) Any amount of damages which the United States is entitled

to recover under this section shall be paid to the United States

within the one-year period beginning on the date of the breach of

the agreement.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 524, § 4317; renumbered

§ 7617 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239;

P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 7618. Expiration of program

The Secretary may not furnish scholarships to new participants

in the Scholarship Program after December 31, 1998.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 525, § 4318; renumbered

§ 7618, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83,

§ 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 102–585, § 523(a), Nov. 4,

1992, 106 Stat. 4959; P.L. 104–110, § 101(j), Feb. 13, 1996, 110 Stat. 769; P.L. 105–

114, § 207(a), Nov. 21, 1997, 111 Stat. 2289.)

SUBCHAPTER III—TUITION REIMBURSEMENT PROGRAM

§ 7621. Authority for program

As part of the Educational Assistance Program, the Secretary

shall carry out a tuition reimbursement program under this subchapter. The program shall be known as the Department of Vet-
§ 7621 CH. 76—HEALTH PROFESSIONALS ED. ASST. 760

erans Affairs Nurse Education Tuition Reimbursement Program

(hereinafter in this chapter referred to as the ‘‘Tuition Reimbursement Program’’).

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 525, § 4321; renumbered

§ 7621, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83,

§ 4(a)(2)(B)(vi), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

§ 7622. Eligibility; application; agreement

(a) To be eligible to participate in the Tuition Reimbursement

Program, an individual must be a full-time employee in the Department permanently assigned to a Department health-care facility

and must be enrolled in a course of training offered by an institution approved by the Secretary leading toward completion of (1) an

associate or higher degree in nursing, or (2) a masters degree or

doctoral degree in nursing.

(b) In selecting applicants for acceptance in the Tuition Reimbursement Program, the Secretary (in addition to according priorities as set forth in section 7603(d) of this title) shall give special

consideration and emphasis to individuals pursuing a course of

study which will expedite an increase in the number of registered

nurses employed by the Department. The Secretary shall then give

priority, in the following order, to— (1) individuals who have been employed as full-time employees in the Nursing Service in the Veterans Health Administration; and

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

(c) An agreement between the Secretary and a participant in the

Tuition Reimbursement Program shall (in addition to the requirements set forth in section 7604 of this title) contain the following:

(1) The Secretary’s agreement to provide the participant with

tuition reimbursement following successful completion (as determined, pursuant to regulations prescribed by the Secretary,

by the educational institution involved) of (A) a course or

courses required for the course of study described in subsection

(a) of this section, or (B) a course or courses taken as necessary

prerequisites for degree program enrollment if a letter regarding the potential enrollment of the participant from an appropriate official of the institution involved includes a statement

specifying such prerequsites.

(2) The participant’s agreement—

(A) to maintain employment, while enrolled in the

course of training being pursued by such participant, as a

full-time Department employee in the Veterans Health Administration permanently assigned to a Department

health-care facility; and

(B) to continue to serve as a full-time employee in the

Veterans Health Administration for one year (hereinafter

in this subchapter referred to as the ‘‘period of obligated

service’’) after completion of the course for which the participant received tuition reimbursement.

(d) Tuition reimbursement provided to a participant in the Tuition Reimbursement Program may not exceed $2,000 per year (adjusted in accordance with section 7631 of this title).
761 CH. 76—HEALTH PROFESSIONALS ED. ASST. § 7624

(e) The Secretary may arrange with an educational institution

pursuant to which such an institution would provide a course or

courses at a Department health-care facility to participants in the

Tuition Reimbursement Program. Under such an arrangement, the

Secretary may agree to pay to the institution an amount not in excess of an amount determined by multiplying the number of participants in such a course by the amount of tuition reimbursement

each participant would receive for enrolling and successfully completing such course.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 525, § 4322; renumbered

§ 7622 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239;

P.L. 102–54, § 14(e)(9), June 13, 1991, 105 Stat. 287; P.L. 102–83, § 4(a)(3), (4),

(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 103–446, § 1201(b), Nov. 2, 1994,

108 Stat. 4682.)

§ 7623. Obligated service

(a) Each participant in the Tuition Reimbursement Program

shall provide service in the full-time clinical practice of such participant’s profession as a full-time employee of the Department for

the period of obligated service provided in the agreement of such

participant entered into under section 7603 of this title.

(b) A participant who on such participant’s course completion

date is a full-time employee in the Veterans Health Administration

shall be considered to have begun serving such participant’s period

of obligated service on the course completion date.

(c) Except in the case of a participant whose tuition was paid

pursuant to section 7622(e) of this title, if a participant in the Tuition Reimbursement Program fails to successfully complete a

course, no reimbursement will be provided and no period of obligated service will be incurred.

(d) In the case of a participant whose tuition was paid pursuant

to section 7622(e) of this title and who fails to complete the course

involved, the period of obligation shall be of the same duration as

it would have been if the participant had successfully completed

the course and the course completion date shall be considered to be

the date on which the participant’s failure becomes an established

fact.

(e) For the purposes of this section, the term ‘‘course completion

date’’ means the date on which a participant in the Tuition Reimbursement Program completes such participant’s course of training

under the program.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 526, § 4323; amended P.L.

100–687, § 1503(a)(3), Nov. 18, 1988, 102 Stat. 4134; renumbered § 7623 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–83,

§ 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404; P.L. 103–446, § 1201(b)(1), Nov. 2, 1994,

108 Stat. 4682.)

§ 7624. Breach of agreement: liability

(a) A participant in the Tuition Reimbursement Program who

fails to maintain employment as a Department employee permanently assigned to a Department health-care facility—

(1) may not be provided reimbursement for tuition for the

course or courses in which the participant is enrolled; and

(2) in lieu of any service obligation arising from participation

in the program, shall be liable to the United States for the
§ 7624 CH. 76—HEALTH PROFESSIONALS ED. ASST. 762

amount which has been paid or is payable to or on behalf of

the participant under the agreement, reduced by the proportion that the number of days served for completion of the service obligation bears to the total number of days in the participant’s period of obligated service.

(b) Any amount of damages which the United States is entitled

to recover under this section shall be paid to the United States

within the one-year period beginning on the date of the breach of

the agreement.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 527, § 4324; amended P.L.

100–687, § 1503(a)(4), Nov. 18, 1988, 102 Stat. 4134; renumbered § 7624, P.L. 102–

40, § 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(a)(3), (4), Aug. 6, 1991,

105 Stat. 404.)

§ 7625. Allocation and distribution of funding

In determining the amount of funding to allocate to Department

health-care facilities for any fiscal year in connection with the Tuition Reimbursement Program, the Secretary shall take into account

(1) the personnel ceiling for the fiscal year for nursing personnel,

and (2) the recruitment and retention needs of such facilities, as

determined by the Secretary.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 527, § 4325; renumbered

§ 7625, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83,

§ 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

SUBCHAPTER IV—ADMINISTRATIVE MATTERS

§ 7631. Periodic adjustments in amount of assistance

(a)(1) Whenever there is a general Federal pay increase, the Secretary shall increase the maximum monthly stipend amount, the

maximum tuition reimbursement amount, the maximum Selected

Reserve member stipend amount, the maximum employee incentive

scholarship amount, and the maximum education debt reduction

payments amount. Any such increase shall take effect with respect

to any school year that ends in the fiscal year in which the pay increase takes effect.

(2) The amount of any increase under paragraph (1) of this subsection is the previous maximum amount under that paragraph

multiplied by the overall percentage of the adjustment in the rates

of pay under the General Schedule made under the general Federal

pay increase. Such amount shall be rounded to the next lower multiple of $1.

(b) For purposes of this section:

(1) The term ‘‘maximum monthly stipend amount’’ means the

maximum monthly stipend that may be paid to a participant

in the Scholarship Program specified in section 7613(b) of this

title and as previously adjusted (if at all) in accordance with

this section.

(2) The term ‘‘maximum tuition reimbursement amount’’

means the maximum amount of tuition reimbursement provided to a participant in the Tuition Reimbursement Program

specified in section 7622(e) of this title and as previously adjusted (if at all) in accordance with this section.
763 CH. 76—HEALTH PROFESSIONALS ED. ASST. § 7632

(3) The term ‘‘maximum Selected Reserve member stipend

amount’’ means the maximum amount of assistance provided

to a person receiving assistance under subchapter V of this

chapter, as specified in section 7653 of this title and as previously adjusted (if at all) in accordance with this section.

(4) The term ‘‘maximum employee incentive scholarship

amount’’ means the maximum amount of the scholarship payable to a participant in the Department of Veterans Affairs

Employee Incentive Scholarship Program under subchapter VI

of this chapter, as specified in section 7673(b)(1) of this title

and as previously adjusted (if at all) in accordance with this

section.

(5) The term ‘‘maximum education debt reduction payments

amount’’ means the maximum amount of education debt reduction payments payable to a participant in the Department of

Veterans Affairs Education Debt Reduction Program under

subchapter VII of this chapter, as specified in section

7683(d)(1) of this title and as previously adjusted (if at all) in

accordance with this section.

(6) The term ‘‘general Federal pay increase’’ means an adjustment (if an increase) in the rates of pay under the General

Schedule under subchapter III of chapter 53 of title 5.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 528, § 4331; amended P.L.

101–366, § 205(b), Aug. 15, 1990, 104 Stat. 441; renumbered § 7631 and amended

P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–54,

§ 14(e)(10), June 13, 1991, 105 Stat. 287; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991,

105 Stat. 404, 405; P.L. 107–135, §§ 101(f), (g), 102(d)(1), Jan. 23, 2002, 115 Stat.

2448, 2449.)

§ 7632. Annual report

Not later than March 1 of each year, the Secretary shall submit

to Congress a report on the Educational Assistance Program. Each

such report shall include the following information:

(1) The number of students receiving educational assistance

under the Educational Assistance Program, showing the numbers of students receiving assistance under the Scholarship

Program, the Tuition Reimbursement Program, the Employee

Incentive Scholarship Program, and the Education Debt Reduction Program separately, and the number of students (if any)

enrolled in each type of health profession training under each

program.

(2) The education institutions (if any) providing such training to students in each program.

(3) The number of applications filed under each program, by

health profession category, during the school year beginning in

such year and the total number of such applications so filed for

all years in which the Educational Assistance Program (or

predecessor program) has been in existence.

(4) The average amounts of educational assistance provided

per participant in the Scholarship Program, per participant in

the Tuition Reimbursement Program, per participant in the

Employee Incentive Scholarship Program, and per participant

in the Education Debt Reduction Program.

(5) The amount of tuition and other expenses paid, by health

profession category, in the aggregate and at each educational
§ 7632 CH. 76—HEALTH PROFESSIONALS ED. ASST. 764

institution for the school year beginning in such year and for

prior school years.

(6) The number of scholarships accepted, by health profession category, during the school year beginning in such year

and the number, by health profession category, which were offered and not accepted.

(7) The number of participants who complete a course or

course of training in each program each year and for all years

that such program (or predecessor program) has been in existence.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 528, § 4332; renumbered

§ 7632, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83,

§ 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 105–368, § 805(5), Nov. 11,

1998, 112 Stat. 3359.)

§ 7633. Regulations

The Secretary shall prescribe regulations to carry out the Educational Assistance Program.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 529, § 4333; renumbered

§ 7633, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83,

§ 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 7634. Breach of agreement; waiver of liability

(a) An obligation under the Educational Assistance Program (or

an agreement under the program) of a participant in the Educational Assistance Program for performance of services or payment of damages is canceled upon the death of the participant.

(b) The Secretary shall prescribe regulations providing for the

waiver of suspension of any obligation of a participant for service

or payment under the Educational Assistance Program (or an

agreement under the program) whenever noncompliance by the

participant is due to circumstances beyond the control of the participant or whenever the Secretary determines that the waiver or suspension of compliance is in the best interest of the United States.

(c) An obligation of a participant under the Educational Assistance Program (or an agreement thereunder) for payment of damages may not be released by a discharge in bankruptcy under title

11 before the expiration of the five-year period beginning on the

first date the payment of such damages is due.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 529, § 4334; renumbered

§ 7634, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83,

§ 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 7635. Service in other agencies

(a) The Secretary, with the consent of the participant or individual involved and the consent of the head of the department or

agency involved, may permit—

(1) a period of obligated service required under this chapter

to be performed in the Veterans Health Administration to be

performed in another Federal department or agency or in the

Armed Forces in lieu of performance of such service in the Veterans Health Administration; and

(2) a period of obligated service required to be performed in

another Federal department or agency or in the Armed Forces
765 CH. 76—HEALTH PROFESSIONALS ED. ASST. § 7653

under another Federal health personnel educational assistance

program to be performed in the Veterans Health Administration.

(b) This section shall be carried out in cooperation with the heads

of other appropriate departments and agencies.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 529, § 4335; renumbered

§ 7635, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83,

§ 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 103–446, § 1201(b)(1), Nov.

2, 1994, 108 Stat. 4682.)

§ 7636. Exemption of educational assistance payments from

taxation

Notwithstanding any other law, any payment to, or on behalf of

a participant in the Educational Assistance Program, for tuition,

education expenses, a stipend, or education debt reduction under

this chapter shall be exempt from taxation.

(Added P.L. 100–322, § 216(b), May 20, 1988, 102 Stat. 529, § 4336; renumbered

§ 7636, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 105–368,

§ 805(6), Nov. 11, 1998, 112 Stat. 3359.)

SUBCHAPTER V—STIPEND PROGRAM FOR MEMBERS OF

THE SELECTED RESERVE

§ 7651. Authority for program

(a) As part of the Educational Assistance Program, the Secretary

of Veterans Affairs may select qualified individuals to receive assistance under this subchapter.

(b) To be eligible to receive assistance under this subchapter, an

individual must be accepted for enrollment or be enrolled as a fulltime student at a qualifying educational institution in a course of

education or training that is approved by the Secretary and that

leads toward completion of a degree in a health profession involving direct patient care or care incident to direct patient care.

(Added P.L. 101–366, § 205(a)(1), Aug. 15, 1990, 104 Stat. 439, § 4351; renumbered

§ 7651, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238.)

§ 7652. Eligibility: individuals entitled to benefits under the

GI Bill program for members of the Selected Reserve

The Secretary of Veterans Affairs may not approve an application under section 7603 of this title of an individual applying to receive assistance under this subchapter unless—

(1) the individual is entitled to benefits under chapter 106 of

title 10; and

(2) the score of the individual on the Armed Forces Qualification Test was above the 50th percentile.

(Added P.L. 101–366, § 205(a)(1), Aug. 15, 1990, 104 Stat. 440, § 4352; renumbered

§ 7652 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238,

239.)

§ 7653. Amount of assistance

The Secretary may pay to a person selected to receive assistance

under this subchapter the amount of $400 (adjusted in accordance

with section 7631 of this title) for each month of the person’s en-
§ 7671 CH. 76—HEALTH PROFESSIONALS ED. ASST. 766

rollment in a program of education or training covered by the

agreement of the person entered into under section 7603 of this

title. Payment of such benefits for any period shall be coordinated

with any payment of benefits for the same period under chapter

106 of title 10.

(Added P.L. 101–366, § 205(a)(1), Aug. 15, 1990, 104 Stat. 440, § 4353; renumbered

§ 7653 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238,

239.)

§ 7654. Obligated service

A person receiving assistance under this subchapter shall provide

service in the full-time clinical practice of the person’s profession

as a full-time employee of the Department for the period of obligated service provided in the agreement of such person entered

into under section 7603 of this title.

(Added P.L. 101–366, § 205(a)(1), Aug. 15, 1990, 104 Stat. 440, § 4354; renumbered

§ 7654 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238,

239.)

§ 7655. Breach of agreement; liability

(a)(1) Subject to paragraph (2), an individual who is receiving or

has received a reserve member stipend under this subchapter and

who fails to perform the service for which the individual is obligated under section 7654 of this title shall be liable to the United

States in an amount determined in accordance with section

7617(c)(1) of this title.

(2) An individual who, as a result of performing active duty (including active duty for training), is unable to perform the service

for which the individual is obligated under section 7654 of this title

shall be permitted to perform that service upon completion of the

active duty service (or active duty for training). The Secretary may,

by regulation, waive the requirement for the performance of the

service for which the individual is obligated under section 7654 of

this title in any case in which the Secretary determines that the

individual is unable to perform the service for reasons beyond the

control of the individual or in any case in which the waiver would

be in the best interest of the individual and the United States.

(b) Any amount owed the United States under subsection (a) of

this section shall be paid to the United States during the one-year

period beginning on the date of the breach of the agreement.

(Added P.L. 101–366, § 205(a)(1), Aug. 15, 1990, 104 Stat. 440, § 4355; renumbered

§ 7655 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238,

239.)

SUBCHAPTER VI—EMPLOYEE INCENTIVE SCHOLARSHIP

PROGRAM

§ 7671. Authority for program

As part of the Educational Assistance Program, the Secretary

may carry out a scholarship program under this subchapter. The

program shall be known as the Department of Veterans Affairs

Employee Incentive Scholarship Program (hereinafter in this subchapter referred to as the ‘‘Program’’). The purpose of the Program

is to assist, through the establishment of an incentive program for
767 CH. 76—HEALTH PROFESSIONALS ED. ASST. § 7672

individuals employed in the Veterans Health Administration, in

meeting the staffing needs of the Veterans Health Administration

for health professional occupations for which recruitment or retention of qualified personnel is difficult.

(Added P.L. 105–368, § 802(a), Nov. 11, 1998, 112 Stat. 3352; amended P.L. 107– 14, § 8(a)(16), June 5, 2001, 115 Stat. 35.)

§ 7672. Eligibility; agreement

(a) ELIGIBILITY.—To be eligible to participate in the Program, an

individual must be an eligible Department employee who is accepted for enrollment or enrolled (as described in section 7602 of this

title) as a full-time or part-time student in a field of education or

training described in subsection (c).

(b) ELIGIBLE DEPARTMENT EMPLOYEES.—For purposes of subsection (a), an eligible Department employee is any employee of the

Department who, as of the date on which the employee submits an

application for participation in the Program, has been continuously

employed by the Department for not less than one year.

(c) QUALIFYING FIELDS OF EDUCATION OR TRAINING.—A scholarship may be awarded under the Program only for education and

training in a field leading to appointment or retention in a position

under section 7401 of this title.

(d) AWARD OF SCHOLARSHIPS.—Notwithstanding section 7603(d)

of this title, the Secretary, in selecting participants in the Program,

may award a scholarship only to applicants who have a record of

employment with the Veterans Health Administration which, in

the judgment of the Secretary, demonstrates a high likelihood that

the applicant will be successful in completing such education or

training and in employment in such field.

(e) AGREEMENT.—(1) An agreement between the Secretary and a

participant in the Program shall (in addition to the requirements

set forth in section 7604 of this title) include the following:

(A) The Secretary’s agreement to provide the participant

with a scholarship under the Program for a specified number

(from one to three) of school years during which the participant

pursues a course of education or training described in subsection (c) that meets the requirements set forth in section

7602(a) of this title.

(B) The participant’s agreement to serve as a full-time employee in the Veterans Health Administration for a period of

time (hereinafter in this subchapter referred to as the ‘‘period

of obligated service’’) determined in accordance with regulations prescribed by the Secretary of up to three calendar years

for each school year or part thereof for which the participant

was provided a scholarship under the Program, but for not less

than 3 years.

(C) The participant’s agreement to serve under subparagraph

(B) in a Department facility selected by the Secretary.

(2) In a case in which an extension is granted under section

7673(c)(2) of this title, the number of years for which a scholarship

may be provided under the Program shall be the number of school

years provided for as a result of the extension.

(3) In the case of a participant who is a part-time student, the

period of obligated service shall be reduced in accordance with the
§ 7673 CH. 76—HEALTH PROFESSIONALS ED. ASST. 768

proportion that the number of credit hours carried by such participant in any such school year bears to the number of credit hours

required to be carried by a full-time student in the course of training being pursued by the participant, but in no event to less than

1 year.

(Added P.L. 105–368, § 802(a), Nov. 11, 1998, 112 Stat. 3352; amended P.L. 107–

14, § 8(a)(16), June 5, 2001, 115 Stat. 35; P.L. 107–135, § 101(b), Jan. 23, 2002, 115

Stat. 2447.)

§ 7673. Scholarship

(a) SCHOLARSHIP.—A scholarship provided to a participant in the

Program for a school year shall consist of payment of the tuition

(or such portion of the tuition as may be provided under subsection

(b)) of the participant for that school year and payment of other

reasonable educational expenses (including fees, books, and laboratory expenses) for that school year.

(b) AMOUNTS.—The total amount of the scholarship payable

under subsection (a)— (1) in the case of a participant in the Program who is a full- time student, may not exceed $10,000 for the equivalent of one

year of full-time coursework; and

(2) in the case of a participant in the Program who is a parttime student, shall bear the same ratio to the amount that

would be paid under paragraph (1) if the participant were a

full-time student in the course of education or training being

pursued by the participant as the coursework carried by the

participant to full-time coursework in that course of education

or training.

(c) LIMITATIONS ON PERIOD OF PAYMENT.—(1) The maximum

number of school years for which a scholarship may be paid under

subsection (a) to a participant in the Program shall be six school

years.

(2) A participant in the Program may not receive a scholarship

under subsection (a) for more than the equivalent of three years of

full-time coursework.

(d) PAYMENT OF EDUCATIONAL EXPENSES BY EDUCATIONAL INSTITUTIONS.—The Secretary may arrange with an educational institution in which a participant in the Program is enrolled for the payment of the educational expenses described in subsection (a). Such

payments may be made without regard to subsections (a) and (b)

of section 3324 of title 31.

(e) FULL-TIME COURSEWORK.—For purposes of this section, fulltime coursework shall consist of the following:

(1) In the case of undergraduate coursework, 30 semester

hours per undergraduate school year.

(2) In the case of graduate coursework, 18 semester hours

per graduate school year.

(Added P.L. 105–368, § 802(a), Nov. 11, 1998, 112 Stat. 3353; amended P.L. 107–

135, § 101(c)–(e), Jan. 23, 2002, 115 Stat. 2447–2448.)

§ 7674. Obligated service

(a) IN GENERAL.—Each participant in the Program shall provide

service as a full-time employee of the Department for the period of

obligated service provided in the agreement of the participant en-
769 CH. 76—HEALTH PROFESSIONALS ED. ASST. § 7674

tered into under section 7603 of this title. Such service shall be

provided in the full-time clinical practice of such participant’s profession or in another health-care position in an assignment or location determined by the Secretary.

(b) DETERMINATION OF SERVICE COMMENCEMENT DATE.—(1) Not

later than 60 days before a participant’s service commencement

date, the Secretary shall notify the participant of that service commencement date. That date is the date for the beginning of the participant’s period of obligated service.

(2) As soon as possible after a participant’s service commencement date, the Secretary shall— (A) in the case of a participant who is not a full-time employee in the Veterans Health Administration, appoint the participant as such an employee; and

(B) in the case of a participant who is an employee in the

Veterans Health Administration but is not serving in a position for which the participant’s course of education or training

prepared the participant, assign the participant to such a position.

(3)(A) In the case of a participant receiving a degree from a

school of medicine, osteopathy, dentistry, optometry, or podiatry,

the participant’s service commencement date is the date upon

which the participant becomes licensed to practice medicine, osteopathy, dentistry, optometry, or podiatry, as the case may be, in a

State.

(B) In the case of a participant receiving a degree from a school

of nursing, the participant’s service commencement date is the

later of—

(i) the participant’s course completion date; or

(ii) the date upon which the participant becomes licensed as

a registered nurse in a State.

(C) In the case of a participant not covered by subparagraph (A)

or (B), the participant’s service commencement date is the later

of— (i) the participant’s course completion date; or

(ii) the date the participant meets any applicable licensure or

certification requirements.

(4) The Secretary shall by regulation prescribe the service commencement date for participants who were part-time students.

Such regulations shall prescribe terms as similar as practicable to

the terms set forth in paragraph (3).

(c) COMMENCEMENT OF OBLIGATED SERVICE.—(1) Except as provided in paragraph (2), a participant in the Program shall be considered to have begun serving the participant’s period of obligated

service—

(A) on the date, after the participant’s course completion

date, on which the participant (in accordance with subsection

(b)) is appointed as a full-time employee in the Veterans

Health Administration; or

(B) if the participant is a full-time employee in the

Veterans Health Administration on such course completion

date, on the date thereafter on which the participant is assigned to a position for which the participant’s course of training prepared the participant.
§ 7675 CH. 76—HEALTH PROFESSIONALS ED. ASST. 770

(2) A participant in the Program who on the participant’s course

completion date is a full-time employee in the Veterans Health Administration serving in a capacity for which the participant’s course

of training prepared the participant shall be considered to have

begun serving the participant’s period of obligated service on such

course completion date.

(d) COURSE COMPLETION DATE DEFINED.—In this section, the

term ‘‘course completion date’’ means the date on which a participant in the Program completes the participant’s course of education

or training under the Program.

(Added P.L. 105–368, § 802(a), Nov. 11, 1998, 112 Stat. 3354.)

§ 7675. Breach of agreement: liability

(a) LIQUIDATED DAMAGES.—A participant in the Program (other

than a participant described in subsection (b)) who fails to accept

payment, or instructs the educational institution in which the participant is enrolled not to accept payment, in whole or in part, of

a scholarship under the agreement entered into under section 7603

of this title shall be liable to the United States for liquidated damages in the amount of $1,500. Such liability is in addition to any

period of obligated service or other obligation or liability under the

agreement.

(b) LIABILITY DURING COURSE OF EDUCATION OR TRAINING.—(1)

Except as provided in subsection (d), a participant in the Program

shall be liable to the United States for the amount which has been

paid to or on behalf of the participant under the agreement if any

of the following occurs:

(A) The participant fails to maintain an acceptable level of

academic standing in the educational institution in which the

participant is enrolled (as determined by the educational institution under regulations prescribed by the Secretary).

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

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

completion of such course of education or training.

(D) The participant fails to become licensed to practice medicine, osteopathy, dentistry, podiatry, or optometry in a State,

fails to become licensed as a registered nurse in a State, or

fails to meet any applicable licensure requirement in the case

of any other health-care personnel who provide either direct

patient-care services or services incident to direct patient-care

services, during a period of time determined under regulations

prescribed by the Secretary.

(E) In the case of a participant who is a part-time student,

the participant fails to maintain employment, while enrolled in

the course of training being pursued by the participant, as a

Department employee.

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

(c) LIABILITY DURING PERIOD OF OBLIGATED SERVICE.—(1) Except

as provided in subsection (d), if a participant in the Program

breaches the agreement by failing for any reason to complete such

participant’s period of obligated service, the United States shall be
771 CH. 76—HEALTH PROFESSIONALS ED. ASST. § 7681

entitled to recover from the participant an amount determined in

accordance with the following formula:

A=3Φ (

t¥s

)

t

(2) In such formula:

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

(B) ‘‘Φ’’ is the sum of—

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

(ii) the interest on such amounts which would be payable if at the time the amounts were paid they were loans

bearing interest at the maximum legal prevailing rate, as

determined by the Treasurer of the United States.

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

title.

(D) ‘‘s’’ is the number of months of such period served by the

participant in accordance with section 7673 of this title.

(d) LIMITATION ON LIABILITY FOR REDUCTIONS-IN-FORCE.—Liability shall not arise under subsection (b)(1)(E) or (c) in the case of

a participant otherwise covered by the subsection concerned if the

participant fails to maintain employment as a Department employee due to a staffing adjustment.

(e) PERIOD FOR PAYMENT OF DAMAGES.—Any amount of damages

which the United States is entitled to recover under this section

shall be paid to the United States within the 1-year period beginning on the date of the breach of the agreement.

(Added P.L. 105–368, § 802(a), Nov. 11, 1998, 112 Stat. 3355.)

ø§ 7676. Repealed. P.L. 107–135, § 101(a)(1), 115 Stat. 2447.¿

SUBCHAPTER VII—EDUCATION DEBT REDUCTION

PROGRAM

§ 7681. Authority for program

(a) IN GENERAL.—(1) As part of the Educational Assistance Program, the Secretary may carry out an education debt reduction program under this subchapter. The program shall be known as the

Department of Veterans Affairs Education Debt Reduction Program

(hereinafter in this subchapter referred to as the ‘‘Education Debt

Reduction Program’’).

(2) The purpose of the Education Debt Reduction Program is to

assist in the recruitment of qualified health care professionals for

positions in the Veterans Health Administration for which recruitment or retention of an adequate supply of qualified personnel is

difficult.

(b) RELATIONSHIP TO EDUCATIONAL ASSISTANCE PROGRAM.—Education debt reduction payments under the Education Debt Reduc-
§ 7682 CH. 76—HEALTH PROFESSIONALS ED. ASST. 772

tion Program may be in addition to other assistance available to individuals under the Educational Assistance Program.

(Added P.L. 105–368, § 803(a), Nov. 11, 1998, 112 Stat. 3357; amended P.L. 107– 14, § 8(a)(16), June 5, 2001, 115 Stat. 35.)

§ 7682. Eligibility

(a) ELIGIBILITY.—An individual is eligible to participate in the

Education Debt Reduction Program if the individual— (1) is a recently appointed employee in the Veterans Health

Administration serving in a position (as determined by the Secretary) providing direct-patient care services or services incident to direct-patient care services for which recruitment or retention of qualified health-care personnel (as so determined) is

difficult; and

(2) owes any amount of principal or interest under a loan,

the proceeds of which were used by or on behalf of that individual to pay costs relating to a course of education or training

which led to a degree that qualified the individual for the position referred to in paragraph (1).

(b) COVERED COSTS.—For purposes of subsection (a)(2), costs relating to a course of education or training include— (1) tuition expenses;

(2) all other reasonable educational expenses, including expenses for fees, books, and laboratory expenses; and

(3) reasonable living expenses.

(c) RECENTLY APPOINTED INDIVIDUALS.—For purposes of subsection (a), an individual shall be considered to be recently appointed to a position if the individual has held that position for less

than 6 months.

(Added P.L. 105–368, § 803(a), Nov. 11, 1998, 112 Stat. 3357; amended P.L. 107–

135, § 102(b), Jan. 23, 2002, 115 Stat. 2448.)

§ 7683. Education debt reduction

(a) IN GENERAL.—Education debt reduction payments under the

Education Debt Reduction Program shall consist of payments to individuals selected to participate in the program of amounts to reimburse such individuals for payments by such individuals of principal and interest on loans described in section 7682(a)(2) of this

title.

(b) FREQUENCY OF PAYMENT.—(1) The Secretary may make education debt reduction payments to any given participant in the

Education Debt Reduction Program on a monthly or annual basis,

as determined by the Secretary.

(2) The Secretary shall make such payments at the end of the period determined by the Secretary under paragraph (1).

(c) PERFORMANCE REQUIREMENT.—The Secretary may make education debt reduction payments to a participant in the Education

Debt Reduction Program for a period only if the Secretary determines that the individual maintained an acceptable level of performance in the position or positions served by the participant during the period.

(d) MAXIMUM ANNUAL AMOUNT.—(1) Subject to paragraph (2),

the amount of education debt reduction payments made to a participant under the Education Debt Reduction Program may not ex-
773 CH. 76—HEALTH PROFESSIONALS ED. ASST. § 7684

ceed $44,000 over a total of five years of participation in the Program, of which not more than $10,000 of such payments may be

made in each of the fourth and fifth years of participation in the

Program.

(2) The total amount payable to a participant in such Program

for any year may not exceed the amount of the principal and interest on loans referred to in subsection (a) that is paid by the individual during such year.

(Added P.L. 105–368, § 803(a), Nov. 11, 1998, 112 Stat. 3357; amended P.L. 107–

135, § 102(c), Jan. 23, 2002, 115 Stat. 2448.)

ø§ 7684. Repealed. P.L. 107–135, § 102(a)(1), 115 Stat. 2448.¿
(774)

CHAPTER 77—VETERANS BENEFITS ADMINISTRATION

SUBCHAPTER I—ORGANIZATION; GENERAL

Sec.

7701. Organization of the Administration.

7703. Functions of the Administration.

SUBCHAPTER II—VETERANS OUTREACH SERVICES PROGRAM

7721. Purpose; definitions.

7722. Outreach services.

7723. Veterans assistance offices.

7724. Outstationing of counseling and outreach personnel.

7725. Use of other agencies.

7726. Annual report to Congress.

7727. Outreach for eligible dependents.

SUBCHAPTER III—QUALITY ASSURANCE

7731. Establishment.

7732. Functions.

7733. Personnel.

7734. Annual report to Congress.

SUBCHAPTER I—ORGANIZATION; GENERAL

§ 7701. Organization of the Administration

(a) There is in the Department of Veterans Affairs a Veterans

Benefits Administration. The primary function of the Veterans

Benefits Administration is the administration of nonmedical benefits programs of the Department which provide assistance to veterans and their dependents and survivors.

(b) The Veterans Benefits Administration is under the Under

Secretary for Benefits, who is directly responsible to the Secretary

for the operations of the Administration. The Under Secretary for

Benefits may be referred to as the Chief Benefits Director.

(Added P.L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 399; amended P.L. 102–405,

§ 302(c)(1), (3), Oct. 9, 1992, 106 Stat. 1984.)

§ 7703. Functions of the Administration

The Veterans Benefits Administration is responsible for the administration of the following programs of the Department:

(1) Compensation and pension programs.

(2) Vocational rehabilitation and educational assistance programs.

(3) Veterans’ housing loan programs.

(4) Veterans’ and servicemembers’ life insurance programs.

(5) Outreach programs and other veterans’ services programs.

(Added P.L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 399.)
775 CH. 77—VETERANS BENEFITS ADMINISTRATION § 7722

SUBCHAPTER II—VETERANS OUTREACH SERVICES

PROGRAM

§ 7721. Purpose; definitions

(a) The Congress declares that the outreach services program authorized by this subchapter is for the purpose of ensuring that all

veterans (especially those who have been recently discharged or released from active military, naval, or air service and those who are

eligible for readjustment or other benefits and services under laws

administered by the Department) are provided timely and appropriate assistance to aid and encourage them in applying for and obtaining such benefits and services in order that they may achieve

a rapid social and economic readjustment to civilian life and obtain

a higher standard of living for themselves and their dependents.

The Congress further declares that the outreach services program

authorized by this subchapter is for the purpose of charging the

Department with the affirmative duty of seeking out eligible veterans and eligible dependents and providing them with such services.

(b) For the purposes of this subchapter—

(1) the term ‘‘other governmental programs’’ includes all programs under State or local laws as well as all programs under

Federal law other than those authorized by this title; and

(2) the term ‘‘eligible dependent’’ means a spouse, surviving

spouse, child, or dependent parent of a person who served in

the active military, naval, or air service.

(Added P.L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 400; amended P.L. 104–110,

§ 102(c), Feb. 13, 1996, 110 Stat. 769; P.L. 107–14, § 6(a), June 5, 2001, 115 Stat.

30.)

§ 7722. Outreach services

(a) In carrying out the purposes of this subchapter, the Secretary

shall provide the outreach services specified in subsections (b)

through (d). In areas where a significant number of eligible veterans and eligible dependents speak a language other than English

as their principal language, such services shall, to the maximum

feasible extent, be provided in the principal language of such persons.

(b) The Secretary shall by letter advise each veteran at the time

of the veteran’s discharge or release from active military, naval, or

air service (or as soon as possible after such discharge or release)

of all benefits and services under laws administered by the Department for which the veteran may be eligible. In carrying out this

subsection, the Secretary shall ensure, through the use of veteranstudent services under section 3485 of this title, that contact, in

person or by telephone, is made with those veterans who, on the

basis of their military service records, do not have a high school

education or equivalent at the time of discharge or release.

(c)(1) The Secretary shall distribute full information to eligible

veterans and eligible dependents regarding all benefits and services to which they may be entitled under laws administered by the

Department and may, to the extent feasible, distribute information

on other governmental programs (including manpower and training
§ 7722 CH. 77—VETERANS BENEFITS ADMINISTRATION 776

programs) which the Secretary determines would be beneficial to

veterans.

(2) Whenever a veteran or dependent first applies for any benefit

under laws administered by the Secretary (including a request for

burial or related benefits or an application for life insurance proceeds), the Secretary shall provide to the veteran or dependent information concerning benefits and health care services under programs administered by the Secretary. Such information shall be

provided not later than three months after the date of such application.

(d) The Secretary shall provide, to the maximum extent possible,

aid and assistance (including personal interviews) to members of

the Armed Forces, veterans, and eligible dependents with respect

to subsections (b) and (c) and in the preparation and presentation

of claims under laws administered by the Department.

(e) In carrying out this section, the Secretary shall assign such

employees of the Veterans Benefits Administration as the Secretary considers appropriate to conduct outreach programs and provide outreach services for homeless veterans. Such outreach services may include site visits through which homeless veterans can

be identified and provided assistance in obtaining benefits and

services that may be available to them.

(Added P.L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 400; amended P.L. 102–590, § 5,

Nov. 10, 1992, 106 Stat. 5139; P.L. 107–103, § 304, Dec. 27, 2001, 115 Stat. 992.)

§ 7723. Veterans assistance offices

(a) The Secretary shall establish and maintain veterans assistance offices at such places throughout the United States and its

territories and possessions, and in the Commonwealth of Puerto

Rico, as the Secretary determines to be necessary to carry out the

purposes of this subchapter. The Secretary may maintain such offices on such military installations located elsewhere as the Secretary, after consultation with the Secretary of Defense, determines

to be necessary to carry out such purposes. In establishing and

maintaining such offices, the Secretary shall give due regard to—

(1) the geographical distribution of veterans recently discharged or released from active military, naval, or air service;

(2) the special needs of educationally disadvantaged veterans

(including their need for accessibility of outreach services); and

(3) the necessity of providing appropriate outreach services

in less populated areas.

(b) The Secretary shall establish and carry out all possible programs and services, including special telephone facilities, as may

be necessary to make the outreach services provided for under this

subchapter as widely available as possible.

(Added P.L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 401; amended P.L. 107–103,

§ 301, Dec. 27, 2001, 115 Stat. 991.)

§ 7724. Outstationing of counseling and outreach personnel

The Secretary may station employees of the Department at locations other than Department offices, including educational institutions, to provide counseling and other assistance regarding benefits

under this title to veterans and other persons eligible for benefits
777 CH. 77—VETERANS BENEFITS ADMINISTRATION § 7727

under this title and to provide outreach services under this subchapter.

(Added P.L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 401.)

§ 7725. Use of other agencies

In carrying out this subchapter, the Secretary shall do the following:

(1) Arrange with the Secretary of Labor for the State employment service to match the particular qualifications of an

eligible veteran or eligible dependent with an appropriate job

or job training opportunity, including, where possible, arrangements for outstationing the State employment personnel who

provide such assistance at appropriate facilities of the Department.

(2) In consultation with the Secretary of Labor, actively seek

to promote the development and establishment of employment

opportunities, training opportunities, and other opportunities

for veterans, with particular emphasis on the needs of veterans

with service-connected disabilities and other eligible veterans,

taking into account applicable rates of unemployment and the

employment emphases set forth in chapter 42 of this title.

(3) Cooperate with and use the services of any Federal department or agency or any State or local governmental agency

or recognized national or other organization.

(4) Where appropriate, make referrals to any Federal department or agency or State or local governmental unit or recognized national or other organization.

(5) At the Secretary of Veterans Affairs discretion, furnish

available space and office facilities for the use of authorized

representatives of such governmental unit or other organization providing services.

(6) Conduct and provide for studies in consultation with appropriate Federal departments and agencies to determine the

most effective program design to carry out the purposes of this

subchapter.

(Added P.L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 401.)

§ 7726. Annual report to Congress

The Secretary shall include in the annual report to the Congress

required by section 529 of this title a report on the activities carried out under this subchapter. Each such report shall include an

appraisal of the effectiveness of the programs authorized in this

subchapter and recommendations for the improvement or more effective administration of those programs.

(Added P.L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 402.)

§ 7727. Outreach for eligible dependents

(a) In carrying out this subchapter, the Secretary shall ensure

that the needs of eligible dependents are fully addressed.

(b) 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
§ 7727 CH. 77—VETERANS BENEFITS ADMINISTRATION 778

Internet, announcements in veterans publications, and announcements to the media.

(Added P.L. 107–14, § 6(b)(1), June 5, 2001, 115 Stat. 31.)

SUBCHAPTER III—QUALITY ASSURANCE

§ 7731. Establishment

(a) The Secretary shall carry out a quality assurance program in

the Veterans Benefits Administration. The program may be carried

out through a single quality assurance division in the Administration or through separate quality assurance entities for each of the

principal organizational elements (known as ‘‘services’’) of the Administration.

(b) The Secretary shall ensure that any quality assurance entity

established and operated under subsection (a) is established and

operated so as to meet generally applicable governmental standards for independence and internal controls for the performance of

quality reviews of Government performance and results.

(Added P.L. 106–117, § 801(a), Nov. 30, 1999, 113 Stat. 1585.)

§ 7732. Functions

The Under Secretary for Benefits, acting through the quality assurance entities established under section 7731(a), shall on an ongoing basis perform and oversee quality reviews of the functions of

each of the principal organizational elements of the Veterans Benefits Administration.

(Added P.L. 106–117, § 801(a), Nov. 30, 1999, 113 Stat. 1585.)

§ 7733. Personnel

The Secretary shall ensure that the number of full-time employees of the Veterans Benefits Administration assigned to quality assurance functions under this subchapter is adequate to perform the

quality assurance functions for which they have responsibility.

(Added P.L. 106–117, § 801(a), Nov. 30, 1999, 113 Stat. 1585.)

§ 7734. Annual report to Congress

The Secretary shall include in the annual report to the Congress

required by section 529 of this title a report on the quality assurance activities carried out under this subchapter. Each such report

shall include—

(1) an appraisal of the quality of services provided by the

Veterans Benefits Administration, including—

(A) the number of decisions reviewed;

(B) a summary of the findings on the decisions reviewed;

(C) the number of full-time equivalent employees assigned to quality assurance in each division or entity;

(D) specific documentation of compliance with the standards for independence and internal control required by section 7731(b) of this title; and

(E) actions taken to improve the quality of services provided and the results obtained;

(2) information with respect to the accuracy of decisions, including trends in that information; and
779 CH. 77—VETERANS BENEFITS ADMINISTRATION § 7727

(3) such other information as the Secretary considers appropriate.

(Added P.L. 106–117, § 801(a), Nov. 30, 1999, 113 Stat. 1585.)
(780)

CHAPTER 78—VETERANS’ CANTEEN SERVICE

Sec.

7801. Purpose of Veterans’ Canteen Service.

7802. Duties of Secretary with respect to Service.

7803. Operation of Service.

7804. Financing of Service.

7805. Revolving fund.

7806. Budget of Service.

7807. Audit of accounts.

7808. Service to be independent unit.

7809. Child-care centers.

7810. Exemption from personnel ceilings.

§ 7801. Purpose of Veterans’ Canteen Service

The Veterans’ Canteen Service (hereinafter in this chapter referred to as the ‘‘Service’’) in the Department is an instrumentality

of the United States, created for the primary purpose of making

available to veterans of the Armed Forces who are hospitalized or

domiciled in hospitals and homes of the Department, at reasonable

prices, articles of merchandise and services essential to their comfort and well-being.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1248, § 4201; renumbered § 7801 and amended

P.L. 102–40, § 402(a), (b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(a)(3), (4),

Aug. 6, 1991, 105 Stat. 404; P.L. 107–14, § 8(a)(16), June 5, 2001, 115 Stat. 35.)

§ 7802. Duties of Secretary with respect to Service

The Secretary shall— (1) establish, maintain, and operate canteens where deemed

necessary and practicable at hospitals and homes of the Department and at other Department establishments where similar essential facilities are not reasonably available from outside

commercial sources;

(2) establish, maintain, and operate such warehouses and

storage depots as may be necessary in operating the canteens;

(3) furnish the Service for its use in connection with the establishment, maintenance, and operation thereof, such space,

buildings, and structures under control of the Department as

the Secretary may consider necessary, including normal maintenance and repair service thereon. Reasonable charges, to be

determined by the Secretary, shall be paid annually by the

Service for the space, buildings, and structures so furnished,

except that the Secretary may reduce or waive such charges

whenever payment of such charges would impair the working

capital required by the Service;

(4) transfer to the Service without charge, rental, or reimbursement such necessary equipment as may not be needed for

other purposes, and furnish the Service such services and utilities, including light, water, and heat, as may be available and
781 CH. 78—VETERANS’ CANTEEN SERVICE § 7802

necessary for its use. Reasonable charges, to be determined by

the Secretary, shall be paid annually by the Service for the

utilities so furnished;

(5) employ such persons as are necessary for the establishment, maintenance, and operation of the Service, and pay the

salaries, wages, and expenses of all such employees from the

funds of the Service. Personnel necessary for the transaction of

the business of the Service at canteens, warehouses, and storage depots shall be appointed, compensated from funds of the

Service, and removed by the Secretary without regard to the

provisions of title 5 governing appointments in the competitive

service and chapter 51 and subchapter III of chapter 53 of title

5. Those employees are subject to the provisions of title 5 relating to a preference eligible described in section 2108(3) of title

5, subchapter I of chapter 81 of title 5, and subchapter III of

chapter 83 of title 5;

(6) make all necessary contracts or agreements to purchase

or sell merchandise, fixtures, equipment, supplies, and services, without regard to section 3709 of the Revised Statutes (41

U.S.C. 5) and to do all things necessary to carry out such contracts or agreements, including the making of necessary adjustments and compromising of claims in connection therewith;

(7) fix the prices of merchandise and services in canteens so

as to carry out the purposes of this chapter;

(8) accept gifts and donations of merchandise, fixtures,

equipment, and supplies for the use and benefit of the Service;

(9) make such rules and regulations, not inconsistent with

the provisions of this chapter, as the Secretary considers necessary or appropriate to effectuate its purposes;

(10) delegate such duties and powers to employees as the

Secretary considers necessary or appropriate, whose official

acts performed within the scope of the delegated authority

shall have the same force and effect as though performed by

the Secretary;

(11) authorize the use of funds of the Service when available,

subject to such regulations as the Secretary may deem appropriate, for the purpose of cashing checks, money orders, and

similar instruments in nominal amounts for the payment of

money presented by veterans hospitalized or domiciled at hospitals and homes of the Department, and by other persons authorized by section 7803 of this title to make purchases at canteens. Such checks, money orders, and other similar instruments may be cashed outright or may be accepted, subject to

strict administrative controls, in payment for merchandise or

services, and the difference between the amount of the purchase and the amount of the tendered instrument refunded in

cash.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1248, § 4202; P.L. 86–109, § 1, July 28, 1959,

73 Stat. 258; P.L. 94–581, § 210(d), Oct. 21, 1976, 90 Stat. 2864; P.L. 97–295, § 4(88),

Oct. 12, 1982, 96 Stat. 1312; P.L. 99–576, § 702(13), Oct. 28, 1986, 100 Stat. 3302;

renumbered § 7802 and amended P.L. 102–40, § 402(a), (b)(1), (d)(1), May 7, 1991,

105 Stat. 238, 239; P.L. 102–54, § 14(e)(7), June 13, 1991, 105 Stat. 287; P.L. 102–

83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
§ 7803 CH. 78—VETERANS’ CANTEEN SERVICE 782

§ 7803. Operation of Service

The canteens at hospitals and homes of the Department shall be

primarily for the use and benefit of veterans hospitalized or domiciled at such hospitals and homes. Service at such canteens may

also be furnished to personnel of the Department and recognized

veterans’ organizations employed at such hospitals and homes and

to other persons so employed, to the families of all the foregoing

persons who reside at the hospital or home concerned, and to relatives and other persons while visiting any of the persons named

in this section.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1249, § 4203; renumbered § 7803 and amended

P.L. 102–40, § 402(a), (b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(a)(3), (4),

Aug. 6, 1991, 105 Stat. 404; P.L. 106–117, § 302, Nov. 30, 1999, 113 Stat. 1572.)

§ 7804. Financing of Service

To finance the establishment, maintenance, and operation of the

Service there is hereby authorized to be appropriated, from time to

time, such amounts as are necessary to provide for (1) the acquisition of necessary furniture, furnishings, fixtures, and equipment for

the establishment, maintenance, and operation of canteens, warehouses, and storage depots; (2) stocks of merchandise and supplies

for canteens and reserve stocks of same in warehouses and storage

depots; (3) salaries, wages, and expenses of all employees; (4) administrative and operation expenses; and (5) adequate working

capital for each canteen and for the Service as a whole. Amounts

appropriated under the authority contained in this chapter and all

income from canteen operations become and will be administered

as a revolving fund to effectuate the provisions of this chapter.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1250, § 4204; P.L. 92–310, § 209, June 6, 1972,

86 Stat. 204; P.L. 99–576, § 702(14), Oct. 28, 1986, 100 Stat. 3302; renumbered

§ 7804 and amended P.L. 102–40, § 402(a), (b)(1), May 7, 1991, 105 Stat. 238.)

§ 7805. Revolving fund

The revolving fund shall be deposited in a checking account with

the Treasury of the United States. Such amounts thereof as the

Secretary may determine to be necessary to establish and maintain

operating accounts for the various canteens may be deposited in

checking accounts or other interest-bearing accounts in other depositaries selected by the Secretary.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1250, § 4205; P.L. 100–322, § 414(a)(1), May 20,

1988, 102 Stat. 549; renumbered § 7805 and amended P.L. 102–40, § 402(a), (b)(1),

May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat.

404, 405.)

§ 7806. Budget of Service

The Service shall prepare annually and submit a budget program

as provided for wholly owned Government corporations by chapter

91 of title 31, which shall contain an estimate of the needs of the

Service for the ensuing fiscal year including an estimate of the

amount required to restore any impairment of the revolving fund

resulting from operations of the current fiscal year.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1250, § 4206; P.L. 97–258, § 3(k)(8), Sept. 13,

1982, 96 Stat. 1065; P.L. 100–322, § 414(a)(2), May 20, 1988, 102 Stat. 549; renumbered § 7806 and amended P.L. 102–40, § 402(a), (b)(1), May 7, 1991, 105 Stat. 238.)
783 CH. 78—VETERANS’ CANTEEN SERVICE § 7809

§ 7807. Audit of accounts

The Service shall maintain a set of accounts which shall be audited by the Comptroller General in accordance with the provisions

of chapter 35 of title 31.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1250, § 4207; P.L. 93–604, § 704, Jan. 2, 1975,

88 Stat. 1964; P.L. 97–295, § 4(89), Oct. 12, 1982, 96 Stat. 1312; P.L. 97–452,

§ 2(e)(3), Jan. 12, 1983, 96 Stat. 2479; renumbered § 7807 and amended P.L. 102–

40, § 402(a), (b)(1), May 7, 1991, 105 Stat. 238.)

§ 7808. Service to be independent unit

It is the purpose of this chapter that, under control and supervision of the Secretary, the Service shall function as an independent unit in the Department and shall have exclusive control

over all its activities including sales, procurement and supply, finance, including disbursements, and personnel management, except as otherwise provided in this chapter.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1250, § 4208; P.L. 97–295, § 4(90), Oct. 12, 1982,

96 Stat. 1312; renumbered § 7808 and amended P.L. 102–40, § 402(a), (b)(1), May

7, 1991, 105 Stat. 238; P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105

Stat. 404, 405.)

§ 7809. Child-care centers

(a)(1) The Secretary, through the Service, shall provide for the

operation of child care centers at Department facilities in accordance with this section. The operation of such centers shall be carried out to the extent that the Secretary determines, based on the

demand for the care involved, that such operation is in the best interest of the Department and that is practicable to do so. The centers shall be available for the children of Department employees

and, to the extent space is available, the children of other employees of the Federal Government and the children of employees of affiliated schools and corporations created under section 7361 of this

title.

(2) There shall be in the Service an official who is responsible for

all matters relating to the provision of child care services under the

authority of this section.

(b) The Service shall establish reasonable charges for child-care

services provided at each child-care center operated under this section. The charges shall be subject to the approval of the Secretary.

In the case of a center operated directly by the Service, the charges

with respect to the center shall be sufficient to provide for the operating expenses of the center, including the expenses of personnel

assigned to the center. In the case of a center operated by a contractor which is a for-profit entity, the charges shall be established

by taking into consideration the value of the space and services furnished with respect to the center under subsection (c)(1) of this section.

(c) In connection with the establishment and operation of any

child care center under this section, the Secretary—

(1) shall furnish, at no cost to the center, space in existing

Department facilities and utilities, custodial services, and

other services and amenities necessary (as determined by the
§ 7809 CH. 78—VETERANS’ CANTEEN SERVICE 784

Secretary) for the health and safety of the children provided

care at the center;

(2) may, on a reimbursable basis, convert space furnished

under clause (1) of this subsection for use as the child care center and provide other items necessary for the operation of the

center, including furniture, office machines and equipment,

and telephone service, except that the Secretary may furnish

basic telephone service and surplus furniture and equipment

without reimbursement;

(3) shall provide for the participation (directly or through a

parent advisory committee) of parents of children receiving

care in the center in the establishment of policies to govern the

operation of the center and in the oversight of the implementation of such policies;

(4) shall require the development and use of a process for determining the fitness and suitability of prospective employees

of or volunteers at the center; and

(5) shall require in connection with the operation of the center compliance with all State and local laws, ordinances, and

regulations relating to health and safety and the operation of

child-care centers.

(d) The Secretary shall prescribe regulations to carry out this

section.

(e) For the purpose of this section, the term ‘‘parent advisory

committee’’ means a committee comprised of, and selected by, the

parents of children receiving care in a child care center operated

under this section.

(Added P.L. 100–322, § 412(a), May 20, 1988, 102 Stat. 547, § 4209; renumbered

§ 7809 and amended P.L. 102–40, § 402(a), (b)(1), (d)(1), May 7, 1991, 105 Stat. 238,

239; P.L. 102–54, § 14(e)(8), June 13, 1991, 105 Stat. 287; P.L. 102–83, § 4(a)(3), (4),

(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 7810. Exemption from personnel ceilings

Persons who are employed by the Service and compensated from

the revolving fund established by section 7804 of this title may not

be considered to be employees of the Department for the purposes

of any personnel ceiling which may otherwise be applied to employees of the Department by the President or an official of the executive branch.

(Added P.L. 100–322, § 414(b)(1), May 20, 1988, 102 Stat. 549, § 4210; renumbered

§ 7810 and amended P.L. 102–40, § 402(a), (b)(1), (d)(1), May 7, 1991, 105 Stat. 238,

239; P.L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.)
(785)

PART VI—ACQUISITION AND DISPOSITION OF

PROPERTY

CHAPTER Sec.

81. Acquisition and Operation of Hospital and Domiciliary Facilities; Procurement and Supply; Enhanced-Use Leases of Real Property ......................... 8101

82. Assistance in Establishing New State Medical

Schools; Grants to Affiliated Medical Schools; Assistance to Health Manpower Training Institutions 8201

83. Acceptance of Gifts and Bequests .................................. 8301

85. Disposition of Deceased Veterans’ Personal Property 8501

(787)

CHAPTER 81—ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT

AND SUPPLY; ENHANCED–USE LEASES OF REAL PROPERTY

SUBCHAPTER I—ACQUISITION AND OPERATION OF MEDICAL FACILITIES

Sec.

8101. Definitions.

8102. Acquisition of medical facilities.

8103. Authority to construct and alter, and to acquire sites for, medical facilities.

8104. Congressional approval of certain medical facility acquisitions.

8105. Structural requirements.

8106. Construction contracts.

8107. Operational and construction plans for medical facilities.

8108. Contributions to local authorities.

8109. Parking facilities.

8110. Operation of medical facilities.

8111. Sharing of Department and Department of Defense health-care resources.

8111A. Furnishing of health-care services to members of the Armed Forces during

a war or national emergency.

8112. Partial relinquishment of legislative jurisdiction.

8113. Property formerly owned by National Home for Disabled Volunteer Soldiers.

8114. Use of federally owned facilities; use of personnel.

8115. Acceptance of certain property.

8116. Nursing home revolving fund.

SUBCHAPTER II—PROCUREMENT AND SUPPLY

8121. Revolving supply fund.

8122. Authority to procure and dispose of property and to negotiate for common

services.

8123. Procurement of prosthetic appliances.

8124. Grant of easements in Government-owned lands.

8125. Procurement of health-care items.

8126. Limitation on prices of drugs procured by Department and certain other

Federal agencies.

SUBCHAPTER III—STATE HOME FACILITIES FOR FURNISHING DOMICILIARY, NURSING

HOME, AND HOSPITAL CARE

8131. Definitions.

8132. Declaration of purpose.

8133. Authorization of appropriations.

8134. General regulations.

8135. Applications with respect to projects; payments.

8136. Recapture provisions.

8137. State control of operations.

SUBCHAPTER IV—SHARING OF MEDICAL FACILITIES, EQUIPMENT, AND INFORMATION

8151. Statement of congressional purpose.

8152. Definitions.

8153. Sharing of health-care resources.

8154. Exchange of medical information.

8155. Pilot programs; grants to medical schools.

8156. Coordination with health services development activities carried out under

the National Health Planning and Resources Development Act of 1974.

8157. Joint title to medical equipment.

8158. Deposit in escrow.
§ 8101 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 788

SUBCHAPTER V—ENHANCED–USE LEASES OF REAL PROPERTY

8161. Definitions.

8162. Enhanced-use leases.

8163. Designation of property to be leased.

8164. Authority for disposition of leased property.

8165. Use of proceeds.

8166. Construction standards.

8167. Exemption from State and local taxes.

8168. [Repealed.]

8169. Expiration.

SUBCHAPTER I—ACQUISITION AND OPERATION OF

MEDICAL FACILITIES

§ 8101. Definitions

For the purposes of this subchapter:

(1) The term ‘‘alter’’, with respect to a medical facility, means to

repair, remodel, improve, or extend such medical facility.

(2) The terms ‘‘construct’’ and ‘‘alter’’, with respect to a medical

facility, include such engineering, architectural, legal, fiscal, and

economic investigations and studies and such surveys, designs,

plans, construction documents, specifications, procedures, and other

similar actions as are necessary for the construction or alteration,

as the case may be, of such medical facility and as are carried out

after the completion of the advanced planning (including the development of project requirements and design development) for such

facility.

(3) The term ‘‘medical facility’’ means any facility or part thereof

which is, or will be, under the jurisdiction of the Secretary for the

provision of health-care services (including hospital, nursing home,

or domiciliary care or medical services), including any necessary

building and auxiliary structure, garage, parking facility, mechanical equipment, trackage facilities leading thereto, abutting sidewalks, accommodations for attending personnel, and recreation facilities associated therewith.

(4) The term ‘‘committee’’ means the Committee on Veterans’ Affairs of the House of Representatives or the Committee on Veterans’ Affairs of the Senate, and the term ‘‘committees’’ means both

such committees.

(Added P.L. 96–22, § 301(a), June 13, 1979, 93 Stat. 55, § 5001; renumbered § 8101,

P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83, § 4(b)(1),

(2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 104–262, § 207(a), Oct. 9, 1996, 110

Stat. 3190.)

§ 8102. Acquisition of medical facilities

(a) The Secretary shall provide medical facilities for veterans entitled to hospital, nursing home, or domiciliary care or medical

services under this title.

(b) No medical facility may be constructed or otherwise acquired

or altered except in accordance with the provisions of this subchapter.

(c) In carrying out this subchapter, the Secretary— (1) shall provide for the construction and acquisition of medical facilities in a manner that results in the equitable distribution of such facilities throughout the United States, taking

into consideration the comparative urgency of the need for the
789 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8103

services to be provided in the case of each particular facility;

and

(2) shall give due consideration to excellence of architecture

and design.

(d) In considering the need for any project for the construction,

alteration, or acquisition (other than by exchange) of a medical facility which is expected to involve a total expenditure of more than

$2,000,000, the Secretary shall give consideration to the sharing of

health-care resources with the Department of Defense under section 8111 of this title as an alternative to all or part of such

project.

(Added P.L. 96–22, § 301(a), June 13, 1979, 93 Stat. 55, § 5002; amended P.L. 99–

576, § 221(a), Oct. 28, 1986, 100 Stat. 3259; renumbered § 8102 and amended P.L.

102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–54, § 14(f)(2),

June 13, 1991, 105 Stat. 287; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat.

404, 405.)

§ 8103. Authority to construct and alter, and to acquire sites

for, medical facilities

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

(1) may construct or alter any medical facility and may acquire, by purchase, lease, condemnation, donation, exchange,

or otherwise, such land or interests in land as the Secretary

considers necessary for use as the site for such construction or

alteration;

(2) may acquire, by purchase, lease, condemnation, donation,

exchange, or otherwise, any facility (including the site of such

facility) that the Secretary considers necessary for use as a

medical facility; and

(3) in order to assure compliance with section 8110(a)(2) of

this title, in the case of any outpatient medical facility for

which it is proposed to lease space and for which a qualified

lessor and an appropriate leasing arrangement are available,

shall execute a lease for such facility within 12 months after

funds are made available for such purpose.

(b) Whenever the Secretary considers it to be in the interest of

the United States to construct a new medical facility to replace an

existing medical facility, the Secretary (1) may demolish the existing facility and use the site on which it is located for the site of

the new medical facility, or (2) if in the judgment of the Secretary

it is more advantageous to construct such medical facility on a different site in the same locality, may exchange such existing facility

and the site of such existing facility for the different site.

(c) Whenever the Secretary determines that any site acquired for

the construction of a medical facility is not suitable for that purpose, the Secretary may exchange such site for another site to be

used for that purpose or may sell such site.

(d)(1) The Secretary may provide for the acquisition of not more

than three facilities for the provision of outpatient services or nursing home care through lease-purchase arrangements on real property under the jurisdiction of the Department of Veterans Affairs.

(2)(A) In carrying out this subsection and notwithstanding any

other provision of law, the Secretary may lease, with or without

compensation and for a period of not to exceed 35 years, to another
§ 8103 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 790

party any of the real property described in paragraph (1) of this

subsection.

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

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

and

(ii) leased under paragraph (3)(A) of this subsection to the

Department for such use and for such other activities as the

Secretary determines are appropriate.

(3)(A) The Secretary may enter into a lease for the use of any facility described in paragraph (2)(B) of this subsection for not more

than 35 years under such terms and conditions as may be in the

best interests of the Department.

(B) Each agreement to lease a facility under subparagraph (A) of

this paragraph shall include a provision that—

(i) the obligation of the United States to make payments

under the agreement is subject to the availability of appropriations for that purpose; and

(ii) the ownership of such facility shall vest in the United

States at the end of such lease.

(4)(A) The Secretary may sublease any space in such a facility to

another party at a rate not less than—

(i) the rental rate paid by the Secretary for such space under

paragraph (3) of this subsection; plus

(ii) the amount the Secretary pays for the costs of administering such facility (including operation, maintenance, utility,

and rehabilitation costs) which are attributable to such space.

(B) In any such sublease, the Secretary shall include such terms

relating to default and nonperformance as the Secretary considers

appropriate to protect the interests of the United States.

(5) The Secretary shall use the receipts of any payment for the

lease of real property under paragraph (2) for the payment of the

lease of a facility under paragraph (3).

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

subsection—

(A) shall not take effect until the Secretary has entered into

agreements under section 316 of this title to carry out at least

three collocations; and

(B) shall expire on October 1, 1993.

(Added P.L. 96–22, § 301(a), June 13, 1979, 93 Stat. 56, § 5003; amended P.L. 101–

237, § 603(b), Dec. 18, 1989, 103 Stat. 2097; renumbered § 8103 and amended P.L.

102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–83, § 4(b)(1),

(2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 103–446, § 1201(d)(16), Nov. 2, 1994,

108 Stat. 4684.)

§ 8104. Congressional approval of certain medical facility

acquisitions

(a)(1) The purpose of this subsection is to enable Congress to ensure the equitable distribution of medical facilities throughout the

United States, taking into consideration the comparative urgency

of the need for the services to be provided in the case of each particular facility.

(2) No funds may be appropriated for any fiscal year, and the

Secretary may not obligate or expend funds (other than for advance
791 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8104

planning and design), for any major medical facility project or any

major medical facility lease unless funds for that project or lease

have been specifically authorized by law.

(3) For the purpose of this subsection:

(A) The term ‘‘major medical facility project’’ means a project

for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $4,000,000,

but such term does not include an acquisition by exchange.

(B) The term ‘‘major medical facility lease’’ means a lease for

space for use as a new medical facility at an average annual

rental of more than $600,000.

(b) Whenever the President or the Secretary submit to the Congress a request for the funding of a major medical facility project

(as defined in subsection (a)(3)(A)) or a major medical facility lease

(as defined in subsection (a)(3)(B)), the Secretary shall submit to

each committee, on the same day, a prospectus of the proposed

medical facility. Any such prospectus shall include the following:

(1) A detailed description of the medical facility to be constructed, altered, leased, or otherwise acquired under this subchapter, including a description of the location of such facility

and, in the case of a prospectus proposing the construction of

a new or replacement medical facility, a description of the consideration that was given to acquiring an existing facility by

lease or purchase and to the sharing of health-care resources

with the Department of Defense under section 8111 of this

title.

(2) An estimate of the cost to the United States of the construction, alteration, lease, or other acquisition of such facility

(including site costs, if applicable).

(3) An estimate of the cost to the United States of the equipment required for the operation of such facility.

(4) Demographic data applicable to such facility, including

information on projected changes in the population of veterans

to be served by the facility over a five-year period and a tenyear period.

(5) Current and projected workload and utilization data regarding the facility.

(6) Current and projected operating costs of the facility, including both recurring and non-recurring costs.

(7) The priority score assigned to the project or lease under

the Department’s prioritization methodology and, if the project

or lease is being proposed for funding before a project or lease

with a higher score, a specific explanation of the factors other

than the priority score that were considered and the basis on

which the project or lease is proposed for funding ahead of

projects or leases with higher priority scores.

(8) In the case of a prospectus proposing the construction of

a new or replacement medical facility, a description of each alternative to construction of the facility that was considered.

(c) Not less than 30 days before obligating funds for a major medical facility project approved by a law described in subsection (a)(2)

of this section in an amount that would cause the total amount obligated for that project to exceed the amount specified in the law

for that project (or would add to total obligations exceeding such
§ 8104 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 792

specified amount) by more than 10 percent, the Secretary shall provide the committees with notice of the Secretary’s intention to do

so and the reasons for the specified amount being exceeded.

(d) In any case in which the Secretary proposes that funds be

used for a purpose other than the purpose for which such funds

were appropriated, the Secretary shall promptly notify each committee, in writing, of the particulars involved and the reasons why

such funds were not used for the purpose for which appropriated.

(e) The Secretary may accept gifts or donations for any of the

purposes of this subchapter.

(f) The Secretary may not obligate funds in an amount in excess

of $500,000 from the Advance Planning Fund of the Department toward design or development of a major medical facility project (as

defined in subsection (a)(3)(A)) until—

(1) the Secretary submits to the committees a report on the

proposed obligation; and

(2) a period of 30 days has passed after the date on which

the report is received by the committees.

(Added P.L. 96–22, § 301(a), June 13, 1979, 93 Stat. 56, § 5004; amended P.L. 99–

166, §§ 301, 303, Dec. 3, 1985, 99 Stat. 954, 955; P.L. 99–576, § 221(b), Oct. 28, 1986,

100 Stat. 3259; P.L. 100–322, § 422, May 20, 1988, 102 Stat. 553; renumbered § 8104

and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L.

102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 102–405, § 301(a),

Oct. 9, 1992, 106 Stat. 1984; P.L. 103–79, § 3(a), Aug. 13, 1993, 107 Stat. 771; P.L.

104–262, §§ 205(a), 206(a), (c), Oct. 9, 1996, 110 Stat. 3189, 3190; P.L. 105–368,

§ 704, Nov. 11, 1998, 112 Stat. 3350.)

§ 8105. Structural requirements

(a) Each medical facility (including each nursing home facility for

which the Secretary contracts under section 1720 of this title and

each State home facility constructed or altered under subchapter

III of this chapter) shall be of fire, earthquake, and other natural

disaster resistant construction in accordance with standards which

the Secretary shall prescribe on a State or regional basis after surveying appropriate State and local laws, ordinances, and building

codes and climatic and seismic conditions pertinent to each such facility. When an existing structure is acquired for use as a medical

facility, it shall be altered to comply with such standards.

(b)(1) In order to carry out this section, the Secretary shall appoint an advisory committee to be known as the ‘‘Advisory Committee on Structural Safety of Department Facilities’’, on which

shall serve at least one architect and one structural engineer who

are experts in structural resistance to fire, earthquake, and other

natural disasters and who are not employees of the Federal Government.

(2) Such advisory committee shall advise the Secretary on all

matters of structural safety in the construction and altering of

medical facilities in accordance with the requirements of this section and shall review and make recommendations to the Secretary

on the regulations prescribed under this section.

(3) The Associate Deputy Secretary, the Under Secretary for

Health or the designee of the Under Secretary for Health, and the

Department official charged with the responsibility for construction

shall be ex officio members of such advisory committee.
793 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8107

(Added P.L. 96–22, § 301(a), June 13, 1979, 93 Stat. 57, § 5005; amended P.L. 96– 128, § 501(e), Nov. 28, 1979, 93 Stat. 987; renumbered § 8105, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E),

5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 102–405, § 302(c)(1), Oct. 9, 1992, 106

Stat. 1984.)

§ 8106. Construction contracts

(a) The Secretary may carry out any construction or alteration

authorized under this subchapter by contract if the Secretary considers it to be advantageous to the United States to do so.

(b)(1) The Secretary may obtain, by contract or otherwise, the

services of individuals who are architects or engineers and of architectural and engineering corporations and firms, to the extent that

the Secretary may require such services for any medical facility authorized to be constructed or altered under this subchapter.

(2) No corporation, firm, or individual may be employed under

the authority of paragraph (1) of this subsection on a permanent

basis.

(c) Notwithstanding any other provision of this section, the Secretary shall be responsible for all construction authorized under

this subchapter, including the interpretation of construction contracts, the approval of materials and workmanship supplied pursuant to a construction contract, approval of changes in the construction contract, certification of vouchers for payments due the contractor, and final settlement of the contract.

(Added P.L. 96–22, § 301(a), June 13, 1979, 93 Stat. 58, § 5006; renumbered § 8106,

P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83, § 4(b)(1),

(2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8107. Operational and construction plans for medical

facilities

(a) In order to promote effective planning for the efficient provision of care to eligible veterans, the Secretary, based on the analysis and recommendations of the Under Secretary for Health, shall

submit to each committee an annual report regarding long-range

health planning of the Department. The report shall be submitted

each year not later than the date on which the budget for the next

fiscal year is submitted to the Congress under section 1105 of title

31.

(b) Each report under subsection (a) shall include the following:

(1) A five-year strategic plan for the provision of care under

chapter 17 of this title to eligible veterans through coordinated

networks of medical facilities operating within prescribed geographic service-delivery areas, such plan to include provision of

services for the specialized treatment and rehabilitative needs

of disabled veterans (including veterans with spinal cord dysfunction, blindness, amputations, and mental illness) through

distinct programs or facilities of the Department dedicated to

the specialized needs of those veterans.

(2) A description of how planning for the networks will be coordinated.

(3) A profile regarding each such network of medical facilities which identifies—

(A) the mission of each existing or proposed medical facility in the network;
§ 8107 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 794

(B) any planned change in the mission for any such facility and the rationale for such planned change;

(C) the population of veterans to be served by the network and anticipated changes over a five-year period and

a ten-year period, respectively, in that population and in

the health-care needs of that population;

(D) information relevant to assessing progress toward

the goal of achieving relative equivalency in the level of resources per patient distributed to each network, such information to include the plans for and progress toward lowering the cost of care-delivery in the network (by means

such as changes in the mix in the network of physicians,

nurses, physician assistants, and advance practice nurses);

(E) the capacity of non-Federal facilities in the network

to provide acute, long-term, and specialized treatment and

rehabilitative services (described in section 7306(f)(1)(A) of

this title), and determinations regarding the extent to

which services to be provided in each service-delivery area

and each facility in such area should be provided directly

through facilities of the Department or through contract or

other arrangements, including arrangements authorized

under sections 8111 and 8153 of this title; and

(F) a five-year plan for construction, replacement, or alteration projects in support of the approved mission of

each facility in the network and a description of how those

projects will improve access to care, or quality of care, for

patients served in the network.

(4) A status report for each facility on progress toward—

(A) instituting planned mission changes identified under

paragraph (3)(B);

(B) implementing principles of managed care of eligible

veterans; and

(C) developing and instituting cost-effective alternatives

to provision of institutional care.

(c) The Secretary shall submit to each committee not later than

January 31 of each year a report showing the location, space, cost,

and status of each medical facility (1) the construction, alteration,

lease, or other acquisition of which has been approved under section 8104(a) of this title, and (2) which was uncompleted as of the

date of the last preceding report made under this subsection.

(d)(1) The Secretary shall submit to each committee, not later

than January 31 of each year, a report showing the current priorities of the Department for proposed major medical construction

projects. Each such report shall identify the 20 projects, from within all the projects in the Department’s inventory of proposed

projects, that have the highest priority and, for those 20 projects,

the relative priority and rank scoring of each such project and the

projected cost of such project (including the projected operating

costs, including both recurring and nonrecurring costs). The 20

projects shall be compiled, and their relative rankings shall be

shown, by category of project (including the categories of ambulatory care projects, nursing home care projects, and such other categories as the Secretary determines).
795 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8109

(2) The Secretary shall include in each report, for each project

listed, a description of the specific factors that account for the relative ranking of that project in relation to other projects within the

same category.

(3) In a case in which the relative ranking of a proposed project

has changed since the last report under this subsection was submitted, the Secretary shall also include in the report a description

of the reasons for the change in the ranking, including an explanation of any change in the scoring of the project under the Department’s scoring system for proposed major medical construction

projects.

(Added P.L. 96–22, § 301(a), June 13, 1979, 93 Stat. 58, § 5007; amended P.L. 99– 166, § 302(a)–(c)(1), Dec. 3, 1985, 99 Stat. 955; P.L. 99–576, § 222, Oct. 28, 1986, 100

Stat. 3259; renumbered § 8107 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7,

1991, 105 Stat. 238, 239; P.L. 102–54, § 14(f)(3), June 13, 1991, 105 Stat. 287; P.L.

102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 102–405, § 302(c)(1),

Oct. 9, 1992, 106 Stat. 1984; P.L. 104–262, § 204, Oct. 9, 1996, 110 Stat. 3188; P.L.

105–368, § 1005(b)(18), Nov. 11, 1998, 112 Stat. 3365.)

§ 8108. Contributions to local authorities

The Secretary may make contributions to local authorities toward, or for, the construction of traffic controls, road improvements, or other devices adjacent to a medical facility if considered

necessary for safe ingress or egress.

(Added P.L. 96–22, § 301(a), June 13, 1979, 93 Stat. 58, § 5008; renumbered § 8108,

P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83, § 4(b)(1),

(2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8109. Parking facilities

(a) For the purpose of this section— (1) The term ‘‘garage’’ means a structure (or part of a structure) in which vehicles may be parked.

(2) The term ‘‘parking facility’’ includes— (A) a surface parking lot; and

(B) a garage.

(3) The term ‘‘eligible person’’ means an individual to whom

the Secretary is authorized to furnish medical examination or

treatment.

(b) In order to accommodate the vehicles of employees of medical

facilities, vehicles used to transport veterans and eligible persons

to or from such facilities for the purpose of examination or treatment, and the vehicles of visitors and other individuals having

business at such facilities, the Secretary—

(1) may construct or alter parking facilities, and may acquire, by purchase, lease, condemnation, donation, exchange,

or otherwise, such land or interests in land as the Secretary

considers necessary for use as the site for any such construction or alteration;

(2) may acquire, by purchase, lease, condemnation, donation,

exchange, or otherwise, any facility that the Secretary considers necessary for use as a parking facility; and

(3) may operate and maintain parking facilities.

(c)(1) Except as provided in paragraph (2) of this subsection, each

employee, visitor, and other individual having business at a medical facility for which parking fees have been established under
§ 8109 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 796

subsection (d) or (e) of this section shall be charged the applicable

parking fee for the use of a parking facility at such medical facility.

(2) A parking fee shall not be charged under this subsection for

the accommodation of any vehicle used to transport to or from a

medical facility—

(A) a veteran or eligible person in connection with such veteran or eligible person seeking examination or treatment; or

(B) a volunteer worker (as determined in accordance with

regulations which the Secretary shall prescribe) in connection

with such worker performing services for the benefit of veterans receiving care at a medical facility.

(3) The Secretary shall collect (or provide for the collection of)

parking fees charged under this subsection.

(d)(1) For each medical facility where funds from the revolving

fund described in subsection (h) of this section are expended for—

(A) a garage constructed or acquired by the Department at

a cost exceeding $500,000 (or, in the case of acquisition by

lease, $100,000 per year); or

(B) a project for the alteration of a garage at a cost exceeding

$500,000,

the Secretary shall prescribe a schedule of parking fees to be

charged at all parking facilities used in connection with such medical facility.

(2) The parking fee schedule prescribed for a medical facility referred to in paragraph (1) of this subsection shall be designed to

establish fees which the Secretary determines are reasonable under

the circumstances.

(e) The Secretary may prescribe a schedule of parking fees for

the parking facilities at any medical facility not referred to in subsection (d) of this section. Any such schedule shall be designed to

establish fees which the Secretary determines to be reasonable

under the circumstances and shall cover all parking facilities used

in connection with such medical facility.

(f) The Secretary may contract (by lease or otherwise) for the operation of parking facilities at medical facilities under such terms

and conditions as the Secretary prescribes and may do so without

regard to laws requiring full and open competition.

(g) Subject to subsections (h) and (i) of this section, there are authorized to be appropriated such amounts as are necessary to finance (in whole or in part) the construction, alteration, and acquisition (including site acquisition) of parking facilities at medical facilities.

(h)(1) Amounts appropriated pursuant to subsection (g) of this

section and parking fees collected under subsection (c) of this section shall be administered as a revolving fund and shall be available without fiscal year limitation.

(2) The revolving fund shall be deposited in a checking account

with the Treasurer of the United States.

(3)(A) Except as provided in subparagraph (B) of this paragraph,

no funds other than funds from the revolving fund may be expended for the construction, alteration, or acquisition (including

site acquisition) of a garage at a medical facility after September

30, 1986.
797 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8110

(B) Subparagraph (A) of this paragraph does not apply to the use

of funds for investigations and studies, surveys, designs, plans, construction documents, specifications, and similar actions not directly

involved in the physical construction of a structure.

(i)(1) The expenditure of funds from the revolving fund may be

made only for the construction, alteration, and acquisition (including site acquisition) of parking facilities at medical facilities and

may be made only as provided for in appropriation Acts.

(2) For the purpose of section 8104(a)(2) of this title, a bill, resolution, or amendment which provides that funds in the revolving

fund (including any funds proposed in such bill, resolution, or

amendment to be appropriated to the revolving fund) may be expended for a project involving a total expenditure of more than

$4,000,000 for the construction, alteration, or acquisition (including

site acquisition) of a parking facility or facilities at a medical facility shall be considered to be a bill, resolution, or amendment making an appropriation which may be expended for a major medical

facility project.

(Added P.L. 96–22, § 301(a), June 13, 1979, 93 Stat. 59, § 5009; amended P.L. 99– 576, § 223(a)(1), Oct. 28, 1986, 100 Stat. 3259; renumbered § 8109 and amended P.L.

102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–83, § 4(a)(3),

(4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 103–79, § 3(b), Aug. 13, 1993,

107 Stat. 771; P.L. 104–262, § 207(b), Oct. 9, 1996, 110 Stat. 3190; P.L. 105–368,

§ 705, Nov. 11, 1998, 112 Stat. 3350.)

§ 8110. Operation of medical facilities

(a)(1) The Secretary shall establish the total number of hospital

beds and nursing home beds in medical facilities over which the

Secretary has direct jurisdiction for the care and treatment of eligible veterans at not more than 125,000 and not less than 100,000.

The Secretary shall establish the total number of such beds so as

to maintain a contingency capacity to assist the Department of Defense in time of war or national emergency to care for the casualties of such war or national emergency. Of the number of beds authorized pursuant to the preceding sentence, the Secretary shall

operate and maintain a total of not less than 90,000 hospital beds

and nursing home beds and shall maintain the availability of such

additional beds and facilities in addition to the operating bed level

as the Secretary considers necessary for such contingency purposes.

The President shall include in the Budget transmitted to the Congress for each fiscal year pursuant to section 1105 of title 31, an

amount for medical care and amounts for construction sufficient to

enable the Department to operate and maintain a total of not less

than 90,000 hospital and nursing home beds in accordance with

this paragraph and to maintain the availability of the contingency

capacity referred to in the second sentence of this paragraph. The

Secretary shall staff and maintain, in such a manner as to ensure

the immediate acceptance and timely and complete care of patients,

and in a manner consistent with the policies of the Secretary on

overtime, sufficient beds and other treatment capacities to accommodate, and provide such care to, eligible veterans applying for admission and found to be in need of hospital care or medical

services.

(2) The Secretary shall maintain the bed and treatment capacities of all Department medical facilities, including the staffing re-
§ 8110 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 798

quired to maintain such capacities, so as to ensure the accessibility

and availability of such beds and treatment capacities to eligible

veterans in all States, to minimize delays in admissions and in the

provision of hospital, nursing home, and domiciliary care, and of

medical services furnished pursuant to section 1710(a) of this title,

and to ensure that eligible veterans are provided such care and

services in an appropriate manner.

(3)(A) The Under Secretary for Health shall at the end of each

fiscal year (i) analyze agencywide admission policies and the

records of those eligible veterans who apply for hospital care, medical services, and nursing home care, but are rejected or not immediately admitted or provided such care or services, and (ii) review

and make recommendations regarding the adequacy of staff levels

for compliance with the policy established under subparagraph (C),

the adequacy of the established operating bed levels, the geographic distribution of operating beds, the demographic characteristics of the veteran population and the associated need for medical

care and nursing home facilities and services in each State, and the

proportion of the total number of operating beds that are hospital

beds and that are nursing home beds.

(B) After considering the analyses and recommendations of the

Under Secretary for Health pursuant to subparagraph (A) of this

paragraph for any fiscal year, the Secretary shall report to the

committees, on or before December 1 after the close of such fiscal

year, on the results of the analysis of the Under Secretary for

Health and on the numbers of operating beds and level of treatment capacities required to enable the Department to carry out the

primary function of the Veterans Health Administration. The Secretary shall include in each such report recommendations for (i) the

numbers of operating beds and the level of treatment capacities required for the health care of veterans and the maintenance of the

contingency capacity referred to in paragraph (1) of this subsection,

and (ii) the appropriate staffing and funds therefor.

(C) The Secretary shall, in consultation with the Under Secretary

for Health, establish a nationwide policy on the staffing of Department medical facilities in order to ensure that such facilities have

adequate staff for the provision to veterans of appropriate, highquality care and services. The policy shall take into account the

staffing levels and mixture of staff skills required for the range of

care and services provided veterans in Department facilities.

(4)(A) With respect to each law making appropriations for the

Department for any fiscal year (or any part of a fiscal year), there

shall be provided to the Department the funded personnel ceiling

defined in subparagraph (C) of this paragraph and the funds appropriated therefor.

(B) In order to carry out the provisions of subparagraph (A) of

this paragraph, the Director of the Office of Management and

Budget shall, with respect to each such law (i) provide to the Department for the fiscal year (or part of a fiscal year) concerned such

funded personnel ceiling and the funds necessary to achieve such

ceiling, and (ii) submit to the appropriate committees of the Congress and to the Comptroller General of the United States certification that the Director has so provided such ceiling. Not later

than the thirtieth day after the enactment of such a law or, in the
799 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8110

event of the enactment of such a law more than thirty days prior

to the fiscal year for which such law makes such appropriations,

not later than the tenth day of such fiscal year, the certification required in the first sentence of this subparagraph shall be submitted, together with a report containing complete information on

the personnel ceiling that the Director has provided to the Department for the employees described in subparagraph (C) of this paragraph.

(C) For the purposes of this paragraph, the term ‘‘funded personnel ceiling’’ means, with respect to any fiscal year (or part of a

fiscal year), the authorization by the Director of the Office of Management and Budget to employ (under the appropriation accounts

for medical care, medical and prosthetic research, and medical administration and miscellaneous operating expenses) not less than

the number of employees for the employment of which appropriations have been made for such fiscal year (or part of a fiscal year).

(5) Notwithstanding any other provision of this title or of any

other law, funds appropriated for the Department under the appropriation accounts for medical care, medical and prosthetic research,

and medical administration and miscellaneous operating expenses

may not be used for, and no employee compensated from such

funds may carry out any activity in connection with, the conduct

of any study comparing the cost of the provision by private contractors with the cost of the provision by the Department of commercial

or industrial products and services for the Veterans Health Administration unless such funds have been specifically appropriated for

that purpose.

(6)(A) Temporary research personnel of the Veterans Health Administration shall be excluded from any ceiling on full-time equivalent employees of the Department or any other personnel ceiling

otherwise applicable to employees of the Department.

(B) For purposes of subparagraph (A) of this paragraph, the term

‘‘temporary research personnel’’ means personnel who are employed

in the Veterans Health Administration in other than a career appointment for work on a research activity and who are not paid by

the Department or are paid from funds appropriated to the Department to support such activity.

(b) When the Secretary determines, in accordance with regulations which the Secretary shall prescribe, that a Department facility serves a substantial number of veterans with limited Englishspeaking ability, the Secretary shall establish and implement procedures, upon the recommendation of the Under Secretary for

Health, to ensure the identification of sufficient numbers of individuals on such facility’s staff who are fluent in both the language

most appropriate to such veterans and in English and whose responsibilities shall include providing guidance to such veterans and

to appropriate Department staff members with respect to cultural

sensitivities and bridging linguistic and cultural differences.

(c) The Secretary shall include in the materials submitted to

Congress each year in support of the budget of the Department for

the next fiscal year a report on activities and proposals involving

contracting for performance by contractor personnel of work previously performed by Department employees. The report shall—
§ 8110 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 800

(1) identify those specific activities that are currently performed at a Department facility by more than 10 Department

employees which the Secretary proposes to study for possible

contracting involving conversion from performance by Department employees to performance by employees of a contractor;

and

(2) identify those specific activities that have been contracted

for performance by contractor employees during the prior fiscal

year (shown by location, subject, scope of contracts, and savings) and shall describe the effect of such contracts on the

quality of delivery of health services during such year.

(d) The Secretary may not in any fiscal year close more than 50

percent of the beds within a bed section (of 20 or more beds) of a

Department medical center unless the Secretary first submits to

the Committees on Veterans’ Affairs of the Senate and the House

of Representatives a report providing a justification for the closure.

No action to carry out such closure may be taken after the submission of such report until the end of the 21-day period beginning on

the date of the submission of the report.

(e) The Secretary shall submit to the Committees on Veterans’

Affairs of the Senate and the House of Representatives, not later

than January 20 of each year, a report documenting by network for

the preceding fiscal year the following:

(1) The number of medical service and surgical service beds,

respectively, that were closed during that fiscal year and, for

each such closure, a description of the changes in delivery of

services that allowed such closure to occur.

(2) The number of nursing home beds that were the subject

of a mission change during that fiscal year and the nature of

each such mission change.

(f ) For purposes of this section:

(1) The term ‘‘closure’’, with respect to beds in a medical center, means ceasing to provide staffing for, and to operate, those

beds. Such term includes converting the provision of such bed

care from care in a Department facility to care under contract

arrangements.

(2) The term ‘‘bed section’’, with respect to a medical center,

means psychiatric beds (including beds for treatment of substance abuse and post-traumatic stress disorder), intermediate,

neurology, and rehabilitation medicine beds, extended care

(other than nursing home) beds, and domiciliary beds.

(3) The term ‘‘justification’’, with respect to closure of beds,

means a written report that includes the following:

(A) An explanation of the reasons for the determination

that the closure is appropriate and advisable.

(B) A description of the changes in the functions to be

carried out and the means by which such care and services

would continue to be provided to eligible veterans.

(C) A description of the anticipated effects of the closure

on veterans and on their access to care.

(Added P.L. 96–22, § 301(a), June 13, 1979, 93 Stat. 59, § 5010; amended P.L. 96–

151, § 301(a), Dec. 20, 1979, 93 Stat. 1095; P.L. 97–66, § 601(b), Oct. 17, 1981, 95

Stat. 1033; P.L. 97–72, § 108, Nov. 3, 1981, 95 Stat. 1053; P.L. 97–306, § 409(b), Oct.

14, 1982, 96 Stat. 1446; P.L. 97–452, § 2(e)(4), Jan. 12, 1983, 96 Stat. 2479; P.L. 98–
801 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8111

160, § 702(19), Nov. 21, 1983, 97 Stat. 1010; P.L. 98–528, § 102, Oct. 19, 1984, 98

Stat. 2688; P.L. 99–576, § 702(15), Oct. 28, 1986, 100 Stat. 3302; P.L. 100–322,

§ 222(a), § 401(a), May 20, 1988, 102 Stat. 531, 543; renumbered § 8110 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–83,

§§ 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; P.L. 102–405,

§ 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; P.L. 103–446, § 1103, § 1201(b)(1), (d)(17),

(g)(7), Nov. 2, 1994, 108 Stat. 4681, 4682, 4684, 4687; P.L. 104–66, § 1141(c), Dec.

21, 1995, 109 Stat. 726; P.L. 104–262, §§ 101(e)(4), 305, Oct. 9, 1996, 110 Stat. 3181,

3194; P.L. 106–117, § 301, Nov. 30, 1999, 113 Stat. 1571; P.L. 107–135, § 124, Jan.

23, 2002, 115 Stat. 2452.)

§ 8111. Sharing of Department and Department of Defense

health-care resources

(a) The Secretary and the Secretary of the Army, the Secretary

of the Air Force, and the Secretary of the Navy may enter into

agreements and contracts for the mutual use or exchange of use of

hospital and domiciliary facilities, and such supplies, equipment,

material, and other resources as may be needed to operate such facilities properly, except that the Secretary may not enter into an

agreement that would result (1) in a permanent reduction in the

total number of authorized Department hospital beds and nursing

home beds to a level below the minimum number of such beds required by section 8110(a)(1) of this title to be authorized, or (2) in

a permanent reduction in the total number of such beds operated

and maintained to a level below the minimum number of such beds

required by such section to be operated and maintained or in any

way subordinate or transfer the operation of the Department to

any other agency of the Government.

(b)(1) In order to promote the sharing of health-care resources between the Department and the Department of Defense (hereinafter

in this section referred to as the ‘‘agencies’’), there is established

an interagency committee to be known as the Department/Department of Defense Health-Care Resources Sharing Committee (hereinafter in this subsection referred to as the ‘‘Committee’’).

(2) The Committee shall be composed of—

(A) the Under Secretary for Health and such other officers

and employees of the Department as the Under Secretary for

Health may designate; and

(B) the Assistant Secretary of Defense for Health Affairs

(hereinafter in this section referred to as the ‘‘Assistant Secretary’’) and such other officers and employees of the Department of Defense as the Assistant Secretary may designate,

except that the size of the Committee shall be mutually determined

by the Under Secretary for Health and the Assistant Secretary.

During odd-numbered fiscal years, the Under Secretary for Health

shall be the chairman of the Committee. During even-numbered

fiscal years, the Assistant Secretary shall be the chairman of the

Committee. The agencies shall provide administrative support services for the Committee at a level sufficient for the efficient operation of the Committee and shall share the responsibility for the

provision of such services on an equitable basis.

(3) In order to enable the Committee to make recommendations

under paragraph (4) of this subsection, the Committee shall on a

continuing basis—
§ 8111 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 802

(A) review existing policies, procedures, and practices relating to the sharing of health-care resources between the agencies;

(B) identify and assess further opportunities for the sharing

of health-care resources between the agencies that would not,

in the judgment of the Committee, adversely affect the range

of services, the quality of care, or the established priorities for

care provided by either agency;

(C) identify changes in policies, procedures, and practices

that would, in the judgment of the Committee, promote such

sharing of health-care resources between the agencies;

(D) monitor plans of the agencies for the acquisition of additional health-care resources, including the location of new facilities and the acquisition of major equipment, in order to assess the potential impact of such plans on further opportunities

for such sharing of health-care resources; and

(E) monitor the implementation of activities designed to promote the sharing of health-care resources between the agencies.

(4) At such times as the Committee considers appropriate, the

Committee shall make recommendations to the Secretary or the

Secretary of Defense, or both, with respect to (A) changes in policies, procedures, and practices that the Committee has identified

under paragraph (3)(C) of this subsection pertaining to the sharing

of health-care resources described in such paragraph, and (B) such

other matters as the Committee considers appropriate in order to

promote such sharing of health-care resources.

(c)(1) After considering the recommendations made under subsection (b)(4) of this section, the Secretary and the Secretary of Defense shall jointly establish guidelines to promote the sharing of

health-care resources between the agencies. Guidelines established

under this subsection shall provide for such sharing consistent with

the health-care responsibilities of the Department under this title

and with the health-care responsibilities of the Department of Defense under chapter 55 of title 10 and so as not to adversely affect

the range of services, the quality of care, or the established priorities for care provided by either agency.

(2) Guidelines established under paragraph (1) of this subsection

shall authorize the heads of individual medical facilities of the

agencies to enter into health-care resources sharing agreements in

accordance with subsection (d) of this section and shall include

guidelines for such agreements.

(d)(1) The head of each medical facility of either agency is authorized to enter into sharing agreements with the heads of medical facilities of the other agency in accordance with guidelines established under subsection (c) of this section. Under any such

agreement, an individual who is a primary beneficiary of one agency may be provided health care at a facility of the other agency

that is a party to the sharing agreement.

(2) Each such agreement shall identify the health-care resources

to be shared.

(3) Each such agreement shall provide, and shall specify procedures designed to ensure, that the availability of direct health care

to individuals who are not primary beneficiaries of the providing
803 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8111

agency (A) is on a referral basis from the facility of the other agency, and (B) does not (as determined by the head of the facility of

the providing agency) adversely affect the range of services, the

quality of care, or the established priorities for care provided to the

primary beneficiaries of the providing agency.

(4) Each such agreement shall provide that a providing agency

shall be reimbursed for the cost of the health-care resources provided under the agreement and that the rate for such reimbursement shall be determined in accordance with the methodology

agreed to pursuant to subsection (e) of this section.

(5) Each proposal for an agreement under paragraph (1) of this

subsection shall be submitted to the Under Secretary for Health

and the Assistant Secretary and shall be effective as an agreement

in accordance with its terms (A) on the forty-sixth day after the receipt of such proposal by both such officials, unless earlier disapproved by either such official, or (B) if earlier approved by both

such officials, on the date of such approval.

(e) Reimbursement under any sharing agreement entered into

under subsection (d) of this section shall be based upon a methodology that is agreed upon by the Under Secretary for Health and

the Assistant Secretary and that provides appropriate flexibility to

the heads of the facilities concerned to take into account local conditions and needs and the actual costs to the providing agency’s facility of the health-care resources provided. Any funds received

through such a reimbursement shall be credited to funds that have

been allotted to the facility that provided the care or services.

(f) At the time the President’s Budget is transmitted to Congress

in any year pursuant to section 1105 of title 31, the Secretary and

the Secretary of Defense shall submit a joint report to Congress on

the implementation of this section during the fiscal year that ended

during the previous calendar year. Each such report shall include—

(1) the guidelines prescribed under subsection (c) of this section (and any revision of such guidelines);

(2) the assessment of further opportunities identified under

clause (B) of subsection (b)(3) of this section for sharing of

health-care resources between the agencies;

(3) any recommendation made under subsection (b)(4) of this

section during such fiscal year;

(4) a review of the sharing agreements entered into under

subsection (d) of this section and a summary of activities under

such agreements during such fiscal year;

(5) a summary of other planning and activities involving either agency in connection with promoting the coordination and

sharing of Federal health-care resources during the preceding

fiscal year; and

(6) such recommendations for legislation as the Secretary

and the Secretary of Defense consider appropriate to facilitate

the sharing of health-care resources between the agencies.

(g) For the purposes of this section:

(1) The term ‘‘beneficiary’’ means a person who is a primary

beneficiary of the Department or of the Department of Defense.

(2) The term ‘‘direct health care’’ means health care provided

to a beneficiary in a medical facility operated by the Department or the Department of Defense.
§ 8111 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 804

(3) The term ‘‘head of a medical facility’’ (A) with respect to

a medical facility of the Department, means the director of the

facility, and (B) with respect to a medical facility of the Department of Defense, means the medical or dental officer in charge

or the contract surgeon in charge.

(4) The term ‘‘health-care resource’’ includes hospital care,

medical services, and rehabilitative services, as those terms

are defined in paragraphs (5), (6), and (8), respectively, of section 1701 of this title, services under sections 1782 and 1783

of this title any other health-care service, and any health-care

support or administrative resource.

(5) The term ‘‘primary beneficiary’’ (A) with respect to the

Department means a person who is eligible under this title

(other than under section 1782, 1783, or 1784 or subsection (d)

of this section) or any other provision of law for care or services

in Department medical facilities, and (B) with respect to the

Department of Defense, means a member or former member of

the Armed Forces who is eligible for care under section 1074

of title 10.

(6) The term ‘‘providing agency’’ means the Department, in

the case of care or services furnished by a facility of the Department, and the Department of Defense, in the case of care

or services furnished by a facility of the Department of Defense.

(Added P.L. 96–22, § 301(a), June 13, 1979, 93 Stat. 60, § 5011; amended P.L. 97– 174, § 3(a), (b)(1), May 4, 1982, 96 Stat. 70, 73; P.L. 97–452, § 2(e)(4), Jan. 12, 1983,

96 Stat. 2479; renumbered § 8111 and amended P.L. 102–40, § 402(b)(1), (d)(1), May

7, 1991, 105 Stat. 238, 239; P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug.

6, 1991, 105 Stat. 404–406; P.L. 102–405, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984;

P.L. 103–446, § 1201(g)(8), (i)(10), Nov. 2, 1994, 108 Stat. 4687, 4688; P.L. 107–135,

§ 208(e)(6), Jan. 23, 2002, 115 Stat. 2464.)

§ 8111A. Furnishing of health-care services to members of

the Armed Forces during a war or national emergency

(a)(1) During and immediately following a period of war, or a period of national emergency declared by the President or the Congress that involves the use of the Armed Forces in armed conflict,

the Secretary may furnish hospital care, nursing home care, and

medical services to members of the Armed Forces on active duty.

The Secretary may give a higher priority to the furnishing of care

and services under this section than to the furnishing of care and

services to any other group of persons eligible for care and services

in medical facilities of the Department with the exception of veterans with service-connected disabilities.

(2) For the purposes of this section, the terms ‘‘hospital care’’,

‘‘nursing home care’’, and ‘‘medical services’’ have the meanings

given such terms by sections 1701(5), 101(28), and 1701(6) of this

title, respectively, and the term ‘‘medical services’’ includes services

under sections 1782 and 1783 of this title.

(b)(1) During a period in which the Secretary is authorized to

furnish care and services to members of the Armed Forces under

subsection (a) of this section, the Secretary, to the extent authorized by the President and subject to the availability of appropriations or reimbursements under subsection (c) of this section, may
805 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8112

enter into contracts with private facilities for the provision during

such period by such facilities of hospital care and medical services

described in paragraph (2) of this subsection.

(2) Hospital care and medical services referred to in paragraph

(1) of this subsection are—

(A) hospital care and medical services authorized under this

title for a veteran and necessary for the care or treatment of

a condition for which the veteran is receiving medical services

at a Department facility under subsection (a) of section 1710

of this title, in a case in which the delay involved in furnishing

such care or services at such Department facility or at any

other Department facility reasonably accessible to the veteran

would, in the judgment of the Under Secretary for Health, be

likely to result in a deterioration of such condition; and

(B) hospital care for a veteran who—

(i) is receiving hospital care under section 1710 of this

title; or

(ii) is eligible for hospital care under such section and requires such care in a medical emergency that poses a serious threat to the life or health of the veteran;

if Department facilities are not capable of furnishing or continuing to furnish the care required because of the furnishing

of care and services to members of the Armed Forces under

subsection (a) of this section.

(c)(1) The cost of any care or services provided by the Department under subsection (a) of this section shall be reimbursed to the

Department by the Department of Defense at such rates as may be

agreed upon by the Secretary and the Secretary of Defense based

on the cost of the care or services provided.

(2) Amounts received under this subsection shall be credited to

funds allotted to the Department facility that provided the care or

services.

(d)(1) The Secretary and the Secretary of Defense shall jointly review plans for the implementation of this section not less often

than annually.

(2) Whenever a modification to such plans is agreed to, the Secretaries shall jointly submit to the Committees on Veterans’ Affairs

of the Senate and House of Representatives a report on such modification. Any such report shall be submitted within 30 days after

the modification is agreed to.

(e) The Secretary shall prescribe regulations to govern any exercise of the authority of the Secretary under subsections (a) and (b)

of this section and of the Under Secretary for Health under subsection (b)(2)(A) of this section.

(Added P.L. 97–174, § 4(a), May 4, 1982, 96 Stat. 74, § 5011A; renumbered § 8111A,

P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–54, § 14(f)(4),

June 13, 1991, 105 Stat. 287; P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug.

6, 1991, 105 Stat. 404–406; P.L. 102–405, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984;

P.L. 104–262, § 101(e)(5), Oct. 9, 1996, 110 Stat. 3181; P.L. 106–419, § 403(b), Nov.

1, 2000, 114 Stat. 1864; P.L. 107–135, § 208(e)(7), Jan. 23, 2002, 115 Stat. 2464.)

§ 8112. Partial relinquishment of legislative jurisdiction

The Secretary, on behalf of the United States, may relinquish to

the State in which any lands or interests therein under the super-
§ 8112 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 806

vision or control of the Secretary are situated, such measure of legislative jurisdiction over such lands or interests as is necessary to

establish concurrent jurisdiction between the Federal Government

and the State concerned. Such partial relinquishment of legislative

jurisdiction shall be initiated by filing a notice thereof with the

Governor of the State concerned, or in such other manner as may

be prescribed by the laws of such State, and shall take effect upon

acceptance by such State.

(Added P.L. 96–22, § 301(a), June 13, 1979, 93 Stat. 60, § 5012; renumbered § 8112,

P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83, § 4(b)(1),

(2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8113. Property formerly owned by National Home for Disabled Volunteer Soldiers

If by reason of any defeasance or conditional clause or clauses

contained in any deed of conveyance of property to the National

Home for Disabled Volunteer Soldiers, which property is owned by

the United States, the full and complete enjoyment and use of such

property is threatened, the Attorney General, upon request of the

President, shall institute in the United States district court for the

district in which the property is located such proceedings as may

be proper to extinguish all outstanding adverse interests. The Attorney General may procure and accept, on behalf of the United

States, by gift, purchase, cession, or otherwise, absolute title to,

and complete jurisdiction over, all such property.

(Added P.L. 96–22, § 301(a), June 13, 1979, 93 Stat. 61, § 5013; renumbered § 8113,

P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238.)

§ 8114. Use of federally owned facilities; use of personnel

(a) The Secretary, subject to the approval of the President, may

use as medical facilities such suitable buildings, structures, and

grounds owned by the United States on March 3, 1925, as may be

available for such purposes, and the President may by Executive

order transfer any such buildings, structures, and grounds to the

control and jurisdiction of the Department upon the request of the

Secretary.

(b) The President may require the architectural, engineering,

constructing, or other forces of any of the departments of the Government to do or assist in the construction and alteration of medical facilities, and the President may employ for such purposes individuals and agencies not connected with the Government, if in

the opinion of the President such is desirable, at such compensation as the President may consider reasonable.

(Added P.L. 96–22, § 301(a), June 13, 1979, 93 Stat. 61, § 5014; renumbered § 8114,

P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–83, § 4(a)(3),

(4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8115. Acceptance of certain property

The President may accept from any State or other political subdivision, or from any person, any building, structure, equipment, or

grounds suitable for the care of disabled persons, with due regard

to fire or other hazards, state of repair, and all other pertinent considerations. The President may designate which agency of the Fed-
807 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8121

eral Government shall have the control and management of any

property so accepted.

(Added P.L. 96–22, § 301(a), June 13, 1979, 93 Stat. 61, § 5015; renumbered § 8115,

P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238.)

§ 8116. Nursing home revolving fund

(a)(1) Amounts realized from a transfer pursuant to section

8122(a)(2)(C) of this title shall be administered as a revolving fund

and shall be available without fiscal year limitation.

(2) The revolving fund shall be deposited in a checking account

with the Treasurer of the United States.

(b)(1) The expenditure of funds from the revolving fund may be

made only for the construction, alteration, and acquisition (including site acquisition) of nursing home facilities and may be made

only as provided for in appropriation Acts.

(2) For the purpose of section 8104(a)(2) of this title, a bill, resolution, or amendment which provides that funds in the revolving

fund may be expended for a project involving a total expenditure

of more than $2,000,000 for the construction, alteration, or acquisition (including site acquisition) of a nursing home facility shall be

considered to be a bill, resolution, or amendment making an appropriation which may be expended for a major medical facility

project.

(Added P.L. 100–322, § 205(a), May 20, 1988, 102 Stat. 512, § 5016; renumbered

§ 8116 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238,

239.)

SUBCHAPTER II—PROCUREMENT AND SUPPLY

§ 8121. Revolving supply fund

(a) The revolving supply fund established for the operation and

maintenance of a supply system for the Department (including procurement of supplies, equipment, and personal services and the repair and reclamation of used, spent, or excess personal property)

shall be—

(1) available without fiscal year limitations for all expenses

necessary for the operation and maintenance of such supply

system;

(2) reimbursed from appropriations for the cost of all services, equipment, and supplies furnished, at rates determined

by the Secretary on the basis of estimated or actual direct cost

(which may be based on the cost of recent significant purchases

of the equipment or supply item involved) and indirect cost;

and

(3) credited with advances from appropriations for activities

to which services or supplies are to be furnished, and all other

receipts resulting from the operation of the fund, including

property returned to the supply system when no longer required by activities to which it had been furnished, the proceeds of disposal of scrap, excess or surplus personal property

of the fund, and receipts from carriers and others for loss of

or damage to personal property.

At the end of each fiscal year, there shall be covered into the Treasury of the United States as miscellaneous receipts such amounts as
§ 8121 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 808

the Secretary determines to be in excess of the requirements necessary for the maintenance of adequate inventory levels and for the

effective financial management of the revolving supply fund.

(b) An adequate system of accounts for the fund shall be maintained on the accrual method, and financial reports prepared on

the basis of such accounts. An annual business type budget shall

be prepared for operations under the fund.

(c) The Secretary is authorized to capitalize, at fair and reasonable values as determined by the Secretary, all supplies and materials and depot stocks of equipment on hand or on order.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1253, § 5011; amended P.L. 87–314, Sept. 26,

1961, 75 Stat. 675; P.L. 94–581, § 210(e)(6), Oct. 21, 1976, 90 Stat. 2865; renumbered § 5021, P.L. 96–22, § 301(b)(1), June 13, 1979, 93 Stat. 61; P.L. 96–330,

§ 402(a), Aug. 26, 1980, 94 Stat. 1051; renumbered § 8121, P.L. 102–40, § 402(b)(1),

May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991,

105 Stat. 404, 405.)

§ 8122. Authority to procure and dispose of property and to

negotiate for common services

(a)(1) The Secretary may lease for a term not exceeding three

years lands or buildings, or parts or parcels thereof, belonging to

the United States and under the Secretary’s control. Any lease

made pursuant to this subsection to any public or nonprofit organization may be made without regard to the provisions of section

3709 of the Revised Statutes (41 U.S.C. 5). Notwithstanding section

321 of the Act of June 30, 1932 (40 U.S.C. 303b), or any other provision of law, a lease made pursuant to this subsection to any public or nonprofit organization may provide for the maintenance, protection, or restoration, by the lessee, of the property leased, as a

part or all of the consideration for the lease. Prior to the execution

of any such lease, the Secretary shall give appropriate public notice

of the Secretary’s intention to do so in the newspaper of the community in which the lands or buildings to be leased are located.

The proceeds from such leases, less expenses for maintenance, operation, and repair of buildings leased for living quarters, shall be

covered into the Treasury of the United States as miscellaneous receipts.

(2)(A) Except as provided in paragraph (3) of this subsection, the

Secretary may not during any fiscal year transfer to another Federal agency or to a State (or any political subdivision of a State)

any interest in real property described in subparagraph (B) of this

paragraph unless (i) the transfer (as proposed) was described in the

budget for that fiscal year submitted to Congress pursuant to section 1105 of title 31, and (ii) the Department receives compensation

equal to the fair market value of the property.

(B) An interest in real property described in this subparagraph

is an interest in real property that is owned by the United States

and administered by the Secretary and that has an estimated value

in excess of $50,000.

(C) Amounts realized from the transfer of any interest in real

property described in subparagraph (B) of this paragraph shall be

deposited in the nursing home revolving fund established under

section 8116 of this title.

(3)(A) Subject to subparagraph (B) of this paragraph, the Secretary may, without regard to paragraph (2) of this subsection or
809 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8122

any other provision of law relating to the disposition of real property by the United States, transfer to a State for use as the site

of a State nursing-home or domiciliary facility real property described in subparagraph (E) of this paragraph which the Secretary

determines to be excess to the needs of the Department.

(B) A transfer of real property may not be made under this paragraph unless— (i) the Secretary has determined that the State has provided

sufficient assurance that it has the resources (including any resources which are reasonably likely to be available to the State

under subchapter III of chapter 81 of this title and section

1741 of this title) necessary to construct and operate a State

home nursing or domiciliary care facility; and

(ii) the transfer is made subject to the conditions (I) that the

property be used by the State for a nursing-home or domiciliary care facility in accordance with the conditions and limitations applicable to State home facilities constructed with assistance under subchapter III of chapter 81 of this title, and

(II) that, if the property is used at any time for any other purpose, all right, title, and interest in and to the property shall

revert to the United States.

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

(i) the Secretary submits to the Committees on Veterans’ Affairs of the Senate and House of Representatives, not later

than June 1 of the year in which the transfer is proposed to

be made (or the year preceding that year), a report providing

notice of the proposed transfer; and

(ii) a period of 90 consecutive days elapses after the report

is received by those committees.

(D) A transfer under this paragraph shall be made under such

additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States.

(E) Real property described in this subparagraph is real property

that is owned by the United States and administered by the Secretary.

(b) The Secretary may, for the purpose of extending benefits to

veterans and dependents, and to the extent the Secretary deems

necessary, procure the necessary space for administrative purposes

by lease, purchase, or construction of buildings, or by condemnation

or declaration of taking, pursuant to law.

(c) The Secretary may procure laundry services, and other common services as specifically approved by the Secretary from nonprofit, tax-exempt educational, medical or community institutions,

without regard to the requirements of section 302(c) of the Federal

Property and Administrative Services Act of 1949, as amended (41

U.S.C. 252(c)), whenever such services are not reasonably available

from private commercial sources. Notwithstanding this exclusion,

the provisions of section 304 of that Act (41 U.S.C. 254) shall apply

to procurement authorized by this subsection.

(d) Real property under the jurisdiction of the Secretary may not

be declared excess by the Secretary and disposed of by the General

Services Administration or any other entity of the Federal Government unless the Secretary determines that the property is no
§ 8122 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 810

longer needed by the Department in carrying out its functions and

is not suitable for use for the provision of services to homeless veterans by the Department or by another entity under an enhanceduse lease of such property under section 8162 of this title.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1253, § 5012; amended P.L. 89–785, § 202(a),

(b), Nov. 7, 1966, 80 Stat. 1373; P.L. 93–82, § 302(2), Aug. 2, 1973, 87 Stat. 195;

P.L. 94–581, § 210(e)(7), Oct. 21, 1976, 90 Stat. 2865; renumbered § 5022 and

amended P.L. 96–22, § 301(b), June 13, 1979, 93 Stat. 61; P.L. 96–330, § 403(a), Aug.

26, 1980, 94 Stat. 1052; P.L. 97–295, § 4(91), Oct. 12, 1982, 96 Stat. 1313; P.L. 98–

160, § 401, Nov. 21, 1983, 97 Stat. 1004; P.L. 100–322, § 421(a)(1), May 20, 1988,

102 Stat. 552; P.L. 100–687, div. B, § 1505, Nov. 18, 1988, 102 Stat. 4135; renumbered § 8122 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

238, 239; P.L. 102–54, § 14(f)(5), June 13, 1991, 105 Stat. 288; P.L. 102–83,

§§ 4(a)(1), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406; P.L. 107–

95, § 10(a), Dec. 21, 2001, 115 Stat. 920.)

§ 8123. Procurement of prosthetic appliances

The Secretary may procure prosthetic appliances and necessary

services required in the fitting, supplying, and training and use of

prosthetic appliances by purchase, manufacture, contract, or in

such other manner as the Secretary may determine to be proper,

without regard to any other provision of law.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1254, § 5013; amended P.L. 94–581, § 210(e)(8),

Oct. 21, 1976, 90 Stat. 2865; renumbered § 5023, P.L. 96–22, § 301(b)(1), June 13,

1979, 93 Stat. 61; renumbered § 8123, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8124. Grant of easements in Government-owned lands

The Secretary, whenever the Secretary deems it advantageous to

the Government and upon such terms and conditions as the Secretary deems advisable, may grant on behalf of the United States

to any State, or any agency or political subdivision thereof, or to

any public-service company, easements in and rights-of-way over

lands belonging to the United States which are under the Secretary’s supervision and control. Such grant may include the use of

such easements or rights-of-way by public utilities to the extent authorized and under the conditions imposed by the laws of such

State relating to use of public highways. Such partial, concurrent,

or exclusive jurisdiction over the areas covered by such easements

or rights-of-way, as the Secretary deems necessary or desirable, is

hereby ceded to the State in which the land is located. The Secretary may accept or secure on behalf of the United States from the

State in which is situated any land conveyed in exchange for any

such easement or right-of-way, such jurisdiction as the Secretary

may deem necessary or desirable over the land so acquired. Any

such easement or right-of-way shall be terminated upon abandonment or nonuse of the same and all right, title, and interest in the

land covered thereby shall thereupon revert to the United States

or its assignee.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1254, § 5014; amended P.L. 94–581, § 210(e)(9),

Oct. 21, 1976, 90 Stat. 2865; renumbered § 5024, P.L. 96–22, § 301(b)(1), June 13,

1979, 93 Stat. 61; renumbered § 8124, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
811 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8125

§ 8125. Procurement of health-care items

(a) Except as provided in subsections (b) and (c) of this section,

the Secretary may not procure health-care items under local contracts.

(b)(1) A health-care item for use by the Department may be procured under a local contract if— (A) the procurement is within the limits prescribed in paragraph (3) of this subsection; and

(B)(i) the item is not otherwise available to the Department

medical center concerned,

(ii) procurement of the item by a local contract is necessary

for the effective furnishing of health-care services or the conduct of a research or education program at a Department medical center, as determined by the director of the center in accordance with regulations which the Under Secretary for

Health shall prescribe, or

(iii) procurement under a local contract is demonstrably

more cost-effective for the item.

(2) In the case of the need for an emergency procurement of a

health-care item, such item may be procured under a local contract,

but no greater quantity of such item may be procured by a local

contract than is reasonably necessary to meet the emergency need

and the reasonably foreseeable need for the item at the medical

center concerned until resupply can be achieved through procurement actions other than emergency procurement.

(3)(A) Except as provided in subparagraphs (C) and (D) of this

paragraph, not more than 20 percent of the total of all health-care

items procured by the Department in any fiscal year (measured as

a percent of the total cost of all such health-care items procured by

the Department in that fiscal year) may be procured under local

contracts.

(B) Local contracts for the procurement of health-care items

shall, to the maximum extent feasible, be awarded to regular dealers or manufacturers engaged in the wholesale supply of such

items.

(C) The Secretary may increase for a fiscal year the percentage

specified in subparagraph (A) of this section to a percentage not

greater than 30 percent if the Secretary, based on the experience

of the Department during the two fiscal years preceding such fiscal

year, determines that the increase and the amount of the increase

are necessary in the interest of the effective furnishing of healthcare services by the Department. The authority to increase such

percentage may not be delegated.

(D) Items procured through an emergency procurement shall not

be counted for the purpose of this paragraph.

(c) A provision of law that is inconsistent with subsection (a) or

(b) of this section shall not apply, to the extent of the inconsistency,

to the procurement of a health-care item for use by the Department.

(d)(1) Not later than December 1 of each year, the director of

each Department medical center shall transmit to the Secretary a

report containing a list indicating the quantity of each health-care

item procured at that medical center under a local contract during
§ 8125 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 812

the preceding fiscal year and the total amount paid for such item

during such fiscal year.

(2) No later than February 1 of each year, the Secretary shall

submit to the Committees on Veterans’ Affairs of the Senate and

the House of Representatives a report on the experience in carrying

out this section during the preceding fiscal year.

(e) For the purposes of this section:

(1) The term ‘‘health-care item’’ includes any item listed in,

or (as determined by the Secretary) of the same nature as an

item listed in, Federal Supply Classification (FSC) Group 65 or

66. Effective December 1, 1992, such term also includes any

item listed in, or (as determined by the Secretary) of the same

nature as an item listed in, Federal Supply Classification

(FSC) Group 73. Such term does not include perishable items.

(2) The term ‘‘local contract’’ means a contract entered into

by a Department medical center for procurement of an item for

use by that medical center.

(3) The term ‘‘emergency procurement’’ means a procurement

necessary to meet an emergency need, affecting the health or

safety of a person being furnished health-care services by the

Department, for an item.

(Added P.L. 100–322, § 403(a)(1), May 20, 1988, 102 Stat. 543, § 5025; amended P.L.

100–687, div. B, § 1507(b), (c), Nov. 18, 1988, 102 Stat. 4136, 4137; renumbered

§ 8125, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(a)(3),

(4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 102–405, § 302(c)(1), Oct. 9,

1992, 106 Stat. 1984; P.L. 107–14, § 8(a)(15), June 5, 2001, 115 Stat. 35.)

§ 8126. Limitation on prices of drugs procured by Department and certain other Federal agencies

(a) Each manufacturer of covered drugs shall enter into a master

agreement with the Secretary under which—

(1) beginning January 1, 1993, the manufacturer shall make

available for procurement on the Federal Supply Schedule of

the General Services Administration each covered drug of the

manufacturer;

(2) with respect to each covered drug of the manufacturer

procured by a Federal agency described in subsection (b) on or

after January 1, 1993, that is purchased under depot contracting systems or listed on the Federal Supply Schedule, the

manufacturer has entered into and has in effect a pharmaceutical pricing agreement with the Secretary (or the Federal

agency involved, if the Secretary delegates to the Federal agency the authority to enter into such a pharmaceutical pricing

agreement) under which the price charged during the one-year

period beginning on the date on which the agreement takes effect may not exceed 76 percent of the non-Federal average

manufacturer price (less the amount of any additional discount

required under subsection (c)) during the one-year period ending one month before such date (or, in the case of a covered

drug for which sufficient data for determining the non-Federal

average manufacturer price during such period are not available, during such period as the Secretary considers appropriate), except that such price may nominally exceed such
813 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8126

amount if found by the Secretary to be in the best interests of

the Department or such Federal agencies;

(3) with respect to each covered drug of the manufacturer

procured by a State home receiving funds under section 1741

of this title, the price charged may not exceed the price

charged under the Federal Supply Schedule at the time the

drug is procured; and

(4) unless the manufacturer meets the requirements of paragraphs (1), (2), and (3), the manufacturer may not receive payment for the purchase of drugs or biologicals from—

(A) a State plan under title XIX of the Social Security

Act, except as authorized under section 1927(a)(3) of such

Act,

(B) any Federal agency described in subsection (b), or

(C) any entity that receives funds under the Public

Health Service Act.

(b) The Federal agencies described in this subsection are as follows:

(1) The Department.

(2) The Department of Defense.

(3) The Public Health Service, including the Indian Health

Service.

(4) The Coast Guard.

(c) With respect to any covered drug the price of which is determined in accordance with a pharmaceutical pricing agreement entered into pursuant to subsection (a)(2), beginning on or after January 1, 1993, the manufacturer shall provide a discount in an

amount equal to the amount by which the change in non-Federal

price exceeds the amount equal to—

(1) the non-Federal average manufacturer price of the drug

during the 3-month period that ends one year before the last

day of the month preceding the month during which the contract for the covered drug goes into effect (or, in the case of a

covered drug for which sufficient data for determining the nonFederal average manufacturer price during such period is not

available, during such period as the Secretary considers appropriate); multiplied by

(2) the percentage increase in the Consumer Price Index for

all urban consumers (U.S. city average) between the last

month of the period described in paragraph (1) and the last

month preceding the month during which the contract goes

into effect for which Consumer Price Index data is available.

(d) In the case of a covered drug of a manufacturer that has entered into a multi-year contract with the Secretary under subsection (a)(2) for the procurement of the drug—

(1) during any one-year period that follows the first year for

which the contract is in effect, the contract price charged for

the drug may not exceed the contract price charged during the

preceding one-year period, increased by the percentage increase in the Consumer Price Index for all urban consumers

(U.S. city average) during the 12-month period ending with the

last month of such preceding one-year period for which Consumer Price Index data is available; and
§ 8126 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 814

(2) in applying subsection (c) to determine the amount of the

discount provided with respect to the drug during a year that

follows the first year for which the contract is in effect, any reference in such subsection to ‘‘the month during which the contract goes into effect’’ shall be considered a reference to the

first month of such following year.

(e)(1) The manufacturer of any covered drug the price of which

is determined in accordance with a pharmaceutical pricing agreement entered into pursuant to subsection (a)(2) shall— (A) not later than 30 days after the first day of the last quarter that begins before the agreement takes effect (or, in the

case of an agreement that takes effect on January 1, 1993, not

later than December 4, 1992), report to the Secretary the nonFederal average manufacturer price for the drug during the

one-year period that ends on the last day of the previous quarter; and

(B) not later than 30 days after the last day of each quarter

for which the agreement is in effect, report to the Secretary the

non-Federal average manufacturer price for the drug during

such quarter.

(2) The provisions of subparagraphs (B) and (C) of section

1927(b)(3) of the Social Security Act shall apply to drugs described

in paragraph (1) and the Secretary in the same manner as such

provisions apply to covered outpatient drugs and the Secretary of

Health and Human Services under such subparagraphs, except

that references in such subparagraphs to prices or information reported or required under ‘‘subparagraph (A)’’ shall be deemed to

refer to information reported under paragraph (1).

(3) In order to determine the accuracy of a drug price that is reported to the Secretary under paragraph (1), the Secretary may

audit the relevant records of the manufacturer or of any wholesaler

that distributes the drug, and may delegate the authority to audit

such records to the appropriate Federal agency described in subsection (b).

(4) Any information contained in a report submitted to the Secretary under paragraph (1) or obtained by the Secretary through

any audit conducted under paragraph (3) shall remain confidential,

except as the Secretary determines necessary to carry out this section and to permit the Comptroller General and the Director of the

Congressional Budget Office to review the information provided.

(f) The Secretary shall supply to the Secretary of Health and

Human Services— (1) upon the execution or termination of any master agreement, the name of the manufacturer, and

(2) on a quarterly basis, a list of manufacturers who have entered into master agreements under this section.

(g)(1) Any reference in this section to a provision of the Social Security Act shall be deemed to be a reference to the provision as in

effect on November 4, 1992.

(2) A manufacturer is deemed to meet the requirements of subsection (a) if the manufacturer establishes to the satisfaction of the

Secretary that the manufacturer would comply (and has offered to

comply) with the provisions of this section (as in effect immediately

after the enactment of this section), and would have entered into
815 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8126

an agreement under this section (as such section was in effect at

such time), but for a legislative change in this section after November 4, 1992.

(h) In this section:

(1) The term ‘‘change in non-Federal price’’ means, with respect to a covered drug that is subject to an agreement under

this section, an amount equal to—

(A) the non-Federal average manufacturer price of the

drug during the 3-month period that ends with the month

preceding the month during which a contract goes into effect (or, in the case of a covered drug for which sufficient

data for determining the non-Federal average manufacturer price during such period is not available, during such

period as the Secretary considers appropriate); minus

(B) the non-Federal average manufacturer price of the

drug during the 3-month that ends one year before the end

of the period described in subparagraph (A) (or, in the case

of a covered drug for which sufficient data for determining

the non-Federal average manufacturer price during such

period is not available, during such period preceding the

period described in subparagraph (A) as the Secretary considers appropriate).

(2) The term ‘‘covered drug’’ means—

(A) a drug described in section 1927(k)(7)(A)(ii) of the Social Security Act, or that would be described in such section but for the application of the first sentence of section

1927(k)(3) of such Act;

(B) a drug described in section 1927(k)(7)(A)(iv) of the

Social Security Act, or that would be described in such section but for the application of the first sentence of section

1927(k)(3) of such Act; or

(C) any biological product identified under section 600.3

of title 21, Code of Federal Regulations.

(3) The term ‘‘depot’’ means a centralized commodity management system through which covered drugs procured by an

agency of the Federal Government are—

(A) received, stored, and delivered through—

(i) a federally owned and operated warehouse system, or

(ii) a commercial entity operating under contract

with such agency; or

(B) delivered directly from the commercial source to the

entity using such covered drugs.

(4) The term ‘‘manufacturer’’ means any entity which is engaged in—

(A) the production, preparation, propagation,

compounding, conversion, or processing of prescription

drug products, either directly or indirectly by extraction

from substances of natural origin, or independently by

means of chemical synthesis, or by a combination of extraction and chemical synthesis, or

(B) in the packaging, repackaging, labeling, relabeling,

or distribution of prescription drug products.
§ 8126 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 816

Such term does not include a wholesale distributor of drugs or

a retail pharmacy licensed under State law.

(5) The term ‘‘non-Federal average manufacturer price’’

means, with respect to a covered drug and a period of time (as

determined by the Secretary), the weighted average price of a

single form and dosage unit of the drug that is paid by wholesalers in the United States to the manufacturer, taking into account any cash discounts or similar price reductions during

that period, but not taking into account—

(A) any prices paid by the Federal Government; or

(B) any prices found by the Secretary to be merely nominal in amount.

(6) The term ‘‘weighted average price’’ means, with respect

to a covered drug and a period of time (as determined by the

Secretary) an amount equal to—

(A) the sum of the products of the average price per

package unit of each quantity of the drug sold during the

period and the number of package units of the drug sold

during the period; divided by

(B) the total number of package units of the drug sold

during the period.

(i)(1) If the Secretary modifies a multi-year contract described in

subsection (d) to include a covered drug of the manufacturer that

was not available for inclusion under the contract at the time the

contract went into effect, the price of the drug shall be determined

as follows:

(A) For the portion of the first contract year during which

the drug is so included, the price of the drug shall be determined in accordance with subsection (a)(2), except that the reference in such subsection to ‘‘the one-year period beginning on

the date the agreement takes effect’’ shall be considered a reference to such portion of the first contract year.

(B) For any subsequent contract year, the price of the drug

shall be determined in accordance with subsection (d), except

that each reference in such subsection to ‘‘the first year for

which the contract is in effect’’ shall be considered a reference

to the portion of the first contract year during which the drug

is included under the contract.

(2) In this subsection, the term ‘‘contract year’’ means any oneyear period for which a multi-year contract described in subsection

(d) is in effect.

(Added P.L. 102–585, § 603(a)(1), Nov. 4, 1992, 106 Stat. 4971; amended P.L. 103–

18, § 1(a), Apr. 12, 1993, 107 Stat. 53; P.L. 103–446, § 1201(e)(27), (f)(6), Nov. 2,

1994, 108 Stat. 4686, 4687; P.L. 104–106, § 737(a), Feb. 10, 1996, 110 Stat. 383; P.L.

105–115, § 125(a)(2)(E), Nov. 21, 1997, 111 Stat. 2325.)

SUBCHAPTER III—STATE HOME FACILITIES FOR FURNISHING DOMICILIARY, NURSING HOME, AND HOSPITAL

CARE

§ 8131. Definitions

For the purpose of this subchapter—
817 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8134

(1) The veteran population of each State shall be determined

on the basis of the latest figures certified by the Department

of Commerce.

(2) The term ‘‘State’’ does not include any possession of the

United States.

(3) The term ‘‘construction’’ means the construction of new

domiciliary or nursing home buildings, the expansion, remodeling, or alteration of existing buildings for the provision of

domiciliary, nursing home, adult day health, or hospital care in

State homes, and the provision of initial equipment for any

such buildings.

(4) The term ‘‘cost of construction’’ means the amount found

by the Secretary to be necessary for a construction project, including architect fees, but excluding land acquisition costs.

(Added P.L. 88–450, § 4(a), Aug. 19, 1964, 78 Stat. 501, § 5031; amended P.L. 94–

581, § 206(b), Oct. 21, 1976, 90 Stat. 2859; P.L. 95–62, § 3(1), (2), July 5, 1977, 91

Stat. 262; P.L. 99–576, § 224(d), Oct. 28, 1986, 100 Stat. 3263; renumbered § 8131,

P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(b)(1), (2)(E),

Aug. 6, 1991, 105 Stat. 404, 405; P.L. 104–262, § 342(b)(1), Oct. 9, 1996, 110 Stat.

3206.)

§ 8132. Declaration of purpose

The purpose of this subchapter is to assist the several States to

construct State home facilities (or to acquire facilities to be used as

State home facilities) for furnishing domiciliary or nursing home

care to veterans, and to expand, remodel, or alter existing buildings

for furnishing domiciliary, nursing home, adult day health, or hospital care to veterans in State homes.

(Added P.L. 88–450, § 4(a), Aug. 19, 1964, 78 Stat. 501, § 5032; amended P.L. 94–

581, § 206(b), Oct. 21, 1976, 90 Stat. 2859; P.L. 95–62, § 3(3), July 5, 1977, 91 Stat.

262; P.L. 98–528, § 105(1), Oct. 19, 1984, 98 Stat. 2689; renumbered § 8132, P.L.

102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 104–262, § 342(b)(2),

Oct. 9, 1996, 110 Stat. 3206.)

§ 8133. Authorization of appropriations

(a) There are hereby authorized to be appropriated such sums as

are necessary to carry out this subchapter. Sums appropriated pursuant to this section shall be used for making grants to States

which have submitted, and have had approved by the Secretary,

applications for carrying out the purposes and meeting the requirements of this subchapter.

(b) Sums appropriated pursuant to subsection (a) of this section

shall remain available until expended.

(Added P.L. 88–450, § 4(a), Aug. 19, 1964, 78 Stat. 501, § 5033; amended P.L. 89–

311, § 7(a), Oct. 31, 1965, 79 Stat. 1157; P.L. 90–432, § 2, July 26, 1968, 82 Stat.

448; P.L. 93–82, § 403(c), Aug. 2, 1973, 87 Stat. 196; P.L. 95–62, § 3(4), July 5, 1977,

91 Stat. 262; P.L. 96–151, § 101(a), Dec. 20, 1979, 93 Stat. 1092; P.L. 97–251, § 8,

Sept. 8, 1982, 96 Stat. 716; P.L. 99–576, § 224(a), Oct. 28, 1986, 100 Stat. 3262; P.L.

101–110, § 1(c), Oct. 6, 1989, 103 Stat. 682; P.L. 101–237, § 201(b), Dec. 18, 1989,

103 Stat. 2066; renumbered § 8133, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat.

238; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 102–585,

§ 402, Nov. 4, 1992, 106 Stat. 4954.)

§ 8134. General regulations

(a)(1) The Secretary shall prescribe regulations for the purposes

of this subchapter.
§ 8134 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 818

(2) In those regulations, the Secretary shall prescribe for each

State the number of nursing home and domiciliary beds for which

assistance under this subchapter may be furnished. Such regulations shall be based on projected demand for such care 10 years

after the date of the enactment of the Veterans Millennium Health

Care and Benefits Act by veterans who at such time are 65 years

of age or older and who reside in that State. In determining such

projected demand, the Secretary shall take into account travel distances for veterans and their families.

(3)(A) In those regulations, the Secretary shall establish criteria

under which the Secretary shall determine, with respect to an application for assistance under this subchapter for a project described in subparagraph (B) which is from a State that has a need

for additional beds as determined under subsections (a)(2) and

(d)(1), whether the need for such beds is most aptly characterized

as great, significant, or limited. Such criteria shall take into account the availability of beds already operated by the Secretary

and other providers which appropriately serve the needs which the

State proposes to meet with its application.

(B) This paragraph applies to a project for the construction or acquisition of a new State home facility, a project to increase the

number of beds available at a State home facility, and a project to

replace beds at a State home facility.

(4) The Secretary shall review and, as necessary, revise regulations prescribed under paragraphs (2) and (3) not less often than

every four years.

(b) The Secretary shall prescribe the following by regulation:

(1) General standards of construction, repair, and equipment

for facilities constructed or acquired with assistance received

under this subchapter.

(2) General standards for the furnishing of care in facilities

which are constructed or acquired with assistance received

under this subchapter, which standards shall be no less stringent than those standards prescribed by the Secretary pursuant to section 1720(b) of this title.

(c) The Secretary may inspect any State facility constructed or

acquired with assistance received under this subchapter at such

times as the Secretary deems necessary to insure that such facility

meets the standards prescribed in subsection (b)(2).

(d)(1) In prescribing regulations to carry out this subchapter, the

Secretary shall provide that in the case of a State that seeks assistance under this subchapter for a project described in subsection

(a)(3)(B), the determination of the unmet need for beds for State

homes in that State shall be reduced by the number of beds in all

previous applications submitted by that State under this subchapter, including beds which have not been recognized by the Secretary under section 1741 of this title.

(2)(A) Financial assistance under this subchapter for a renovation project may only be provided for a project for which the total

cost of construction is in excess of $400,000 (as adjusted from timeto-time in such regulations to reflect changes in costs of construction).

(B) For purposes of this paragraph, a renovation project is a

project to remodel or alter existing buildings for which financial as-
819 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8135

sistance under this subchapter may be provided and does not include maintenance and repair work which is the responsibility of

the State.

(Added P.L. 88–450, § 4(a), Aug. 19, 1964, 78 Stat. 502, § 5034; amended P.L. 89–

311, § 7(b), Oct. 31, 1965, 79 Stat. 1157; P.L. 93–82, § 403(d), Aug. 2, 1973, 87 Stat.

196; P.L. 94–581, § 107(b), § 206(b), Oct. 21, 1976, 90 Stat. 2847, 2859; P.L. 95–62,

§ 3(5), (6), July 5, 1977, 91 Stat. 262; P.L. 96–330, § 404, Aug. 26, 1980, 94 Stat.

1052; P.L. 98–528, § 105(2), Oct. 19, 1984, 98 Stat. 2689; renumbered § 8134, P.L.

102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–54, § 14(f)(6), June 13,

1991, 105 Stat. 288; P.L. 102–83, §§ 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat.

404–406; P.L. 106–117, § 207(a), Nov. 30, 1999, 113 Stat. 1564.)

§ 8135. Applications with respect to projects; payments

(a) Any State desiring to receive assistance for a project for construction of State home facilities (or acquisition of a facility to be

used as a State home facility) must submit to the Secretary an application. Such application shall set forth the following:

(1) The amount of the grant requested with respect to such

project which may not exceed 65 percent of the estimated cost

of construction (or of the estimated cost of facility acquisition

and construction) of such project.

(2) A description of the site for such project.

(3) Plans and specifications for such project in accordance

with regulations prescribed by the Secretary pursuant to section 8134(a)(2) of this title.

(4) Reasonable assurance that upon completion of such

project the facilities will be used principally to furnish to veterans the level of care for which such application is made and

that not more than 25 percent of the bed occupancy at any one

time will consist of patients who are not receiving such level

of care as veterans.

(5) Reasonable assurance that title to such site is or will be

vested solely in the applicant, a State home, or another agency

or instrumentality of the State.

(6) Reasonable assurance that adequate financial support

will be available for the construction of the project (or for facility acquisition and construction of the project) by July 1 of the

fiscal year for which the application is approved and for its

maintenance and operation when complete.

(7) Reasonable assurance that the State will make such reports in such form and containing such information as the Secretary may from time to time reasonably require, and give the

Secretary, upon demand, access to the records upon which such

information is based.

(8) Reasonable assurance that the rates of pay for laborers

and mechanics engaged in construction of the project will be

not less than the prevailing local wage rates for similar work

as determined in accordance with the Act of March 3, 1931 (40

U.S.C. 276a–276a–5) (known as the Davis-Bacon Act).

(9) In the case of a project for acquisition of a facility, reasonable assurance that the estimated total cost of acquisition

of the facility and of any expansion, remodeling, and alteration

of the acquired facility will not be greater than the estimated

cost of construction of an equivalent new facility.
§ 8135 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 820

(b)(1) Any State seeking to receive assistance under this subchapter for a project that would involve construction or acquisition

of either nursing home or domiciliary facilities shall include with

its application under subsection (a) the following:

(A) Documentation (i) that the site for the project is in reasonable proximity to a sufficient concentration and population

of veterans who are 65 years of age and older, and (ii) that

there is a reasonable basis to conclude that the facilities when

complete will be fully occupied.

(B) A financial plan for the first three years of operation of

such facilities.

(C) A five-year capital plan for the State home program for

that State.

(2) Failure to provide adequate documentation under paragraph

(1)(A) or to provide an adequate financial plan under paragraph

(1)(B) shall be a basis for disapproving the application.

(c)(1) Upon receipt of an application under subsection (a) for financial assistance under this subchapter, the Secretary— (A) shall determine whether the application meets the requirements of this section and of the regulations prescribed

under section 8134 of this title;

(B) shall notify the State submitting the application whether

the application conforms with those requirements and, if it

does not, of the actions necessary to bring the application into

conformance with those requirements; and

(C) shall determine the priority of the project described in

the application in accordance with the provisions of this subsection.

(2) Subject to paragraphs (3) and (5)(C) of this subsection, the

Secretary shall accord priority to applications in the following

order:

(A) An application from a State that has made sufficient

funds available for the project for which the grant is requested

so that such project may proceed upon approval of the grant

without further action required by the State to make such

funds available for such purpose.

(B) An application from a State for a project at an existing

facility to remedy a condition or conditions that have been

cited by an accrediting institution, by the Secretary, or by a

local licensing or approving body of the State as being threatening to the lives or safety of the patients in the facility.

(C) An application from a State that has not previously applied for award of a grant under this subchapter for construction or acquisition of a State nursing home.

(D) An application for construction or acquisition of a nursing home or domiciliary from a State that the Secretary determines, in accordance with regulations under this subchapter,

has a great need for the beds to be established at such home

or facility.

(E) An application from a State for renovations to a State

home facility other than renovations described in subparagraph (B).

(F) An application for construction or acquisition of a nursing

home or domiciliary from a State that the Secretary deter-
821 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8135

mines, in accordance with regulations under this subchapter,

has a significant need for the beds to be established at such

home or facility.

(G) An application that meets other criteria as the Secretary

determines appropriate and has established in regulations.

(H) An application for construction or acquisition of a nursing home or domiciliary from a State that the Secretary determines, in accordance with regulations under this subchapter,

has a limited need for the beds to be established at such home

or facility.

(3) In according priorities to projects under paragraph (2) of this

subsection, the Secretary—

(A) may not accord any priority to a project for the construction or acquisition of a hospital; and

(B) may not accord any priority to a project which would expand a State’s capacity to furnish hospital care in a State

home.

(4) The Secretary shall establish a list of approved projects (including projects that have been conditionally approved under paragraph (6) of this subsection), in the order of their priority, as of August 15 of each year. The Secretary shall award grants in the order

of their priority on the list during the fiscal year beginning on October 1 of the calendar year in which the list was made.

(5)(A) The Secretary shall defer approval of an application that

otherwise meets the requirements of this section if the State submitting the application does not, by the July 1 deadline (as defined

in subparagraph (D) of this paragraph), demonstrate to the satisfaction of the Secretary that the State has provided adequate financial support for construction of the project.

(B) In a case in which approval of an application is deferred

under subparagraph (A) of this paragraph, the Secretary shall select for award of a grant or grants under this subsection an application or applications which would not have been approved during

the fiscal year but for the deferral and to which the Secretary accords the highest priority under paragraph (2) of this subsection.

(C) An application deferred in accordance with the requirements

of this paragraph shall be accorded priority in any subsequent fiscal year ahead of applications that had not been approved before

the first day of the fiscal year in which the deferred application

was first approved.

(D) For the purposes of this paragraph, the term ‘‘July 1 deadline’’ means July 1 of the fiscal year in which the State is notified

by the Secretary of the availability of funding for a grant for such

project.

(6)(A) The Secretary may conditionally approve a project under

this section, conditionally award a grant for the project, and obligate funds for the grant if the Secretary determines that the application for the grant is sufficiently complete to warrant awarding

the grant and that, based on assurances provided by the State submitting the application, the State will complete the application and

meet all the requirements referred to in paragraph (1)(A) of this

subsection by the date, not later than 180 days after the date of

the conditional approval, specified by the Secretary.
§ 8135 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 822

(B) If a State does not complete the application and meet all the

requirements referred to in such paragraph by the date specified

by the Secretary under subparagraph (A) of this paragraph, the

Secretary shall rescind the conditional approval and award under

such subparagraph and deobligate the funds previously obligated in

connection with the application. In the event the Secretary rescinds

conditional approval of a project under this subparagraph, the Secretary may not further obligate funds for the project during the fiscal year in which the Secretary rescinds such approval.

(7)(A) Subject to subparagraph (B) of this paragraph, the Secretary may increase the amount of any grant awarded to any State

for a project under this section by an amount by which the Secretary determines that the estimated cost of the construction or acquisition has increased from the estimated cost on which the Secretary based the determination to award the grant, without regard

to the position of such project on the list established under paragraph (4) of this subsection, if the Secretary determines that the

grant was awarded before the State entered into a contract for the

construction or acquisition provided for in such project.

(B) A grant may not be increased under subparagraph (A) of this

paragraph by more than 10 percent of the amount of the grant initially awarded for such project, and the amount of such grant, as

increased, may not exceed 65 percent of the cost of the project.

(d) No application submitted to the Secretary under this section

shall be disapproved until the Secretary has afforded the applicant

notice and an opportunity for a hearing.

(e) The amount of a grant under this subchapter shall be paid

to the applicant or, if designated by the applicant, the State home

for which such project is being carried out or any other agency or

instrumentality of the applicant. Such amount shall be paid, in advance or by way of reimbursement, and in such installments consistent with the progress of the project as the Secretary may determine and certify for payment to the Secretary of the Treasury.

Funds paid under this section for an approved project shall be used

solely for carrying out such project as so approved.

(f) Any amendment of any application, whether or not approved,

shall be subject to approval in the same manner as an original application.

(Added P.L. 88–450, § 4(a), Aug. 19, 1964, 78 Stat. 502, § 5035; amended P.L. 89–

311, § 7(a), Oct. 31, 1965, 79 Stat. 1157; P.L. 93–82, § 403(e), Aug. 2, 1973, 87 Stat.

196; P.L. 94–581, §§ 206(b), 210(e)(10), Oct. 21, 1976, 90 Stat. 2859, 2865; P.L. 95–

62, § 3(7)–(12), July 5, 1977, 91 Stat. 262, 263; P.L. 97–295, § 4(92), Oct. 12, 1982,

96 Stat. 1313; P.L. 98–528, § 105(3), Oct. 19, 1984, 98 Stat. 2689; P.L. 99–166, § 205,

Dec. 3, 1985, 99 Stat. 953; P.L. 99–576, § 224(b), (c), Oct. 28, 1986, 100 Stat. 3262,

3263; P.L. 100–322, § 206, May 20, 1988, 102 Stat. 513; renumbered § 8135 and

amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–

54, § 14(f)(7), June 13, 1991, 105 Stat. 288; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6,

1991, 105 Stat. 404, 405; P.L. 102–585, §§ 403(a), 404(a), Nov. 4, 1992, 106 Stat.

4954; P.L. 103–446, § 1201(d)(18), Nov. 2, 1994, 108 Stat. 4684; P.L. 104–262,

§ 342(b)(3), Oct. 9, 1996, 110 Stat. 3206; P.L. 106–117, § 207(b), Nov. 30, 1999, 113

Stat. 1565.)

§ 8136. Recapture provisions

(a) If, within the 20-year period beginning on the date of the approval by the Secretary of the final architectural and engineering

inspection of any project with respect to which a grant has been
823 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8151

made under this subchapter (except that the Secretary, pursuant

to regulations which the Secretary shall prescribe, may at the time

of such grant provide for a shorter period than 20, but not less

than seven years, based on the magnitude of the project and the

grant amount involved, in the case of the acquisition, expansion,

remodeling, or alteration of existing facilities), the facilities covered

by the project cease to be operated by a State, a State home, or an

agency or instrumentality of a State principally for furnishing

domiciliary, nursing home, or hospital care to veterans, the United

States shall be entitled to recover from the State which was the recipient of the grant under this subchapter, or from the then owner

of such facilities, 65 percent of the then value of such project (but

in no event an amount greater than the amount of assistance provided under this subchapter), as determined by agreement of the

parties or by action brought in the district court of the United

States for the district in which such facilities are situated.

(b) The establishment and operation by the Secretary of an outpatient clinic in facilities described in subsection (a) shall not constitute grounds entitling the United States to any recovery under

that subsection.

(Added P.L. 88–450, § 4(a), Aug. 19, 1964, 78 Stat. 503, § 5036; amended P.L. 93–

82, § 403(f), Aug. 2, 1973, 87 Stat. 196; P.L. 94–581, § 206(b), Oct. 21, 1976, 90 Stat.

2859; P.L. 95–62, § 3(13), July 5, 1977, 91 Stat. 263; P.L. 97–295, § 4(92), Oct. 12,

1982, 96 Stat. 1313; P.L. 98–528, § 105(4), Oct. 19, 1984, 98 Stat. 2690; renumbered

§ 8136, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(b)(1),

(2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 102–585, § 405, Nov. 4, 1992, 106 Stat.

4954; P.L. 106–419, § 222, Nov. 1, 2000, 114 Stat. 1845.)

§ 8137. State control of operations

Except as otherwise specifically provided, nothing in this subchapter shall be construed as conferring on any Federal officer or

employee the right to exercise any supervision or control over the

administration, personnel, maintenance, or operation of any State

home for which facilities are constructed or acquired with assistance received under this subchapter.

(Added P.L. 88–450, § 4(a), Aug. 19, 1964, 78 Stat. 503, § 5037; amended P.L. 98–

528, § 105(5), Oct. 19, 1984, 98 Stat. 2690; renumbered § 8137, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238.)

SUBCHAPTER IV—SHARING OF MEDICAL FACILITIES,

EQUIPMENT, AND INFORMATION

§ 8151. Statement of congressional purpose

It is the purpose of this subchapter to strengthen the medical

programs at Department facilities and improve the quality of

health care provided veterans under this title by authorizing the

Secretary to enter into agreements with health-care providers in

order to share health-care resources with, and receive health-care

resources from, such providers while ensuring no diminution of

services to veterans.

(Added P.L. 89–785, § 203, Nov. 7, 1966, 80 Stat. 1373, § 5051; amended P.L. 101–

366, § 202(a), Aug. 15, 1990, 104 Stat. 438; renumbered § 8151, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug.

6, 1991, 105 Stat. 404, 405; P.L. 103–210, § 3(a), Dec. 20, 1993, 107 Stat. 2497; P.L.

104–262, § 301(a), Oct. 9, 1996, 110 Stat. 3191.)
§ 8152 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 824

§ 8152. Definitions

For the purposes of this subchapter—

(1) The term ‘‘health-care resource’’ includes hospital care

and medical services (as those terms are defined in section

1701 of this title), services under sections 1782 and 1783 of

this title, any other health-care service, and any health-care

support or administrative resource.

(2) The term ‘‘health-care providers’’ includes health-care

plans and insurers and any organizations, institutions, or other

entities or individuals who furnish health-care resources.

(3) The term ‘‘hospital’’, unless otherwise specified, includes

any Federal, State, local, or other public or private hospital.

(Added P.L. 89–785, § 203, Nov. 7, 1966, 80 Stat. 1373, § 5052; renumbered § 8152,

P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended P.L. 102–54, § 14(f)(8),

June 13, 1991, 105 Stat. 288; P.L. 103–210, § 3(b), Dec. 20, 1993, 107 Stat. 2497;

P.L. 104–262, § 301(b), Oct. 9, 1996, 110 Stat. 3191; P.L. 107–135, § 208(e)(8), Jan.

23, 2002, 115 Stat. 2464.)

§ 8153. Sharing of health-care resources

(a)(1) To secure health-care resources which otherwise might not

be feasibly available, or to effectively utilize certain other healthcare resources, the Secretary may, when the Secretary determines

it to be in the best interest of the prevailing standards of the Department medical care program, make arrangements, by contract

or other form of agreement for the mutual use, or exchange of use,

of health-care resources between Department health-care facilities

and any health-care provider, or other entity or individual.

(2) The Secretary may enter into a contract or other agreement

under paragraph (1) if such resources are not, or would not be,

used to their maximum effective capacity.

(3)(A) If the health-care resource required is a commercial service, the use of medical equipment or space, or research, and is to

be acquired from an institution affiliated with the Department in

accordance with section 7302 of this title, including medical practice groups and other entities associated with affiliated institutions,

blood banks, organ banks, or research centers, the Secretary may

make arrangements for acquisition of the resource without regard

to any law or regulation (including any Executive order, circular,

or other administrative policy) that would otherwise require the

use of competitive procedures for acquiring the resource.

(B)(i) If the health-care resource required is a commercial service

or the use of medical equipment or space, and is not to be acquired

from an entity described in subparagraph (A), any procurement of

the resource may be conducted without regard to any law or regulation that would otherwise require the use of competitive procedures for procuring the resource, but only if the procurement is

conducted in accordance with the simplified procedures prescribed

pursuant to clause (ii).

(ii) The Secretary, in consultation with the Administrator for

Federal Procurement Policy, may prescribe simplified procedures

for the procurement of health-care resources under this subparagraph. The Secretary shall publish such procedures for public comment in accordance with section 22 of the Office of Federal Pro-
825 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8153

curement Policy Act (41 U.S.C. 418b). Such procedures shall permit

all responsible sources, as appropriate, to submit a bid, proposal,

or quotation (as appropriate) for the resources to be procured and

provide for the consideration by the Department of bids, proposals,

or quotations so submitted.

(iii) Pending publication of the procedures under clause (ii), the

Secretary shall (except as provided under subparagraph (A)) procure health-care resources referred to in clause (i) in accordance

with all procurement laws and regulations.

(C) Any procurement of health-care resources other than those

covered by subparagraph (A) or (B) shall be conducted in accordance with all procurement laws and regulations.

(D) For any procurement to be conducted on a sole source basis

other than a procurement covered by subparagraph (A), a written

justification shall be prepared that includes the information and is

approved at the levels prescribed in section 303(f) of the Federal

Property and Administrative Services Act of 1949 (41 U.S.C.

253(f)).

(E) As used in this paragraph, the term ‘‘commercial service’’

means a service that is offered and sold competitively in the commercial marketplace, is performed under standard commercial

terms and conditions, and is procured using firm-fixed price contracts.

(b) Arrangements entered into under this section shall provide

for payment to the Department in accordance with procedures that

provide appropriate flexibility to negotiate payment which is in the

best interest of the Government. Any proceeds to the Government

received therefrom shall be credited to the applicable Department

medical appropriation and to funds that have been allotted to the

facility that furnished the resource involved.

(c) Eligibility for hospital care and medical services furnished

any veteran pursuant to this section shall be subject to the same

terms as though provided in a Department health care facility, and

provisions of this title applicable to persons receiving hospital care

or medical services in a Department health care facility shall apply

to veterans treated under this subsection.

(d) When a Department health care facility provides hospital care

or medical services, pursuant to a contract or agreement authorized

by this section, to an individual who is not eligible for such care

or services under chapter 17 of this title and who is entitled to hospital or medical insurance benefits under title XVIII of the Social

Security Act (42 U.S.C. 1395 et seq.), such benefits shall be paid,

notwithstanding any condition, limitation, or other provision in

that title which would otherwise preclude such payment to such facility for such care or services or, if the contract or agreement so

provides, to the community health care facility which is a party to

the contract or agreement.

(e) The Secretary may make an arrangement that authorizes the

furnishing of services by the Secretary under this section to individuals who are not veterans only if the Secretary determines—

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

(2) that such an arrangement—
§ 8153 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 826

(A) is necessary to maintain an acceptable level and

quality of service to veterans at that facility; or

(B) will result in the improvement of services to eligible

veterans at that facility.

(f) Any amount received by the Secretary from a non-Federal entity as payment for services provided by the Secretary during a

prior fiscal year under an agreement entered into under this section may be obligated by the Secretary during the fiscal year in

which the Secretary receives the payment.

(g) The Secretary shall submit to the Congress not more than 60

days after the end of each fiscal year a report on the activities carried out under this section. Each report shall include— (1) an appraisal of the effectiveness of the activities authorized in this section and the degree of cooperation from other

sources, financial and otherwise; and

(2) recommendations for the improvement or more effective

administration of such activities.

(Added P.L. 89–785, § 203, Nov. 7, 1966, 80 Stat. 1374, § 5053; amended P.L. 91– 496, § 4, Oct. 22, 1970, 84 Stat. 1092; P.L. 93–82, § 303, Aug. 2, 1973, 87 Stat. 195;

P.L. 94–581, § 115(a)(1), §§ 206(c), 210(e)(11), Oct. 21, 1976, 90 Stat. 2852, 2859,

2865; P.L. 96–151, § 304, Dec. 20, 1979, 93 Stat. 1096; P.L. 97–295, § 4(95)(A), Oct.

12, 1982, 96 Stat. 1313; P.L. 98–160, § 702(20), Nov. 21, 1983, 97 Stat. 1010; P.L.

99–576, § 231(c)(1), Oct. 28, 1986, 100 Stat. 3264; P.L. 101–366, § 202(b), Aug. 15,

1990, 104 Stat. 438; renumbered § 8153, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–54, § 14(f)(9), June 13, 1991, 105 Stat. 288; P.L. 102–83, § 4(a)(3),

(4), (b)(1), (2)(D), (E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 103–210, § 3(c), Dec. 20,

1993, 107 Stat. 2498; P.L. 104–262, § 301(c), (d)(1), Oct. 9, 1996, 110 Stat. 3191,

3193; P.L. 105–114, § 402(d), (e), Nov. 21, 1997, 111 Stat. 2294.)

§ 8154. Exchange of medical information

(a) The Secretary is authorized to enter into agreements with

medical schools, hospitals, research centers, and individual members of the medical profession under which medical information

and techniques will be freely exchanged and the medical information services of all parties to the agreement will be available for

use by any party to the agreement under conditions specified in the

agreement. In carrying out the purposes of this section, the Secretary shall utilize recent developments in electronic equipment to

provide a close educational, scientific, and professional link between Department hospitals and major medical centers. Such

agreements shall be utilized by the Secretary to the maximum extent practicable to create, at each Department hospital which is a

part of any such agreement, an environment of academic medicine

which will help such hospital attract and retain highly trained and

qualified members of the medical profession.

(b) In order to bring about utilization of all medical information

in the surrounding medical community, particularly in remote

areas, and to foster and encourage the widest possible cooperation

and consultation among all members of the medical profession in

such community, the educational facilities and programs established at Department hospitals and the electronic link to medical

centers shall be made available for use by the surrounding medical

community (including State home facilities furnishing domiciliary,

nursing home, or hospital care to veterans). The Secretary may

charge a fee for such services (on annual or like basis) at rates

which the Secretary determines, after appropriate study, to be fair
827 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8155

and equitable. The financial status of any user of such services

shall be taken into consideration by the Secretary in establishing

the amount of the fee to be paid. Any proceeds to the Government

received therefrom shall be credited to the applicable Department

medical appropriation.

(c) The Secretary is authorized to enter into agreements with

public and nonprofit private institutions, organizations, corporations, and other entities in order to participate in cooperative

health-care personnel education programs within the geographical

area of any Department health-care facility located in an area remote from major academic health centers.

(Added P.L. 89–785, § 203, Nov. 7, 1966, 80 Stat. 1374, § 5054; amended P.L. 94–

424, § 1(1), Sept. 28, 1976, 90 Stat. 1332; P.L. 94–581, §§ 206(d), 210(e)(12), Oct. 21,

1976, 90 Stat. 2859, 2865; P.L. 96–151, § 102(a), Dec. 20, 1979, 93 Stat. 1092; P.L.

97–251, § 9, Sept. 8, 1982, 96 Stat. 716; renumbered § 8154, P.L. 102–40, § 402(b)(1),

May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991,

105 Stat. 404, 405.)

§ 8155. Pilot programs; grants to medical schools

(a) The Secretary may establish an Advisory Subcommittee on

Programs for Exchange of Medical Information, of the Special Medical Advisory Group, established under section 7312 of this title, to

advise the Secretary on matters regarding the administration of

this section and to coordinate these functions with other research

and education programs in the Department of Medicine and Surgery. The Assistant Under Secretary for Health charged with administration of the Department of Medicine and Surgery medical

research program shall be an ex officio member of this Subcommittee.

(b) The Secretary, upon the recommendation of the Subcommittee, is authorized to make grants to medical schools, hospitals, and research centers to assist such medical schools, hospitals, and research centers in planning and carrying out agreements authorized by section 8154 of this title. Such grants may be

used for the employment of personnel, the construction of facilities,

the purchasing of equipment when necessary to implement such

programs, and for such other purposes as will facilitate the administration of this section.

(c)(1) There is hereby authorized to be appropriated an amount

not to exceed $3,500,000 for fiscal year 1976; $1,700,000 for the period beginning July 1, 1976, and ending September 30, 1976;

$4,000,000 for fiscal year 1977; $4,000,000 for fiscal year 1978; and

$4,000,000 for fiscal year 1979 and for each of the three succeeding

fiscal years, for the purpose of developing and carrying out medical

information programs under this section on a pilot program basis

and for the grants authority in subsection (b) of this section. Pilot

programs authorized by this subsection shall be carried out at Department hospitals in geographically dispersed areas of the United

States.

(2) Funds authorized under this section shall not be available to

pay the cost of hospital, medical, or other care of patients except

to the extent that such cost is determined by the Secretary to be

incident to research, training, or demonstration activities carried

out under this section.
§ 8155 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 828

(d) The Secretary, after consultation with the Subcommittee shall

prescribe regulations covering the terms and conditions for making

grants under this section.

(e) Each recipient of a grant under this section shall keep such

records as the Secretary may prescribe, including records which

fully disclose the amount and disposition by such recipient of the

proceeds of such grant, the total cost of the project or undertaking

in connection with which such grant is made or used, and the

amount of that portion of the cost of the project or undertaking

supplied by other sources, and such records as will facilitate an effective audit.

(f) The Secretary and the Comptroller General of the United

States, or any of their duly authorized representatives, shall have

access, for the purpose of audit and examination, to any books, documents, papers, and records of the recipient of any grant under

this section which are pertinent to any such grant.

(Added P.L. 89–785, § 203, Nov. 7, 1966, 80 Stat. 1375, § 5055; amended P.L. 92–

69, Aug. 6, 1971, 85 Stat. 178; P.L. 94–424, § 1(2), Sept. 28, 1976, 90 Stat. 1332;

P.L. 94–581, §§ 206(e), 210(e)(13), Oct. 21, 1976, 90 Stat. 2859, 2865; P.L. 96–151,

§ 102(b), Dec. 20, 1979, 93 Stat. 1092; renumbered § 8155 and amended P.L. 102–

40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–83, § 4(a)(3), (4),

(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 102–405, § 302(c)(1), Oct. 9, 1992,

106 Stat. 1984; P.L. 103–446, § 1201(d)(19), Nov. 2, 1994, 108 Stat. 4684.)

§ 8156. Coordination with health services development activities carried out under the National Health

Planning and Resources Development Act of 1974

The Secretary and the Secretary of Health and Human Services

shall, to the maximum extent practicable, coordinate programs carried out under this subchapter and programs carried out under

part F of title XVI of the Public Health Service Act (42 U.S.C. 300

et seq.).

(Added P.L. 89–785, § 203, Nov. 7, 1966, 80 Stat. 1375, § 5056; amended P.L. 94–

581, § 115(a)(2), Oct. 21, 1976, 90 Stat. 2853; P.L. 97–295, § 4(93), (95)(A), Oct. 12,

1982, 96 Stat. 1313; renumbered § 8156, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8157. Joint title to medical equipment

(a) Subject to subsection (b), the Secretary may enter into agreements with institutions described in section 8153(a) of this title for

the joint acquisition of medical equipment.

(b)(1) The Secretary may not pay more than one-half of the purchase price of equipment acquired through an agreement under

subsection (a).

(2) Any equipment to be procured under such an agreement shall

be procured by the Secretary. Title to such equipment shall be held

jointly by the United States and the institution.

(3) Before equipment acquired under such an agreement may be

used, the parties to the agreement shall arrange by contract under

section 8153 of this title for the exchange or use of the equipment.

(4) The Secretary may not contract for the acquisition of medical

equipment to be purchased jointly under an agreement under subsection (a) until the institution which enters into the agreement

provides to the Secretary its share of the purchase price of the

medical equipment.
829 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8158

(c)(1) Notwithstanding any other provision of law, the Secretary

may transfer the interest of the Department in equipment acquired

through an agreement under subsection (a) to the institution which

holds joint title to the equipment if the Secretary determines that

the transfer would be justified by compelling clinical considerations

or the economic interest of the Department. Any such transfer may

only be made upon agreement by the institution to pay to the Department the amount equal to one-half of the depreciated purchase

price of the equipment. Any such payment when received shall be

credited to the applicable Department medical appropriation.

(2) Notwithstanding any other provision of law, the Secretary

may acquire the interest of an institution in equipment acquired

under subsection (a) if the Secretary determines that the acquisition would be justified by compelling clinical considerations or the

economic interests of the Department. The Secretary may not pay

more than one-half the depreciated purchase price of that equipment.

(Added P.L. 102–405, § 103(a)(1), Oct. 9, 1992, 106 Stat. 1973.)

§ 8158. Deposit in escrow

(a) To facilitate the procurement of medical equipment pursuant

to section 8157 of this title, the Secretary may enter into escrow

agreements with institutions described in section 8153(a) of this

title. Any such agreement shall provide that—

(1) the institutions shall pay to the Secretary the funds necessary to make a payment under section 8157(b)(4) of this title;

(2) the Secretary, as escrow agent, shall administer those

funds in an escrow account; and

(3) the Secretary shall disburse the escrowed funds to pay for

such equipment upon its delivery or in accordance with the

contract to procure the equipment and shall disburse all accrued interest or other earnings on the escrowed funds to the

institution.

(b) As escrow agent for funds placed in escrow pursuant to an

agreement under subsection (a), the Secretary may—

(1) invest the escrowed funds in obligations of the Federal

Government or obligations which are insured or guaranteed by

the Federal Government;

(2) retain in the escrow account interest or other earnings on

such investments;

(3) disburse the funds pursuant to the escrow agreement;

and

(4) return undisbursed funds to the institution.

(c)(1) If the Secretary enters into an escrow agreement under this

section, the Secretary may enter into an agreement to procure medical equipment if one-half the purchase price of the equipment is

available in an appropriation or fund for the expenditure or obligation.

(2) Funds held in an escrow account under this section shall not

be considered to be public funds.

(Added P.L. 102–405, § 103(a)(1), Oct. 9, 1992, 106 Stat. 1974.)
§ 8161 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 830

SUBCHAPTER V—ENHANCED–USE LEASES OF REAL

PROPERTY

§ 8161. Definitions

For the purposes of this subchapter:

(1) The term ‘‘enhanced-use lease’’ means a written lease entered into by the Secretary under this subchapter.

(2) The term ‘‘congressional veterans’ affairs committees’’

means the Committees on Veterans’ Affairs of the Senate and

the House of Representatives.

(Added P.L. 102–86, § 401(a), Aug. 14, 1991, 105 Stat. 417.)

§ 8162. Enhanced-use leases

(a)(1) The Secretary may in accordance with this subchapter

enter into leases with respect to real property that is under the jurisdiction or control of the Secretary. Any such lease under this

subchapter may be referred to as an ‘‘enhanced-use lease’’. The Secretary may dispose of any such property that is leased to another

party under this subchapter in accordance with section 8164 of this

title. The Secretary may exercise the authority provided by this

subchapter notwithstanding section 8122 of this title, section 321

of the Act of June 30, 1932 (40 U.S.C. 303b), sections 202 and 203

of the Federal Property and Administrative Services Act of 1949

(40 U.S.C. 483, 484), or any other provision of law (other than Federal laws relating to environmental and historic preservation) inconsistent with this section. The applicability of this subchapter to

section 421(b) of the Veterans’ Benefits and Services Act of 1988

(Public Law 100–322; 102 Stat. 553) is covered by subsection (c).

(2) The Secretary may enter into an enhanced-use lease only if—

(A) the Secretary determines that—

(i) at least part of the use of the property under the lease

will be to provide appropriate space for an activity contributing

to the mission of the Department;

(ii) the lease will not be inconsistent with and will not adversely affect the mission of the Department; and

(iii) the lease will enhance the use of the property; or

(B) the Secretary determines that the implementation of a

business plan proposed by the Under Secretary for Health for

applying the consideration under such a lease to the provision

of medical care and services would result in a demonstrable

improvement of services to eligible veterans in the geographic

service-delivery area within which the property is located.

(3) The provisions of the Act of March 3, 1931 (40 U.S.C. 276a

et seq.), shall not, by reason of this section, become inapplicable to

property that is leased to another party under an enhanced-use

lease.

(4) A property that is leased to another party under an enhanced-use lease may not be considered to be unutilized or underutilized for purposes of section 501 of the Stewart B. McKinney

Homeless Assistance Act (42 U.S.C. 11411).

(b)(1)(A) If the Secretary has determined that a property should

be leased to another party through an enhanced-use lease, the Secretary shall select the party with whom the lease will be entered
831 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8163

into using selection procedures determined by the Secretary that

ensure the integrity of the selection process.

(B) In the case of a property that the Secretary determines is appropriate for use as a facility to furnish services to homeless veterans under chapter 20 of this title, the Secretary may enter into

an enhanced-use lease with a provider of homeless services without

regard to the selection procedures required under subparagraph

(A).

(2) The term of an enhanced-use lease may not exceed 75 years.

(3)(A) Each enhanced-use lease shall be for fair consideration, as

determined by the Secretary. Consideration under such a lease

may be provided in whole or in part through consideration in-kind.

(B) Consideration in-kind may include provision of goods or services of benefit to the Department, including construction, repair, remodeling, or other physical improvements of Department facilities,

maintenance of Department facilities, or the provision of office,

storage, or other usable space.

(4) The terms of an enhanced-use lease may provide for the Secretary to—

(A) obtain facilities, space, or services on the leased property;

and

(B) use minor construction funds for capital contribution payments.

(c)(1) Subject to paragraph (2), the entering into an enhanced-use

lease covering any land or improvement described in section

421(b)(2) of the Veterans’ Benefits and Services Act of 1988 (Public

Law 100–322; 102 Stat. 553) shall be considered to be prohibited

by that section unless specifically authored by law.

(2) The entering into an enhanced-use lease by the Secretary covering any land or improvement described in such section 421(b)(2)

shall not be considered to be prohibited under that section if under

the lease—

(A) the designated property is to be used only for child-care

services;

(B) those services are to be provided only for the benefit of—

(i) employees of the Department;

(ii) individuals employed on the premises of such property; and

(iii) employees of a health-personnel educational institution that is affiliated with a Department facility;

(C) over one-half of the employees benefited by the child-care

services provided are required to be employees of the Department; and

(D) over one-half of the children to whom child-care services

are provided are required to be children of employees of the

Department.

(Added P.L. 102–86, § 401(a), Aug. 14, 1991, 105 Stat. 417; amended P.L. 106–117,

§ § 208(a), 208(b), Nov. 30, 1999, 113 Stat. 1567; P.L. 107–95, § 10(b), Dec. 21, 2001,

115 Stat. 920.)

§ 8163. Designation of property to be leased

(a) If the Secretary proposes to designate a property to be leased

under an enhanced-use lease, the Secretary shall conduct a public

hearing before making the designation. The hearing shall be con-
§ 8163 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 832

ducted in the community in which the property is located. At the

hearing, the Secretary shall receive the views of veterans service

organizations and other interested parties regarding the proposed

lease of the property and the possible effects of the uses to be made

of the property under a lease of the general character then contemplated. The possible effects to be addressed at the hearing shall

include effects on—

(1) local commerce and other aspects of the local community;

(2) programs administered by the Department; and

(3) services to veterans in the community.

(b) Before conducting such a hearing, the Secretary shall provide

reasonable notice of the proposed designation and of the hearing.

The notice shall include the following:

(1) The time and place of the hearing.

(2) Identification of the property proposed to be leased.

(3) A description of the proposed uses of the property under

the lease.

(4) A description of how the uses to be made of the property

under a lease of the general character then contemplated—

(A) would—

(i) contribute in a cost-effective manner to the mission of the Department;

(ii) not be inconsistent with the mission of the Department;

(iii) not adversely affect the mission of the Department; and

(iv) affect services to veterans; or

(B) would result in a demonstrable improvement of services to eligible veterans in the geographic service-delivery

area within which the property is located.

(5) A description of how those uses would affect services to

veterans.

(c)(1) If after a hearing under subsection (a) the Secretary intends to designate the property involved, the Secretary shall notify

the congressional veterans’ affairs committees of the Secretary’s intention to so designate the property and shall publish a notice of

such intention in the Federal Register.

(2) The Secretary may not enter into an enhanced use lease until

the end of the 90-day period beginning on the date of the submission of notice under paragraph (1).

(3) Each notice under paragraph (1) shall include the following:

(A) An identification of the property involved.

(B) An explanation of the background of, rationale for, and

economic factors in support of, the proposed lease.

(C) A summary of the views expressed by interested parties

at the public hearing conducted in connection with the proposed designation, together with a summary of the Secretary’s

evaluation of those views.

(D) A general description of the proposed lease.

(E) A description of how the proposed lease—

(i) would—

(I) contribute in a cost-effective manner to the mission of the Department;
833 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8164

(II) not be inconsistent with the mission of the Department;

(III) not adversely affect the mission of the Department; and

(IV) affect services to veterans; or

(ii) would result in a demonstrable improvement of services to eligible veterans in the geographic service-delivery

area within which the property is located.

(F) A description of how the proposed lease would affect services to veterans.

(4) Not less than 30 days before entering into an enhanced-use

lease, the Secretary shall submit to the congressional veterans’ affairs committees a report on the proposed lease. The report shall

include—

(A) updated information with respect to the matters described in paragraph (3);

(B) a summary of a cost-benefit analysis of the proposed

lease;

(C) a description of the provisions of the proposed lease; and

(D) a notice of designation with respect to the property.

(Added P.L. 102–86, § 401(a), Aug. 14, 1991, 105 Stat. 419; P.L. 106–117, § 208(c),

Nov. 30, 1999, 113 Stat. 1568; amended P.L. 106–419, § 241, Nov. 1, 2000, 114 Stat.

1847; P.L. 106–419, § 404(b), Nov. 1, 2000, 114 Stat. 1865.)

§ 8164. Authority for disposition of leased property

(a) If, during the term of an enhanced-use lease or within 30

days after the end of the term of the lease, the Secretary determines that the leased property is no longer needed by the Department, the Secretary may initiate action for the transfer to the lessee of all right, title, and interest of the United States in the property by requesting the Administrator of General Services to dispose

of the property pursuant to subsection (b). A disposition of property

may not be made under this section unless the Secretary determines that the disposition under this section rather than under

section 8122 of this title is in the best interests of the Department.

The Administrator, upon request of the Secretary, shall take appropriate action under this section to dispose of property of the Department that is or has been subject to an enhanced-use lease.

(b) A disposition under this section may be made for such consideration as the Secretary and the Administrator of General Services

jointly determine is in the best interest of the United States and

upon such other terms and conditions as the Secretary and the Administrator consider appropriate.

(c) Not less than 90 days before a disposition of property is made

under this section, the Secretary shall notify the congressional veterans’ affairs committees of the Secretary’s intent to dispose of the

property and shall publish notice of the proposed disposition in the

Federal Register. The notice shall describe the background of, rationale for, and economic factors in support of, the proposed disposition (including a cost-benefit analysis summary) and the method, terms, and conditions of the proposed disposition.

(Added P.L. 102–86, § 401(a), Aug. 14, 1991, 105 Stat. 420.)
§ 8165 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES 834

§ 8165. Use of proceeds

(a)(1) Funds received by the Department under an enhanced-use

lease and remaining after any deduction from those funds under

subsection (b) shall be deposited in the Department of Veterans Affairs Health Services Improvement Fund established under section

1729B of this title.

(2) Funds received by the Department from a disposal of leased

property under section 8164 of this title and remaining after any

deduction from such funds under the laws referred to in subsection

(c) shall be deposited in the nursing home revolving fund.

(b) An amount sufficient to pay for any expenses incurred by the

Secretary in any fiscal year in connection with an enhanced-use

lease shall be deducted from the proceeds of the lease for that fiscal

year and may be used by the Secretary to reimburse the account

from which the funds were used to pay such expenses.

(c) Subsection (a) does not affect the applicability of section 204

of the Federal Property and Administrative Services Act of 1949

(40 U.S.C. 485) or the Act of June 8, 1896 (40 U.S.C. 485a), with

respect to reimbursement of the Administrator of General Services

for expenses arising from any disposal of property under section

8164 of this title.

(Added P.L. 102–86, § 401(a), Aug. 14, 1991, 105 Stat. 421.)

§ 8166. Construction standards

(a) Unless the Secretary provides otherwise, the construction, alteration, repair, remodeling, or improvement of the property that

is the subject of the lease shall be carried out so as to comply with

all standards applicable to construction of Federal buildings. Any

such construction, alteration, repair, remodeling, or improvement

shall not be subject to any State or local law relating to building

codes, permits, or inspections unless the Secretary provides otherwise.

(b) Unless the Secretary has provided that Federal construction

standards are not applicable to a property, the Secretary shall conduct periodic inspections of any such construction, alteration, repair, remodeling, or improvement for the purpose of ensuring that

the standards are met.

(Added P.L. 102–86, § 401(a), Aug. 14, 1991, 105 Stat. 421.)

§ 8167. Exemption from State and local taxes

The interest of the United States in any property subject to an

enhanced-use lease and any use by the United States of such property during such lease shall not be subject, directly or indirectly,

to any State or local law relative to taxation, fees, assessments, or

special assessments, except sales taxes charged in connection with

any construction, alteration, repair, remodeling, or improvement

project carried out under the lease.

(Added P.L. 102–86, § 401(a), Aug. 14, 1991, 105 Stat. 421.)
835 CH. 81—MEDICAL FACILITY CONSTRUCTION/SUPPLIES § 8169

[§ 8168. Repealed. Public Law 105–114, § 205(b)(1), Nov. 21,

1997, 111 Stat. 2288.]

§ 8169. Expiration

The authority of the Secretary to enter into enhanced-use leases

under this subchapter expires on December 31, 2011.

(Added P.L. 102–86, § 401(a), Aug. 14, 1991, 105 Stat. 422; amended P.L. 103–452,

§ 103(d), Nov. 2, 1994, 108 Stat. 4786; P.L. 104–110, § 101(k), Feb. 13, 1996, 110

Stat. 769; P.L. 105–114, § 205(a), Nov. 21, 1997, 111 Stat. 2288; P.L. 106–117,

§ 208(e), Nov. 30, 1999, 113 Stat. 1568.)
(836)

CHAPTER 82—ASSISTANCE IN ESTABLISHING NEW

STATE MEDICAL SCHOOLS; GRANTS TO AFFILIATED

MEDICAL SCHOOLS; ASSISTANCE TO HEALTH MANPOWER TRAINING INSTITUTIONS

Sec.

8201. Coordination with public health programs; administration.

SUBCHAPTER I—PILOT PROGRAM FOR ASSISTANCE IN THE ESTABLISHMENT OF NEW

STATE MEDICAL SCHOOLS

8211. Declaration of purpose.

8212. Authorization of appropriations.

8213. Pilot program assistance.

8214. Limitations.

SUBCHAPTER II—GRANTS TO AFFILIATED MEDICAL SCHOOLS

8221. Declaration of purpose.

8222. Authorization of appropriations.

8223. Grants.

SUBCHAPTER III—ASSISTANCE TO PUBLIC AND NONPROFIT INSTITUTIONS OF HIGHER

LEARNING, HOSPITALS AND OTHER HEALTH MANPOWER INSTITUTIONS AFFILIATED

WITH THE DEPARTMENT TO INCREASE THE PRODUCTION OF PROFESSIONAL AND

OTHER HEALTH PERSONNEL

8231. Declaration of purpose.

8232. Definition.

8233. Grants.

SUBCHAPTER IV—EXPANSION OF DEPARTMENT HOSPITAL EDUCATION AND TRAINING

CAPACITY

8241. Expenditures to remodel and make special allocations to Department hospitals for health manpower education and training.

§ 8201. Coordination with public health programs; administration

(a) The Secretary and the Secretary of Health and Human Services shall, to the maximum extent practicable, coordinate the programs carried out under this chapter and the programs carried out

under titles VII, VIII, and IX of the Public Health Service Act (42

U.S.C. 292 et seq.).

(b) The Secretary may not enter into any agreement under subchapter I of this chapter after September 30, 1979.

(c) The Secretary, after consultation with the special medical advisory committee established pursuant to section 7312(a) of this

title, shall prescribe regulations covering the terms and conditions

for entering into agreements and making grants under this chapter.

(d) Payments made pursuant to grants under this chapter may

be made in installments, and either in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the Secretary may determine.
837 CH. 82—GRANTS TO HEALTH TRAINING INSTITUTIONS § 8201

(e) In carrying out the purposes of this chapter, the Secretary

may lease to any eligible institution for such consideration and

under such terms and conditions as the Secretary deems appropriate, such land, buildings, and structures (including equipment

therein) under the control and jurisdiction of the Department as

may be necessary. The three-year limitation on the term of a lease

prescribed in section 8122(a) of this title shall not apply with respect to any lease entered into pursuant to this chapter, but no

such lease may be for a period of more than 50 years. Any lease

entered into pursuant to this chapter may be entered into without

regard to the provisions of section 3709 of the Revised Statutes (41

U.S.C. 5). Notwithstanding section 321 of the Act of June 30, 1932

(40 U.S.C. 303b), or any other provision of law, a lease entered into

pursuant to this chapter may provide for the maintenance, protection, or restoration, by the lessee, of the property leased, as a part

or all of the consideration of the lease.

(f) In making grants under this chapter, the Secretary shall give

special consideration to applications from institutions which provide reasonable assurances, which shall be included in the grant

agreement, that priority for admission to health manpower and

training programs carried out by such institutions will be given to

otherwise qualified veterans who during their military service acquired medical military occupation specialties, and that among

such qualified veterans those who served during the Vietnam era

and those who are entitled to disability compensation under laws

administered by the Secretary or whose discharge or release was

for a disability incurred or aggravated in line of duty will be given

the highest priority. In carrying out this chapter and section 7302

of this title in connection with health manpower and training programs assisted or conducted under this title or in affiliation with

a Department medical facility, the Secretary shall take appropriate

steps to encourage the institutions involved to afford the priorities

described in the first sentence of this subsection and to advise all

qualified veterans with such medical military occupation specialties

of the steps the Secretary has taken under this subsection and the

opportunities available to them as a result of such steps.

(g)(1) Each recipient of assistance under this chapter shall keep

such records as the Secretary shall prescribe, including records

which fully disclose the amount and disposition by such recipient

of the proceeds of such assistance, the total cost of the project or

undertaking in connection with which such assistance is made or

used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such records as will facilitate

an effective audit.

(2) The Secretary and the Comptroller General of the United

States, or any of their duly authorized representatives, shall have

access for the purpose of audit and examination to any books, documents, papers, and records of the recipient of any assistance under

this chapter which are pertinent to such assistance.

(Added P.L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1101, § 5070; amended P.L. 94–

581, § 116(1), (2), § 210(f)(1), Oct. 21, 1976, 90 Stat. 2853, 2854, 2865; P.L. 96–151,

§ 103(a), Dec. 20, 1979, 93 Stat. 1093; P.L. 96–330, § 403(b), Aug. 26, 1980, 94 Stat.

1052; P.L. 97–295, § 4(94), Oct. 12, 1982, 96 Stat. 1313; renumbered § 8201 and

amended P.L. 102–40, §§ 402(b)(2)(A), (d)(1), 403(b)(6), May 7, 1991, 105 Stat. 239,

240; P.L. 102–54, § 14(f)(10), June 13, 1991, 105 Stat. 288; P.L. 102–83, § 4(a)(1), (3),
§ 8201 CH. 82—GRANTS TO HEALTH TRAINING INSTITUTIONS 838

(4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; P.L. 103–446, § 1201(d)(20), Nov.

2, 1994, 108 Stat. 4685; P.L. 106–419, § 403(b), Nov. 1, 2000, 114 Stat. 1864.)

SUBCHAPTER I—PILOT PROGRAM FOR ASSISTANCE IN THE

ESTABLISHMENT OF NEW STATE MEDICAL SCHOOLS

§ 8211. Declaration of purpose

The purpose of this subchapter is to authorize the Secretary to

implement a pilot program under which the Secretary may provide

assistance in the establishment of new State medical schools at colleges or universities which are primarily supported by the States

in which they are located if such schools are located in proximity

to, and operated in conjunction with, Department medical facilities.

(Added P.L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1102, § 5071; amended P.L. 94– 581, § 210(f)(2), Oct. 21, 1976, 90 Stat. 2865; renumbered § 8211, P.L. 102–40,

§ 402(b)(2)(B), May 7, 1991, 105 Stat. 239; P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E),

Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8212. Authorization of appropriations

(a) There is authorized to be appropriated $25,000,000 for the fiscal year ending June 30, 1973, and a like sum for each of the six

succeeding fiscal years. Sums appropriated pursuant to this section

shall be used for making grants pursuant to section 8213 of this

title.

(b) Sums appropriated pursuant to subsection (a) of this section

shall remain available until the end of the sixth fiscal year following the fiscal year for which they are appropriated.

(Added P.L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1102, § 5072; renumbered § 8212

and amended P.L. 102–40, § 402(b)(2)(B), (d)(1), May 7, 1991, 105 Stat. 239.)

§ 8213. Pilot program assistance

(a) Subject to subsection (b) of this section, the Secretary may

enter into an agreement to provide to any college or university

which is primarily supported by the State in which it is located

(hereinafter in this subchapter referred to as ‘‘institution’’) the following assistance to enable such institution to establish a new

medical school:

(1) The extension, alteration, remodeling, improvement, or

repair of buildings and structures (including, as part of a lease

made under paragraph (1), the provision of equipment) provided under paragraph (1) to the extent necessary to make

them suitable for use as medical school facilities.

(2) The making of grants to assist the institution to pay the

cost of the salaries of the faculty of such school during the initial 12-month period of operation of the school and the next six

such 12-month periods, but payment under this paragraph

may not exceed an amount equal to— (A) 90 percent of the cost of faculty salaries during the

first 12-month period of operation,

(B) 90 percent of such cost during the second such period,

(C) 90 percent of such cost during the third such period,

(D) 80 percent of such cost during the fourth such period,

(E) 70 percent of such cost during the fifth such period,
839 CH. 82—GRANTS TO HEALTH TRAINING INSTITUTIONS § 8214

(F) 60 percent of such cost during the sixth such period,

and

(G) 50 percent of such cost during the seventh and

eighth such periods.

(b)(1) The Secretary may not enter into any agreement under

subsection (a) of this section unless the Secretary finds, and the

agreement includes satisfactory assurances, that—

(A) there will be adequate State or other financial support

for the proposed school;

(B) the overall plans for the school meet such professional

and other standards as the Secretary deems appropriate;

(C) the school will maintain such arrangements with the Department medical facility with which it is associated (including

but not limited to such arrangements as may be made under

subchapter IV of chapter 81 of this title) as will be mutually

beneficial in the carrying out of the mission of the medical facility and the school; and

(D) on the basis of consultation with the appropriate accreditation body or bodies approved for such purpose by the Secretary of Education, there is reasonable assurance that, with

the aid of an agreement under subsection (a) of this section,

such school will meet the accreditation standards of such body

or bodies within a reasonable time.

(2) Any agreement entered into by the Secretary under this subchapter shall contain such terms and conditions (in addition to

those imposed pursuant to section 8201(e) of this title and subsection (b)(1) of this section) as the Secretary deems necessary and

appropriate to protect the interest of the United States.

(c) If the Secretary, in accordance with such regulations as the

Secretary shall prescribe, determines that any school established

with assistance under this chapter—

(1) is not accredited and fails to gain appropriate accreditation within a reasonable period of time;

(2) is accredited but fails substantially to carry out the terms

of the agreement entered into under this chapter; or

(3) is no longer operated for the purpose for which such assistance was granted,

the Secretary shall be entitled to recover from the recipient of assistance under this chapter the facilities of such school which were

established with assistance under this chapter. In order to recover

such facilities the Secretary may bring an action in the district

court of the United States for the district in which such facilities

are situated.

(Added P.L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1102, § 5073; amended P.L. 94–

581, § 116(3), (4), § 210(f)(3), Oct. 21, 1976, 90 Stat. 2854, 2865; P.L. 97–15, June

17, 1981, 95 Stat. 99; P.L. 97–295, § 4(95)(B), Oct. 12, 1982, 96 Stat. 1313; P.L. 99–

576, § 702(16), Oct. 28, 1986, 100 Stat. 3302; renumbered § 8213 and amended P.L.

102–40, § 402(b)(2)(B), (d)(1), May 7, 1991, 105 Stat. 239; P.L. 102–83, § 4(a)(3), (4),

(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8214. Limitations

The Secretary may not use the authority under this subchapter

to assist in the establishment of more than eight new medical
§ 8214 CH. 82—GRANTS TO HEALTH TRAINING INSTITUTIONS 840

schools. Such schools shall be located in geographically dispersed

areas of the United States.

(Added P.L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1104, § 5074; renumbered § 8214,

P.L. 102–40, § 402(b)(2)(B), May 7, 1991, 105 Stat. 239; amended P.L. 102–83,

§ 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

SUBCHAPTER II—GRANTS TO AFFILIATED MEDICAL

SCHOOLS

§ 8221. Declaration of purpose

The purpose of this subchapter is to authorize the Secretary to

carry out a program of grants to medical schools which have maintained affiliations with the Department in order to assist such

schools to expand and improve their training capacities and to cooperate with institutions of the types assisted under subchapter III

of this chapter in carrying out the purposes of such subchapter.

(Added P.L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1104, § 5081; renumbered § 8221,

P.L. 102–40, § 402(b)(2)(C), May 7, 1991, 105 Stat. 239; P.L. 102–83, § 4(a)(3), (4),

(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8222. Authorization of appropriations

(a) There is authorized to be appropriated for carrying out pro- grams authorized under this chapter $50,000,000 for the fiscal year

ending June 30, 1973; a like sum for each of the six succeeding fiscal years; $15,000,000 for the fiscal year ending September 30,

1980; $25,000,000 for the fiscal year ending September 30, 1981;

and $30,000,000 for the fiscal year ending September 30, 1982.

(b) Sums appropriated pursuant to subsection (a) of this section

shall remain available until the end of the sixth fiscal year following the fiscal year for which they are appropriated.

(c) There is authorized to be appropriated for fiscal year 1979 to

carry out the programs authorized under this chapter such sums

as may be necessary (1) to make to institutions with which the Secretary has entered into agreements under subchapter I of this

chapter supplemental grants for which the Secretary had, before

May 1, 1978, approved applications from such institutions, and (2)

to meet fully the commitments made by the Secretary before May

1, 1978, for grants and applications approved under authority of

this subchapter and subchapters III and IV of this chapter, except

that no funds appropriated under this subsection may be used for

grants and applications approved under this subchapter and such

subchapters III and IV until the full amounts for which applications had been so approved have been obligated under such subchapter I.

(Added P.L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1104, § 5082; amended P.L. 95– 520, § 7, Oct. 26, 1978, 92 Stat. 1822; P.L. 96–151, § 103(b)(1), Dec. 20, 1979, 93

Stat. 1093; renumbered § 8222, P.L. 102–40, § 402(b)(2)(C), May 7, 1991, 105 Stat.

239; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8223. Grants

(a) Any medical school which is affiliated with the Department

under an agreement entered into pursuant to this title may apply

to the Secretary for a grant under this subchapter to assist such

school, in part, to carry out, through the Department medical facility with which it is affiliated, projects and programs in furtherance
841 CH. 82—GRANTS TO HEALTH TRAINING INSTITUTIONS § 8231

of the purposes of this subchapter, except that no grant shall be

made for the construction of any building which will not be located

on land under the jurisdiction of the Secretary. Any such application shall contain such information in such detail as the Secretary

deems necessary and appropriate.

(b) An application for a grant under this section may be approved

by the Secretary only upon the Secretary’s determination that—

(1) the proposed projects and programs for which the grant

will be made will make a significant contribution to improving

the medical education (including continuing education) program of the school;

(2) the application contains or is supported by adequate assurance that any Federal funds made available under this subchapter will be supplemented by funds or other resources

available from other sources, whether public or private;

(3) the application sets forth such fiscal control and accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds expended under

this subchapter; and

(4) the application provides for making such reports, in such

form and containing such information, as the Secretary may

require to carry out the Secretary’s functions under this subchapter, and for keeping such records and for affording such

access thereto as the Secretary may find necessary to assure

the correctness and verification of such reports.

(Added P.L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1104, § 5083; amended P.L. 94–

581, §§ 207, 210(f)(4), Oct. 21, 1976, 90 Stat. 2860, 2865; P.L. 96–151, § 103(b)(2),

Dec. 20, 1979, 93 Stat. 1093; renumbered § 8223, P.L. 102–40, § 402(b)(2)(C), May

7, 1991, 105 Stat. 239; P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105

Stat. 404, 405.)

SUBCHAPTER III—ASSISTANCE TO PUBLIC AND NONPROFIT INSTITUTIONS OF HIGHER LEARNING, HOSPITALS AND OTHER HEALTH MANPOWER INSTITUTIONS

AFFILIATED WITH THE DEPARTMENT TO INCREASE THE

PRODUCTION OF PROFESSIONAL AND OTHER HEALTH

PERSONNEL

§ 8231. Declaration of purpose

The purpose of this subchapter is to authorize the Secretary to

carry out a program of grants to provide assistance in the establishment of cooperative arrangements among universities, colleges,

junior colleges, community colleges, schools of allied health professions, State and local systems of education, hospitals, and other

nonprofit health manpower institutions affiliated with the Department, designed to coordinate, improve, and expand the training of

professional and technical allied health and paramedical personnel,

and to assist in developing and evaluating new health careers,

interdisciplinary approaches and career advancement opportunities, so as to improve and expand allied and other health manpower utilization.

(Added P.L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1105, § 5091; renumbered § 8231,

P.L. 102–40, § 402(b)(2)(D), May 7, 1991, 105 Stat. 239; P.L. 102–83, § 4(a)(3), (4),

(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
§ 8232 CH. 82—GRANTS TO HEALTH TRAINING INSTITUTIONS 842

§ 8232. Definition

For the purpose of this subchapter, the term ‘‘eligible institution’’

means any nonprofit educational facility or other public or nonprofit institution, including universities, colleges, junior colleges,

community colleges, schools of allied health professions, State and

local systems of education, hospitals, and other nonprofit health

manpower institutions for the training or education of allied health

or other health personnel affiliated with the Department for the

conduct of or the providing of guidance for education and training

programs for health manpower.

(Added P.L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1105, § 5092; renumbered § 8232,

P.L. 102–40, § 402(b)(2)(D), May 7, 1991, 105 Stat. 239; P.L. 102–83, § 4(a)(3), (4),

Aug. 6, 1991, 105 Stat. 404.)

§ 8233. Grants

(a) Any eligible institution may apply to the Secretary for a grant

under this subchapter to assist such institution to carry out

through the Department medical facility with which it is, or will

become affiliated, educational and clinical projects and programs,

matching the clinical requirements of the facility to the health

manpower training potential of the eligible institution, for the expansion and improvement of such institution’s capacity to train

health manpower, including physicians assistants, nurse practitioners, and other new types of health personnel in furtherance of

the purposes of this subchapter. Any such application shall contain

a plan to carry out such projects and programs and such other information in such detail as the Secretary deems necessary and appropriate.

(b) An application for a grant under this section may be approved

by the Secretary only upon the Secretary’s determination that—

(1) the proposed projects and programs for which the grant

will be made will make a significant contribution to improving

the education (including continuing education) or training program of the eligible institution;

(2) the application contains or is supported by adequate assurance that any Federal funds made available under this subchapter will be supplemented by funds or other resources

available from other sources, whether public or private;

(3) the application sets forth such fiscal control and accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds expended under

this subchapter; and

(4) the application provides for making such reports, in such

form and containing such information, as the Secretary may

require to carry out the Secretary’s functions under this subchapter, and for keeping such records and for affording such

access thereto as the Secretary may find necessary to assure

the correctness and verification of such reports.

(Added P.L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1106, § 5093; amended P.L. 94–

581, § 210(f)(5), Oct. 21, 1976, 90 Stat. 2866; P.L. 96–330, § 405, Aug. 26, 1980, 94

Stat. 1052; renumbered § 8233, P.L. 102–40, § 402(b)(2)(D), May 7, 1991, 105 Stat.

239; P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
843 CH. 82—GRANTS TO HEALTH TRAINING INSTITUTIONS § 8241

SUBCHAPTER IV—EXPANSION OF DEPARTMENT HOSPITAL

EDUCATION AND TRAINING CAPACITY

§ 8241. Expenditures to remodel and make special allocations to Department hospitals for health manpower

education and training

Out of funds appropriated to the Department pursuant to the authorization in section 8222 of this title, the Secretary may expend

such sums as the Secretary deems necessary, not to exceed 30 per

centum thereof, for (1) the necessary extension, expansion, alteration, improvement, remodeling, or repair of Department buildings

and structures (including provision of initial equipment, replacement of obsolete or worn-out equipment, and, where necessary, addition of classrooms, lecture facilities, laboratories, and other teaching facilities) to the extent necessary to make them suitable for use

for health manpower education and training in order to carry out

the purpose set forth in section 7302, and (2) special allocations to

Department hospitals and other medical facilities for the development or initiation of improved methods of education and training

which may include the development or initiation of plans which reduce the period of required education and training for health personnel but which do not adversely affect the quality of such education or training.

(Added P.L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1106, § 5096; amended P.L. 94–

581, § 210(f)(6), Oct. 21, 1976, 90 Stat. 2866; renumbered § 8241 and amended P.L.

102–40, §§ 402(b)(2)(E), (d)(1), 403(b)(7), May 7, 1991, 105 Stat. 239, 240; P.L. 102–

83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
(844)

CHAPTER 83—ACCEPTANCE OF GIFTS AND BEQUESTS

Sec.

8301. Authority to accept gifts, devises, and bequests.

8302. Legal proceedings.

8303. Restricted gifts.

8304. Disposition of property.

8305. Savings provision.

§ 8301. Authority to accept gifts, devises, and bequests

The Secretary may accept devises, bequests, and gifts, made in

any manner, with respect to which the testator or donor shall have

indicated the intention that such property shall be for the benefit

of groups of persons formerly in the active military, naval, or air

service who by virtue of such service alone, or disability suffered

therein or therefrom, are or shall be patients or members of any

one or more hospitals or homes operated by the United States Government, or has indicated the intention that such property shall be

for the benefit of any such hospital or home, or shall be paid or delivered to any official, as such, or any agency in administrative control thereof. The Secretary may also accept, for use in carrying out

all laws administered by the Secretary, gifts, devises, and bequests

which will enhance the Secretary’s ability to provide services or

benefits.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1254, § 5101; P.L. 99–576, § 701(89), Oct. 28,

1986, 100 Stat. 3299; renumbered § 8301, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; P.L. 102–

86, § 504, Aug. 14, 1991, 105 Stat. 426.)

§ 8302. Legal proceedings

For the purpose of acquiring title to and possession of any property which the Secretary is by this chapter authorized to accept,

the Secretary may initiate and appear in any appropriate legal proceedings, and take such steps therein or in connection therewith as

in the Secretary’s discretion may be desirable and appropriate to

reduce said property to possession. The Secretary may incur such

expenses incident to such proceedings as the Secretary deems necessary or appropriate, which shall be paid as are other administrative expenses of the Department. All funds received by devise, bequest, gift, or otherwise, for the purposes contemplated in this

chapter, including net proceeds of sales authorized by this chapter,

shall be deposited with the Treasurer of the United States to the

credit of the General Post Fund.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1254, § 5102; P.L. 99–576, § 701(90), Oct. 28,

1986, 100 Stat. 3299; renumbered § 8302, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
845 CH. 83—ACCEPTANCE OF GIFTS AND BEQUESTS § 8305

§ 8303. Restricted gifts

Disbursements from the General Post Fund shall be made on orders by and within the discretion of the Secretary and in the manner prescribed in section 8523 of this title; except that (1) if the testator or donor has directed or shall direct that the devise, bequest,

or gift be devoted to a particular use authorized by this chapter,

the same, less expenses incurred, or the net proceeds thereof, shall

be used or disbursed as directed, except that a predatory direction

shall be fulfilled only insofar as may be proper or practicable; and

(2) if the testator or donor shall have indicated the desire that the

devise, bequest, or gift shall be for the benefit of persons in hospitals or homes, or other institutions operated by the United States

but under the jurisdiction of an official other than the Secretary,

the same, less expenses incurred, or the net proceeds thereof which

may come into possession of the Secretary, shall be disbursed by

transfer to the governing authorities of such institution, or otherwise, in such manner as the Secretary may determine, for the benefit of the persons in the institution indicated by the testator or

donor, for proper purposes, as nearly as practicable in conformity

with such desire of the testator or donor.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1255, § 5103; P.L. 99–576, § 701(91), Oct. 28,

1986, 100 Stat. 3299; renumbered § 8303 and amended P.L. 102–40, § 402(b)(1),

(d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991,

105 Stat. 404, 405.)

§ 8304. Disposition of property

If the Secretary receives any property other than moneys as contemplated by this chapter, the Secretary is authorized in the Secretary’s discretion to sell, assign, transfer, and convey the same, or

any interest therein claimed by virtue of such devise, bequest, or

gift, for such price and upon such terms as the Secretary deems advantageous (including consent to partition of realty and compromise of contested claim of title) and the Secretary’s assignment,

deed, or other conveyance of any such property, executed in the

name and on behalf of the United States, shall be valid to pass to

the purchaser thereof such title to said property as the United

States, beneficially or as trustee of the General Post Fund, may

have by virtue of any such devise, bequest, or gift, and the proceedings incident thereto, subject to the conditions, limitations, and

provisions of the instruments so executed by the Secretary.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1255, § 5104; P.L. 99–576, § 701(92), Oct. 28,

1986, 100 Stat. 3299; renumbered § 8304, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8305. Savings provision

(a) Nothing contained in this chapter shall be construed to repeal

or modify any law authorizing the acceptance of devises, bequests,

or gifts to the United States for their own use and benefit or for

any particular purpose specified by the donors or testators.

(b) Whenever the United States receives property and it appears

that it is, or shall have been, the intention of the testator or donor

that such devise, bequest, or gift be for the benefit of those persons

described in section 8301 of this title, or any particular hospital or
§ 8305 CH. 83—ACCEPTANCE OF GIFTS AND BEQUESTS 846

other institution operated primarily for their benefit, such property

or the proceeds thereof shall be credited to the General Post Fund,

and shall be used or disbursed in accordance with the provisions

of this chapter.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1255, § 5105; renumbered § 8305 and amended

P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.)
(847)

CHAPTER 85—DISPOSITION OF DECEASED VETERANS’

PERSONAL PROPERTY

SUBCHAPTER I—PROPERTY LEFT ON DEPARTMENT FACILITY

Sec.

8501. Vesting of property left by decedents.

8502. Disposition of unclaimed personal property.

8503. Notice of provisions of this subchapter.

8504. Disposition of other unclaimed property.

8505. Sale or other disposition of property.

8506. Notice of sale.

8507. Payment of small shipping charges.

8508. Relinquishment of Federal jurisdiction.

8509. Definitions.

8510. Finality of decisions.

SUBCHAPTER II—DEATH WHILE INMATE OF DEPARTMENT FACILITY

8520. Vesting of property left by decedents.

8521. Presumption of contract for disposition of personalty.

8522. Sale of assets accruing to the Fund.

8523. Disbursements from the Fund.

8524. Disposal of remaining assets.

8525. Court actions.

8526. Filing of claims for assets.

8527. Notice of provisions of subchapter.

8528. Investment of the Fund.

SUBCHAPTER I—PROPERTY LEFT ON DEPARTMENT

FACILITY

§ 8501. Vesting of property left by decedents

(a) Personal property left by any decedent upon premises used as

a Department facility, which premises are subject to the exclusive

legislative jurisdiction of the United States and are within the exterior boundaries of any State or dependency of the United States,

shall vest and be disposed of as provided in this subchapter, except

that—

(1) if such person died leaving a last will and testament probated under the laws of the place of such person’s domicile or

under the laws of the State or dependency of the United States

within the exterior boundaries of which such premises or a

part thereof may be, the personal property of such decedent

situated upon such premises shall vest in the person or persons entitled thereto under the provisions of such last will and

testament; and

(2) if such person died leaving any such property not disposed of by a last will and testament probated in accord with

the provisions of paragraph (1) such property shall vest in the

persons entitled to take such property by inheritance under

and upon the conditions provided by the law of the decedent’s

domicile. This paragraph shall not apply to property to which
§ 8501 CH. 85—DECEASED VETERANS’ PERSONAL PROPERTY 848

the United States is entitled except where such title is divested

out of the United States.

(b) Any officer or employee of the United States in possession of

any such property may deliver same to the executor (or the administrator with will annexed) who shall have qualified in either jurisdiction as provided in subsection (a)(1); or if none such then to the

domiciliary administrator or to any other qualified administrator

who shall demand such property. When delivery shall have been

made to any such executor or administrator in accordance with this

subsection, neither the United States nor any officer or employee

thereof shall be liable therefor.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1256, § 5201; P.L. 99–576, § 701(93), Oct. 28,

1986, 100 Stat. 3299; renumbered § 8501, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.)

§ 8502. Disposition of unclaimed personal property

(a) Notwithstanding the provisions of section 8501 of this title,

the Secretary may dispose of the personal property of such decedent left or found upon such premises as hereafter provided in this

subchapter.

(b) If any veteran (admitted as a veteran), or a dependent or survivor of a veteran receiving care under the penultimate sentence of

section 1781(b) of this title, upon such person’s last admission to,

or during such person’s last period of maintenance in, a Department facility, has personal property situated on such facility and

shall have designated in writing a person (natural or corporate) to

receive such property when such veteran, dependent or survivor

dies, the Secretary or employee of the Department authorized by

the Secretary so to act, may transfer possession of such personal

property to the person so designated. If there exists no person so

designated by such veteran, dependent, or survivor or if the one so

designated declines to receive such property, or failed to request

such property within ninety days after the Department mails to

such designate a notice of death and of the fact of such designation,

a description of the property, and an estimate of transportation

cost, which shall be paid by such designate if required under the

regulations hereinafter mentioned, or if the Secretary declines to

transfer possession to such designate, possession of such property

may in the discretion of the Secretary or the Secretary’s designated

subordinate, be transferred to the following persons in the order

and manner herein specified unless the parties otherwise agree in

writing delivered to the Department, namely, executor or administrator, or if no notice of appointment received, to the spouse, children, grandchildren, parents, grandparents, siblings of the veteran.

If claim is made by two or more such relatives having equal priorities, as hereinabove prescribed, or if there are conflicting claims

the Secretary or the Secretary’s designee may in such case deliver

the property either jointly or separately in equal values, to those

equally entitled thereto or may make delivery as may be agreed

upon by those entitled, or may in the discretion of the Secretary

or the Secretary’s designee withhold delivery from them and require the qualification of an administrator or executor of the veterans’ estate and thereupon make delivery to such.
849 CH. 85—DECEASED VETERANS’ PERSONAL PROPERTY § 8503

(c) If the property of any decedent is not so delivered or claimed

and accepted the Secretary or the Secretary’s designee may dispose

of such property by public or private sale in accordance with the

provisions of this subchapter and regulations prescribed by the Secretary.

(d) All sales authorized by this subchapter shall be for cash upon

delivery at the premises where sold and without warranty, express

or implied. The proceeds of such sales after payment of any expenses incident thereto as may be prescribed by regulations, together with any other moneys left or found on a facility, not disposed of in accordance with this subchapter, shall be credited to

the General Post Fund, National Homes, Department of Veterans

Affairs, a trust fund provided for in section 1321(a)(45) of title 31.

In addition to the purposes for which such fund may be used under

the existing law, disbursements may be made therefrom as authorized by the Secretary by regulation or otherwise for the purpose of

satisfying any legal liability incurred by any employee in administering the provisions of this subchapter, including any expense incurred in connection therewith. Legal liability shall not exist when

delivery or sale shall have been made in accordance with this subchapter.

(e) If, notwithstanding such sale, a claim is filed with the Secretary within five years after notice of sale as herein required, by

or on behalf of any person or persons who if known would have

been entitled to the property under section 8501 of this title or to

possession thereof under this section, the Secretary shall determine

the person or persons entitled under the provisions of this subchapter and may pay to such person or persons so entitled the proceeds of sale of such property, less expenses. Such payment shall

be made out of the said trust fund, and in accord with the provisions of this section or section 8501 of this title. Persons under

legal disability to sue in their own name may make claim for the

proceeds of sale of such property at any time within five years after

termination of such legal disability.

(f) Any such property, the sale of which is authorized under this

subchapter and which remains unsold, may be used, destroyed, or

otherwise disposed of in accordance with regulations promulgated

by the Secretary.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1257, § 5202; P.L. 94–581, § 208(a), Oct. 21,

1976, 90 Stat. 2860; P.L. 97–258, § 3(k)(9), Sept. 13, 1982, 96 Stat. 1066; P.L. 99–

576, § 701(94), Oct. 28, 1986, 100 Stat. 3299; renumbered § 8502 and amended P.L.

102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–54, § 14(f)(11),

June 13, 1991, 105 Stat. 288; P.L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug.

6, 1991, 105 Stat. 404–406; P.L. 103–446, § 1201(i)(11), Nov. 2, 1994, 108 Stat. 4689;

P.L. 107–135, § 208(e)(9), Jan. 23, 2002, 115 Stat. 2464.)

§ 8503. Notice of provisions of this subchapter

All persons having or bringing personal property on the premises

of a Department facility shall be given reasonable notice of the provisions of this subchapter. In case of a mentally incompetent person, notice hereof shall be given the guardian or other person having custody or control of such person or, if none, to such person’s

nearest relative if known. The admission to or continued maintenance in such facility after reasonable notice of the provisions of

this subchapter shall constitute consent to the provisions hereof.
§ 8503 CH. 85—DECEASED VETERANS’ PERSONAL PROPERTY 850

The death of any person on any such facility or the leaving of property thereon shall be prima facie evidence of a valid agreement for

the disposition of such property in accordance with the provisions

of this subchapter.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1258, § 5203; P.L. 99–576, § 701(95), Oct. 28,

1986, 100 Stat. 3300; renumbered § 8503, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.)

§ 8504. Disposition of other unclaimed property

Any other unclaimed property found on the premises under the

control of the Department shall be stored by the officer in charge

of such premises and may be sold, used, destroyed, or otherwise

disposed of in accordance with regulations promulgated by the Secretary if the owner thereof fails to claim same within ninety days.

If undisposed of, the same may be reclaimed by the owner, such

person’s personal representative or next of kin, upon payment of

reasonable storage charges prescribed by regulations. If sold, the

net proceeds thereof shall be credited to said post fund to be expended as other assets of such fund. The person who was entitled

to such property, or such person’s legal representative, or assignee,

shall be paid the proceeds of sale thereof, less expenses if claim

therefor be made within five years from the date of finding. If the

owner shall have died intestate without creditors or next of kin

surviving, such proceeds shall not be paid to such person’s legal

representative.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1258, § 5204; P.L. 99–576, § 701(96), Oct. 28,

1986, 100 Stat. 3300; renumbered § 8504, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8505. Sale or other disposition of property

Any unclaimed personal property as described in section 8502 of

this title of veterans who have heretofore died or who may hereafter die while maintained as such in a Department facility, and

also any unclaimed property heretofore or hereafter found or situated in such facility, may be sold, used, destroyed, or otherwise disposed of in accordance with this subchapter, and subject to regulations promulgated by the Secretary pursuant hereto; and the net

proceeds of sale thereof shall be credited and be subject to disbursement as provided in this subchapter.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1258, § 5205; renumbered § 8505 and amended

P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102–83,

§ 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8506. Notice of sale

At least ninety days before any sale pursuant to this subchapter,

written or printed notice thereof describing the property to be sold

shall be mailed to the owner of the property or, if deceased, to the

owner’s executor or administrator, or to the nearest kin, if any such

appear by the records of the Department. If none such appears

from said records, similar notice shall be posted at the facility

where the death occurred or property shall have been found (if in

existence) and at the place where such property is situated at the

time of such notice, and also at the place where probate notices are

posted in the county wherein the sale is to be had. The person post-
851 CH. 85—DECEASED VETERANS’ PERSONAL PROPERTY § 8510

ing such notice shall make an affidavit setting forth the time and

place of such posting and attaching thereto a copy of such notice,

and such affidavit shall be prima facie evidence of such posting and

admissible in evidence as proof of the same.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1258, § 5206; P.L. 99–576, § 701(97), Oct. 28,

1986, 100 Stat. 3300; renumbered § 8506, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.)

§ 8507. Payment of small shipping charges

Upon receipt of a proper claim for such property under the provisions of this subchapter the Secretary is hereby authorized, in the

Secretary’s discretion and in accordance with regulations prescribed by the Secretary, to pay mailing or shipping charges not to

exceed $25 in the case of each deceased veteran as hereinabove defined.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1259, § 5207; P.L. 99–576, § 701(98), Oct. 28,

1986, 100 Stat. 3300; renumbered § 8507, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8508. Relinquishment of Federal jurisdiction

Subject to the provisions of this subchapter and to the extent

necessary to effectuate the purposes of this subchapter, there is

hereby relinquished to the respective State or dependency of the

United States such jurisdiction pertaining to the administration of

estates of decedents as may have been ceded to the United States

by said State or dependency of the United States respecting the

Federal reservation on which is situated any Department facility

while such facility is operated by the Department; such jurisdiction

with respect to any such property on any such reservation to be to

the same extent as if such premises had not been ceded to the

United States. Nothing in this section shall be construed to deprive

any State or dependency of the United States of any jurisdiction

which it now has nor to give any State, possession, or dependency

of the United States authority over any Federal official as such on

such premises or otherwise.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1259, § 5208; renumbered § 8508, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105

Stat. 404.)

§ 8509. Definitions

The term ‘‘facility’’ or ‘‘Department facility’’ as used in this subchapter means those facilities over which the Department has direct and exclusive administrative jurisdiction, including hospitals

or other facilities on property owned or leased by the United States

while operated by the Department.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1259, § 5209; renumbered § 8509, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105

Stat. 404.)

§ 8510. Finality of decisions

Decisions by the Secretary under this subchapter shall not be reviewable administratively by any other officer of the United States.
§ 8510 CH. 85—DECEASED VETERANS’ PERSONAL PROPERTY 852

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1259, § 5210; renumbered § 8510, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991,

105 Stat. 404, 405.)

SUBCHAPTER II—DEATH WHILE INMATE OF DEPARTMENT

FACILITY

§ 8520. Vesting of property left by decedents

(a) Whenever any veteran (admitted as a veteran), or a dependent or survivor of a veteran receiving care under the penultimate

sentence of section 1781(b) of this title, shall die while a member

or patient in any facility, or any hospital while being furnished

care or treatment therein by the Department, and shall not leave

any surviving spouse, next of kin, or heirs entitled, under the laws

of the decedent’s domicile, to the decedent’s personal property as to

which such person dies intestate, all such property, including

money and chooses in action, owned by such person at the time of

death and not disposed of by will or otherwise, shall immediately

vest in and become the property of the United States as trustee for

the sole use and benefit of the General Post Fund (hereinafter in

this subchapter referred to as the ‘‘Fund’’), a trust fund prescribed

by section 1321(a)(45) of title 31.

(b) The provisions of subsection (a) are conditions precedent to

the initial, and also to the further furnishing of care or treatment

by the Department in a facility or hospital. The acceptance and the

continued acceptance of care or treatment by any veteran (admitted

as a veteran to a Department facility or hospital) shall constitute

an acceptance of the provisions and conditions of this subchapter

and have the effect of an assignment, effective at such person’s

death, of such assets in accordance with and subject to the provisions of this subchapter and regulations issued in accordance with

this subchapter.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1259, § 5220; P.L. 94–581, § 208(b), Oct. 21,

1976, 90 Stat. 2860; P.L. 97–258, § 3(k)(9), Sept. 13, 1982, 96 Stat. 1066; P.L. 99–

576, § 701(99), Oct. 28, 1986, 100 Stat. 3300; renumbered § 8520, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, §§ 4(a)(3), (4), 5(c)(1), Aug. 6,

1991, 105 Stat. 404, 406; P.L. 107–14, § 8(a)(16), June 5, 2001, 115 Stat. 35; P.L.

107–135, § 208(e)(9), Jan. 23, 2002, 115 Stat. 2464.)

§ 8521. Presumption of contract for disposition of personalty

The fact of death of a veteran (admitted as such), or a dependent

or survivor of a veteran receiving care under the penultimate sentence of section 1781(b) of this title, in a facility or hospital, while

being furnished care or treatment therein by the Department, leaving no spouse, next of kin, or heirs, shall give rise to a conclusive

presumption of a valid contract for the disposition in accordance

with this subchapter, but subject to its conditions, of all property

described in section 8520 of this title owned by said decedent at

death and as to which such person dies intestate.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1260, § 5221; P.L. 94–581, § 208(c), Oct. 21,

1976, 90 Stat. 2860; P.L. 99–576, § 701(100), Oct. 28, 1986, 100 Stat. 3300; renumbered § 8521 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

238, 239; P.L. 102–83, §§ 4(a)(3), (4), 5(c)(1), Aug. 6, 1991, 105 Stat. 404, 406; P.L.

107–135, § 208(e)(9), Jan. 23, 2002, 115 Stat. 2464.)
853 CH. 85—DECEASED VETERANS’ PERSONAL PROPERTY § 8523

§ 8522. Sale of assets accruing to the Fund

Any assets heretofore or hereafter accruing to the benefit of the

Fund, other than money, but including jewelry and other personal

effects, may be sold at the times and places and in the manner prescribed by regulations issued by the Secretary. Upon receipt of the

purchase price the Secretary is authorized to deliver at the place

of sale, said property sold, and upon request to execute and deliver

appropriate assignments or other conveyances thereof in the name

of the United States, which shall pass to the purchaser such title

as decedent had at date of death. The net proceeds after paying

any proper sales expense as determined by the Secretary shall

forthwith be paid to the Treasurer of the United States to the credit of the Fund; and may be disbursed as are other moneys in the

Fund by the Division of Disbursements, Treasury Department,

upon order of said Secretary. Articles of personal adornment which

are obviously of sentimental value, shall be retained and not sold

or otherwise disposed of until the expiration of five years from the

date of death of the veteran, without a claim therefor, unless for

sanitary or other proper reasons it is deemed unsafe to retain

same, in which event they may be destroyed forthwith. Any other

articles coming into possession of the Secretary or the Secretary’s

representative by virtue of this subchapter which, under regulations promulgated by the Secretary, are determined to be unsalable

may be destroyed forthwith or at the time prescribed by regulations, or may be used for the purposes for which disbursements

might properly be made from the Fund, or if not usable, otherwise

disposed of in accordance with regulations.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1260, § 5222; P.L. 99–576, § 701(101), Oct. 28,

1986, 100 Stat. 3300; renumbered § 8522, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8523. Disbursements from the Fund

Disbursements from the Fund shall be made by the Division of

Disbursements, Treasury Department, upon the order and within

the discretion of the Secretary for the benefit of members and patients while being supplied care or treatment by the Department

in any facility or hospital. The authority contained in the preceding

sentence is not limited to facilities or hospitals under direct administrative control of the Department. There shall be paid out of the

assets of the decedent so far as may be the valid claims of creditors

against the decedent’s estate that would be legally payable therefrom in the absence of this subchapter and without the benefit of

any exemption statute, and which may be presented to the Department within one year from the date of death, or within the time,

to the person, and in the manner required or permitted by the law

of the State wherein administration, if any, is had upon the estate

of the deceased veteran; and also the proper expenses and costs of

administration, if any. If the decedent’s estate is insolvent the distribution to creditors shall be in accordance with the laws of the

decedent’s domicile, and the preferences and priorities prescribed

thereby shall govern, subject to any applicable law of the United

States.
§ 8523 CH. 85—DECEASED VETERANS’ PERSONAL PROPERTY 854

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1260, § 5223; P.L. 99–576, § 701(102), Oct. 28,

1986, 100 Stat. 3300; renumbered § 8523, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8524. Disposal of remaining assets

The remainder of such assets or their proceeds shall become assets of the United States as trustee for the Fund and disposed of

in accordance with this subchapter. If there is administration upon

the decedent’s estate such assets, other than money, upon claim

therefor within the time required by law, shall be delivered by the

administrator of the estate to the Secretary or the Secretary’s authorized representative, as upon final distribution; and upon the

same claim there shall be paid to the Treasurer of the United

States for credit to the Fund any such money, available for final

distribution. In the absence of administration, any money, chose in

action, or other property of the deceased veteran held by any person shall be paid or transferred to the Secretary upon demand by

the Secretary or the Secretary’s duly authorized representative,

who shall deliver itemized receipt therefor. Such payment or transfer shall constitute a complete acquittance of the transferor with

respect to any claims by any administrator, creditor, or next of kin

of such decedent.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1261, § 5224; P.L. 99–576, § 701(103), Oct. 28,

1986, 100 Stat. 3300; renumbered § 8524, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8525. Court actions

If necessary to obtain such assets the Secretary, through the Secretary’s authorized attorneys, may bring and prosecute appropriate

actions at law or other legal proceedings, the costs and expenses

thereof to be paid as are other administrative expenses of the Department.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1261, § 5225; P.L. 99–576, § 701(104), Oct. 28,

1986, 100 Stat. 3301; renumbered § 8525, P.L. 102–40, § 402(b)(1), May 7, 1991, 105

Stat. 238; P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8526. Filing of claims for assets

Notwithstanding the crediting to said Fund of the assets, or proceeds thereof, of any decedent, whether upon determination by a

court or the Department pursuant to the provisions of section 8520

of this title, any person claiming a right to such assets may within

five years after the death of the decedent file a claim on behalf of

such person and any other claiming with the Secretary. Upon receipt of due proof that any person was at date of death of the veteran entitled to the veteran’s personal property, or a part thereof,

under the laws of the State of domicile of the decedent, the Secretary may pay out of the Fund, but not to exceed the net amount

credited thereto from said decedent’s estate less any necessary expenses, the amount to which such person, or persons, was or were

so entitled, and upon similar claim any assets of the decedent

which shall not have been disposed of shall be delivered in kind to

the parties legally entitled thereto. If any person so entitled is

under legal disability at the date of death of such decedent, such

five-year period of limitation shall run from the termination or removal of legal disability. In the event of doubt as to entitlement,
855 CH. 85—DECEASED VETERANS’ PERSONAL PROPERTY § 8528

the Secretary may cause administration or other appropriate proceedings to be instituted in any court having jurisdiction. In determining questions of fact or law involved in the adjudication of

claims made under this section, no judgment, decree, or order entered in any action at law, suit in equity, or other legal proceeding

of any character purporting to determine entitlement to said assets

or any part thereof, shall be binding upon the United States or the

Secretary or determinative of any fact or question involving entitlement to any such property or the proceeds thereof, or any part of

the Fund, unless the Secretary has been seasonably served with

notice and permitted to become a party to such suit or proceeding

if the Secretary makes a request therefor within thirty days after

such notice. Notice may be served in person or by registered mail

or by certified mail upon the Secretary, or upon the Secretary’s authorized attorney in the State wherein the action or proceedings

may be pending. Notice may be waived by the Secretary or by the

Secretary’s authorized attorney, in which event the finding, judgment, or decree shall have the same effect as if the Secretary were

a party and served with notice. Any necessary court costs or expenses if authorized by the Secretary may be paid as are other administrative expenses of the Department.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1261, § 5226; P.L. 86–507, § 1(33), June 11,

1960, 74 Stat. 202; P.L. 99–576, § 701(105), Oct. 28, 1986, 100 Stat. 3301; renumbered § 8526 and amended P.L. 102–40, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

238, 239; P.L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

§ 8527. Notice of provisions of subchapter

The Secretary shall prescribe a form of application for hospital

treatment and domiciliary care which shall include notice of the

provisions of this subchapter.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1262, § 5227; renumbered § 8527, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991,

105 Stat. 404, 405.)

§ 8528. Investment of the Fund

Money in the Fund not required for current disbursements may

be invested and reinvested by the Secretary of the Treasury in interest-bearing obligations of the United States or in obligations

guaranteed as to both principal and interest by the United States.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1262, § 5228; renumbered § 8528, P.L. 102–40,

§ 402(b)(1), May 7, 1991, 105 Stat. 238.)
(856)

RELATED PROVISIONS OF LAW
(857)

ADMINISTRATIVE AND JUDICIAL

MATTERS

DEPARTMENT OF VETERANS AFFAIRS ACT 

(38 U.S.C. 301 note)

Public Law 100–527 provides:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Department of Veterans Affairs

Act’’.

SEC. 2. ESTABLISHMENT OF VETERANS’ ADMINISTRATION AS AN EXECUTIVE DEPARTMENT.

The Veterans’ Administration is hereby redesignated as the Department of Veterans Affairs and shall be an executive department

in the executive branch of the Government.

[SECS. 3 to 5. Repealed. Public Law 102–83, § 3(3), Aug. 6, 1991, 105 Stat.

402.]

SEC. 6. VETERANS HEALTH SERVICES AND RESEARCH ADMINISTRATION.

The establishment within the Veterans’ Administration known as

the Department of Medicine and Surgery is hereby redesignated as

the Veterans Health Services and Research Administration of the

Department of Veterans Affairs.

SEC. 7. VETERANS BENEFITS ADMINISTRATION.

The establishment within the Veterans’ Administration known as

the Department of Veterans’ Benefits is hereby redesignated as the

Veterans Benefits Administration of the Department of Veterans

Affairs.

SEC. 8. OFFICE OF THE GENERAL COUNSEL.

[(a) Repealed. Public Law 102–83, § 3(3), Aug. 6, 1991, 105 Stat.

402.]

(b) CONTINUATION OF SERVICE OF GENERAL COUNSEL.—The individual serving on the effective date of this Act [Mar. 15, 1989] as

the General Counsel of the Veterans’ Administration may act as

the General Counsel of the Department of Veterans Affairs until a

person is appointed under this Act to that office.

SEC. 9. OFFICE OF THE INSPECTOR GENERAL.

(a) REDESIGNATION.—The Office of Inspector General of the Veterans’ Administration, established in accordance with the Inspector

General Act of 1978 [Public Law 95–452, set out in the Appendix

to Title 5, Government Organization and Employees], is hereby redesignated as the Office of Inspector General of the Department of

Veterans Affairs.
DEPARTMENT OF VETERANS AFFAIRS ACT 858

[(b) Repealed. Public Law 102–83, § 3(3), Aug. 6, 1991, 105 Stat.

402.]

SEC. 10. REFERENCES.

Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining

to the Veterans’ Administration—

(1) to the Administrator of Veterans’ Affairs shall be deemed

to refer to the Secretary of Veterans Affairs;

(2) to the Veterans’ Administration shall be deemed to refer

to the Department of Veterans Affairs;

(3) to the Deputy Administrator of Veterans’ Affairs shall be

deemed to refer to the Deputy Secretary of Veterans Affairs;

(4) to the Chief Medical Director of the Veterans’ Administration shall be deemed to refer to the Chief Medical Director

[now Under Secretary for Health] of the Department of Veterans Affairs;

(5) to the Department of Medicine and Surgery of the Veterans’ Administration shall be deemed to refer to the Veterans

Health Services and Research Administration of the Department of Veterans Affairs;

(6) to the Chief Benefits Director of the Veterans’ Administration shall be deemed to refer to the Chief Benefits Director

[now Under Secretary for Benefits] of the Department of Veterans Affairs;

(7) to the Department of Veterans’ Benefits of the Veterans’

Administration shall be deemed to refer to the Veterans Benefits Administration of the Department of Veterans Affairs;

(8) to the Chief Memorial Affairs Director of the Veterans’

Administration shall be deemed to refer to the Director of the

National Cemetery System of the Department of Veterans Affairs; and

(9) to the Department of Memorial Affairs of the Veterans’

Administration shall be deemed to refer to the National Cemetery System of the Department of Veterans Affairs.

SEC. 11. SAVINGS PROVISIONS.

(a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, and privileges—

(1) which have been issued, made, granted, or allowed to become effective by the President, by the Administrator of Veterans’ Affairs, or by a court of competent jurisdiction, in the

performance of functions of the Administrator or the Veterans’

Administration; and

(2) which are in effect on the effective date of this Act [Mar.

15, 1989];

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law

by the President, the Secretary, or other authorized official, by a

court of competent jurisdiction, or by operation of law.

(b) PROCEEDINGS NOT AFFECTED.—The provisions of this Act

shall not affect any proceedings or any application for any benefits,

service, license, permit, certificate, or financial assistance pending

before the Veterans’ Administration at the time this Act takes ef-
859 DEPARTMENT OF VETERANS AFFAIRS ACT

fect, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken

therefrom, and payments shall be made pursuant to such orders,

as if this Act had not been enacted, and orders issued in any such

proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of

competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions

and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.

(c) SUITS NOT AFFECTED.—The provisions of this Act shall not affect suits commenced before the effective date of this Act, and in

all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as

if this Act had not been enacted.

(d) NONABATEMENT OF ACTIONS.—No suit, action, or other proceeding commenced by or against the Veterans’ Administration, or

by or against any individual in the official capacity of such individual as an officer of the Veterans’ Administration, shall abate by

reason of the enactment of this Act.

(e) PROPERTY AND RESOURCES.—The contracts, liabilities,

records, property, and other assets and interests of the Veterans’

Administration shall, after the effective date of this Act, be considered to be the contracts, liabilities, records, property, and other assets and interests of the Department of Veterans Affairs.

(f) COMPENSATION FOR CONTINUED SERVICE.—Any person—

(1) who acts as Secretary or Deputy Secretary of the Department of Veterans Affairs under section 3(e);

(2) who continues to serve as Chief Medical Director [now

Under Secretary for Health] or Chief Benefits Director [now

Under Secretary for Benefits] of such department under section 3(f) or (g), respectively;

(3) who acts as the Director of the National Cemetery System under section 3(h); or

(4) who acts as General Counsel of the Department of Veterans Affairs under section 8(b);

after the effective date of this Act and before the first appointment

of a person to such position after such date shall continue to be

compensated for so serving or acting at the rate at which such person was compensated before the effective date of this Act.

[SEC. 12. Repealed. Public Law 102–83, § 3(3), Aug. 6, 1991, 105 Stat. 402.]

SEC. 13. CONFORMING AMENDMENTS.

[Omitted.]

SEC. 14. ADDITIONAL CONFORMING AMENDMENTS.

After consultation with the appropriate committees of the Congress, the Secretary of Veterans Affairs shall prepare and submit

to the Congress proposed legislation containing technical and conforming amendments to title 38, United States Code, and to other

provisions of law, which reflect the changes made by this Act. Such

legislation shall be submitted not later than 6 months after the

date of enactment of this Act [Oct. 25, 1988].
DEPARTMENT OF VETERANS AFFAIRS ACT 860

SEC. 15. ADMINISTRATIVE REORGANIZATIONS.

[Omitted.]

[SEC. 16. Repealed. Public Law 102–83, § 3(3), Aug. 6, 1991, 105 Stat. 402.]

* * * * * * *

SEC. 18. EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in subsection (b), this Act

shall take effect on March 15, 1989.

(b) APPOINTMENT OF SECRETARY.—Notwithstanding any other

provision of law or of this Act, the President may, any time after

January 21, 1989, appoint an individual to serve as Secretary of

the Department of Veterans Affairs.
(861)

PROVIDING AN ORDER OF SUCCESSION WITHIN THE

DEPARTMENT OF VETERANS AFFAIRS

EXECUTIVE ORDER 13247 OF DECEMBER 18, 2001

By the authority vested in me as President by the Constitution and

the laws of the United States of America, including subchapter III

of chapter 33 of title 5 of the United States Code, it is hereby ordered that:

Sec. 1. Subject to the provisions of section 3 of this Executive

order, the officers named in section 2, in the order listed, shall act

as and perform the functions and duties of the office of Secretary

of Veterans Affairs (Secretary) during any period when both the

Secretary and the Deputy Secretary of Veterans Affairs (Deputy

Secretary) have died, resigned, or are otherwise unable to perform

the functions and duties of the office of the Secretary.

Sec. 2. Order of Succession.

(a) Under Secretary of Veterans Affairs for Health;

(b) Under Secretary of Veterans Affairs for Benefits;

(c) Under Secretary of Veterans Affairs for Memorial Affairs;

(d) General Counsel of the Department of Veterans Affairs;

(e) Assistant Secretaries of Veterans Affairs, in the order in

which they shall have taken the oath of office as Assistant Secretaries, other than the Chief Financial Officer and, if an Assistant

Secretary, the Chief Information Officer;

(f) Chief Information Officer of the Department of Veterans Affairs, if the Chief Information Officer is an officer appointed by the

President by and with the consent of the Senate;

(g) Chief Financial Officer of the Department of Veterans Affairs;

and

(h) Chairman, Board of Veterans’ Appeals.

Sec. 3. Exceptions.

(a) No individual who is serving in an office listed in section

2(a)–(h) in an acting capacity shall act as Secretary pursuant to

this Executive Order.

(b) Notwithstanding the provisions of this Executive Order, the

President retains discretion, to the extent permitted by subchapter

III of chapter 33 of title 5 of the United States Code, to depart from

this Executive Order in designating an acting Secretary.

George W. Bush

THE WHITE HOUSE,

December 18, 2001.
(862)

DEPARTMENT OF VETERANS AFFAIRS EMPLOYMENT

REDUCTION ASSISTANCE ACT OF 1999 (TITLE XI OF

PUB. L. 106–117)

TITLE XI—VOLUNTARY SEPARATION INCENTIVE

PROGRAM

SEC. 1101. SHORT TITLE.

This title may be cited as the ‘‘Department of Veterans Affairs

Employment Reduction Assistance Act of 1999’’.

SEC. 1102. [5 U.S.C. 5597 note] PLAN FOR PAYMENT OF VOLUNTARY

SEPARATION INCENTIVE PAYMENTS.

(a) IN GENERAL.—The Secretary of Veterans Affairs shall, before

obligating any funds for the payment of voluntary separation incentive payments under this title, submit to the Director of the Office

of Management and Budget an operational plan outlining the proposed use of such incentive payments and a proposed organizational chart for the elements of the Department of Veterans Affairs

covered by the plan once the payment of such incentive payments

has been completed.

(b) CONTENTS.—The plan under subsection (a) shall—

(1) take into account the limitations on elements, and personnel within elements, of the Department specified in subsection (c);

(2) specify the positions to be reduced or eliminated and

functions to be restructured or reorganized, identified by element of the Department, geographic location, occupational category, and grade level;

(3) specify the manner in which the plan will improve operating efficiency, or meet actual or anticipated levels of budget

or staffing resources, of each element covered by the plan and

of the Department generally; and

(4) include a description of how each element of the Department covered by the plan will operate without the functions or

positions affected by the implementation of the plan.

(c) LIMITATION.—The plan under subsection (a) shall be limited

to a total of 7,734 positions within the Department, allocated

among the elements of the Department as follows:

(1) The Veterans Health Administration, 6,800 positions.

(2) The Veterans Benefits Administration, 740 positions.

(3) Department of Veterans Affairs Staff Offices, 156 positions.

(4) The National Cemetery Administration, 38 positions.

(d) APPROVAL.—(1) The Director of the Office of Management and

Budget shall approve or disapprove the plan submitted under subsection (a).
863 EMPLOYMENT REDUCTION ASSISTANCE ACT OF 1999

(2) In approving the plan, the Director may make such modifications to the plan as the Director considers appropriate with respect

to the following:

(A) The number and amounts of voluntary incentive payments that may be paid under the plan.

(B) Any other matter that the Director considers appropriate.

(3) In the event of the disapproval of a plan by the Director

under paragraph (1), the Secretary may modify and resubmit the

plan to the Director. The provisions of this section shall apply to

any plan submitted to the Director under this paragraph as if such

plan were the initial plan submitted to the Director under subsection (a).

SEC. 1103. [5 U.S.C. 5597 note] VOLUNTARY SEPARATION INCENTIVE

PAYMENTS.

(a) AUTHORITY TO PAY VOLUNTARY SEPARATION INCENTIVE PAYMENTS.—(1) The Secretary may pay a voluntary separation incentive payment to an eligible employee only—

(A) to the extent necessary to reduce or restructure the positions and functions identified by the plan approved under section 1102; and

(B) if the Under Secretary concerned, or the head of the staff

office concerned, approves the payment of the voluntary separation incentive payment to that employee.

(2) In order to receive a voluntary separation incentive payment

under this title, an employee must separate from service with the

Department voluntarily (whether by retirement or resignation)

under the provisions of this title.

(b) AMOUNT AND TREATMENT OF PAYMENTS.—A voluntary separation incentive payment—

(1) shall be paid in a lump sum after the employee’s separation under this title;

(2) shall be in an amount equal to the lesser of—

(A) an amount equal to the amount the employee would

be entitled to receive under section 5595(c) of title 5,

United States Code, if the employee were entitled to payment under that section (without adjustment for any previous payment made under that section); or

(B) an amount determined by the Secretary, not to exceed $25,000;

(3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government

benefit; and

(4) shall not be taken into account in determining the

amount of severance pay to which an employee may be entitled

under section 5595 of title 5, United States Code, based on any

other separation.

(c) SOURCE OF FUNDS.—Voluntary separation incentive payments

under this title shall be paid from the appropriations or funds

available for payment of the basic pay of the employees of the

Department.
EMPLOYMENT REDUCTION ASSISTANCE ACT OF 1999 864

SEC. 1104. [5 U.S.C. 5597 note] EFFECT OF SUBSEQUENT EMPLOYMENT

WITH THE GOVERNMENT.

(a) REPAYMENT UPON REEMPLOYMENT.—Except as provided in

subsection (b), an individual who is paid a voluntary separation incentive payment under this title and who subsequently accepts employment with the Government within five years after the date of

the separation on which the payment is based shall be required to

repay to the Secretary, before the individual’s first day of such employment, the entire amount of the voluntary separation incentive

payment paid to the individual under this title.

(b) WAIVER AUTHORITY FOR CERTAIN INDIVIDUALS.—(1) If the employment of an individual under subsection (a) is with an Executive

agency (as defined by section 105 of title 5, United States Code),

the United States Postal Service, or the Postal Rate Commission,

the Director of the Office of Personnel Management may, at the request of the head of such agency, waive repayment by the individual under that subsection if the individual possesses unique

abilities and is the only qualified applicant available for the position.

(2) If the employment of an individual under subsection (a) is

with an entity in the legislative branch, the head of the entity or

the appointing official may waive repayment by the individual

under that subsection if the individual involved possesses unique

abilities and is the only qualified applicant available for the

position.

(3) If the employment of an individual under subsection (a) is

with the judicial branch, the Director of the Administrative Office

of the United States Courts may waive repayment by the individual under that subsection if the individual involved possesses

unique abilities and is the only qualified applicant available for the

position.

(c) EMPLOYMENT DEFINED.—for purposes of this section, the term ‘‘employment’’ includes— (1) for purposes of subsections (a) and (b), employment of any

length or under any type of appointment, but does not include

employment that is without compensation; and

(2) for purposes of subsection (a), employment with any

agency of the Government through a personal services

contract.

SEC. 1105. [5 U.S.C. 5597 note] ADDITIONAL AGENCY CONTRIBUTIONS

TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND.

(a) REQUIREMENT.—In addition to any other payments which it

is required to make under subchapter III of chapter 83 or chapter

84 of title 5, United States Code, the Secretary shall remit to the

Office of Personnel Management for deposit in the Treasury of the

United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay

of each employee of the Department who is covered under subchapter III of chapter 83 or chapter 84 of title 5, United States

Code, to whom a voluntary separation incentive is paid under this

title.

(b) FINAL BASIC PAY DEFINED.—For purposes of this section, the

term ‘‘final basic pay’’, with respect to an employee, means the total

amount of basic pay that would be payable for a year of service by
865 EMPLOYMENT REDUCTION ASSISTANCE ACT OF 1999

the employee, computed using the employee’s final rate of basic

pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor.

SEC. 1106. CONTINUED HEALTH INSURANCE COVERAGE.

[Omitted—amended section 8905a(d) of title 5, United States

Code.]

SEC. 1107. [5 U.S.C. 5597 note] PROHIBITION OF REDUCTION OF FULLTIME EQUIVALENT EMPLOYMENT LEVEL.

(a) PROHIBITION.—The total full-time equivalent employment in

the Department may not be reduced by reason of the separation of

an employee (or any combination of employees) receiving a voluntary separation incentive payment under this title.

(b) ENFORCEMENT.—The President, through the Office of Management and Budget, shall monitor the Department and take any

action necessary to ensure that the requirements of this section are

met.

SEC. 1108. [5 U.S.C. 5597 note] REGULATIONS.

The Director of the Office of Personnel Management may prescribe any regulations necessary to administer this title.

SEC. 1109. [5 U.S.C. 5597 note] LIMITATION; SAVINGS CLAUSE.

(a) LIMITATION.—No voluntary separation incentive payment may

be paid under this title based on the separation of an employee

after December 31, 2002.

(b) RELATIONSHIP TO OTHER AUTHORITY.—This title supplements

and does not supersede any other authority of the Secretary to pay

voluntary separation incentive payments to employees of the Department.

SEC. 1110. [5 U.S.C. 5597 note] ELIGIBLE EMPLOYEES.

For purposes of this title:

(1) IN GENERAL.—Except as provided in paragraph (2), the

term ‘‘eligible employee’’ means an employee (as defined by section 2105 of title 5, United States Code) of the Department of

Veterans Affairs, who is serving under an appointment without

time limitation and has been employed by the Department as

of the date of separation under this title for a continuous period of at least three years.

(2) EXCEPTIONS.—Such term does not include the following:

(A) A reemployed annuitant under subchapter III of

chapter 83 or chapter 84 of title 5, United States Code, or

another retirement system for employees of the Government.

(B) An employee having a disability on the basis of

which such employee is eligible for disability retirement

under subchapter III of chapter 83 or chapter 84 of title

5, United States Code, or another retirement system for

employees of the Government.

(C) An employee who is in receipt of a specific notice of

involuntary separation for misconduct or unacceptable

performance.

(D) An employee who previously has received any voluntary separation incentive payment by the Government

under this title or any other authority.
EMPLOYMENT REDUCTION ASSISTANCE ACT OF 1999 866

(E) An employee covered by statutory reemployment

rights who is on transfer to another organization.

(F) An employee who, during the 24-month period preceding the date of separation, has received a recruitment

or relocation bonus under section 5753 of title 5, United

States Code, or a recruitment bonus under section 7458 of

title 38, United States Code.

(G) An employee who, during the 12-month period preceding the date of separation, received a retention allowance under section 5754 of title 5, United States Code, or

a retention bonus under section 458 of title 38, United

States Code.

(H) An employee who, during the 24-month period preceding the date of separation, was relocated at the expense

of the Federal Government.
(867)

SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940

(PUBLIC LAW 861, SEVENTY-SIXTH CONGRESS;

APPROVED OCTOBER 17, 1940)

An Act to promote and strengthen the national defense by suspending enforcement of certain civil liabilities of certain persons

serving in the Military and Naval Establishments, including the

Coast Guard.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That this Act may

be cited as the Soldiers’ and Sailors’ Civil Relief Act of 1940.

ARTICLE I.—GENERAL PROVISIONS

SEC. 100 [50 U.S.C. App. 510]. In order to provide for, strengthen, and expedite the national defense under the emergent conditions which are threatening the peace and security of the United

States and to enable the United States the more successfully to fulfill the requirements of the national defense, provision is hereby

made to suspend enforcement of civil liabilities, in certain cases, of

persons in the military service of the United States in order to enable such persons to devote their entire energy to the defense needs

of the Nation, and to this end the following provisions are made for

the temporary suspension of legal proceedings and transactions

which may prejudice the civil rights of persons in such service during the period herein specified over which this Act remains in force.

SEC. 101 [50 U.S.C. App. 511]. (1) The term ‘‘person in the military service’’, the term ‘‘persons in military service’’, and the term

‘‘persons in the military service of the United States’’ as used in

this Act, shall include the following persons and no others: All

members of the Army of the United States, the United States

Navy, the Marine Corps, the Air Force, the Coast Guard, and all

officers of the Public Health Service detailed by proper authority

for duty either with the Army or the Navy. The term ‘‘military

service’’, as used in this Act, shall signify Federal service on active

duty with any branch of service heretofore referred to or mentioned

as well as training or education under the supervision of the

United States preliminary to induction into the military service.

The terms ‘‘active service’’ or ‘‘active duty’’ shall include the period

during which a person in military service is absent from duty on

account of sickness, wounds, leave, or other lawful cause.

(2) The term ‘‘period of military service’’, as used in this Act,

means, in the case of any person, the period beginning on the date

on which the person enters active service and ending on the date

of the person’s release from active service or death while in active
SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940 868

service, but in no case later than the date when this Act ceases to

be in force.

(3) The term ‘‘person’’, when used in this Act with reference to

the holder of any right alleged to exist against a person in military

service or against a person secondarily liable under such right,

shall include individuals, partnerships, corporations, and any other

forms of business association.

(4) The term ‘‘court’’, as used in this Act, shall include any court

of competent jurisdiction of the United States or of any State,

whether or not a court of record.

SEC. 102 [50 U.S.C. App. 512]. (1) The provisions of this Act shall

apply to the United States, the several States and Territories, the

District of Columbia, and all territory subject to the jurisdiction of

the United States and to proceedings commenced in any court

therein, and shall be enforced through the usual forms of procedure

obtaining in such courts or under such regulations as may be by

them prescribed.

(2) When under this Act any application is required to be made

to a court in which no proceeding has already been commenced

with respect to the matter, such application may be made to any

court.

SEC. 103 [50 U.S.C. App. 513]. (1) Whenever pursuant to any of

the provisions of this Act the enforcement of any obligation or liability, the prosecution of any suit or proceeding, the entry or enforcement of any order, writ, judgment, or decree, or the performance of any other act, may be stayed, postponed, or suspended,

such stay, postponement, or suspension may, in the discretion of

the court, likewise be granted to sureties, guarantors, endorsers,

accommodation makers, and others, whether primarily or secondarily subject to the obligation or liability, the performance or enforcement of which is stayed, postponed, or suspended.

(2) When a judgment or decree is vacated or set aside in whole

or in part, as provided in this Act, the same may, in the discretion

of the court, likewise be set aside and vacated as to any surety,

guarantor, endorser, accommodation maker, or other person whether primarily or secondarily liable upon the contract or liability of

the enforcement of which the judgment or decree was entered.

(3) Whenever, by reason of the military service of a principal

upon a criminal bail bond the sureties upon such bond are prevented from enforcing the attendance of their principal and performing their obligation the court shall not enforce the provisions

of such bond during the military service of the principal thereon

and may in accordance with principles of equity and justice either

during or after such service discharge such sureties and exonerate

the bail.

(4) Nothing contained in this Act shall prevent a waiver in writing of the benefits afforded by subsections (1) and (2) of this section

by any surety, guarantor, endorser, accommodation maker, or other

person whether primarily or secondarily liable upon the obligation

or liability, except that no such waiver shall be valid unless it is

executed as an instrument separate from the obligation or liability

in respect of which it applies, and no such waiver shall be valid

after the beginning of the period of military service if executed by
869 SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940

an individual who subsequent to the execution of such waiver becomes a person in military service, or if executed by a dependent

of such individual, unless executed by such individual or dependent

during the period specified in section 106.

SEC. 104 [50 U.S.C. App. 514]. Persons who serve with the forces

of any nation with which the United States may be allied in the

prosecution of any war in which the United States engages while

this Act remains in force and who immediately prior to such service

where citizens of the United States shall, except in those cases provided for in section 512, be entitled to the relief and benefits afforded by this Act if such service is similar to military service as

defined in this Act, unless they are dishonorably discharged therefrom, or it appears that they do not intend to resume United States

citizenship.

SEC. 105 [50 U.S.C. App. 515]. The Secretary of Defense and the

Secretary of Transportation, with respect to the Coast Guard when

it is not operating as a service in the Navy, shall ensure the giving

of notice of the benefits accorded by this Act to persons in and to

persons entering military service. The Director of Selective Service

shall cooperate with the Secretary of Defense and the Secretary of

Transportation in carrying out the provisions of this section.

SEC. 106 [50 U.S.C. App. 516]. Any person who has been ordered

to report for induction under the Military Selective Service Act (50

U.S.C. App. 451 et seq.) shall be entitled to the relief and benefits

accorded persons in military service under articles I, II, and III of

this Act during the period beginning on the date of receipt of such

order and ending on the date upon which such person reports for

induction; and any member of a reserve component of the Armed

Forces who is ordered to report for military service shall be entitled

to such relief and benefits during the period beginning on the date

of receipt of such order and ending on the date upon which such

member reports for military service or the date on which the order

is revoked, whichever is earlier.

SEC. 107 [50 U.S.C. App. 517]. Nothing contained in this Act

shall prevent— (a) the modification, termination, or cancellation of any contract, lease, or bailment or any obligation secured by mortgage,

trust, deed, lien, or other security in the nature of a mortgage,

or

(b) the repossession, retention, foreclosure, sale, forfeiture, or

taking possession of property which is security for any obligation or which has been purchased or received under a contract,

lease, or bailment,

pursuant to a written agreement of the parties thereto (including

the person in military service concerned, or the person to whom

section 106 is applicable, whether or not such person is a party to

the obligation), or their assignees executed during or after the period of military service of the person concerned or during the period

specified in section 106.

SEC. 108 [50 U.S.C. App. 518]. Application by a person in military service for, or receipt by a person in military service of, a stay,

postponement, or suspension pursuant to the provisions of this Act

in the payment of any tax, fine, penalty, insurance premium, or
SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940 870

other civil obligation or liability of that person shall not itself

(without regard to other considerations) provide the basis for any

of the following:

(1) A determination by any lender or other person that such

person in military service is unable to pay such civil obligation

or liability in accordance with its terms.

(2) With respect to a credit transaction between a creditor

and such person in military service—

(A) a denial or revocation of credit by the creditor;

(B) a change by the creditor in the terms of an existing

credit arrangement; or

(C) a refusal by the creditor to grant credit to such person in substantially the amount or on substantially the

terms requested.

(3) An adverse report relating to the creditworthiness of such

person in military service by or to any person or entity engaged in the practice of assembling or evaluating consumer

credit information.

(4) A refusal by an insurer to insure such person.

ARTICLE II.—GENERAL RELIEF

SEC. 200 [50 U.S.C. App. 520]. (1) In any action or proceeding

commenced in any court, if there shall be a default of any appearance by the defendant, the plaintiff, before entering judgment shall

file in the court an affidavit setting forth facts showing that the

defendant is not in military service. If unable to file such affidavit

plaintiff shall in lieu thereof file an affidavit setting forth either

that the defendant is in the military service or that plaintiff is not

able to determine whether or not defendant is in such service. If

an affidavit is not filed showing that the defendant is not in the

military service, no judgment shall be entered without first securing an order of court directing such entry, and no such order shall

be made if the defendant is in such service until after the court

shall have appointed an attorney to represent defendant and protect his interest, and the court shall on application make such appointment. Unless it appears that the defendant is not in such

service the court may require, as a condition before judgment is entered, that the plaintiff file a bond approved by the court conditioned to indemnify the defendant, if in military service, against

any loss or damage that he may suffer by reason of any judgment

should the judgment be thereafter set aside in whole or in part.

And the court may make such other and further order or enter

such judgment as in its opinion may be necessary to protect the

rights of the defendant under this Act. Whenever, under the laws

applicable with respect to any court, facts may be evidenced, established, or proved by an unsworn statement, declaration, verification, or certificate, in writing, subscribed and certified or declared

to be true under penalty of perjury, the filing of such an unsworn

statement, declaration, verification, or certificate shall satisfy the

requirement of this subdivision that facts be established by

affidavit.

(2) Any person who shall make or use an affidavit required under

this section, or a statement, declaration, verification, or certificate
871 SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940

certified or declared to be true under penalty of perjury permitted

under subdivision (1), knowing it to be false, shall be guilty of a

misdemeanor and shall be punishable by imprisonment not to exceed one year or by fine not to exceed $1,000, or both.

(3) In any action or proceeding in which a person in military

service is a party if such party does not personally appear therein

or is not represented by an authorized attorney, the court may appoint an attorney to represent him; and in such case a like bond

may be required and an order made to protect the rights of such

person. But no attorney appointed under this Act to protect a person in military service shall have power to waive any right of the

person for whom he is appointed or bind him by his acts.

(4) If any judgment shall be rendered in any action or proceeding

governed by this section against any person in military service during the period of such service or within thirty days thereafter, and

it appears that such person was prejudiced by reason of his military service in making his defense thereto, such judgment may,

upon application, made by such person or his legal representative,

not later than ninety days after the termination of such service, be

opened by the court rendering the same and such defendant or his

legal representative let in to defend; provided it is made to appear

that the defendant has a meritorious or legal defense to the action

or some part thereof. Vacating, setting aside, or reversing any judgment because of any of the provisions of this Act shall not impair

any right or title acquired by any bona fide purchaser for value

under such judgment.

SEC. 201 [50 U.S.C. App. 521]. At any stage thereof any action

or proceeding in any court in which a person in military service is

involved, either as plaintiff or defendant, during the period of such

service or within sixty days thereafter may, in the discretion of the

court in which it is pending, on its own motion, and shall, on application to it by such person or some person on his behalf, be stayed

as provided in this Act unless, in the opinion of the court, the ability of plaintiff to prosecute the action or the defendant to conduct

his defense is not materially affected by reason of his military

service.

SEC. 202 [50 U.S.C. App. 522]. When an action for compliance

with the terms of any contract is stayed pursuant to this Act no

fine or penalty shall accrue by reason of failure to comply with the

terms of such contract during the period of such stay, and in any

case where a person fails to perform any obligation and a fine or

penalty for such nonperformance is incurred a court may, on such

terms as may be just, relieve against the enforcement of such fine

or penalty if it shall appear that the person who would suffer by

such fine or penalty was in the military service when the penalty

was incurred and that by reason of such service the ability of such

person to pay or perform was thereby materially impaired.

SEC. 203 [50 U.S.C. App. 523]. In any action or proceeding commenced in any court against a person in military service, before or

during the period of such service, or within sixty days thereafter,

the court may, in its discretion, on its own motion, or on application to it by such person or some person on his behalf shall, unless

in the opinion of the court the ability of the defendant to comply
SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940 872

with the judgment or order entered or sought is not materially affected by reason of his military service— (a) Stay the execution of any judgment or order entered against

such person, as provided in this Act; and

(b) Vacate or stay any attachment or garnishment of property,

money, or debts in the hands of another, whether before or after

judgment as provided in this Act.

SEC. 204 [50 U.S.C. App. 524]. Any stay of any action, proceeding, attachment, or execution, ordered by any court under the

provisions of this Act may, except as otherwise provided, be ordered

for the period of military service and three months thereafter or

any part of such period, and subject to such terms as may be just,

whether as to payment in installments of such amounts and at

such times as the court may fix or otherwise. Where the person in

military service is a codefendant with others the plaintiff may nevertheless by leave of court proceed against the others.

SEC. 205 [50 U.S.C. App. 525]. The period of military service

shall not be included in computing any period now or hereafter to

be limited by any law, regulation, or order for the bringing of any

action or proceeding in any court, board, bureau, commission, department, or other agency of government by or against any person

in military service or by or against his heirs, executors, administrators, or assigns, whether such cause of action or the right or privilege to institute such action or proceeding shall have accrued prior

to or during the period of such service, nor shall any part of such

period which occurs after October 6, 1942, be included in computing any period now or hereafter provided by any law for the redemption of real property sold or forfeited to enforce any obligation,

tax, or assessment.

SEC. 206 [50 U.S.C. App. 526]. No obligation or liability bearing

interest at a rate in excess of 6 percent per year incurred by a person in military service before that person’s entry into that service

shall, during any part of the period of military service, bear interest at a rate in excess of 6 percent per year unless, in the opinion

of the court, upon application thereto by the obligee, the ability of

such person in military service to pay interest upon such obligation

or liability at a rate in excess of 6 percent per year is not materially affected by reason of such service, in which case the court may

make such order as in its opinion may be just. As used in this section the term ‘‘interest’’ includes service charges, renewal charges,

fees, or any other charges (except bona fide insurance) in respect

of such obligation or liability.

SEC. 207 [50 U.S.C. App. 527]. Section 205 of this Act shall not

apply with respect to any period of limitation prescribed by or

under the internal revenue laws of the United States.

ARTICLE III.—RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,

ASSIGNMENTS, LEASES

SEC. 300 [50 U.S.C. App. 530]. (a) No eviction or distress shall

be made during the period of military service in respect of any

premises for which the agreed rent does not exceed $1,200 per

month, occupied chiefly for dwelling purposes by the wife, children,

or other dependents of a person in military service, except upon
873 SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940

leave of court granted upon application therefor or granted in an

action or proceeding affecting the right of possession.

(b) On any such application or in any such action the court may,

in its discretion, on its own motion, and shall, on application, unless in the opinion of the court the ability of the tenant to pay the

agreed rent is not materially affected by reason of such military

service, stay the proceedings for not longer than three months, as

provided in this Act, or it may make such other order as may be

just. Where such stay is granted or other order is made by the

court, the owner of the premises shall be entitled, upon application

therefor, to relief in respect of such premises similar to that granted persons in military service in sections 301, 302, and 500 of this

Act to such extent and for such period as may appear to the court

to be just.

(c) Any person who shall knowingly take part in any eviction or

distress otherwise than as provided in subsection (a), or attempts

so to do, shall be fined as provided in title 18, United States Code,

or imprisoned for not to exceed one year, or both.

(d) The Secretary of Defense or Secretary of Transportation, with

respect to the Coast Guard when it is not operating as a service

in the Navy, is hereby empowered, subject to such regulations as

he may prescribe, to order an allotment of the pay of a person in

military service in reasonable proportion to discharge the rent of

premises occupied for dwelling purposes by the wife, children, or

other dependents of such person.

SEC. 301 [50 U.S.C. App. 531]. (1) No person who has received,

or whose assignor has received, under a contract for the purchase

of real or personal property, or of lease or bailment with a view to

purchase of such property, a deposit or installment of the purchase

price, or a deposit or installment under the contract, lease, or bailment, from a person or from the assignor of a person who, after the

date of payment of such deposit or installment, has entered military service, shall exercise any right or option under such contract

to rescind or terminate the contract or resume possession of the

property for nonpayment of any installment thereunder due or for

any other breach of the terms thereof occurring prior to or during

the period of such military service, except by action in a court of

competent jurisdiction.

(2) Any person who shall knowingly resume possession of property which is the subject of this section otherwise than as provided

in subsection (1) of this section or in section 107, or attempts so

to do, shall be fined as provided in title 18, United States Code, or

imprisoned for not to exceed one year, or both.

(3) Upon the hearing of such action the court may order the repayment of prior installments or deposits or any part thereof, as

a condition of terminating the contract and resuming possession of

the property, or may, in its discretion, on its own motion, and shall,

on application to it by such person in military service or some person on his behalf, order a stay of proceedings as provided in this

Act unless, in the opinion of the court, the ability of the defendant

to comply with the terms of the contract is not materially affected

by reason of such service; or it may make such other disposition of

the case as may be equitable to conserve the interests of all parties.
SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940 874

SEC. 302 [50 U.S.C. App. 532]. (1) The provisions of this section

shall apply only to obligations secured by mortgage, trust deed, or

other security in the nature of a mortgage upon real or personal

property owned by a person in military service at the commencement of the period of the military service and still so owned by him

which obligations originated prior to such person’s period of military service.

(2) In any proceedings commenced in any court during the period

of military service to enforce such obligation arising out of nonpayment of any sum thereunder due or out of any other breach of

the terms thereof occurring prior to or during the period of such

service the court may, after hearing, in its discretion, on its own

motion, and shall, on application to it by such person in military

service or some person on his behalf, unless in the opinion of the

court the ability of the defendant to comply with the terms of the

obligation is not materially affected by reason of his military

service—

(a) stay the proceedings as provided in this Act; or

(b) make such other disposition of the case as may be equitable to conserve the interests of all parties.

(3) No sale, foreclosure, or seizure of property for nonpayment of

any sum due under any such obligation, or for any other breach of

the terms thereof, whether under a power of sale, under a judgment entered upon warrant of attorney to confess judgment contained therein, or otherwise, shall be valid if made during the period of military service or within three months thereafter, except

pursuant to an agreement as provided in section 107, unless upon

an order previously granted by the court and a return thereto made

and approved by the court.

(4) Any person who shall knowingly make or cause to be made

any sale, foreclosure, or seizure of property, defined as invalid by

subsection (3) hereof, or attempts so to do, shall be fined as provided in title 18, United States Code, or imprisoned for not to exceed one year, or both.

SEC. 303 [50 U.S.C. App. 533]. Where a proceeding to foreclose

a mortgage upon or to resume possession of personal property, or

to rescind or terminate a contract for the purchase thereof, has

been stayed as provided in this Act, the court may, unless in its

opinion an undue hardship would result to the dependents of the

person in military service, appoint three disinterested parties to

appraise the property and, based upon the report of the appraisers,

order such sum, if any, as may be just, paid to the person in military service or his dependent, as the case may be, as a condition

of foreclosing the mortgage, resuming possession of the property, or

rescinding or terminating the contract.

SEC. 304 [50 U.S.C. App. 534]. (1) The provisions of this section

shall apply to any lease covering premises occupied for dwelling,

professional, business, agricultural, or similar purposes in any case

in which (a) such lease was executed by or on the behalf of a person who, after the execution of such lease, entered military service,

and (b) the premises so leased have been occupied for such purposes, or for a combination of such purposes, by such person or by

him and his dependents.
875 SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940

(2) Any such lease may be terminated by notice in writing delivered to the lessor (or his grantee) or to the lessor’s (or his grantee’s)

agent by the lessee at any time following the date of the beginning

of his period of military service. Delivery of such notice may be accomplished by placing it in an envelope properly stamped and duly

addressed to the lessor (or his grantee) or to the lessor’s (or his

grantee’s) agent and depositing the notice in the United States

mails. Termination of any such lease providing for monthly payment of rent shall not be effective until thirty days after the first

date on which the next rental payment is due and payable subsequent to the date when such notice is delivered or mailed. In the

case of all other leases, termination shall be effected on the last

day of the month following the month in which such notice is delivered or mailed and in such case any unpaid rental for a period preceding termination shall be proratably computed and any rental

paid in advance for a period succeeding termination shall be refunded by the lessor (or his assignee). Upon application by the lessor to the appropriate court prior to the termination period provided for in the notice, any relief granted in this subsection shall

be subject to such modifications or restrictions as in the opinion of

the court justice and equity may in the circumstances require.

(3) Any person who shall knowingly seize, hold, or detain the

personal effects, clothing, furniture, or other property, of any person who has lawfully terminated a lease covered by this section, or

in any manner interfere with the removal of such property from

the premises covered by such lease, for the purpose of subjecting

or attempting to subject any of such property to a claim for rent

accruing subsequent to the date of termination of such lease, or attempts so to do, shall be fined as provided in title 18, United States

Code, or imprisoned for not to exceed one year, or both.

SEC. 305 [50 U.S.C. App. 535]. (1) Where any life insurance policy on the life of a person in military service has been assigned

prior to such person’s period of military service to secure the payment of any obligation of such person, no assignee of such policy

(except the insurer in connection with a policy loan) shall, during

the period of military service of the insured or within one year

thereafter, except upon the consent in writing of the insured made

during such period or when the premiums thereon are due and unpaid or upon the death of the insured, exercise any right or option

by virtue of such assignment unless upon leave of court granted

upon an application made therefor by such assignee. The court may

thereupon refuse to grant such leave unless in the opinion of the

court the ability of the obligor to comply with the terms of the obligation is not materially affected by reason of his military service.

For the purpose of this subsection premiums which are guaranteed

under the provisions of article IV of this Act shall not be deemed

to be due and unpaid.

(2) No person shall exercise any right to foreclose or enforce any

lien for storage of household goods, furniture, or personal effects of

a person in military service during such person’s period of military

service and for three months thereafter except upon an order previously granted by a court upon application therefor and a return

thereto made and approved by the court. In such proceeding the

court may, after hearing, in its discretion, on its own motion, and
SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940 876

shall, on application to it by such person in military service or

some person on his behalf, unless in the opinion of the court the

ability of the defendant to pay the storage charge due is not materially affected by reason of his military service—

(a) stay the proceedings as provided in this Act; or

(b) make such other disposition of the case as may be equitable to conserve the interest of all parties.

The enactment of the provisions of this subsection shall not be construed in any way as affecting or as limiting the scope of section

302 of this Act.

(3) Any person who shall knowingly take any action contrary to

the provisions of this section, or attempts so to do, shall be fined

as provided in title 18, United States Code, or imprisoned for not

to exceed one year, or both.

SEC. 306 [50 U.S.C. App. 536]. Dependents of a person in military service shall be entitled to the benefits accorded to persons in

military service under the provisions of this article upon application to a court therefor, unless in the opinion of the court the ability of such dependents to comply with the terms of the obligation,

contract, lease, or bailment has not been materially impaired by

reason of the military service of the person upon whom the applicants are dependent.

ARTICLE IV.—INSURANCE

SEC. 400 [50 U.S.C. App. 540]. As used in this article— (a) The term ‘‘policy’’ shall include any contract of life insurance

or policy on a life, endowment, or term plan, including any benefit

in the nature of life insurance arising out of membership in any

fraternal or beneficial association, which does not provide for the

payment of any sum less than the face value thereof or for the payment of an additional amount as premiums if the insured engages

in the military service of the United States as defined in section

101 of article I of this Act or which does not contain any limitation

or restriction upon coverage relating to engagement in or pursuit

of certain types of activities which a person might be required to

engage in by virtue of his being in such military service, and (1)

which is in force on a premium-paying basis at the time of application for benefits hereunder, and (2) which was made and a premium paid thereon not less than 180 days before the date the insured entered into the military service. The provisions of this Act

shall not be applicable to policies or contracts of life insurance

issued under the War Risk Insurance Act, as amended, the World

War Veterans Act, as amended, or the National Service Life Insurance Act of 1940, as amended.

(b) The term ‘‘premium’’ shall include the amount specified in the

policy as the stipend to be paid by the insured at regular intervals

during the period therein stated.

(c) The term ‘‘insured’’ shall include any person in the military

service of the United States as defined in section 101, article I, of

this Act, whose life is insured under and who is the owner and

holder of and has an interest in a policy as above defined.

(d) The term ‘‘insurer’’ shall include any firm, corporation, partnership, or association chartered or authorized to engage in the in-
877 SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940

surance business and to issue a policy as above defined by the laws

of a State of the United States or the United States.

SEC. 401 [50 U.S.C. App. 541]. The benefits and privileges of this

article shall apply to any insured, when such insured, or a person

designated by him, or, in case the insured is outside the continental United States (excluding Alaska and the Panama Canal

Zone), a beneficiary, shall make written application for protection

under this article, unless the Secretary of Veterans Affairs in passing upon such application as provided in this article shall find that

the policy is not entitled to protection hereunder. The Secretary

shall give notice to the military and naval authorities of the provisions of this article, and shall include in such notice an explanation

of such provisions for the information of those desiring to make application for the benefits thereof. The original of such application

shall be sent by the insured to the insurer, and a copy thereof to

the Secretary. The total amount of insurance on the life of one insured under policies protected by the provisions of this article shall

not exceed $10,000. If an insured makes application for protection

of policies on his life totaling insurance in excess of $10,000, the

Secretary is authorized to have the amount of insurance divided

into two or more policies so that the protection of this article may

be extended to include policies for a total amount of insurance not

to exceed $10,000, and a policy which affords the best security to

the Government shall be given preference.

SEC. 402 [50 U.S.C. App. 542]. Any writing signed by the insured

and identifying the policy and the insurer, and agreeing that his

rights under the policy are subject to and modified by the provisions of this article, shall be sufficient as an application for the

benefits of this article, but the Secretary of Veterans Affairs may

require the insured and insurer to execute such other forms as may

be deemed advisable. Upon receipt of the application of the insured

the insurer shall furnish such report to the Secretary concerning

the policy as shall be prescribed by regulations. The insured who

has made application for protection under this article and the insurer shall be deemed to have agreed to such modification of the

policy as may be required to give this article full force and effect

with respect to such policy.

SEC. 403 [50 U.S.C. App. 543]. The Secretary of Veterans Affairs

shall find whether the policy is entitled to protection under this article and shall notify the insured and the insurer of such finding.

Any policy found by the Secretary to be entitled to protection under

this article shall not, subsequent to date of application, and during

the period of military service of the insured or during two years

after the expiration of such service, lapse or otherwise terminate or

be forfeited for the nonpayment of a premium becoming due and

payable, or the nonpayment of any indebtedness or interest.

SEC. 404 [50 U.S.C. App. 544]. No dividend or other monetary

benefit under a policy shall be paid to an insured or used to purchase dividend additions while a policy is protected by the provisions of this article except with the consent and approval of the

Secretary of Veterans Affairs. If such consent is not procured, such

dividends or benefits shall be added to the value of the policy to

be used as a credit when final settlement is made with the insurer.
SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940 878

No cash value, loan value, or withdrawal of dividend accumulation,

or unearned premium, or other value of similar character shall be

available to the insured while the policy is protected under this article except upon approval by the Secretary of Veterans Affairs.

The insured’s right to change a beneficiary designation or select an

optional settlement for a beneficiary shall not be affected by the

provisions of this article.

SEC. 405 [50 U.S.C. App. 545]. In the event of maturity of a policy as a death claim or otherwise before the expiration of the period

of protection under the provisions of this article, the insurer in

making settlement will deduct from the amount of insurance the

premiums guaranteed under this article, together with interest

thereon at the rate fixed in the policy for policy loans. If no rate

of interest is specifically fixed in the policy, the rate shall be the

rate fixed for policy loans in other policies issued by the insurer at

the time the policy brought under the Act was issued. The amount

deducted by reason of the protection afforded by this article shall

be reported by the insurer to the Secretary of Veterans Affairs.

SEC. 406 [50 U.S.C. App. 546]. Payment of premiums and interest thereon at the rate specified in section 405 hereof becoming due

on a policy while protected under the provisions of this article is

guaranteed by the United States, and if the amount so guaranteed

is not paid to the insurer prior to the expiration of the period of

insurance protection under this article, the amount then due shall

be treated by the insurer as a policy loan on such policy, but if at

the expiration of said period the cash surrender value is less than

the amount then due, the policy shall then cease and terminate

and the United States shall pay the insurer the difference between

such amount and the cash surrender value. The amount paid by

the United States to an insurer on account of applications approved

under the provisions of this article as amended, shall become a

debt due to the United States by the insured on whose account

payment was made and, notwithstanding any other Act, such

amount may be collected either by deduction from any amount due

said insured by the United States or as otherwise authorized by

law. Any moneys received as repayment of debts incurred under

this article, as originally enacted and as amended, shall be credited

to the appropriation for the payment of claims under this article.

SEC. 407 [50 U.S.C. App. 547]. The Secretary of Veterans Affairs

shall provide by regulations for such rules of procedures and forms

as he may deem advisable in carrying out the provisions of this article. The findings of fact and conclusions of law made by the Secretary in administering the provisions of this article shall be final,

and shall not be subject to review by any other official or agency

of the Government.

ARTICLE V.—TAXES AND PUBLIC LANDS

SEC. 500 [50 U.S.C. App. 560]. (1) The provisions of this section

shall apply when any taxes or assessments, whether general or

special (other than taxes on income), whether falling due prior to

or during the period of military service, in respect of personal property, money, or credits, or real property owned and occupied for

dwelling, professional, business, or agricultural purposes by a per-
879 SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940

son in military service or his dependents at the commencement of

his period of military service and still so occupied by his dependents or employees are not paid.

(2) No sale of such property shall be made to enforce the collection of such tax or assessment, or any proceeding or action for such

purpose commenced, except upon leave of court granted upon application made therefor by the collector of taxes or other officer whose

duty it is to enforce the collection of taxes or assessments. The

court thereupon, unless in its opinion the ability of the person in

military service to pay such taxes or assessments is not materially

affected by reason of such service, may stay such proceedings or

such sale, as provided in this Act, for a period extending not more

than six months after the termination of the period of military

service of such person.

(3) When by law such property may be sold or forfeited to enforce

the collection of such tax or assessment, such person in military

service shall have the right to redeem or commence an action to redeem such property, at any time not later than six months after

the termination of such service, but in no case later than six

months after the date when this Act ceases to be in force; but this

shall not be taken to shorten any period, now or hereafter provided

by the laws of any State or Territory for such redemption.

(4) Whenever any tax or assessment shall not be paid when due,

such tax or assessment due and unpaid shall bear interest until

paid at the rate of 6 per centum per annum, and no other penalty

or interest shall be incurred by reason of such nonpayment. Any

lien for such unpaid taxes or assessment shall also include such interest thereon.

SEC. 501 [50 U.S.C. App. 561]. (1) No right to any lands owned

or controlled by the United States initiated or acquired under any

laws of the United States, including the mining and mineral leasing laws, by any person prior to entering military service shall during the period of such service be forfeited or prejudiced by reason

of his absence from the land or his failure to perform any work or

make any improvements thereon or his failure to do any other act

required by or under such laws.

(2) If a permittee or licensee under the Act of June 28, 1934 (48

Stat. 1269), enters military service he may elect to suspend his permit or license for the period of his military service and six months

thereafter, and the Secretary of the Interior by regulations shall

provide for such suspension of permits and licenses and for the remission, reduction, or refund or grazing fees during such

suspension.

(3) This section shall not be construed to control specific requirements contained in this article.

SEC. 502 [50 U.S.C. App. 562]. If any person whose application

for a homestead entry has been allowed or who has made application for homestead entry which may thereafter be allowed, after

such entry or application enters military service, or if any person

who has a valid settlement claim enters military service, the Department of the Interior shall construe his military service to be

equivalent to residence and cultivation upon the tract entered or

settled upon for the period of such service. From the effective date
SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940 880

of this Act no contest shall be initiated on the ground of abandonment and no allegation of abandonment shall be sustained against

any such person, unless it shall be alleged in the preliminary affidavit or affidavits of contest and proved at the hearing in cases initiated subsequent to the effective date of this Act that the alleged

absence from the land was not due to such military service. If such

person is discharged on account of wounds received or disability incurred in the line of duty, the term of his enlistment and any period of hospitalization due to such wounds or disability shall be deducted from the required length of residence, without reference to

the time of actual service. No patent shall issue to any such person

who has not resided upon, improved, and cultivated his homestead

for a period of at least one year.

SEC. 503 [50 U.S.C. App. 563]. (1) If any person whose application for a homestead entry has been allowed or who has made application for homestead entry which may thereafter be allowed or

who has a valid settlement claim dies while in military service or

as a result of such service, his widow, if unmarried, or in the case

of her death or marriage, his minor children, or his or their legal

representatives, may proceed forthwith to make final proof upon

such entry or upon an application which is allowed after the applicant’s death, or upon a homestead application thereafter allowed

based on a valid settlement claim, and shall be entitled to receive

a patent for such land. The death of such person while in military

service or as a result of such service shall be construed to be equivalent to a performance of all requirements as to residue and cultivation upon such homestead or claim, notwithstanding the provisions of section 502 of this Act.

(2) If such person is honorably discharged and because of physical incapacities due to such service is unable to return to the land,

he may make final proof without further residence, improvement,

or cultivation, at such time and place as the Secretary of the Interior may authorize, and receive a patent to the land entered.

(3) The Act of July 28, 1917 (40 Stat. 248), is repealed.

SEC. 504 [50 U.S.C. App. 564]. (1) No desert-land entry made or

held under the desert-land laws prior to the entrance of the

entryman or his successor in interest into military service shall be

subject to contest or cancellation for failure to make or expend the

sum of $1 per acre per year in improvements upon the claim or to

effect the reclamation of the claim during the period the entryman

or his successor in interest is engaged in military service or during

a period of six months thereafter or during any period of hospitalization because of wounds or disability incurred in the line of

duty. The time within which such entryman or claimant is required

to make such expenditures and effect reclamation of the land shall

be exclusive of his period of service and the six-months’ period and

any such period of hospitalization.

(2) If such entryman or claimant is honorably discharged and because of physical incapacities due to such service is unable to accomplish reclamation of, and payment for, the land, he may make

proof without further reclamation or payments under such rules as

the Secretary of the Interior may prescribe and receive patent for

the land entered or claimed.
881 SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940

(3) In order to obtain the benefits of this section, such entryman

or claimant shall, within six months after his entrance into military service, file or cause to be filed in the land office of the district

in which his claim is situated a notice that he has entered military

service and that he desires to hold the desert claim under this

section.

SEC. 505 [50 U.S.C. App. 565]. (1) The provisions of section 2324

of the Revised Statutes of the United States (30 U.S.C. 28), which

require that on each mining claim located after May 10, 1872, and

until patent has been issued therefor not less than $100 worth of

labor shall be performed or improvements made during each year,

shall not apply during the period of his service, or until six months

after the termination of such service, or during any period of hospitalization because of wounds or disability incurred in line of duty,

to claims or interests in claims which are owned by a person in

military service and which have been regularly located and recorded. No mining claim or any interest in a claim which is owned

by such a person and which has been regularly located and recorded shall be subject to forfeiture by nonperformance of the annual assessments during the period of such military service, or

until six months after the termination of such service or of such

hospitalization.

(2) In order to obtain the benefits of this section, the claimant

of any mining location shall, before the expiration of the assessment year during which he enters military service, file or cause to

be filed in the office where the location notice or certificate is recorded a notice that he has entered such service and that he desires to hold his mining claim under this section.

SEC. 506 [50 U.S.C. App. 566]. (1) Any person holding a permit

or lease on the public domain under the Federal mineral leasing

laws who enters military service may, at his election, suspend all

operations under his permit or lease for a period of time equivalent

to the period of his military service and six months thereafter. The

term of the permit or lease shall not run during such period of suspension nor shall any rentals or royalties be charged against the

permit or lease during the period of suspension.

(2) In order to obtain the benefit of this section, such permittee

or lessee shall, within six months after his entrance into military

service, notify the Bureau of Land Management by registered mail

of his entrance into such service and of his desire to avail himself

of the benefits of this section.

(3) This section shall not be construed to supersede the terms of

any contract for operation of a permit or lease.

SEC. 507 [50 U.S.C. App. 567]. Nothing in this article shall be

construed to limit or affect the right of a person in military service

to take any action during his period of service which may be authorized by law or the regulations of the Department of the Interior

for the perfection, defense, or further assertion of rights initiated

or acquired prior to the date of entering military service. It shall

be lawful for any person while in such service to make any affidavit or submit any proof which may be required by law or the

practice or regulations of the Bureau of Land Management in connection with the entry, perfection, defense, or further assertion of
SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940 882

any rights initiated or acquired prior to entering such service, before the officer in immediate command and holding a commission

in the branch of the service in which the person is engaged. Such

affidavits shall be as binding in law and with like penalties as if

taken before an officer designated by the Secretary of the Interior.

The Secretary of the Interior may issue rules and regulations to effectuate the purposes of sections 501 to 512.

SEC. 508 [50 U.S.C. App. 568]. The Secretary of the Interior is

hereby authorized in his discretion, to suspend as to persons in

military service during the period while this Act remains in force

and for a period of six months thereafter or during any period of

hospitalization because of wounds or disability incurred in line of

duty that provision of the act known as the ‘‘Reclamation Act’’ requiring residence upon lands in private ownership or within the

neighborhood for securing water for the irrigation of the same, and

he is authorized to permit the use of available water thereon upon

such terms and conditions as he may deem proper.

SEC. 509 [50 U.S.C. App. 569]. The Secretary of the Interior shall

issue through appropriate military and naval channels a notice for

distribution by appropriate military and naval authorities to persons in the military service explaining the provisions of this article

except as to sections 500, 513, and 514 hereof and shall furnish

forms to be distributed in like manner to those desiring to make

application for its benefits, except as to said sections.

SEC. 510 [50 U.S.C. App. 570]. (1) During the pendency of any

war in which the United States may be engaged while this Act remains in force any homestead entryman shall be entitled to a leave

of absence from his entry for the purpose of performing farm labor.

The time actually spent in farm labor shall be counted as constructive residence, if within fifteen days after leaving his entry to engage in such labor the entryman files a notice of absence in the

land office of the district in which his entry is situated, and if at

the expiration of the calendar year the entryman files in that office

a written statement under oath and corroborated by two witnesses

giving the date or dates when he left his entry, the date or dates

of his return, and the place where and person for whom he was engaged in farm labor during such period or periods of absence.

(2) Nothing in this section shall excuse any homestead entryman

from making improvements or performing the cultivation upon his

entry required by law. The provisions of this section shall apply

only to persons whose applications have been allowed or filed before October 17, 1940.

SEC. 511 [50 U.S.C. App. 571]. Any person under the age of twenty-one who serves in the military service while this Act remains in

force shall be entitled to the same rights under the laws relating

to lands owned or controlled by the United States, including the

mining and mineral leasing laws, as those over twenty-one now

possess under such laws. Any requirements as to establishment of

residence within a limited time shall be suspended as to entry by

such person until six months after his discharge from military service. Applications for entry may be verified before any officer in the

United States or any foreign country authorized to administer
883 SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940

oaths by the laws of the State or Territory in which the land may

be situated.

SEC. 512 [50 U.S.C. App. 572]. Citizens of the United States who

serve with the forces of any nation with which the United States

may be allied in the prosecution of any war in which the United

States engages while this Act remains in force shall be entitled to

the relief and benefits afforded by sections 501 to 511, inclusive, if

such service is similar to military service as defined in this Act,

and if they are honorably discharged and resume United States

citizenship or die in the service of the allied forces or as a result

of such service.

SEC. 513 [50 U.S.C. App. 573]. The collection from any person in

the military service of any tax on the income of such person,

whether falling due prior to or during his period of military service,

shall be deferred for a period extending not more than six months

after the termination of his period of military service if such person’s ability to pay such tax is materially impaired by reason of

such service. No interest on any amount of tax, collection of which

is deferred for any period under this section, and no penalty for

nonpayment of such amount during such period, shall accrue for

such period of deferment by reason of such nonpayment. The running of any statute of limitations against the collection of such tax

by distraint or otherwise shall be suspended for the period of military service of any individual the collection of whose tax is deferred

under this section, and for an additional period of nine months beginning with the day following the period of military service. The

provisions of this section shall not apply to the income tax on employees imposed by section 1400 of the Federal Insurance Contributions Act.

SEC. 514 [50 U.S.C. App. 574]. (1) For the purposes of taxation

in respect of any person, or of his personal property, income, or

gross income, by any State, Territory, possession, or political subdivision of any of the foregoing, or by the District of Columbia, such

person shall not be deemed to have lost a residence or domicile in

any State, Territory, possession, or political subdivision of any of

the foregoing, or in the District of Columbia, solely by reason of

being absent therefrom in compliance with military or naval orders, or to have acquired a residence or domicile in, or to have become resident in or a resident of, any other State, Territory, possession, or political subdivision of any of the foregoing, or the District

of Columbia, while, and solely by reason of being, so absent. For

the purposes of taxation in respect of the personal property, income, or gross income of any such person by any State, Territory,

possession, or political subdivision of any of the foregoing, or the

District of Columbia, of which such person is not a resident or in

which he is not domiciled, compensation for military or naval service shall not be deemed income for services performed within, or

from sources within, such State, Territory, possession, political subdivision, or District, and personal property shall not be deemed to

be located or present in or to have a situs for taxation in such

State, Territory, possession, or political subdivision, or District.

Where the owner of personal property is absent from his residence

or domicile solely by reason of compliance with military or naval
SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940 884

orders, this section applies with respect to personal property, or the

use thereof, within any tax jurisdiction other than such place of

residence or domicile, regardless of where the owner may be serving in compliance with such orders. Nothing contained in this section shall prevent taxation by any State, Territory, possession, or

political subdivision of any of the foregoing, or the District of Columbia in respect of personal property used in or arising from a

trade or business, if it otherwise has jurisdiction. This section shall

be effective as of September 8, 1939, except that it shall not require

the crediting or refunding of any tax paid prior to October 6, 1942.

(2) When used in this section, (a) the term ‘‘personal property’’

shall include tangible and intangible property (including motor vehicles), and (b) the term ‘‘taxation’’ shall include but not be limited

to licenses, fees, or excises imposed in respect to motor vehicles or

the use thereof, but only if a license, fee, or excise required by the

State or territory, possession, or District of Columbia of which the

person is a resident or in which the person is domiciled has been

paid.

ARTICLE VI.—ADMINISTRATIVE REMEDIES

SEC. 600 [50 U.S.C. App. 580]. Where in any proceeding to enforce a civil right in any court it is made to appear to the satisfaction of the court that any interest, property, or contract has since

October 17, 1940, been transferred or acquired with intent to delay

the just enforcement of such right by taking advantage of this Act,

the court shall enter such judgment or make such order as might

lawfully be entered or made, the provisions of this Act to the contrary notwithstanding.

SEC. 601 [50 U.S.C. App. 581]. (1) In any proceeding under this

Act a certificate signed by The Adjutant General of the Army as

to persons in the Army or in any branch of the United States service while serving pursuant to law with the Army of the United

States, signed by the Chief of Naval Personnel as to persons in the

United States Navy or in any branch of the United States service

while serving pursuant to law with the United States Navy, and

signed by the Commandant, United States Marine Corps, as to persons in the Marine Corps, or in any other branch of the United

States service while serving pursuant to law with the Marine

Corps, or signed by an officer designated by any of them, respectively, for the purpose, shall when produced by prima facie evidence as to any of the following facts stated in such certificate:

That a person named has not been, or is, or has been in military

service; the time when and the place where such person entered

military service, his residence at that time, and the rank, branch,

and unit of such service that he entered, the dates within which

he was in military service, the monthly pay received by such person at the date of issuing the certificate, the time when and the

place where such person died in or was discharged from such

service.

(2) It shall be the duty of the foregoing officers to furnish such

certificate on application, and any such certificate when purporting

to be signed by any one of such officers or by any person purporting

upon the face of the certificates to have been so authorized shall
885 SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940

1Section 14 of the Military Selective Service Act (50 U.S.C. App. 464) provides that, notwithstanding section 664, this Act shall remain in force until terminated by an Act of Congress.

be prima facie evidence of its contents and of the authority of the

signer to issue the same.

(3) Where a person in military service has been reported missing

he shall be presumed to continue in the service until accounted for,

and no period herein limited which begins or ends with the death

of such person shall begin or end until the death of such person

is in fact reported to or found by the Department of Defense, or any

court, or board thereof, or until such death is found by a court of

competent jurisdiction. No period herein limited which begins or

ends with the death of such person shall be extended hereby beyond a period of six months after the time when this Act ceases to

be in force.

SEC. 602 [50 U.S.C. App. 582]. Any interlocutory order made by

any court under the provisions of this Act may, upon the court’s

own motion or otherwise, be revoked, modified, or extended by it

upon such notice to the parties affected as it may require.

SEC. 603 [50 U.S.C. App. 583]. If any provision of this Act, or the

application thereof to any person or circumstances, is held invalid,

the remainder of the Act, and the application of such provision to

other persons or circumstances, shall not be affected thereby.

SEC. 604 [50 U.S.C. App. 584]. This Act shall remain in force

until May 15, 1945, except that should the United States be then

engaged in a war, this Act shall remain in force until such war is

terminated by a treaty of peace proclaimed by the President and

for six months thereafter. Whenever under any section or provision

of this Act a proceeding, remedy, privilege, stay, limitation, accounting, or other transaction has been authorized or provided with

respect to military service performed prior to the date herein fixed

for the termination of this Act, such section or provision shall be

deemed to continue in full force and effect so long as may be necessary to the exercise or enjoyment of such proceeding, remedy,

privilege, stay, limitation, accounting, or other transaction.1

SEC. 605 [50 U.S.C. App. 585]. The provisions of section 4 of the

joint resolution approved August 27, 1940 (Public Resolution Numbered 96, Seventy-sixth Congress), and the provisions of section 13

of the Selective Training and Service Act of 1940, shall not be applicable with respect to any military service performed after the

date of enactment of this Act.

ARTICLE VII.—FURTHER RELIEF

SEC. 700 [50 U.S.C. App. 590]. (1) A person may, at any time

during his period of military service or within six months thereafter, apply to a court for relief in respect of any obligation or liability incurred by such person prior to his period of military service or in respect of any tax or assessment whether falling due prior

to or during his period of military service. The court, after appropriate notice and hearing, unless in its opinion the ability of the

applicant to comply with the terms of such obligation or liability

or to pay such tax or assessment has not been materially affected

by reason of his military service, may grant the following relief:
SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940 886

(a) In the case of an obligation payable under its terms in installments under a contract for the purchase of real estate, or secured

by a mortgage or other instrument in the nature of a mortgage

upon real estate, a stay of the enforcement of such obligation during the applicant’s period of military service and, from the date of

termination of such period of military service or from the date of

application if made after such service, for a period equal to the period of the remaining life of the installment contract or other instrument plus a period of time equal to the period of military service of the applicant, or any part of such combined period, subject

to payment of the balance of principal and accumulated interest

due and unpaid at the date of termination of the period of military

service or from the date of application, as the case may be, in equal

installments during such combined period at such rate of interest

on the unpaid balance as is prescribed in such contract, or other

instrument evidencing the obligation, for installments paid when

due, and subject to such other terms as may be just.

(b) In the case of any other obligation, liability, tax, or assessment, a stay of the enforcement thereof during the applicant’s period of military service and, from the date of termination of such

period of military service or from the date of application if made

after such service, for a period of time equal to the period of military service of the applicant or any part of such period, subject to

payment of the balance of principal and accumulated interest due

and unpaid at the date of termination of such period of military

service or the date of application, as the case may be, in equal periodic installments during such extended period at such rate of interest as may be prescribed for such obligation, liability, tax, or assessment, if paid when due, and subject to such other terms as may

be just.

(2) When any court has granted a stay as provided in this section

no fine or penalty shall accrue during the period the terms and

conditions of such stay are complied with by reason of failure to

comply with the terms or conditions of the obligations, liability,

tax, or assessment in respect of which such stay was granted.

SEC. 701 [50 U.S.C. App. 591]. (a) Notwithstanding any other

provision of law, a power of attorney which—

(1) was duly executed by a person in the military service who

is in a missing status (as defined in section 551(2) of title 37,

United States Code);

(2) designates that person’s spouse, parent, or other named

relative as his attorney in fact for certain specified, or all, purposes; and

(3) expires by its terms after that person entered a missing

status, and before or after the effective date of this section;

shall be automatically extended for the period that the person is

in a missing status.

(b) No power of attorney executed after the effective date of this

section by a person in the military service may be extended under

subsection (a) if the document by its terms clearly indicates that

the power granted expires on the date specified even though that

person, after the date of execution of the document, enters a missing status.
887 SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940

(c) This section applies to the following powers of attorney executed by a person in military service or under a call or order to report for military service (or who has been advised by an official of

the Department of Defense that such person may receive such a

call or order):

(1) A power of attorney that is executed during the Vietnam

era (as defined in section 101(29) of title 38, United States

Code).

(2) A power of attorney that expires by its terms after July

31, 1990.

SEC. 702 [50 U.S.C. App. 592]. (a) This section applies to a person who—

(1) after July 31, 1990, is ordered to active duty (other than

for training) pursuant to section 672 (a) or (g), 673, 673b, 674,

675, or 688 of title 10, United States Code, or who is ordered

to active duty under section 672(d) of such title during a period

when members are on active duty pursuant to any of the preceding sections; and

(2) immediately before receiving the order to active duty— (A) was engaged in the furnishing of health-care services

or other services determined by the Secretary of Defense

to be professional services; and

(B) had in effect a professional liability insurance policy

that does not continue to cover claims filed with respect to

such person during the period of the person’s active duty

unless the premiums are paid for such coverage for such

period.

(b)(1) Coverage of a person referred to in subsection (a) by a professional liability insurance policy shall be suspended in accordance

with this subsection upon receipt of the written request of such

person by the insurance carrier.

(2) A professional liability insurance carrier— (A) may not require that premiums be paid by or on behalf

of a person for any professional liability insurance coverage

suspended pursuant to paragraph (1); and

(B) shall refund any amount paid for coverage for the period

of such suspension or, upon the election of such person, apply

such amount for the payment of any premium becoming due

upon the reinstatement of such coverage.

(3) A professional liability insurance carrier shall not be liable

with respect to any claim that is based on professional conduct (including any failure to take any action in a professional capacity) of

a person that occurs during a period of suspension of that person’s

professional liability insurance under this subsection. For the purposes of the preceding sentence, a claim based upon the failure of

a professional to make adequate provision for patients to be cared

for during the period of the professional’s active duty service shall

be considered to be based on an action or failure to take action before the beginning of the period of suspension of professional liability insurance under this subsection, except in a case in which professional services were provided after the date of the beginning of

such period.

(c)(1) Professional liability insurance coverage suspended in the

case of any person pursuant to subsection (b) shall be reinstated
SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940 888

by the insurance carrier on the date on which that person transmits to the insurance carrier a written request for reinstatement.

(2) The request of a person for reinstatement shall be effective

only if the person transmits the request to the insurance carrier

within 30 days after the date on which the person is released from

active duty. The insurance carrier shall notify the person of the due

date for payment of the premium of such insurance. Such premium

shall be paid by the person within 30 days after the receipt of that

notice.

(3) The period for which professional liability insurance coverage

shall be reinstated for a person under this subsection may not be

less than the balance of the period for which coverage would have

continued under the insurance policy if the coverage had not been

suspended.

(d) An insurance carrier may not increase the amount of the premium charged for professional liability insurance coverage of any

person for the minimum period of the reinstatement of such coverage required under subsection (c)(3) to an amount greater than

the amount chargeable for such coverage for such period before the

suspension, except to the extent of any general increase in the premium amounts charged by that carrier for the same professional liability coverage for persons similarly covered by such insurance

during the period of the suspension.

(e) This section does not—

(1) require a suspension of professional liability insurance

coverage for any person who is not a person referred to in subsection (a) and who is covered by the same professional liability insurance as a person referred to in such subsection; or

(2) relieve any person of the obligation to pay premiums for

the coverage not required to be suspended.

(f)(1) A civil or administrative action for damages on the basis of

the alleged professional negligence or other professional liability of

a person whose professional liability insurance coverage has been

suspended under subsection (b) shall be stayed until the end of the

period of the suspension if—

(A) the action was commenced during that period;

(B) the action is based on an act or omission that occurred

before the date on which the suspension became effective; and

(C) the suspended professional liability insurance would, except for the suspension, on its face cover the alleged professional negligence or other professional liability negligence or

other professional liability of the person.

(2) Whenever a civil or administrative action for damages is

stayed under paragraph (1) in the case of any person, the action

shall be deemed to have been filed on the date on which the professional liability insurance coverage of such person is reinstated

under subsection (c).

(g) In the case of a civil or administrative action for which a stay

could have been granted under subsection (f) by reason of the suspension of professional liability insurance coverage of the defendant

under this section, the period of the suspension of the coverage

shall be excluded from the computation of any statutory period of

limitation on the commencement of such action.
889 SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT OF 1940

(h) If a person whose professional liability insurance coverage is

suspended under subsection (b) dies during the period of the

suspension—

(1) the requirement for the grant or continuance of a stay in

any civil or administrative action against such person under

subsection (f)(1) shall terminate on the date of the death of

such person; and

(2) the carrier of the professional liability insurance so suspended shall be liable for any claim for damages for professional negligence or other professional liability of the deceased

person in the same manner and to the same extent as such

carrier would be liable if the person had died while covered by

such insurance but before the claim was filed.

(i) In this section:

(1) The term ‘‘active duty’’ has the meaning given that term

in section 101 of title 10, United States Code.

(2) The term ‘‘profession’’ includes occupation.

(3) The term ‘‘professional’’ includes occupational.

SEC. 703 [50 U.S.C. App. 593]. (a) A person who, by reason of

military service described in section 702(a)(1), is entitled to the

rights and benefits of this Act shall also be entitled upon release

from such military service to reinstatement of any health insurance

which (1) was in effect on the day before such service commenced,

and (2) was terminated effective on a date during the period of

such service.

(b) An exclusion or a waiting period may not be imposed in connection with reinstatement of health insurance coverage of a health

or physical condition of a person under subsection (a), or a health

or physical condition of any other person who is covered by the insurance by reason of the coverage of such person, if—

(1) the condition arose before or during that person’s period

of training or service in the Armed Forces;

(2) an exclusion or waiting period would not have been imposed for the condition during a period of coverage resulting

from participation by such person in the insurance; and

(3) the condition of such person has not been determined by

the Secretary of Veterans Affairs to be a disability incurred or

aggravated in the line of duty (within the meaning of section

105 of title 38, United States Code).

(c) Subsection (a) does not apply in the case of employer-offered

insurance benefits in which a person referred to in such subsection

is entitled to participate pursuant to the provisions of chapter 43

of title 38, United States Code.
(890)

DEPARTMENT OF VETERANS AFFAIRS CODIFICATION

ACT, SECTION 7

Public Law 102–83 (Aug. 6. 1991, 105 Stat. 410)

SEC. 7. GENERAL SAVINGS PROVISION.

(a) REFERENCES TO REPLACED LAWS.—A reference to a provision

of title 38, United States Code, replaced by a provision of that title

enacted by section 2 (including a reference in a regulation, order,

or other law) shall be treated as referring to the corresponding provision enacted by this Act.

(b) SAVINGS PROVISION FOR REGULATIONS.—A regulation, rule, or

order in effect under a provision of title 38, United States Code, replaced by a provision of that title enacted by section 2 shall continue in effect under that corresponding provision enacted by this

Act until repealed, amended, or superseded.

(c) GENERAL SAVINGS PROVISION.—An action taken or an offense

committed under a provision of that title enacted by section 2 shall

be treated as having been taken or committed under the corresponding provision enacted by this Act.
(891)

USERRA TRANSITION PROVISIONS

Section 8 of Public Law 103–353. (Oct. 13, 1994, 108 Stat. 3175),

provides:

SEC. 8 [38 U.S.C. 4301 note]. TRANSITION RULES AND EFFECTIVE

DATES.

(a) REEMPLOYMENT.—(1) Except as otherwise provided in this Act

[the Uniformed Services Employment and Reemployment Rights

Act of 1994], the amendments made by this Act [revising chapter

43 of title 38, United States Code, and making certain other

amendments] shall be effective with respect to reemployments initiated on or after the first day after the 60-day period beginning

on the date of enactment of this Act [Oct. 13, 1994].

(2) The provisions of chapter 43 of title 38, United States Code,

in effect on the day before such date of enactment, shall continue

to apply to reemployments initiated before the end of such 60-day

period.

(3) In determining the number of years of service that may not

be exceeded in an employee-employer relationship with respect to

which a person seeks reemployment under chapter 43 of title 38,

United States Code, as in effect before or after the date of enactment of this Act, there shall be included all years of service without regard to whether the periods of service occurred before or after

such date of enactment unless the period of service is exempted by

the chapter 43 that is applicable, as provided in paragraphs (1) and

(2), to the reemployment concerned.

(4) A person who initiates reemployment under chapter 43 of

title 38, United States Code, during or after the 60-day period beginning on the date of enactment of this Act and whose reemployment is made in connection with a period of service in the uniformed services that was initiated before the end of such period

shall be deemed to have satisfied the notification requirement of

section 4312(a)(1) of title 38, United States Code, as provided in

the amendments made by this Act, if the person complied with any

applicable notice requirement under chapter 43, United States

Code, as in effect on the day before the date of enactment of this

Act [Oct. 13, 1994].

(b) DISCRIMINATION.—The provisions of section 4311 of title 38,

United States Code, as provided in the amendments made by this

Act, and the provisions of subchapter III of chapter 43 of such title,

as provided in the amendments made by this Act, that are necessary for the implementation of such section 4311 shall become effective on the date of enactment of this Act [Oct. 13, 1994].

(c) INSURANCE.—(1) The provisions of section 4316 of title 38,

United States Code, as provided in the amendments made by this

Act, concerning insurance coverage (other than health) shall be-
USERRA TRANSITION PROVISIONS 892

come effective with respect to furloughs or leaves of absence initiated on or after the date of enactment of this Act [Oct. 13, 1994].

(2) With respect to the provisions of section 4317 of title 38,

United States Code, as provided in the amendments made by this

Act, a person on active duty on the date of enactment of this Act,

or a family member or personal representative of such person, may,

after the date of enactment of this Act, elect to reinstate or continue a health plan as provided in such section 4317. If such an

election is made, the health plan shall remain in effect for the remaining portion of the 18-month period that began on the date of

such person’s separation from civilian employment or the period of

the person’s service in the uniformed service, whichever is the period of lesser duration.

(d) DISABILITY.—(1) Section 4313(a)(3) of chapter 43 of title 38,

United States Code, as provided in the amendments made by this

Act, shall apply to reemployments initiated on or after August 1,

1990.

(2) Effective as of August 1, 1990, section 4307 of title 38, United

States Code (as in effect on the date of enactment of this Act [Oct.

13, 1994]), is repealed, and the table of sections at the beginning

of chapter 43 of such title (as in effect on the date of enactment

of this Act) is amended by striking out the item relating to section

4307.

(e) INVESTIGATIONS AND SUBPOENAS.—The provisions of section

4326 of title 38, United States Code, as provided in the amendments made by this Act, shall become effective on the date of the

enactment of this Act [Oct. 13, 1994] and apply to any matter

pending with the Secretary of Labor under section 4305 of title 38,

United States Code, as of that date.

(f) PREVIOUS ACTIONS.—Except as otherwise provided, the

amendments made by this Act do not affect reemployments that

were initiated, rights, benefits, and duties that matured, penalties

that were incurred, and proceedings that begin before the end of

the 60-day period referred to in subsection (a).

(g) RIGHTS AND BENEFITS RELATIVE TO NOTICE OF INTENT NOT

TO RETURN.—Section 4316(b)(2) of title 38, United States Code, as

added by the amendments made by this Act, applies only to the

rights and benefits provided in section 4316(b)(1)(B) and does not

apply to any other right or benefit of a person under chapter 43

of title 38, United States Code. Such section shall apply only to

persons who leave a position of employment for service in the uniformed services more than 60 days after the date of enactment of

this Act [Oct. 13, 1994].

(h) EMPLOYER PENSION BENEFIT PLANS.—(1) Nothing in this Act

shall be construed to relieve an employer of an obligation to provide contributions to a pension plan (or provide pension benefits),

or to relieve the obligation of a pension plan to provide pension

benefits, which is required by the provisions of chapter 43 of title

38, United States Code, in effect on the day before this Act takes

effect.

(2) If any employee pension benefit plan is not in compliance

with section 4318 of such title or paragraph (1) of this subsection

on the date of enactment of this Act [Oct. 13, 1994], such plan shall
893 USERRA TRANSITION PROVISIONS

have two years to come into compliance with such section and

paragraph.

(i) DEFINITION.—For the purposes of this section, the term ‘‘service in the uniformed services’’ shall have the meaning given such

term in section 4303(13) of title 38, United States Code, as provided in the amendments made by this Act.
(894)

JUDICIAL REVIEW AVAILABLE FOR CLAIMS FILED

AGAINST VA ON OR AFTER NOVEMBER 18, 1988

Section 402 of Public Law 100–687 provides:

SEC. 402 [38 U.S.C. 7251 note]. APPLICABILITY TO CASES AFTER DATE

OF ENACTMENT.

Chapter 72 of title 38, United States Code, as added by section

301, shall apply with respect to any case in which a notice of disagreement is filed under section 4005 [now section 7105] of title 38,

United States Code, on or after the date of the enactment of this

Act [Nov. 18, 1988].
(895)

1Section 10, Public Law 88–664, provides:

‘‘Sec. 10. In computing the income of persons whose pension eligibility is subject to the first

sentence of section 9(b) of the Veterans Pension Act of 1959, there shall be excluded 10 per centum of the amount of payments received under public or private retirement, annuity, endowment, or similar plans or programs.’’ 2Section 110. Public Law 90–77 provides:

‘‘Sec. 110. The Administrator of Veterans’ Affairs shall pay to a veteran who is entitled to

pension under the first sentence of section 9(b) of the Veterans’ Pension Act of 1959 and who—

(1) has, in addition to a disability rated as permanent and total additional disability or disabilities independently ratable at 60 per centum or more, or (2) by reason of this disability or disabilities, is permanently housebound but does not qualify for pension based on need of regular

aid and attendance, in lieu of the pension otherwise payable to him, a pension at the monthly

rate of $100.’’

PRIOR PENSION LAW

PROVISION OF PENSION LAW IN EFFECT JUNE 30, 1960,

FOR VETERANS, WIDOWS, AND CHILDREN OF WORLD

WARS I, II, AND KOREAN CONFLICT, WHICH WERE

CHANGED BY PUBLIC LAW 86–211

TITLE 38, UNITED STATES CODE

§ 503. Items not considered in determining income 1

For the purposes of this chapter [15], in determining annual income, the Administrator shall not consider—

(1) payments under laws administered by the Veterans’ Administration because of disability or death;

(2) payments of mustering-out pay;

(3) payments of the six months’ death gratuity;

(4) annuities under chapter 73 of title 10;

(5) payments of adjusted compensation; and

(6) payments of bonus of similar cash gratuity by any State

based on service in the Armed Forces.

§ 521. Veterans of World War I, World War II or the Korean

conflict 2

(a) The Administrator shall pay to each veteran of World War I,

World War II, or the Korean Conflict, who meets the service requirements of this section, and who is permanently and totally disabled from non-service-connected disability not the result of the

veteran’s willful misconduct or vicious habits, a pension at the following monthly rate:

(1) $66.15; or

(2) $78.75 if (A) the veteran is sixty-five years of age or older

or (B) the veteran has been rated as permanently and totally

disabled for a continuous period of ten years and he has been

in receipt of pension throughout such period; or
PRIOR PENSION LAW 896

1Section 4, Public Law 90–275 as amended by sec. 206, P.L. 94–432; sec. 105, P.L. 95–204

provides: ‘‘Sec. 4. The annual income limitations governing payment of pension under the first

sentence of section 9(b) of the Veterans’ Pension Act of 1959 hereafter shall be $3,300 and

$4,760, instead of $3,100 and $4,460 respectively.’’ 2Section 108(c), Public Law 90–77, provides: ‘‘Sec. 108(c). If any widow is entitled to pension

under the first sentence of section 9(b) of the Veterans’ Pension Act of 1959 and is in need of

regular aid and attendance, the monthly rate of pension payable to her shall be increased by

$50.’’

(3) $135.45 if the veteran is in need of regular aid and attendance.

(b) A veteran meets the service requirements of this section if he

served in the active military, naval, or air service—

(1) for ninety days or more during either World War I, World

War II, or the Korean conflict;

(2) during World War I, World War II, or the Korean conflict,

and was discharged or released from such service for a serviceconnected disability; or

(3) for a period of ninety consecutive days or more and such

period ended during World War I, or began or ended during

World War II or the Korean conflict.

§ 522. Income limitations 1

(a) No pension shall be paid under section 521 of this title to any

unmarried veteran whose annual income exceeds $1,400, or to any

married veteran or any veteran with children whose annual income

exceeds $2,700.

(b) As a condition of granting or continuing pension under section

521 of this title, the Administrator may require from any veteran

applying for, or in receipt of, pension under such sections such information, proofs, or evidence as he desires in order to determine

the annual income of such veteran.

§ 541. Widows of World War I veterans 2

(a) The Administrator shall pay to the widow of each veteran of

World War I who met the service requirements of section 521 of

this title, or who at the time of his death was receiving (or entitled

to receive) compensation or retirement pay based upon a serviceconnected disability, a pension at the following monthly rate:

(1) Widow, no child, $50.40;

(2) Widow, one child, $63, with $7.56 for each additional

child.

(b) No pension shall be paid to a widow of a veteran under this

section unless she was married to him—

(1) before December 14, 1944; or

(2) for five or more years; or

(3) for any period of time if a child was born of the marriage.

§ 542. Children of World War I veterans

(a) Whenever there is no widow entitled to pension under section

541 of this title, the Administrator shall pay to the children of each

veteran of World War I who met the service requirements of section 521 of this title, or who at the time of his death was receiving

(or entitled to receive) compensation or retirement pay based upon

a service-connected disability, a pension at the following monthly

rate:
897 PRIOR PENSION LAW

1Section 108(c), Public Law 90–77, provides: ‘‘Sec. 108(c). If any widow is entitled to pension

under the first sentence of section 9(b) of the Veterans’ Pension Act of 1959 and is in need of

regular aid and attendance, the monthly rate of pension payable to her shall be increased by

$50.’’ 2Section 4, Public Law 90–275 as amended by sec. 206, P.L. 94–432; sec. 105, P.L. 95–204

provides: ‘‘Sec. 4. The annual income limitations governing payment of pension under the first

sentence of section 9(b) of the Veterans’ Pension Act of 1959 hereafter shall be $3,300 and

$4,760, instead of $3,100 and $4,460, respectively.’’

(1) One child, $27.30;

(2) Two children, $40.95; and

(3) Three children, $54.60, with $7.56 for each additional

child.

(b) Pension prescribed by this section shall be paid to eligible

children in equal shares.

§ 543. Widows of World War II or Korean conflict veterans 1

(a) The Administrator shall pay to the widow of each veteran of

World War II or of the Korean conflict—

(1) who met the service requirements of section 521 of this

title, and at the time of his death had a service-connected disability for which compensation would have been payable if 10

per centum or more in degree disabling; or

(2) who, at the time of his death, was receiving (or entitled

to receive) compensation or retirement pay based upon a service-connected disability;

a pension at the rate prescribed by section 541 of this title for the

widow of a veteran of World War I.

(b) No pension shall be paid to a widow of a veteran under this

section unless she was married to him—

(1) before January 1, 1957, in the case of a widow of a veteran of World War II, or before February 1, 1965, in the case

of a widow of a veteran of the Korean conflict; or

(2) for five or more years; or

(3) for any period of time if a child was born of the marriage.

§ 544. Children of World War II or Korean conflict veterans

Whenever there is no widow entitled to pension under section

543 of this title, the Administrator shall pay to the children of each

veteran of World War II or of the Korean conflict described in paragraph (1) or (2) of section 543(a) of this title a pension at the rate

prescribed by section 542 of this title for the children of a veteran

of World War I.

§ 545. Income limitations 2

(a) No pension shall be paid under sections 541–544 of this title

to any widow without child, or to or on account of any child, whose

annual income exceeds $1,400, or to a widow (with a child) whose

annual income exceeds $2,700.

(b) Where pension is not payable to a widow because of this section, payments to children shall be made as though there were no

widow.
PRIOR PENSION LAW 898

1Public Law 89–362 restricts reduction of benefits immediately to readmission occurring within six months where prior treatment was terminated against medical advice. Also applies to

those who continued in respect to benefits under pension law in effect on June 30, 1960.

§ 3203. Hospitalized veterans and estates of incompetent institutionalized veterans

(a)(1) Where any veteran having neither wife, child, nor dependent parents is being furnished hospital treatment, institutional or

domiciliary care by the Veterans’ Administration any pension, compensation, or retirement pay otherwise payable shall continue without reduction until the first day of the seventh calendar month following the month of admission of such veteran for treatment or

care. If treatment or care extends beyond that period, the pension,

compensation, or retirement pay, if $30 per month or less, shall

continue without reduction, but if greater than $30 per month, the

pension, compensation, or retirement pay shall not exceed 50 per

centum of the amount otherwise payable or $30 per month, whichever is the greater. If such veteran is discharged from such treatment or care upon certification by the officer in charge of the hospital, institution, or home, that maximum benefits have been received or that release is approved, he shall be paid in a lump sum

such additional amount as would equal the total sum by which his

pension, compensation, or retirement pay has been reduced under

this section. If treatment or care is terminated by the veteran

against medical advice or as the result of disciplinary action the

amount by which any pension, compensation, or retirement pay is

reduced hereunder, shall be paid to him at the expiration of six

months after such termination or, in the event of his prior death,

as provided in paragraph (2) of this subsection; and the pension,

compensation, or retirement pay of any veteran leaving against

medical advice or as the result of disciplinary action shall, upon a

succeeding readmission for treatment or care, be subject to reduction, as herein provided, from the date of such readmission, but if

such subsequent treatment or care is continued until discharged

therefrom upon certification, by the officer in charge of the hospital, institution, or home in which treatment or care was furnished, that maximum benefits have been received or that release

is approved, the veteran shall be paid in a lump sum such additional amount as would equal the total sum by which his pension,

compensation, or retirement pay has been reduced under this section after such readmission.1

(2)(A) In the event of the death of any veteran subject to the provisions of this section, while receiving hospital treatment, institutional or domiciliary care, or before payment of any lump sum authorized herein, such lump sum shall be paid in the following order

of precedence: First, to the spouse; second, if the decedent left no

spouse, or if the spouse is dead at time of settlement, then to the

children (without regard to their age or marital status) in equal

parts; third, if no spouse or child, then to the father and mother

in equal parts; fourth, if either the father or mother is dead, then

to the one surviving; fifth, if there is no spouse, child, father, or

mother at the time of settlement, then to the brothers and sisters

in equal parts. If there are no persons in the classes named to

whom payment may be made under this paragraph, no payment
899 PRIOR PENSION LAW

2Public Law 87–544 eliminated nondependent parents and brothers and sisters. Also applies

to those who continued in respect to benefits under pension law in effect on June 30, 1960.

shall be made, except there may be paid only so much of the lump

sum as may be necessary to reimburse a person who bore the expenses of last sickness or burial, but no part of the lump sum shall

be used to reimburse any political subdivision of the United States

for expenses incurred in the last sickness or burial of such

veteran.2

(B) No payment shall be made under the last two sentences of

section 3202(d) of this title or under this paragraph (2) unless

claim therefor is filed with the Veterans’ Administration within five

years after the death of the veteran, except that, if any person so

entitled under the last two sentences of section 3202(d) of this title

or under this paragraph is under legal disability at the time of

death of the veteran, such five-year period of limitation shall run

from the termination or removal of the legal disability.

(b)(1) Where any veteran having neither wife, child, nor dependent parent is being furnished hospital treatment, institutional or

domiciliary care by the Veterans’ Administration, and is rated by

the Veterans’ Administration in accordance with regulations as

being incompetent by reason of mental illness, the pension, compensation, or retirement pay of such veteran shall be subject to the

provisions of subsection (a) of this section; however, no payment of

a lump sum herein authorized shall be made to the veteran until

after the expiration of six months following a finding of competency

and in the event of the veteran’s death before payment of such

lump sum no part thereof shall be payable.

(2) In any case in which such an incompetent veteran having neither wife nor child is being furnished hospital treatment, institutional or domiciliary care without charge or otherwise by the

United States, or any political subdivision thereof, and his estate

from any source equals or exceeds $1,500, further payments of pension, compensation, or emergency officers’ retirement pay shall not

be made until the estate is reduced to $500. The amount which

would be payable but for this paragraph shall be paid to the veteran as provided for the lump sum in paragraph (1) of this subsection, but in the event of the veteran’s death before payment of

such lump sum no part thereof shall be payable.

(3) Where any benefit is discontinued by reason of paragraph (2)

of this subsection the Administrator may nevertheless apportion

and pay to the dependent parents of the veteran on the basis of

need all or any part of the benefit which would otherwise be payable to or for such incompetent veteran. Paragraph (2) of this subsection shall not prevent the payment, out of any remaining

amounts discontinued under that paragraph, on account of any veteran of so much of his pension, compensation, or retirement pay as

equals the amount charged to the veteran for his current care and

maintenance in the institution in which treatment or care is furnished him, but not more than the amount determined by the Administrator to be the proper charge as fixed by any applicable statute or valid administrative regulation.

(4) All or any part of the pension, compensation, or retirement

pay payable on account of any incompetent veteran who is being
PRIOR PENSION LAW 900

furnished hospital treatment, institutional or domiciliary care may,

in the discretion of the Administrator, be paid to the chief officer

of the institution wherein the veteran is being furnished such

treatment or care, to be properly accounted for by such chief officer

and to be used for the benefit of the veteran.

(c) Any veteran subject to the provisions of subsection (a) or (b)

shall be deemed to be single and without dependents in the absence of satisfactory evidence to the contrary. In no event shall increased compensation, pension, or retirement pay of such veteran

be granted for any period more than one year before receipt of satisfactory evidence showing such veteran has a wife, child, or dependent parent.

(d) Notwithstanding any other provision of this section or any

other provision of law, no reduction shall be made in the pension,

compensation, or retirement pay of any veteran for any part of the

period during which he is furnished hospital treatment, or institutional or domiciliary care, for Hansen’s disease, by the United

States or any political subdivision thereof.
901 PRIOR PENSION LAW

PROVISIONS AFFECTING PRIOR PENSION LAW

Section 20(b) of the Railroad Retirement Act of 1937 (45 U.S.C.

228(b))

(b) Pensions and annuities under this Act or the Railroad Retirement Act of 1935 shall not be considered as income for the purposes of section 522 of title 38 of the United States Code.

Section 1441 of title 10, United States Code

§ 1441. Annuities in addition to other payments

An annuity under this chapter is in addition to any pension or

other payment to which the beneficiary is entitled under any other

provision of law, and may not be considered as income under any

law administered by the Department of Veterans Affairs except

section 415(g) and chapter 15 of title 38.

Section 608 of the Federal Employees’ Pay Act of 1945 (5 U.S.C.

948)

SEC. 608. Amounts payable under the provisions of this Act,

other than increases under sections 405, 501, 521, and 602, shall

not be considered in determining the amount of a person’s annual

rate of compensation for the purposes of section 212 of title II of

the Act entitled ‘‘An Act making appropriations for the legislative

branch of the Government for the fiscal year ending June 30, 1933,

and for other purposes’’, approved June 30, 1932, as amended

(U.S.C., 1940 edition, title 5, sec. 59a; Supp. IV, title 5, sec. 59b).

(Amended P.L. 86–211, § 8(b).)

Sections 8–9 of the Veterans’ Pension Act of 1959 (Public Law 86–

211) (Repealed by P.L. 95–588, sec. 306(b))

SEC. 8. (a) Section 1441 of title 10 of the United States Code is

amended by inserting ‘‘and chapter 15’’ after ‘‘415(g)’’.

(b) Section 608 of the Federal Employees’ Pay Act of 1945 (5

U.S.C. 948) is amended by striking out ‘‘annual income or’’ and

‘‘section 522 of title 38, United States Code, or’’.

SEC. 9. (a) Any claim for pension which is pending in the Veterans’ Administration on June 30, 1960, or any claim for death

pension filed thereafter within one year from the date of death of

a veteran which occurred prior to July 1, 1960, shall be adjudicated

under title 38, United States Code, in effect on June 30, 1960, with

respect to the period before July 1, 1960, and, except as provided

in subsection (c), under such title, as amended by this Act, thereafter.

(b) Nothing in this Act shall affect the eligibility of any person

receiving pension under title 38, United States Code, on June 30,

1960, for pension under all applicable provisions of that title in ef-
PRIOR PENSION LAW 902

fect on that date for such period or periods thereafter with respect

to which he can qualify under such provisions. This subsection

shall not apply in any case for any period after pension is granted,

pursuant to application, under title 38, United States Code, as

amended by this Act. (See P.L. 87–544, § 2; P.L. 88–664, § 10; P.L.

89–362, § 3; P.L. 90–77, §§ 108(c), 110; P.L. 90–275, § 4; P.L. 91–

588, §§ 5, 8(a)(1); P.L. 92–198, § 4; P.L. 93–527, § 6; P.L. 94–169,

§ 107; P.L. 94–432, § 206; P.L. 95–204, § 105.)

(c) Subsection (b) shall apply to those claims within the purview

of subsection (a) in which it is determined that pension is payable

for June 30, 1960.
(903)

PROVISIONS OF PENSION LAW IN EFFECT DECEMBER

31, 1978, FOR VETERANS, SURVIVING SPOUSES, AND

CHILDREN OF WORLD WARS I, II, THE KOREAN CONFLICT, AND THE VIETNAM ERA, WHICH WERE

CHANGED BY PUBLIC LAW 95–588

TITLE 38, UNITED STATES CODE

§ 501. Definitions

For the purposes of this chapter— (1) The term ‘‘Indian Wars’’ means the campaigns, engagements,

and expeditions of the United States military forces against Indian

tribes or nations, service in which has been recognized heretofore

as pensionable service.

(2) The term ‘‘World War I’’ includes, in the case of any veteran,

any period of service performed by such veteran after November

11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, or air service after April 5, 1917, and before

November 12, 1918.

(3) The term ‘‘Civil War veteran’’ includes a person who served

in the military or naval forces of the Confederate States of America

during the Civil War, and the term ‘‘active military or naval service’’ includes active service in those forces.

§ 503. Determinations with respect to annual income

(a) In determining annual income under this chapter, all payments of any kind or from any source (including salary, retirement

or annuity payments, or similar income, which has been waived, irrespective of whether the waiver was made pursuant to statute,

contract, or otherwise) shall be included except—

(1) payments of the six-months’ death gratuity;

(2) donations from public or private relief or welfare organizations;

(3) payments under this chapter, and chapters 11 and 13 (except section 412(a)) of this title;

(4) payments under policies of servicemen’s group life insurance, United States Government life insurance or National

Service Life Insurance, and payments of servicemen’s indemnity;

(5) lump sum death payments under subchapter II of chapter

7 of title 42;

(6) 10 per centum of the amount of payments to an individual under public or private retirement, annuity, endowment, or similar plans or programs;

(7) amounts equal to amounts paid by a spouse of a veteran

for the expenses of such veteran’s last illness, and by a surviving spouse or child of a deceased veteran for— (A) such veteran’s just debts,
PRIOR PENSION LAW 904

(B) the expenses of such veteran’s last illness; and

(C) the expenses of such veteran’s burial to the extent

such expenses are not reimbursed under chapter 23 of this

title;

(8) proceeds of fire insurance policies;

(9) amounts equal to amounts paid (A) by a veteran for the

last illness and burial of such veteran’s deceased spouse or

child or (B) by a surviving spouse or a spouse of a veteran for

the last illness and burial of a child of such a veteran;

(10) profit realized from the disposition of real or personal

property other than in the course of a business;

(11) payments received for discharge of jury duty or obligatory civic duties;

(12) payments of educational assistance allowance or special

training allowance under chapter 35 of this title;

(13) payments of bonus or similar cash gratuity by any State

based on service in the Armed Forces;

(14) amounts equal to prepayments on an indebtedness secured by a mortgage, or similar type security instrument, on

real property (which was prior to death the principal residence

of a veteran and spouse) made by the veteran or such veteran’s

surviving spouse, after the death of the spouse, during the year

of death and the succeeding year, if said indebtedness was in

existence at the time of death;

(15) amounts in joint accounts in banks and similar institutions acquired by reason of death of other joint owner;

(16) payments received by a retired employee from such employee’s former employer as reimbursement for monthly premiums for supplementary medical insurance benefits for the

aged provided by part B of title XVIII of the Social Security

Act, as amended; and

(17) payments of annuities elected under subchapter I of

chapter 73 of title 10.

(b) Where a fraction of a dollar is involved, annual income shall

be fixed at the next lower dollar.

(c) The Administrator may provide by regulation for the exclusion from income under this chapter of amounts paid by a veteran,

surviving spouse, or child for unusual medical expenses.

§ 506. Resource reports and overpayment adjustments

(a) As a condition of granting or continuing pension under section

521, 541, or 542 of this title, the Administrator— (1) may require from any person applying for, or in receipt

of, pension thereunder such information, proofs, or evidence as

the Administrator desires in order to determine the annual income and the corpus of the estate of such person;

(2) shall require that any such person, other than a child or

a person who has attained seventy-two years of age and has

been paid pension thereunder during two consecutive calendar

years, file each year with the Veterans’ Administration (on the

form prescribed by the Administrator) a report showing the

total income which such person received during the preceding

year, the corpus of such person’s estate at the end of that year,

and such person’s estimate for the then current year of the
905 PRIOR PENSION LAW

total income such person expects to receive and of any expected

increase in the corpus of such person’s estate; and

(3) shall require that any such person promptly file a revised

report whenever there is a material change in such person’s estimated annual income or a material change in such person’s

estimate of the corpus of such person’s estate.

(b) If there is an overpayment of pension under section 521, 541,

or 542 of this title, the amount thereof shall be deducted (unless

waived) from any future payments made thereunder to the person

concerned.

§ 512. Spanish-American War veterans

(a)(1) The Administrator shall pay to each veteran of the

Spanish-American War who meets the service requirements of this

subsection a pension at the following monthly rate: (A) $101.59; or

(B) $135.45 if the veteran is in need of regular aid and

attendance.

(2) A veteran meets the service requirements of this subsection

if such veteran served in the active military or naval service— (A) for ninety days or more during the Spanish-American

War;

(B) during the Spanish-American War and was discharged or

released from such service for a service-connected disability; or

(C) for a period of ninety consecutive days or more and such

period began or ended during the Spanish-American War.

(3)(A) Any veteran eligible for pension under this subsection

shall, if such veteran so elects, be paid pension at the rates prescribed by section 521 of this title, and under the conditions (other

than the service requirements) applicable to pension paid under

that section to veterans of World War I. If pension is paid pursuant

to such an election, the election shall be irrevocable, except as provided in subparagraph (B).

(B) The Administrator shall pay each month to each SpanishAmerican War veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever

amount is greater (i) that provided by subparagraph (B) of subsection (a)(1) of this section, or (ii) that which is payable to the veteran under section 521 of this title if such veteran has elected, or

would be payable if such veteran were to elect, to receive pension

under such section pursuant to subparagraph (A) of this paragraph. Each change in the amount of pension payment required by

this subparagraph shall be effective as of the first day of the month

during which the facts of the particular case warrant such change,

and shall be made without specific application therefor.

(b)(1) The Administrator shall pay to each veteran of the

Spanish-American War who does not meet the service requirements of subsection (a), but who meets the service requirements of

this subsection, a pension at the following monthly rate:

(A) $67.73; or

(B) $88.04 if the veteran is in need of regular aid and attendance.

(2) A veteran meets the service requirements of this subsection

if such veteran served in the active military or naval service—
PRIOR PENSION LAW 906

(A) for seventy days or more during the Spanish-American

War; or

(B) for a period of seventy consecutive days or more and such

period began or ended during the Spanish-American War.

§ 521. Veterans of the Mexican border period, World War I,

World War II, the Korean conflict, or the Vietnam

era

(a) The Administrator shall pay to each veteran of the Mexican

border period, World War I, World War II, the Korean conflict, or

the Vietnam era, who meets the service requirements of this section, and who is permanently and totally disabled from non-serviceconnected disability not the result of the veteran’s willful misconduct or vicious habits, pension at the rate prescribed by this

section.

(b)(1) If the veteran is unmarried (or married but not living with

and not reasonably contributing to the support of such veteran’s

spouse) and has no child, pension shall be paid to the veteran according to the following formula:

The monthly rate of pension shall be $197 reduced by—

For each $1 of annual income

Which is more than— But not more than—

$0.00 0 $300

.03 $300 500

.04 500 700

.05 700 900

.06 900 1,100

.07 1,100 1,700

.08 1,700 3,770

(2) In no case may the amount of pension payable to any veteran

under this subsection be less than $5 monthly.

(3) In no case may pension be paid under this subsection to any

veteran if the annual income of such veteran exceeds $3,770.

(c)(1) If the veteran is married and living with or reasonably contributing to the support of such veteran’s spouse, or has a child or

children, pension shall be paid to the veteran according to the following formula:

The monthly rate of pension for a veteran

shall be— $212 if he or she has one

dependent; $217 if he or she has two dependents; and $222 if he or she has three or

more dependents; reduced by—

For each $1 of annual income

Which is more than— But not more than—

$0.00 0 $500

.02 $500 700

.03 700 1,000

.04 1,000 2,000

.05 2,000 3,000

.06 3,000 3,200

.07 3,200 3,600

.08 3,600 5,070

(2) In no case may the amount of pension payable to any veteran

under this subsection be less than $5 monthly.

(3) In no case may pension be paid under this subsection to any

veteran if the annual income of such veteran exceeds $5,070.
907 PRIOR PENSION LAW

(d)(1) If the veteran is in need of regular aid and attendance, the

monthly rate payable to such veteran under subsection (b) or (c)

shall be increased by $165.

(2) In any case in which—

(A) any veteran is denied pension under subsection (b) or (c)

of this section solely for the reason that his annual income exceeds the maximum income limitation set forth in such subsection, or

(B) payment of pension to any veteran under such subsection

(b) or (c) is discontinued for such reason,

and such veteran is in need of aid and attendance, such veteran

shall be entitled to a monthly rate of $165 reduced by 16.6 per centum for each $100, or portion thereof, by which the veteran’s annual income exceeds the applicable maximum annual income limitation; but no monthly rate shall be payable under this paragraph

if the veteran’s annual income exceeds such limitation by more

than $500.

(e) If the veteran has a disability rated as permanent and total,

and (1) has additional disability or disabilities independently ratable at 60 per centum or more, or (2) by reason of such veteran’s

disability or disabilities, is permanently housebound but does not

qualify for the aid and attendance rate under subsection (d) of this

section, the monthly rate payable to such veteran under subsection

(b) or (c) shall be increased by $61.

(f) For the purposes of this section—

(1) in determining annual income, where a veteran is living

with such veteran’s spouse, all income of the spouse which is

reasonably available to or for the veteran in excess of whichever is the greater, $1,200 or the total earned income of the

spouse, shall be considered as the income of the veteran, unless in the judgment of the Administrator to do so would work

a hardship upon the veteran;

(2) a veteran shall be considered as living with a spouse,

even though they reside apart, unless they are estranged.

(g) A veteran meets the service requirements of this section if

such veteran served in the active military, naval, or air service—

(1) for ninety days or more during either the Mexican border

period, World War I, World War II, the Korean conflict, or the

Vietnam era;

(2) during the Mexican border period, World War I, World

War II, the Korean conflict, or the Vietnam era, and was discharged or released from such service for a service-connected

disability;

(3) for a period of ninety consecutive days or more and such

period ended during the Mexican border period or World War

I, or began or ended during World War II, the Korean conflict,

or the Vietnam era; or

(4) for an aggregate of ninety days or more in two or more

separate periods of service during more than one period of war.

(h) The rate of pension payable to any veteran receiving benefits

under subsections (b), (c), (d), and (e) of this section shall be increased by 25 per centum beginning on the first day of the month

during which the veteran attains age 78.
PRIOR PENSION LAW 908

§ 522. Net worth limitation

The Administrator shall deny or discontinue payment of pension

under section 521 of this title when the corpus of the veteran’s estate is such that under all the circumstances, including consideration of the veteran’s income, it is reasonable that some part of the

corpus be consumed for the veteran’s maintenance.

§ 536. Surviving spouses of Spanish-American War veterans

(a) The Administrator shall pay to the surviving spouse of each

Spanish-American War veteran who met the service requirements

of section 512(a) of this title a pension at the monthly rate of $70,

unless such surviving spouse was the spouse of the veteran during

such veteran’s service in the Spanish-American War, in which case

the monthly rate shall be $75.

(b) If there is a child of the veteran, the rate of pension paid to

the surviving spouse under subsection (a) shall be increased by

$8.13 per month for each such child.

(c) No pension shall be paid to a surviving spouse of a veteran

under this section unless such surviving spouse was married to

such veteran—

(1) before January 1, 1938; or

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage,

or was born to them before the marriage.

(d)(1) Any surviving spouse eligible for pension under this section

shall, if such surviving spouse so elects, be paid pension at the

rates prescribed by section 541 of this title, and under the conditions (other than the service requirements) applicable to pension

paid under that section to surviving spouses of veterans of World

War I. If pension is paid pursuant to such an election, the election

shall be irrevocable, except as provided in paragraph (2).

(2) The Administrator shall pay each month to the surviving

spouse of each Spanish-American War veteran who is receiving, or

entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that which is payable

to such surviving spouse under subsections (a) and (b) of this section as increased by section 544 of this title; or (B) that which is

payable under section 541 of this title, as increased by such section

544, to a surviving spouse of a World War I veteran with the same

annual income and corpus of estate. Each change in the amount of

pension required by this paragraph shall be effective as of the first

day of the month during which the facts of the particular case warrant such change, and shall be made without specific application

therefor.

§ 541. Surviving spouses of Mexican border period, World

War I, World War II, Korean conflict, or Vietnam

era veterans

(a) The Administrator shall pay to the surviving spouse of each

veteran of the Mexican border period, World War I, World War II,

the Korean conflict, or the Vietnam era who met the service requirements of section 521 of this title, or who at the time of death

was receiving (or entitled to receive) compensation or retirement
909 PRIOR PENSION LAW

pay for a service-connected disability, pension at the rate prescribed by this section.

(b)(1) If there is no child, pension shall be paid to the surviving

spouse according to the following formula:

The monthly rate of pension shall be $133 reduced by—

For each $1 of annual income

Which is more than— But not more than—

$0.00 0 $300

.01 $300 600

.03 600 900

.04 900 1,100

.05 1,100 1,800

.06 1,800 2,800

.07 2,800 3,770

(2) In no case may the amount of pension payable to any surviving spouse under this subsection be less than $5 monthly.

(3) In no case may pension be paid under this subsection to any

surviving spouse if the annual income of such surviving spouse exceeds $3,770.

(c)(1) If there is a surviving spouse and one child, pension shall

be paid to the surviving spouse according to the following formula:

The monthly rate of pension shall be $159 reduced by—

For each $1 of annual income

Which is more than— But not more than—

$0.00 0 $700

.01 $700 1,100

.02 1,100 1,600

.03 1,600 2,400

.04 2,400 2,900

.05 2,900 5,070

(2) In no case may pension be paid under this subsection to any

surviving spouse if the annual income of such surviving spouse exceeds $5,070.

(3) Whenever the monthly rate payable to any surviving spouse

under paragraph (1) of this subsection is less than the amount

which would be payable for one child under section 542 of this title

if the surviving spouse were not entitled, the surviving spouse shall

be paid at the child’s rate.

(d) If there is a surviving spouse and more than one child, the

monthly rate payable under subsection (c) shall be increased by

$26 for each additional child.

(e) No pension shall be paid to a surviving spouse of a veteran

under this section unless the spouse was married to the veteran—

(1) before (A) December 14, 1944, in the case of a surviving

spouse of a Mexican border period or World War I veteran, or

(B) January 1, 1957, in the case of a surviving spouse of a

World War II veteran, or (C) February 1, 1965, in the case of

a surviving spouse of a Korean conflict veteran, or (D) May 8,

1985, in the case of a surviving spouse of a Vietnam era veteran; or

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage,

or was born to them before the marriage.
PRIOR PENSION LAW 910

1Sec. 106. Public Law 92–38 provides: ‘‘All compensation or retirement pay which is being withheld pursuant to the provisions of

subsections (a) and (b)(1) of section 3203, title 38, United States Code, in effect on the day before

the effective date of this Act, shall be paid to the veteran, if competent, in a lump sum. If the

veteran is incompetent, the withheld amounts shall be paid in a lump sum, or successive lump

sums, subject to the $1,500 and $500 limitations of subsection (b)(1) of such section 3203 as

amended by this Act. If a competent veteran dies before payment is made the withheld amounts

shall be paid according to the order of precedence, and subject to the time limitation of subsection (a)(2) of such section 3203 in effect the day before the effective date of this Act. In the

event of the death of an incompetent veteran before payment of all withheld amounts, no part

of the remainder shall be payable.’’

(f) As used in this section and section 542 of this title, the term

‘‘veteran’’ includes a person who has completed at least two years

of honorable active military, naval, or air service, as certified by

the Secretary concerned, but whose death in such service was not

in line of duty.

§ 542. Children of Mexican border period, World War I,

World War II, Korean conflict, or Vietnam era

veterans

(a) Whenever there is no surviving spouse entitled to pension

under section 541 of this title, the Administrator shall pay to the

child or children of each veteran of the Mexican border period,

World War I, World War II, the Korean conflict, or the Vietnam

era, who met the service requirements of section 521 of this title,

or who at the time of death was receiving (or entitled to receive)

compensation or retirement pay for a service-connected disability,

pension at the monthly rate of $61 for one child, and $26 for each

additional child.

(b) Pension prescribed by this section shall be paid to eligible

children in equal shares (Amended P.L. 86–211, § 4.)

(c) No pension shall be paid under this section to a child whose

annual income, excluding earned income, exceeds $3,080.

§ 543. Net worth limitation

The Administrator shall deny or discontinue payment of pensions

under section 541 or 542 of this title to a surviving spouse or child

when the corpus of the estate of the survivor concerned is such that

under all the circumstances, including consideration of income, it

is reasonable that some part of the corpus be consumed for the survivor’s maintenance.

§ 544. Aid and attendance allowance

If any surviving spouse is entitled to pension under this subchapter and is in need of regular aid and attendance, the monthly

rate of pension payable to the surviving spouse shall be increased

by $79.

* * * * * * *

§ 3203. Hospitalized veterans and estates of incompetent institutionalized veterans 1

(a)(1) Where any veteran having neither wife nor child is being

furnished hospital treatment, institutional, or domiciliary care by

the Veterans’ Administration, no pension in excess of $50 per

month shall be paid to or for the veteran for any period after (a)
911 PRIOR PENSION LAW

the end of the second full calendar month following the month of

admission for treatment or care or (b) readmission for treatment of

care within six months following termination of a period of treatment or care of not less than two full calendar months.

(2) The provisions of paragraph (1) shall also apply to a veteran

being furnished such care who has a wife but whose pension is payable under section 521(b) of this title. In such a case, the Administrator may apportion and pay to the wife, upon an affirmative

showing of hardship, all or any part of the amounts in excess of

the amount payable to the veteran while being furnished such care

which would be payable to him if pension were payable under section 521(c) of this title.

(b)(1) In any case in which a veteran having neither wife nor

child is being furnished hospital treatment, institutional or domiciliary care without charge or otherwise by the United States, or

any political subdivision thereof, is rated by the Veterans’ Administration in accordance with regulations as being incompetent by reason of mental illness, and his estate from any source equals or exceeds $1,500, further payment of pension, compensation, or emergency officers’ retirement pay shall not be made until the estate is

reduced to $500. The amount which would be payable but for this

paragraph shall be paid to the veteran in a lump sum; however,

no payment of a lump sum herein authorized shall be made to the

veteran until after the expiration of six months following a finding

of competency and in the event of the veteran’s death before payment of such lump sum no part thereof shall be payable.

(2) Where any benefit is discontinued by reason of paragraph (1)

of this subsection the Administrator may nevertheless apportion

and pay to the dependent parents of the veteran on the basis of

need all or any part of the benefit which would otherwise be payable to or for such incompetent veteran. Paragraph (1) of this subsection shall not prevent the payment, out of any remaining

amounts discontinued under that paragraph, on account of any veteran of so much of his pension, compensation, or retirement pay as

equals the amount charged to the veteran for his current care and

maintenance in the institution in which treatment or care is furnished him, but not more than the amount determined by the Administrator to be the proper charge as fixed by any applicable statute or valid administrative regulation.

(3) All or any part of the pension, compensation, or retirement

pay payable on account of any incompetent veteran who is being

furnished hospital treatment, institutional or domiciliary care may,

in the discretion of the Administrator, be paid to the chief officer

of the institution wherein the veteran is being furnished such

treatment or care, to be properly accounted for by such chief officer

and to be used for the benefit of the veteran.

(c) Any veteran subject to the provisions of subsection (b) shall

be deemed to be single and without dependents in the absence of

satisfactory evidence to the contrary. In no event shall increased

compensation, pension or retirement pay of such veteran be granted for any period more than one year before receipt of satisfactory

evidence showing such veteran has a wife, child, or dependent parent.
PRIOR PENSION LAW 912

1Sec. 3. Public Law 89–362 provides: ‘‘The amendments made by this Act shall also apply to

cases in which pension eligibility is subject to the provisions of section 9(b) of the Veterans’ Pension Act of 1959.’’

(d) Notwithstanding any other provision of this section or any

other provision of law, no reduction shall be made in the pension

of any veteran for any part of the period during which he is furnished hospital treatment, or institutional or domiciliary care, for

Hansen’s disease, by the United States or any political subdivision

thereof.

(e) Where any veteran in receipt of an aid and attendance allowance described in section 314(r) of this title is hospitalized at Government expense, such allowance shall be discontinued from the

first day of the second calendar month which begins after the date

of his admission for such hospitalization for so long as such hospitalization continues. Any discontinuance required by administrative regulation, during hospitalization of a veteran by the Veterans’

Administration, of increased pension based on need of regular aid

and attendance or additional compensation based on need of regular aid and attendance as described in subsection (l) or (m) of section 314 of this title, shall not be effective earlier than the first day

of the second calendar month which begins after the date of the

veteran’s admission for hospitalization. In case a veteran affected

by this subsection leaves a hospital against medical advice and is

thereafter admitted to hospitalization within six months from the

date of such departure, such allowance, increased pension, or additional compensation, as the case may be, shall be discontinued from

the date of such readmission for so long as such hospitalization

continues.1
913 PRIOR PENSION LAW

SECTION 306 OF PUBLIC LAW 95–588

SAVINGS PROVISIONS FOR PERSONS ENTITLED TO PENSION AS OF

DECEMBER 31, 1978

SEC. 306 [38 U.S.C. 1521 note]. (a)(1)(A) Except as provided in

subparagraph (B), any person who as of December 31, 1978, is entitled to receive pension under section 521, 541, or 542 of title 38,

United States Code, may elect to receive pension under such section as in effect after such date, subject to the terms and conditions

in effect with respect to the receipt of such pension. Any such election shall be made in such form and manner as the Secretary of

Veterans Affairs (hereinafter in this section referred to as the ‘‘Secretary’’) may prescribe. If pension is paid pursuant to such an election, the election shall be irrevocable.

(B) Any veteran eligible to make an election under subparagraph

(A) who is married to another veteran who is also eligible to make

such an election may not make such an election unless both such

veterans make such an election.

(2) Any person eligible to make an election under paragraph (1)

who does not make such an election shall continue to receive pension at the monthly rate being paid to such person on December

31, 1978, subject to all provisions of law applicable to basic eligibility for and payment of pension under section 521, 541, or 542,

as appropriate, of title 38, United States Code, as in effect on December 31, 1978, except that— (A) pension may not be paid to such person if such person’s

annual income (determined in accordance with section 503 of

title 38, United States Code, as in effect on December 31, 1978)

exceeds $4,038, in the case of a veteran or surviving spouse

without dependents, $5,430, in the case of a veteran or surviving spouse with one or more dependents, or $3,299, in the

case of a child; and

(B) the amount prescribed in subsection (f)(1) of section 521

of such title (as in effect on December 31, 1978) shall be

$1,285;

as each such amount is increased from time to time under paragraph (3).

(3) Whenever there is an increase under section 3112 of title 38,

United States Code (as added by section 304 of this Act), in the

maximum annual rates of pension under sections 521, 541, and 542

of such title, as in effect after December 31, 1978, the Secretary

shall, effective on the date of such increase under such section

3112, increase—

(A) the annual income limitations in effect under paragraph

(2); and

(B) the amount of income of a veteran’s spouse excluded from

the annual income of such veteran under section 521(f)(1) of

such title, as in effect on December 31, 1978;

by the same percentage as the percentage by which such maximum

annual rates under such sections 521, 541, and 542 are increased.

(b)(1) Effective January 1, 1979, section 9 of the Veterans’ Pension Act of 1959 (Public Law 86–211) is repealed.
PRIOR PENSION LAW 914

(2)(A) Except as provided in subparagraph (B), any person who

as of December 31, 1978, is entitled to receive pension under section 9(b) of the Veterans’ Pension Act of 1959 may elect to receive

pension under section 521, 541, or 542 or title 38, United States

Code, as in effect after such date, subject to the terms and conditions in effect with respect to the receipt of such pension. Any such

election shall be made in such form and manner as the Secretary

may prescribe. If pension is paid pursuant to such an election, the

election shall be irrevocable.

(B) Any veteran eligible to make an election under subparagraph

(A) who is married to another veteran who is also eligible to make

such an election may not make such an election unless both such

veterans make such an election.

(3) Any person eligible to make an election under paragraph (2)

who does not make such an election shall continue to receive pension at the monthly rate being paid to such person on December

31, 1978, subject to all provisions of law applicable to basic eligibility for and payment of pension under section 9(b) of the Veterans’ Pension Act of 1959, as in effect on December 31, 1978, except that pension may not be paid to such person if such person’s

annual income (determined in accordance with the applicable provisions of law, as in effect on December 31, 1978) exceeds $3,534, in

the case of a veteran or surviving spouse without dependents or in

the case of a child, or $5,098, in the case of a veteran or surviving

spouse with one or more dependents, as each such amount is increased from time to time under paragraph (4).

(4) Whenever there is an increase under section 3112 of title 38,

United States Code (as added by section 304 of this Act), in the

maximum annual rates of pension under sections 521, 541, and 542

of such title, as in effect after December 31, 1978, the Secretary

shall, effective on the date of such increase under such section

3112, increase the annual income limitations in effect under paragraph (3) by the same percentage as the percentage by which the

maximum annual rates under such sections 521, 542, and 543 are

increased.

(c) Any case in which— (1) a claim for pension is pending in the Veterans’ Administration on December 31, 1978;

(2) a claim for pension is filed by a veteran after December

31, 1978, and within one year after the date on which such veteran became totally and permanently disabled, if such veteran

become totally and permanently disabled before January 1,

1979; or

(3) a claim for pension is filed by a surviving spouse or by

a child after December 31, 1978, and within one year after the

date of death of the veteran through whose relationship such

claim is made, if the death of such veteran occurred before

January 1, 1979;

shall be adjudicated under title 38, United States Code, as in effect

on December 31, 1978. Any benefits determined to be payable as

the result of the adjudication of such a claim shall be subject to the

provisions of subsection (a).

(d) In any case in which any person who as of December 31,

1978, is entitled to receive pension under section 521, 541, or 542
915 PRIOR PENSION LAW

of title 38, United States Code, or under section 9(b) of the Veterans’ Pension Act of 1959, elects (in accordance with subsection

(a)(1) or (b)(2), as appropriate) before October 1, 1979, to receive

pension under such section as in effect after December 31, 1978,

the Secretary shall pay to such person an amount equal to the

amount by which the amount of pension benefits such person

would have received had such election been made on January 1,

1979, exceeds the amount of pension benefits actually paid to such

person for the period beginning on January 1, 1979, and ending on

the date preceding the date of such election.

(e) Whenever there is an increase under subsections (a)(3) and

(b)(4) in the annual income limitations with respect to persons

being paid pension under subsections (a)(2) and (b)(3), the Secretary shall publish such annual income limitations, as increased

pursuant to such subsections, in the Federal Register at the same

time as the material required by section 215(i)(2)(D) of the Social

Security Act is published by reason of a determination under section 215(i) of such Act.
(916)

MEMORIAL AFFAIRS

NATIONAL CEMETERIES ACT OF 1973, SECTION 6

(PUBLIC LAW 93–43)

SEC. 6 [38 U.S.C. 2404 note]. (a)(1) There are hereby transferred

from the Secretary of the Army to the Administrator of Veterans’ Affairs all jurisdiction over, and responsibility for, (A) all national

cemeteries (except the cemetery at the United States Soldiers’ and

Airmen’s Home and Arlington National Cemetery), and (B) any

other cemetery (including burial plots), memorial, or monument

under the jurisdiction of the Secretary of the Army immediately

preceding the effective date of this section (except the cemetery located at the United States Military Academy at West Point) which

the President determines would be appropriate in carrying out the

purposes of this Act.

(2) There are hereby transferred from the Secretary of the Navy

and the Secretary of the Air Force to the Administrator of Veterans’ Affairs all jurisdiction over, and responsibility for, any cemetery (including burial plots), memorial, or monument under the jurisdiction of either Secretary immediately preceding the effective

date of this section (except those cemeteries located at the United

States Naval Academy at Annapolis, the United States Naval

Home Cemetery at Philadelphia, and the United States Air Force

Academy at Colorado Springs) which the President determines

would be appropriate in carrying out the purposes of this Act.

(b) So much of the personnel, property, records, and unexpended

balances of appropriations, allocations and other funds available to,

or under the jurisdiction of, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force, in connection with functions transferred by this Act, as determined by the

Director of the Office of Management and Budget, are transferred

to the Administrator of Veterans’ Affairs.

(c) All offenses committed and all penalties and forfeitures incurred under any of the provisions of law amended or repealed by

this Act may be prosecuted and punished in the same manner and

with the same effect as if such amendments or repeals had not

been made.

(d) All rules, regulations, orders, permits, and other privileges

issued or granted by the Secretary of the Army, the Secretary of

the Navy, or the Secretary of the Air Force with respect to the

cemeteries, memorials, and monuments transferred to the Veterans’ Administration by this Act, unless contrary to the provisions

of such Act, shall remain in full force and effect until modified, suspended, overruled, or otherwise changed by the Administrator of
917 NATIONAL CEMETERIES ACT

Veterans’ Affairs, by any court of competent jurisdiction, or by operation of law.

(e) No suit, action, or other proceeding commenced by or against

any officer in his official capacity as an official of the Department

of the Army, the Department of the Navy, or the Department of the

Air Force with respect to functions transferred under subsection (a)

or (c) of this section shall abate by reason of the enactment of this

section. No cause of action by or against any such department with

respect to functions transferred under such subsection (a) or by or

against any officer thereof in his official capacity, shall abate by

reason of the enactment of this section. Causes of actions, suits, or

other proceedings may be asserted by or against the United States

or such officer of the Veterans’ Administration as may be appropriate and, in any litigation pending when this section takes effect,

the court may at any time, upon its own motion or that of any

party, enter an order which will give effect to the provisions of this

subsection. If before the date this section takes effect, any such department, or officer thereof in his official capacity, is a party to a

suit with respect to any function so transferred, such suit shall be

continued by the Administrator of Veterans’ Affairs.
(918)

EDUCATION

TITLE 10, UNITED STATES CODE

* * * * * * *

CHAPTER 1606—EDUCATIONAL ASSISTANCE FOR

MEMBERS OF THE SELECTED RESERVE

Sec.

16131. Educational assistance program: establishment; amount.

16132. Eligibility for educational assistance.

16133. Time limitation for use of entitlement.

16134. Termination of assistance.

16135. Failure to participate satisfactorily; penalties.

16136. Administration of program.

16137. Biennial report to Congress.

§ 16131. Educational assistance program: establishment;

amount

(a) To encourage membership in units of the Selected Reserve of

the Ready Reserve, the Secretary of each military department,

under regulations prescribed by the Secretary of Defense, and the

Secretary of Transportation, under regulations prescribed by the

Secretary with respect to the Coast Guard when it is not operating

as a service in the Navy, shall establish and maintain a program

to provide educational assistance to members of the Selected Reserve of the Ready Reserve of the armed forces under the jurisdiction of the Secretary concerned who agree to remain members of

the Selected Reserve for a period of not less than six years.

(b)(1) Except as provided in subsections (d) through (f), each educational assistance program established under subsection (a) shall

provide for payment by the Secretary concerned, through the Secretary of Veterans Affairs, to each person entitled to educational

assistance under this chapter who is pursuing a program of education of an educational assistance allowance at the following rates:

(A) $251 (as increased from time to time under paragraph

(2)) per month for each month of full-time pursuit of a program

of education;

(B) $188 (as increased from time to time under paragraph

(2)) per month for each month of three-quarter-time pursuit of

a program of education;

(C) $125 (as increased from time to time under paragraph

(2)) per month for each month of half-time pursuit of a program of education; and

(D) an appropriately reduced rate, as determined under regulations which the Secretary of Veterans Affairs shall pre-
919 RESERVE MONTGOMERY GI BILL

scribe, for each month of less than half-time pursuit of a program of education, except that no payment may be made to a

person for less than half-time pursuit if tuition assistance is

otherwise available to the person for such pursuit from the

military department concerned.

(2) With respect to any fiscal year, the Secretary shall provide a

percentage increase (rounded to the nearest dollar) in the rates

payable under subparagraphs (A), (B), and (C) of paragraph (1)

equal to the percentage by which—

(A) the Consumer Price Index (all items, United States city

average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase

is made, exceeds

(B) such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).

(c)(1) Educational assistance may be provided under this chapter

for pursuit of any program of education that is an approved program of education for purposes of chapter 30 of title 38.

(2) Subject to section 3695 of title 38, the maximum number of

months of educational assistance that may be provided to any person under this chapter is 36 (or the equivalent thereof in part-time

educational assistance).

(3)(A) Notwithstanding any other provision of this chapter or

chapter 36 of title 38, 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 title 38 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 the individual for pursuit of a course or courses

under this chapter if the Secretary of Veterans Affairs finds that

the individual—

(i) had to discontinue such course pursuit as a result of being

ordered to serve on active duty under section 12301(a),

12301(d), 12301(g), 12302, or 12304 of this title; 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), the individual’s 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 title 38 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).

(d)(1) Except as provided in paragraph (2), the amount of the

monthly educational assistance allowance payable to a person pursuing a full-time program of apprenticeship or other on-the-job

training under this chapter is—
RESERVE MONTGOMERY GI BILL 920

(A) for each of the first six months of the person’s pursuit of

such program, 75 percent of the monthly educational assistance allowance otherwise payable to such person under this

chapter;

(B) for each of the second six months of the person’s pursuit

of such program, 55 percent of such monthly educational assistance allowance; and

(C) for each of the months following the first 12 months of

the person’s pursuit of such program, 35 percent of such

monthly educational assistance allowance.

(2) In any month in which any person pursuing a program of

education consisting of a program of apprenticeship or other onthe-job training fails to complete 120 hours of training, the amount

of the monthly educational assistance allowance payable under this

chapter to the person shall be limited to the same proportion of the

applicable full-time rate as the number of hours worked during

such month, rounded to the nearest 8 hours, bears to 120 hours.

(3)(A) Except as provided in subparagraph (B), for each month

that such person is paid a monthly educational assistance allowance under this chapter, the person’s entitlement under this chapter shall be charged at the rate of—

(i) 75 percent of a month in the case of payments made in

accordance with paragraph (1)(A);

(ii) 55 percent of a month in the case of payments made in

accordance with paragraph (1)(B); and

(iii) 35 percent of a month in the case of payments made in

accordance with paragraph (1)(C).

(B) Any such charge to the entitlement shall be reduced proportionately in accordance with the reduction in payment under paragraph (2).

(e)(1)(A) The amount of the educational assistance allowance payable under this chapter to a person who enters into an agreement

to pursue, and is pursuing, a program of education exclusively by

correspondence is an amount equal to 55 percent of the established

charge which the institution requires nonveterans to pay for the

course or courses pursued by such person.

(B) For purposes of subparagraph (A), the term ‘‘established

charge’’ means the lesser of—

(i) the charge for the course or courses determined on the

basis of the lowest extended time payment plan offered by the

institution and approved by the appropriate State approving

agency; or

(ii) the actual charge to the person for such course or

courses.

(C) Such allowance shall be paid quarterly on a pro rata basis

for the lessons completed by the person and serviced by the institution.

(2) In each case in which the amount of educational assistance

is determined under paragraph (1), the period of entitlement of the

person concerned shall be charged with one month for each amount

equal to the amount of the monthly rate payable under subsection

(b)(1)(A) for the fiscal year concerned which is paid to the individual as an educational assistance allowance.
921 RESERVE MONTGOMERY GI BILL

(f)(1) Each individual who is pursuing a program of education

consisting exclusively of flight training approved as meeting the requirements of section 16136(c) of this title shall be paid an educational assistance allowance under this chapter in the amount

equal to 60 percent of the established charges for tuition and fees

which similarly circumstanced nonveterans enrolled in the same

flight course are required to pay.

(2) No educational assistance allowance may be paid under this

chapter to an individual for any month during which such individual is pursing a program of education consisting exclusively of

flight training until the Secretary has received from that individual

and the institution providing such training a certification of the

flight training received by the individual during that month and

the tuition and other fees charged for that training.

(3) The period of entitlement of an individual pursuing a program of education described in paragraph (1) shall be charged with

one month for each amount equal to the amount of the monthly

rate payable under subsection (b)(1)(A) for the fiscal year concerned

which is paid to that individual as an educational assistance allowance for such program.

(4) The number of solo flying hours for which an individual may

be paid an educational assistance allowance under this subsection

may not exceed the minimum number of solo flying hours required

by the Federal Aviation Administration for the flight rating or certification which is the goal of the individual’s flight training.

(g)(1)(A) Subject to subparagraph (B), the Secretary of Veterans

Affairs shall approve individualized tutorial assistance for any person entitled to educational assistance under this chapter who—

(i) is enrolled in and pursuing a postsecondary course of education on a half-time or more basis at an educational institution; and

(ii) has a deficiency in a subject required as a part of, or

which is prerequisite to, or which is indispensable to the satisfactory pursuit of, the program of education.

(B) The Secretary of Veterans Affairs shall not approve individualized tutorial assistance for a person pursuing a program of education under this paragraph unless such assistance is necessary for

the person to successfully complete the program of education.

(2)(A) Subject to subparagraph (B), the Secretary concerned,

through the Secretary of Veterans Affairs, shall pay to a person receiving individualized tutorial assistance pursuant to paragraph (1)

a tutorial assistance allowance. The amount of the allowance payable under this paragraph may not exceed $100 for any month, nor

aggregate more than $1,200. The amount of the allowance paid

under this paragraph shall be in addition to the amount of educational assistance allowance payable to a person under this

chapter.

(B) A tutorial assistance allowance may not be paid to a person

under this paragraph until the educational institution at which the

person is enrolled certifies that— (i) the individualized tutorial assistance is essential to correct a deficiency of the person in a subject required as a part

of, or which is prerequisite to, or which is indispensable to the

satisfactory pursuit of, an approved program of education;
RESERVE MONTGOMERY GI BILL 922

(ii) the tutor chosen to perform such assistance is qualified

to provide such assistance and is not the person’s parent,

spouse, child (whether or not married or over eighteen years

of age), brother, or sister; and

(iii) the charges for such assistance do not exceed the customary charges for such tutorial assistance.

(3)(A) A person’s period of entitlement to educational assistance

under this chapter shall be charged only with respect to the

amount of tutorial assistance paid to the person under this subsection in excess of $600.

(B) A person’s period of entitlement to educational assistance

under this chapter shall be charged at the rate of one month for

each amount of assistance paid to the individual under this section

in excess of $600 that is equal to the amount of the monthly educational assistance allowance which the person is otherwise eligible

to receive for full-time pursuit of an institutional course under this

chapter.

(h) A program of education in a course of instruction beyond the

baccalaureate degree level shall be provided under this chapter,

subject to the availability of appropriations.

(i)(1) In the case of a person who has a skill or specialty designated by the Secretary concerned as a skill or specialty in which

there is a critical shortage of personnel or for which it is difficult

to recruit or, in the case of critical units, retain personnel, the Secretary concerned may increase the rate of the educational assistance allowance applicable to that person to such rate in excess of

the rate prescribed under subparagraphs (A) through (D) of subsection (b)(1) as the Secretary of Defense considers appropriate, but

the amount of any such increase may not exceed $350 per month.

(2) In the case of a person who has a skill or specialty designated

by the Secretary concerned as a skill or specialty in which there

is a critical shortage of personnel or for which it is difficult to recruit or, in the case of critical units, retain personnel, who is eligible for educational benefits under chapter 30 (other than section

3012) of title 38 and who meets the eligibility criteria specified in

subparagraphs (A) and (B) of section 16132(a)(1) of this title, the

Secretary concerned may increase the rate of the educational assistance allowance applicable to that person to such rate in excess

of the rate prescribed under section 3015 of title 38 as the Secretary of Defense considers appropriate, but the amount of any

such increase may not exceed $350 per month.

(3) The authority provided by paragraphs (1) and (2) shall be exercised by the Secretaries concerned under regulations prescribed

by the Secretary of Defense.

(Added as § 2131 P.L. 95–79, § 402(a), July 30, 1977, 91 Stat. 328, [amended several times], revised in its entirety P.L. 98–525, § 705(a), Oct. 19, 1984, 98 Stat. 2564; amended P.L. 100–689,

§§ 110(a), 111(b), Nov. 18, 1988, 102 Stat. 4170, 4172; P.L. 101–189, §§ 642(a), (b), 645(a)(1),

(b)(1), Nov. 29, 1989, 103 Stat. 1456, 1458; P.L. 101–237, § 422(b)(2), Dec. 18, 1989, 103 Stat.

2089; P.L. 102–25, § 337(g), April 6, 1991, 105 Stat. 90; P.L. 102–127, § 2(d), Oct. 10, 1991, 105

Stat. 621; P.L. 102–568, §§ 301(b), (d), 310(b), 318, 320(a)(1), Oct. 29, 1992, 106 Stat. 4326, 4330,

4334, 4335; P.L. 103–66, § 12009(b), Aug. 10, 1993, 107 Stat. 416; P.L. 103–160, § 518, Nov. 30,

1993, 107 Stat. 1651; transferred, redesignated § 16131, and amended P.L. 103–337,

§ 1663(b)(2),(3), Oct. 5, 1994, 108 Stat. 3006, 3007; P.L. 104–106, § 1076, Feb. 10, 1996, 110 Stat.

450; P.L. 104–275, § 105(d), Oct. 9, 1986, 110 Stat. 3326; P.L. 105–85, § 553(a), Nov. 18, 1997,

111 Stat. 1748; P.L. 105–178, § 8203(b), June. 9, 1998, 112 Stat. 493; P.L. 106–65, § 1066(a)(33),

Oct. 5, 1999, 113 Stat. 772.)
923 RESERVE MONTGOMERY GI BILL

§ 16132. Eligibility for educational assistance

(a) A person who—

(1) after June 30, 1985—

(A) enlists, reenlists, or extends an enlistment as a Reserve for service in the Selected Reserve for a period of not

less than six years; or

(B) is appointed as, or is serving as, a reserve officer and

agrees to serve in the Selected Reserve for a period of not

less than six years in addition to any other period of obligated service in the Selected Reserve to which the person

may be subject; and

(2) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or an

equivalency certificate);

is entitled to educational assistance under section 16131 of this

title.

(b) Educational assistance may not be provided to a member

under this chapter until the member has completed the initial period of active duty for training required of the member.

(c) Each person who becomes entitled to educational assistance

under subsection (a) shall at the time the person becomes so entitled be given a statement in writing summarizing the provisions of

this chapter and stating clearly and prominently the substance of

sections 16134 and 16135 of this title as such sections may apply

to the person. At the request of the Secretary of Veterans Affairs,

the Secretary of Defense shall transmit a notice of entitlement for

each such person to that Secretary.

(d) A person who serves in the Selected Reserve may not receive

credit for such service under both the program established by chapter 30 of title 38 and the program established by this chapter but

shall elect (in such form and manner as the Secretary of Veterans

Affairs may prescribe) the program to which such service is to be

credited. However, a person may not receive credit under the program established by this chapter for service (in any grade) on fulltime active duty or full-time National Guard duty for the purpose

of organizing, administering, recruiting, instructing, or training the

reserve components in a position which is included in the end

strength required to be authorized each year by section 115(a)(1)(B)

of this title.

(Added as § 2132 P.L. 95–79, § 402(a), July 30, 1977, 91 Stat. 329, [amended several times], revised in its entirety P.L. 98–525, § 705(a), Oct. 19, 1984, 98 Stat. 2565; amended P.L. 100–48,

§ 4, June 1, 1987, 101 Stat. 331; P.L. 100–689, §§ 110(b), 111(b) (1), (2), (3), and (4), Nov. 18,

1988, 102 Stat. 4170, 4172, 4173; P.L. 101–189, §§ 643(a), 645(a)(1), (2), (b)(2), Nov. 29, 1989,

103 Stat. 1458; P.L. 102–25, § 701(f)(6), April 6, 1991, 105 Stat. 115; transferred, redesignated

§ 16132, and amended P.L. 103–337, § 1663(b)(2),(4), Oct. 5, 1994, 108 Stat. 3006, 3007; P.L.

104–106, § 1501(b)(34), Feb. 10, 1996, 110 Stat. 498; P.L. 106–419, § 102(d), Nov. 1, 2000, 114

Stat. 1825.)

§ 16133. Time limitation for use of entitlement

(a) Except as provided in subsection (b), the period during which

a person entitled to educational assistance under this chapter may

use such person’s entitlement expires (1) at the end of the 10-year

period beginning on the date on which such person becomes entitled to such assistance, or (2) on the date the person is separated

from the Selected Reserve, whichever occurs first.
RESERVE MONTGOMERY GI BILL 924

(b)(1) In the case of a person— (A) who is separated from the Selected Reserve because of a

disability which was not the result of the individual’s own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter; or

(B) who, on or after the date on which such person became

entitled to educational assistance under this chapter ceases to

be a member of the Selected Reserve during the period beginning on October 1, 1991, and ending on December 31, 2001, by

reason of the inactivation of the person’s unit of assignment or

by reason of involuntarily ceasing to be designated as a member of the Selected Reserve pursuant to section 10143(a) of this

title,

the period for using entitlement prescribed by subsection (a) shall

be determined without regard to clause (2) of such subsection.

(2) The provisions of section 3031(f) of title 38 shall apply to the

period of entitlement prescribed by subsection (a).

(3) The provisions of section 3031(d) of title 38 shall apply to the

period of entitlement prescribed by subsection (a) in the case of a

disability incurred in or aggravated by service in the Selected Reserve.

(4) In the case of a member of the Selected Reserve of the Ready

Reserve who serves on active duty pursuant to an order to active

duty issued under section 12301(a), 12301(d), 12301(g), 12302, or

12304 of this title— (A) the period of such active duty service plus four months

shall not be considered in determining the expiration date applicable to such member under subsection (a); and

(B) the member may not be considered to have been separated from the Selected Reserve for the purposes of clause (2)

of such subsection by reason of the commencement of such active duty service.

(Added as § 2133 P.L. 95–79, § 402(a), July 30, 1977, 91 Stat. 329, [amended several times], revised in its entirety P.L. 98–525, § 705(a), Oct. 19, 1984, 98 Stat. 2566; amended P.L. 100–456,

§ 1233(g)(2), Sept. 29, 1988, 102 Stat. 2058; P.L. 100–689, § 111(b)(5), Nov. 18, 1988, 102 Stat.

4173; P.L. 102–127, § 3, Oct. 10, 1991, 105 Stat. 622; P.L. 102–484, § 4419(a), Oct. 23, 1992, 106

Stat. 2717; P.L. 102–568, § 320(a)(2), Oct. 29, 1992, 106 Stat. 4336; P.L. 103–160, § 561(m), Nov.

30, 1993, 107 Stat. 1668; transferred, redesignated § 16133, and amended P.L. 103–337,

§ 1663(b)(2),(5), Oct. 5, 1994, 108 Stat. 3006, 3007; P.L. 105–85, § 553(b), Nov. 18, 1997, 111 Stat.

1748; P.L. 105–261, § 561(q), Oct. 17, 1998, 112 Stat. 2027; P.L. 106–398, § 1[571(p)], Oct. 30,

2000, 114 Stat. 1654, 1654A–135.)

§ 16134. Termination of assistance

Educational assistance may not be provided under this chapter—

(1) to a member receiving financial assistance under section

2107 of this title as a member of the Senior Reserve Officer’s

Training Corps program; or

(2) to a member who fails to participate satisfactorily in required training as a member of the Selected Reserve.

(Added as § 2134 P.L. 95–79, § 402(a), July 30, 1977, 91 Stat. 330, [amended several times], revised in its entirety P.L. 98–525, § 705(a), Oct. 19, 1984, 98 Stat. 2566; transferred and redesignated § 16134 P.L. 103–337, § 1663(b)(2), Oct. 5, 1994, 108 Stat. 3006.)

§ 16135. Failure to participate satisfactorily; penalties

(a)(1) A member of the Selected Reserve of the Ready Reserve of

an armed force who fails to participate satisfactorily in required
925 RESERVE MONTGOMERY GI BILL

training as a member of the Selected Reserve during a term of enlistment or other period of obligated service that created entitlement of the member to educational assistance under this chapter,

and during which the member has received such assistance, shall,

at the option of the Secretary concerned— (A) be ordered to active duty for a period of two years or the

period of obligated service the person has remaining under section 16132 of this title, whichever is less; or

(B) be required to refund to the United States an amount determined under subsection (b).

(2) The Secretary concerned may waive the requirements of paragraph (1), or may reduce the amount of any refund under clause

(B) of such paragraph, in the case of any individual member when

the Secretary determines that the failure to participate satisfactorily was due to reasons beyond the control of the member.

(3) Any refund by a member under this section shall not affect

the period of obligation of such member to serve as a Reserve in

the Selected Reserve.

(b)(1) The amount of a refund under subsection (a) shall be the

amount equal to the product of—

(A) the number of months of obligated service the person has

remaining under the agreement entered into under section

16131(a) of this title divided by the original number of months

of such obligation; and

(B) the total amount of educational assistance provided to

the member under this chapter,

as increased by interest determined under paragraph (2).

(2) The amount computed under paragraph (1) shall bear interest

at the rate equal to the highest rate being paid by the United

States on the day on which the refund is determined to be due for

securities having maturities of 90 days or less and shall accrue

from the day on which the member is first notified of the amount

due to the United States as a refund under this section.

(Added as § 2135 P.L. 95–79, § 402(a), July 30, 1977, 91 Stat. 330, [amended several times], revised in its entirety P.L. 98–525, § 705(a), Oct. 19, 1984, 98 Stat. 2566; amended P.L. 100–689,

§ 111(b)(6), Nov. 18, 1988, 102 Stat. 4175; transferred, redesignated § 16135, and amended P.L.

103–337, § 1663(b)(2),(6), Oct. 5, 1994, 108 Stat. 3006, 3007, P.L. 104–106, § 1501(b)(35), Feb.

10, 1996, 110 Stat. 498.)

§ 16136. Administration of program

(a) Educational assistance under this chapter shall be provided

through the Department of Veterans Affairs, under agreements to

be entered into by the Secretary of Defense, and by the Secretary

of Transportation, with the Secretary of Veterans Affairs. Such

agreements shall include administrative procedures to ensure the

prompt and timely transfer of funds from the Secretary concerned

to the Department of Veterans Affairs for the making of payments

under this chapter.

(b) Except as otherwise provided in this chapter, the provisions

of sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of title

38 and the provisions of subchapters I and II of chapter 36 of such

title (with the exception of sections 3686(a), 3687, and 3692) shall

be applicable to the provision of educational assistance under this

chapter. The term ‘‘eligible veteran’’ and the term ‘‘a person’’, as

used in those provisions, shall be deemed for the purpose of the ap-
RESERVE MONTGOMERY GI BILL 926

plication of those provisions to this chapter to refer to a person eligible for educational assistance under this chapter.

(c) The Secretary of Veterans Affairs may approve the pursuit of

flight training (in addition to a course of flight training that may

be approved under section 3680A(b) of title 38) by an individual entitled to educational assistance under this chapter if—

(1) such training is generally accepted as necessary for the

attainment of a recognized vocational objective in the field of

aviation;

(2) the individual possesses a valid private pilot certificate

and meets, on the day the individual begins a course of flight

training, the medical requirements necessary for a commercial

pilot certificate; and

(3) the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the

Federal Aviation Administration and the Sate approving

agency.

(Added as § 2136 P.L. 98–525, § 705(a), Oct. 19, 1984, 98 Stat. 2567; amended P.L. 101–189,

§§ 642(c), 645(a)(1), Nov. 29, 1989, 103 Stat. 1457, 1458; P.L. 101–237, §§ 405(d)(3), 422(b)(1),

Dec. 18, 1989, 103 Stat. 2081, 2089; P.L. 101–510, § 1484(j)(3), Nov. 5, 1990, 104 Stat. 1718;

P.L. 102–16, § 10(b), Mar. 22, 1991, 105 Stat. 56; P.L. 102–568, §§ 313(a)(6), 319, Oct. 29, 1992,

106 Stat. 4333, 4335, 4336; transferred and redesignated § 16136 P.L. 103–337, § 1663(b)(2), Oct.

5, 1994, 108 Stat. 3006; P.L. 103–446,§ 601(c), Nov. 2, 1994, 108 Stat. 4670; P.L. 105–368,

§ 204(b), Nov. 11, 1998, 112 Stat 3327.)

§ 16137. Biennial report to Congress

The Secretary of Defense shall submit to Congress a report not

later than March 1 of each odd-numbered year concerning the operation of the educational assistance program established by this

chapter during the preceding two fiscal years. Each such report

shall include the number of members of the Selected Reserve of the

Ready Reserve of each armed force receiving, and the number entitled to receive, educational assistance under this chapter during

those fiscal years. The Secretary may submit the report more frequently and adjust the period covered by the report accordingly.

(Added as § 2137 P.L. 98–525, § 705(a), Oct. 19, 1984, 98 Stat. 2567; transferred and redesignated § 16137 P.L. 103–337, § 1663(b)(2), Oct. 5, 1994, 108 Stat. 3006; amended P.L. 104–106,

§ 1077, Feb. 10, 1996, 110 Stat. 451; amended in its entirety P.L. 106–65, § 548(a), Oct. 5, 1999,

113 Stat. 609.)
(927)

INFORMATION TO ASSIST VETERANS RECEIVING

EDUCATION BENEFITS

Section 421 of Public Law 101–237 (Dec. 18, 1989, 103 Stat.

2088) provides:

SEC. 421. INFORMATION TO ASSIST VETERANS RECEIVING EDUCATION BENEFITS.

(a) IN GENERAL.—For the purpose of assisting individuals receiving education benefits from the Department of Veterans Affairs,

the Secretary of Veterans Affairs shall prepare, and update periodically, a document containing a detailed description of the benefits,

limitations, procedures, requirements, and other important aspects

of the education programs administered by the Department.

(b) DISTRIBUTION.—The Secretary shall, beginning in fiscal year

1990 but not before July 1, 1990, distribute copies of such

document—

(1) to each individual applying for benefits under an education program administered by the Department of Veterans

Affairs and to each such individual at least annually in the

years thereafter in which the individual receives such benefits;

(2) to education and training institution officials on at least

an annual basis; and

(3) upon request, to other individuals significantly affected

by education programs administered by the Secretary, including military education personnel.

(c) FUNDING.—The Secretary shall use funds appropriated to the

readjustment benefits account of the Department to carry out this

section.
(928)

BENEFITS

EXPEDITED TREATMENT OF REMANDED CLAIMS

Section 302 of Public Law 103–446 provides:

SEC. 302 [38 U.S.C. 5101 note]. EXPEDITED TREATMENT OF REMANDED

CLAIMS.

The Secretary of Veterans Affairs shall take such actions as may

be necessary to provide for the expeditious treatment, by the Board

of Veterans’ Appeals and by the regional offices of the Veterans

Benefits Administration, of any claim that has been remanded by

the Board of Veterans’ Appeals or by the United States Court of

Veterans Appeals for additional development or other appropriate

action.
(929)

VETERANS’ BENEFITS IMPROVEMENT ACT OF 1996

* * * * * * *

SEC. 303 [38 U.S.C. 4104 note]. PILOT PROGRAM TO INTEGRATE AND

STREAMLINE FUNCTIONS OF LOCAL VETERANS’ EMPLOYMENT REPRESENTATIVES.

(a) AUTHORITY TO CONDUCT PILOT PROGRAM.—In order to assess

the effects on the timeliness and quality of services to veterans resulting from re-focusing the staff resources of local veterans’ employment representatives, the Secretary of Labor may conduct a

pilot program under which the primary responsibilities of local veterans’ employment representatives will be case management and

the provision and facilitation of direct employment and training

services to veterans.

(b) AUTHORITIES UNDER CHAPTER 41.—To implement the pilot

program, the Secretary of Labor may suspend or limit application

of those provisions of chapter 41 of title 38, United States Code

(other than subsections (b)(1) and (c) of section 4104) that pertain

to the Local Veterans’ Employment Representative Program in

States designated by the Secretary under subsection (d), except

that the Secretary may use the authority of such chapter, as the

Secretary may determine, in conjunction with the authority of this

section, to carry out the pilot program. The Secretary may collect

such data as the Secretary considers necessary for assessment of

the pilot program. The Secretary shall measure and evaluate on a

continuing basis the effectiveness of the pilot program in achieving

its stated goals in general, and in achieving such goals in relation

to their cost, their effect on related programs, and their structure

and mechanisms for delivery of services.

(c) TARGETED VETERANS.—Within the pilot program, eligible veterans who are among groups most in need of intensive services, including disabled veterans, economically disadvantaged veterans,

and veterans separated within the previous four years from active

military, naval, or air service shall be given priority for service by

local veterans’ employment representatives. Priority for the provision of service shall be given first to disabled veterans and then to

the other categories of veterans most in need of intensive services

in accordance with priorities determined by the Secretary of Labor

in consultation with appropriate State labor authorities.

(d) STATES DESIGNATED.—The pilot program shall be limited to

not more than five States to be designated by the Secretary of

Labor.

(e) REPORTS TO CONGRESS.—(1) Not later than one year after the

date of the enactment of this Act [Oct. 9, 1996], the Secretary of

Labor shall submit to the Committees on Veterans’ Affairs of the

Senate and the House of Representatives an interim report describ-
BENEFITS IMPROVEMENT ACT OF 1996 930

ing in detail the development and implementation of the pilot program on a State by State basis.

(2) Not later than 120 days after the expiration of this section

under subsection (h), the Secretary of Labor shall submit to the

Committees on Veterans’ Affairs of the Senate and the House of

Representatives a final report evaluating the results of the pilot

program and make recommendations based on the evaluation,

which may include legislative recommendations.

(f) DEFINITIONS.—For the purposes of this section:

(1) The term ‘‘veteran’’ has the meaning given such term by

section 101(2) of title 38, United States Code.

(2) The term ‘‘disabled veteran’’ has the meaning given such

term by section 4211(3) of such title.

(3) The term ‘‘active military, naval, or air service’’ has the

meaning given such term by section 101(24) of such title.

(g) ALLOCATION OF FUNDS.—Any amount otherwise available for

fiscal year 1997, 1998, or 1999 to carry out section 4102A(b)(5) of

title 38, United States Code, with respect to a State designated by

the Secretary of Labor pursuant to subsection (d) shall be available

to carry out the pilot program during that fiscal year with respect

to that State.

(h) EXPIRATION DATE.—The authority to carry out the pilot program under this section shall expire on October 1, 1999.

* * * * * * *

SEC. 504 [38 U.S.C. 5101 note]. PILOT PROGNAM FOR USE OF CONTRACT

PHYSICIANS FOR DISABILITY EXAMINATIONS.

(a) AUTHORITY.—The Secretary of Veterans Affairs, acting

through the Under Secretary for Benefits, may conduct a pilot program under this section under which examinations with respect to

medical disability of applicants for benefits under laws administered by the Secretary that are carried out through the Under Secretary for Benefits may be made by persons other than employees

of the Department of Veterans Affairs. Any such examination shall

be performed pursuant to contracts entered into by the Under Secretary for Benefits with those persons.

(b) LIMITATION.—The Secretary may carry out the pilot program

under this section through not more than 10 regional offices of the

Department of Veterans Affairs.

(c) SOURCE OF FUNDS.—Payments for contracts under the pilot

program under this section shall be made from amounts available

to the Secretary of Veterans Affairs for payment of compensation

and pensions.

(d) REPORT TO CONGRESS.—Not later than three years after the

date of the enactment of this Act, the Secretary shall submit to the

Congress a report on the effect of the use of the authority provided

by subsection (a) on the cost, timeliness, and thoroughness of medical disability examinations.

* * * * * * *
931 BENEFITS IMPROVEMENT ACT OF 1996

TITLE VII–COMMISSION ON SERVICEMEMBERS AND

VETERANS TRANSITION ASSISTANCE

SEC. 701 [38 U.S.C. 545 note]. ESTABLISHMENT OF COMMISSION.

(a) ESTABLISHMENT.—There is established a commission to be

known as the Commission on Servicemembers and Veterans Transition Assistance (hereafter in this title referred to as the ‘‘Commission’’).

(b) MEMBERSHIP.—(1) The Commission shall be composed of 12

members appointed from among private United States citizens with

appropriate and diverse experiences, expertise, and historical perspectives on veterans, military, organizational, and management

matters. The members shall be appointed as follows:

(A) Four shall be appointed jointly by the chairman and

ranking minority member of the Committee on Veterans’ Affairs of the House of Representatives.

(B) Four shall be appointed jointly by the chairman and

ranking minority member of the Committee on Veterans’ Affairs of the Senate.

(C) Two shall be appointed jointly by the chairman and ranking minority member of the Committee on National Security of

the House of Representatives.

(D) Two shall be appointed jointly by the chairman and

ranking minority member of the (Committee on Armed Services of the Senate.

(2)(A) One member of the Commission appointed under each of

subparagraphs (A) and (B) of paragraph (1) shall be a representative of a veterans service organization.

(B) To the maximum extent practicable, the individuals appointed under paragraph (1) as members of the Commission shall

be veterans.

(C) Not more than seven of the members of the Commission may

be members of the same political party.

(3) In addition to the members appointed under paragraph (1),

the following shall be nonvoting members of the Commission:

(A) The Under Secretary for Benefits of the Department of

Veterans Affairs.

(B) The Assistant Secretary of Defense for Force Management and Personnel.

(C) The Assistant Secretary of Labor for Veterans’ Employment and Training.

(4) The appointments of members of the Commission shall to the

maximum extent practicable, be made after consultation with representatives of veterans service organizations.

(5) The appointments of the members of the Commission shall be

made not later than 45 days after the date of the enactment of this

Act.

(c) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.

(d) INITIAL MEETING.—Not later than 30 days after the date on

which all members of the Commission have been appointed under

subsection (b)(1), the Commission shall hold its first meeting.
BENEFITS IMPROVEMENT ACT OF 1996 932

(e) QUORUM.—A majority of the members of the Commission

shall constitute a quorum, but a lesser number may hold hearings.

(f) CHAIRMAN AND VICE CHAIRMAN.—The Commission shall select

a chairman and vice chairman from among its members.

(g) MEETINGS.—The Commission shall meet at the call of the

chairman of the Commission.

(h) PANELS.—The Commission may establish panels composed of

less than the full membership of the Commission for the purpose

of carrying out the Commission’s duties. The actions of such panels

shall be subject to the review and control of the Commission. Any

findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless

approved by the Commission.

(i) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.—Any

member or agent of the Commission may, if authorized by the

Commission, take any action which the Commission is authorized

to take under this title.

SEC. 702 [38 U.S.C. 545 note]. DUTIES OF COMMISSION.

(a) IN GENERAL.—The Commission shall—

(1) review the adequacy and effectiveness of veterans transition assistance and benefits programs in providing assistance

to members of the Armed Forces in making the transition and

adjustment to civilian life;

(2) review the allocation under law of responsibility for the

administration of veterans transition assistance and benefits

programs among the various departments and agencies of the

Government and determine the feasibility and desirability of

consolidating such administration

(3) evaluate proposals for improving such programs, including proposals for alternative means of providing services delivered by such programs; and

(4) make recommendations to Congress regarding the need

for improvements in such programs.

(b) REVIEW OF PROGRAMS TO ASSIST MEMBERS OF THE ARMED

FORCES AT SEPARATION.—(1) While carrying out the general duties

specified in subsection (a), the members of the Commission appointed under subparagraphs (C) and (D) of section 701(b)(1) and

the member specified in subparagraph (B) of section 701(b)(3) shall

review primarily the programs intended to assist members of the

Armed Forces at the time of their separation from service in the

Armed Forces, including programs designed to assist families of

such members.

(2) In carrying out the review, those members of the Commission

shall determine the following:

(A) The adequacy of the programs referred to in paragraph

(1) for their purposes.

(B) The adequacy of the support of the Armed Forces for

such programs.

(C) The adequacy of funding levels for such programs.

(D) The effect, if any, of the existence of such programs on

military readiness.

(E) The extent to which such programs provide members of

the Armed Forces with job-search skills.
933 BENEFITS IMPROVEMENT ACT OF 1996

(F) The extent to which such programs prepare such members for employment in the private sector and in the public sector.

(G) The effectiveness of such programs in assisting such

members in finding employment in the public sector upon their

separation from service.

(H) The ways in which such programs could be improved.

(3) In carrying out the review, the Commission shall make use

of previous studies which have been made of such programs.

(c) REVIEW OF PROGRAMS TO ASSIST VETERANS.—(1) While carrying out the general duties specified in subsection (a), the members of the Commission appointed under subparagraphs (A) and (B)

of section 701(b)(1) and the members specified in subparagraphs

(A) and (C) of section 701(b)(3) shall review the following programs:

(A) Educational assistance programs.

(B) Job counseling, job training, and job placement services

programs.

(C) Rehabilitation and training programs.

(D) Housing loan programs.

(E) Small business loan and small business assistance

programs.

(F) Employment and employment training programs for employment in the public sector and the private sector, including

employer training programs and union apprenticeship programs.

(G) Government personnel policies (including veterans’ preference policies) and the enforcement of such policies.

(H) Programs that prepare the families of members of the

Armed Forces for their transition from military life to civilian

life and facilitate that transition.

(2) In carrying out the review, such members of the Commission

shall determine the following:

(A) The adequacy of the programs referred to in paragraph

(1) for their purposes.

(B) The adequacy of the support of the Department of Veterans Affairs for such programs.

(C) The adequacy of funding levels for such programs.

(D) The extent to which such programs provide veterans

with job-search skills.

(E) The extent to which such programs prepare veterans for

employment in the private sector and in the public sector.

(F) The effectiveness of such programs in assisting veterans

in finding employment in the public sector upon their separation from service.

(G) The ways in which such programs could be improved.

(d) REPORTS.—(1) Not later than 90 days after the date on which

all members of the Commission have been appointed under section

701(b)(1), the Commission shall submit to the Committees on Veterans’ Affairs and Armed Services of the Senate and the Committees on Veterans’ Affairs and National Security of the House of

Representatives a report setting forth a plan for the work of the

Commission. The Commission shall develop the plan in consultation with the Secretary of Defense, the Secretary of Veterans Af-
BENEFITS IMPROVEMENT ACT OF 1996 934

fairs, the Secretary of Labor, and the heads of other appropriate

departments and agencies of the Government.

(2)(A) Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit to the committees referred to in paragraph (1), and to the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of

Labor, a report setting forth the activities, findings, and recommendations of the Commission, including any recommendations

for legislative action and administrative action as the Commission

considers appropriate.

(B) Not later than 90 days after receiving the report referred to

in subparagraph (A), the Secretary of Defense, the Secretary of

Veterans Affairs, and the Secretary of Labor shall jointly transmit

the report to Congress, together with the Secretaries’ comments on

the report.

SEC. 703 [38 U.S.C. 545 note]. POWERS OF COMMISSION.

(a) HEARINGS.—The Commission may hold such hearings, sit and

act at such times and places, take such testimony, and receive such

evidence as the Commission considers advisable to carry out the

purposes of this title.

(b) INFORMATION FROM FEDERAL AGENCIES.—The Commission

may secure directly from the Department of Defense, the Department of Veterans Affairs, and any other department or agency of

the Government such information as the Commission considers

necessary to carry out its duties under this title. Upon request of

the chairman of the Commission, the head of such department or

agency shall furnish such information expeditiously to the Commission.

SEC. 704 [38 U.S.C. 545 note]. MISCELLANEOUS ADMINISTRATIVE

PROVISIONS.

(a) POSTAL SERVICES.—The Commission may use the United

States mails in the same manner and under the same conditions

as other departments and agencies of the Government.

(b) GIFTS.—The Commission may accept, use, and dispose of gifts

or donations of services or property.

(c) MISCELLANEOUS ADMINISTRATIVE SUPPORT.—The Secretary of

Defense, the Secretary of Veterans Affairs, and the Secretary of

Labor shall, upon the request of the chairman of the Commission

furnish the Commission, on a reimbursable basis, any administrative and support services as the Commission may require.

SEC. 705 [38 U.S.C. 545 note]. COMMISSION PERSONNEL MATTERS.

(a) COMPENSATION OF MEMBERS.—Each member of the Commission may be compensated at a rate equal to the daily equivalent

of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for

each day (including travel time) during which such member is engaged in performing the duties of the Commission.

(b) TRAVEL AND TRAVEL EXPENSES.—(1) Members and personnel

of the Commission may travel on military aircraft, military vehicles, or other military conveyances when travel is necessary in the

performance of a duty of the Commission except when the cost of

commercial transportation is less expensive.
935 BENEFITS IMPROVEMENT ACT OF 1996

(2) The members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of

title 5, United States Code, while away from their homes or regular

places of business in the performance of services for the Commission.

(c) STAFF.—(1) The chairman of the Commission may, without regard to civil service laws and regulations, appoint and terminate

an executive director and up to five additional staff members as

may be necessary to enable the Commission to perform its duties.

In appointing an individual as executive director, the chairman

shall, to the maximum extent practicable, attempt to appoint an individual who is a veteran. The employment of an executive director

shall be subject to confirmation by the Commission.

(2) The chairman of the Commission may fix the compensation

of the executive director and other personnel without regard to the

provisions of chapter 51 and subchapter III of chapter 53 of title

5, United States Code, relating to classification of positions and

General Schedule pay rates, except that the rate of pay for the executive director and other staff members may not exceed the rate

payable for level V of the Executive Schedule under section 5316

of such title.

(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the

chairman of the Commission, the head of any department or agency of the Government may detail, on a nonreimbursable basis, any

personnel of the department or agency to the Commission to assist

the Commission in carrying out its duties.

(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—

The chairman of the Commission may procure temporary and

intermittent services under section 3109(b) of title 5, United States

Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the

Executive Schedule under section 5315 of such title.

SEC. 706 [38 U.S.C. 545 note]. TERMINATION OF COMMISSION.

The Commission shall terminate 90 days after the date on which

it submits its report under section 702(d)(2).

SEC. 707 [38 U.S.C. 545 note]. DEFINITIONS.

For the purposes of this title:

(1) The term ‘‘veterans transition assistance and benefits

program’’ means any program of the Government the purpose

of which is—

(A) to assist, by rehabilitation or other means, members

of the Armed Forces in readjusting or otherwise making

the transition to civilian life upon their separation from

service in the Armed Forces; or

(B) to assist veterans in making the transition to civilian

life.

(2) The term ‘‘Armed Forces’’ has the meaning given term in

section 101(10) of title 38, United States Code.

(3) The term ‘‘veteran’’ has the meaning given such term in

section 101(2) of title 38, United States Code.
BENEFITS IMPROVEMENT ACT OF 1996 936

(4) The term ‘‘veterans service organization’’ means any organization covered by section 5902(a) of title 38, United States

Code.

SEC. 708 [38 U.S.C. 545 note]. FUNDING.

(a) IN GENERAL.—The Secretary of Defense shall, upon the request of the chairman of the Commission, make available to the

Commission such amounts as the Commission may require to carry

out its duties under this title. The Secretary shall make such

amounts available from amounts appropriated for the Department

of Defense, except that such amounts may not be from amounts appropriated for the transition assistance program (TAP) the Army

career alumni program (ACAP), or any similar program.

(b) AVAILABILITY.—Any sums made available to the Commission

under subsection (a) shall remain available, without fiscal year limitation, until the termination of the Commission.
(937)

AUTHORITY TO TREAT CERTAIN SERVICE AS ACTIVE

DUTY FOR PURPOSES OF LAWS ADMINISTERED BY

THE SECRETARY OF VETERANS AFFAIRS

Section 401 of Public Law 95–202 provides:

SEC. 401 [38 U.S.C. 106 note]. ACTIVE DUTY STATUS.

(a)(1) Notwithstanding any other provision of law, the service of

any person as a member of the Women’s Air Forces Service Pilots

(a group of Federal civilian employees attached to the United

States Army Air Force during World War II), or the service of any

person in any other similarly situated group the members of which

rendered service to the Armed Forces of the United States in a capacity considered civilian employment or contractual service at the

time such service was rendered, shall be considered active duty for

the purposes of all laws administered by the Secretary of Veterans

Affairs if the Secretary of Defense, pursuant to regulations which

the Secretary shall prescribe—

(A) after a full review of the historical records and all other

available evidence pertaining to the service of any such group,

determines, on the basis of judicial and other appropriate

precedent, that the service of such group constituted active

military service, and

(B) in the case of any such group with respect to which such

Secretary has made an affirmative determination that the

service of such group constituted active military service, issues

to each member of such group a discharge from such service

under honorable conditions where the nature and duration of

the service of such member so warrants.

Discharges issued pursuant to the provisions of the first sentence

of this paragraph shall designate as the date of discharge that

date, as determined by the Secretary of Defense, on which such

service by the person concerned was terminated.

(2) In making a determination under clause (A) of paragraph (1)

of this subsection with respect to any group described in such paragraph, the Secretary of Defense may take into consideration the extent to which— (A) such group received military training and acquired a

military capability or the service performed by such group was

critical to the success of a military mission,

(B) the members of such group were subject to military justice, discipline, and control,

(C) the members of such group were permitted to resign,

(D) the members of such group were susceptible to assignment for duty in a combat zone, and

(E) the members of such group had reasonable expectations

that their service would be considered to be active military

service.
WOMEN’S AIR FORCES SERVICE PILOTS 938

(b)(1) No benefits shall be paid to any person for any period prior

to the date of enactment of this title [Nov. 23, 1977] as a result of

the enactment of subsection (a) of this section.

(2) The provisions of section 106(a)(2) of title 38, United States

Code, relating to election of benefits, shall be applicable to persons

made eligible for benefits, under laws administered by the Secretary of Veterans Affairs, as a result of implementation of the provisions of subsection (a) of this section.

(c) Under regulations prescribed by the Secretary of Defense, any

person who is issued a discharge under honorable conditions pursuant to the implementation of subsection (a) of this section may be

awarded any campaign or service medal warranted by such person’s service.
(939)

VETERANS’ DIOXIN AND RADIATION EXPOSURE

COMPENSATION STANDARDS ACT

SHORT TITLE

SECTION 1 [38 U.S.C. 1154 note]. This Act may be cited as the

‘‘Veterans’ Dioxin and Radiation Exposure Compensation Standards Act’’.

FINDINGS

SEC. 2 [38 U.S.C. 1154 note]. The Congress makes the following

findings:

(1) Veterans who served in the Republic of Vietnam during

the Vietnam era and veterans who participated in atmospheric

nuclear tests or the American occupation of Hiroshima or Nagasaki, Japan, are deeply concerned about possible long-term

health effects of exposure to herbicides containing dioxin or to

ionizing radiation.

(2) There is scientific and medical uncertainty regarding

such long-term adverse health effects.

(3) In section 102 of Public Law 97–22, the Congress responded to that uncertainty by authorizing priority medical

care at Veterans’ Administration [now Department of Veterans

Affairs] facilities for any disability of a veteran who may have

been so exposed (even though there is insufficient medical evidence linking such disability with such exposure) unless the

disability is found to have resulted from a cause other than the

exposure.

(4) The Congress has further responded to that medical and

scientific uncertainty by requiring, in section 307 of Public Law

96–151 and section 601 of Public Law 98–160, the conduct of

thorough epidemiological studies of the health effects experienced by veterans in connection with exposure both to herbicides containing dioxin and (if not determined to be scientifically infeasible) to radiation, and by requiring in Public Law

97–414, the development of radioepidemiological tables setting

forth the probabilities of causation between various cancers

and exposure to radiation.

(5) There is some evidence that most types of leukemia, malignancies of the thyroid, female breast, lung, bone, liver, and

skin, and polycythemia vera are associated with exposure to

certain levels of ionizing radiation.

(6) As of the date of the enactment of this Act [Oct. 24,

1984], there are sixty-six federally sponsored research projects

being conducted relating to herbicides containing dioxin, at a

cost to the Federal Government in excess of $130,000,000 and,

as of 1981, federally sponsored research projects relating to
VETERANS’ DIOXIN AND RADIATION EXPOSURE COMPENSATION 940

ionizing radiation were costing the Federal Government more

than $115,000,000.

(7) The initial results of one project—an epidemiological

study, conducted by the United States Air Force School of

Aerospace Medicine, of the health status of the ‘‘Ranch Hand’’

veterans who carried out the loading and aerial spraying of

herbicides containing dioxin in Vietnam and in the process

came into direct skin contact with such herbicides in their

most concentrated liquid form—were released on February 24,

1984, and contained the conclusion ‘‘that there is insufficient

evidence to support a cause and effect relationship between

herbicide exposure and adverse health in the Ranch Hand

group at this time’’.

(8) The ‘‘film badges’’ which were originally issued to members of the Armed Forces in connection with the atmospheric

nuclear test program have previously constituted a primary

source of dose information for veterans (and survivors of veterans) filing claims for Veterans’ Administration [now Department of Veterans Affairs] disability compensation or dependency and indemnity compensation in connection with exposure

to radiation.

(9) These film badges often provide an incomplete measure

of radiation exposure, since they were not capable of recording

inhaled, ingested, or neutron doses (although the Defense Nuclear Agency currently has the capability to reconstruct individual estimates of such doses), were not issued to most of the

participants in nuclear tests, often provided questionable readings because they were shielded during the detonation, and

were worn for only limited periods during and after each nuclear detonation.

(10) Standards governing the reporting of dose estimates in

connection with radiation-related claims for Veterans’ Administration [now Department of Veterans Affairs] disability compensation vary among the several branches of the Armed

Forces, and no uniform minimum standards exist.

(11) The Veterans’ Administration [now Department of Veterans Affairs] has not promulgated permanent regulations setting forth specific guidelines, standards, and criteria for the adjudication of claims for Veterans’ Administration disability

compensation based on exposure to herbicides containing

dioxin or to ionizing radiation.

(12) Such claims (especially those involving health effects

with long latency periods) present adjudicatory issues which

are significantly different from issues generally presented in

claims based upon the usual types of injuries incurred in military service.

(13) It has always been the policy of the Veterans’ Administration [now Department of Veterans Affairs] and is the policy

of the United States, with respect to individual claims for service connection of diseases and disabilities, that when, after consideration of all evidence and material of record, there is an

approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of a
941 VETERANS’ DIOXIN AND RADIATION EXPOSURE COMPENSATION

claim, the benefit of the doubt in resolving each such issue

shall be given to the claimant.

PURPOSE

SEC. 3 [38 U.S.C. 1154 note]. The purpose of this Act is to ensure

that Veterans’ Administration [now Department of Veterans Affairs] disability compensation is provided to veterans who were exposed to ionizing radiation in connection with atmospheric nuclear

tests or in connection with the American occupation of Hiroshima

or Nagasaki, Japan, for all disabilities arising after that service

that are connected, based on sound scientific and medical evidence,

to such service (and that Veterans’ Administration dependency and

indemnity compensation is provided to survivors of those veterans

for all deaths resulting from such disabilities).

SEC. 4. [Omitted.]

REQUIREMENT FOR AND CONTENT OF REGULATIONS

SEC. 5 [38 U.S.C. 1154 note]. (a) In carrying out the responsibilities of the Administrator of Veterans’ Affairs [now Secretary of

Veterans Affairs] under section 1154(a)(2) [formerly 354(a)(2)] of

title 38, United States Code, and in order to promote consistency

in claims processing and decisions, the Administrator shall prescribe regulations to—

(1) establish guidelines and (where appropriate) standards

and criteria for the resolution of claims for benefits under laws

administered by the Veterans’ Administration [now Department of Veterans Affairs] where the criteria for eligibility for

a benefit include a requirement that a death or disability be

service connected and the claim of service connection is based

on a veteran’s exposure during service in connection with such

veteran’s participation in atmospheric nuclear tests or with the

American occupation of Hiroshima or Nagasaki, Japan, prior to

July 1, 1946, to ionizing radiation from the detonation of a nuclear device; and

(2) ensure that, with respect to those claims, the policy of the

United States described in section 2(13) is carried out.

(b)(1)(A) The guidelines required to be established in regulations

prescribed under this section shall include guidelines governing the

evaluation of the findings of scientific studies relating to the possible increased risk of adverse health effects of exposure to ionizing

radiation. Those guidelines shall require that, in the evaluation of

those studies, the Administrator [now Secretary] shall take into account whether the results are statistically significant, are capable

of replication, and withstand peer review.

(B) The evaluations described in subparagraph (A) shall be made

by the Administrator of Veterans’ Affairs [now Secretary of Veterans Affairs] after receiving the advice of the Scientific Council of

the Veterans’ Advisory Committee on Environmental Hazards (established under section 6). Those evaluations shall be published in

the notice section of the Federal Register.

(C) The standards and criteria required to be established in regulations prescribed under this section shall include provisions governing the use in the adjudication of individual claims of the Ad-
VETERANS’ DIOXIN AND RADIATION EXPOSURE COMPENSATION 942

ministrator’s [now Secretary’s] evaluations made under subparagraph (B).

(2)(A)(i) In prescribing regulations under this section, the Administrator [now Secretary] (after receiving the advice of the Advisory

Committee and of the Scientific Council of the Veterans’ Advisory

Committee on Environmental Hazards regarding the diseases described in subparagraph (B)) shall make determinations, based on

sound medical and scientific evidence, with respect to each disease

described in subparagraph (B) as to whether service connection

shall, subject to division (ii) of this subparagraph, be granted in the

adjudication of individual cases. In making determinations regarding such diseases, the Administrator shall give due regard to the

need to maintain the policy of the United States with respect to the

resolution of contested issues as set forth in section 2(13). The Administrator shall set forth in such regulations such determinations,

with any specification (relating to exposure or other relevant matter) of limitations on the circumstances under which service connection shall be granted, and shall implement such determinations

in accordance with such regulations.

(ii) If the Administrator [now Secretary] makes a determination,

pursuant to this subparagraph, that service connection shall be

granted in the case of a disease described in subparagraph (B), the

Administrator shall specify in such regulations that, in the adjudication of individual cases, service connection shall not be granted

where there is sufficient affirmative evidence to the contrary or evidence to establish that an intercurrent injury or disease which is

a recognized cause of the described disease has been suffered between the date of separation from service and the onset of such disease or that the disability is due to the veteran’s own willful

misconduct.

(iii) With regard to each disease described in subparagraph (B),

the Administrator [now Secretary] shall include in the regulations

prescribed under this section provisions specifying the factors to be

considered in adjudicating issues relating to whether or not service

connection should be granted in individual cases and the circumstances governing the granting of service connection for such

disease.

(B) The diseases referred to in subparagraph (A) are those specified in section 2(5) and any other disease with respect to which the

Administrator [now Secretary] finds (after receiving and considering the advice of the Scientific Council established under section

6(d)(2)) that there is sound scientific or medical evidence indicating

a connection to exposure to ionizing radiation, in the case of a veteran who was exposed to ionizing radiation in connection with such

veteran’s participation in an atmospheric nuclear test or with the

American occupation of Hiroshima or Nagasaki, Japan, before July

1, 1946.

(3) The regulations prescribed under this section shall include— (A) specification of the maximum period of time after exposure to such ionizing radiation for the development of those

diseases; and

(B) a requirement that a claimant filing a claim based upon

a veteran’s exposure to ionizing radiation from the detonation

of a nuclear device may not be required to produce evidence
943 VETERANS’ DIOXIN AND RADIATION EXPOSURE COMPENSATION

substantiating the veteran’s exposure during active military,

naval, or air service if the information in the veteran’s service

records and other records of the Department of Defense is not

inconsistent with the claim that the veteran was present where

and when the claimed exposure occurred.

(c)(1) The Administrator of Veterans’ Affairs [now Secretary of

Veterans Affairs] shall develop the regulations required by this section (and any amendment to those regulations) through a public review and comment process in accordance with the provisions of section 553 of title 5, United States Code. That process may include

consideration by the Administrator of the recommendations of the

Veterans’ Advisory Committee on Environmental Hazards and the

Scientific Council thereof (established under section 6) with respect

to the proposed regulations, and that process shall include consideration by the Administrator of the recommendations of the Committee and the Council with respect to the final regulations and

proposed and final amendments to such regulations. The period for

public review and comment shall be completed not later than ninety days after the proposed regulations or proposed amendments are

published in the Federal Register.

(2)(A) Not later than one hundred and eighty days after the date

of the enactment of this Act [Oct. 24, 1984], the Administrator [now

Secretary] shall develop and publish in the Federal Register a proposed version of the regulations required to be prescribed by this

section.

(B) Not later than three hundred days after the date of the enactment of this Act [Oct. 24, 1984], the Administrator [now Secretary] shall publish in the Federal Register the final regulations

(together with explanations of the bases for the guidelines, standards, and criteria contained therein) required to be prescribed by

this section.

ADVISORY COMMITTEE ON ENVIRONMENTAL HAZARDS

SEC. 6 [38 U.S.C. 1154 note]. (a) The advisory committee referred

to in subsections (b) and (c) of section 5, to be known as the Veterans’ Advisory Committee on Environmental Hazards (hereinafter

in this section referred to as the ‘‘Committee’’) shall consist of nine

members appointed by the Administrator of Veterans’ Affairs [now

Secretary of Veterans Affairs] after requesting and considering recommendations from veteran organizations, including— (1) six individuals (of whom none may be members of the

Armed Forces on active duty or employees of the Veterans’ Administration [now Department of Veterans Affairs] or the Department of Defense and not more than three may be employees of other Federal departments or agencies), appointed, after

requesting and considering the recommendations of the heads

of Federal entities with particular expertise in biomedical and

environmental science, including— (A) three individuals who are recognized medical or scientific authorities in fields pertinent to understanding the

health effects of exposure to ionizing radiation; and

(B) three individuals who are recognized medical or scientific authorities in fields, such as epidemiology and other

scientific disciplines, pertinent to determining and assess-
VETERANS’ DIOXIN AND RADIATION EXPOSURE COMPENSATION 944

ing the health effects of exposure to ionizing radiation in

exposed populations; and

(2) three individuals from the general public, including at

least one disabled veteran, having a demonstrated interest in

and experience relating to veterans’ concerns regarding exposure to ionizing radiation.

(b) The Committee shall include, as ex officio, nonvoting members, the Chief Medical Director and the Chief Benefits Director of

the Veterans’ Administration [now Under Secretary for Health and

Under Secretary for Benefits of the Department of Veterans Affairs], or their designees.

(c) The Committee shall submit to the Administrator [now Secretary] any recommendations it considers appropriate for administrative or legislative action.

(d)(1) The six members of the Committee described in subsection

(a)(1) shall, in addition to serving as members of the Committee,

constitute a Scientific Council of the Committee (hereinafter in this

section referred to as the ‘‘Council’’).

(2) The Council shall have responsibility for evaluating scientific

studies relating to possible adverse health effects of exposure to

ionizing radiation.

(3) The Council shall make findings and evaluations regarding

pertinent scientific studies and shall submit to the Committee, the

Administrator [now Secretary], and the Committees on Veterans’

Affairs of the Senate and House of Representatives directly periodic

reports on such findings and evaluations.

(e) The Administrator [now Secretary] shall designate one of the

members to chair the Committee and another member to chair the

Council.

(f) The Administrator [now Secretary] shall determine the terms

of service and pay and allowances of members of the Committee,

except that a term of service of any member may not exceed three

years. The Administrator may reappoint any member for additional

terms of service.

(g) The Administrator [now Secretary] shall provide administrative support services and fiscal support for the Committee.

NUCLEAR RADIATION MATTERS INVOLVING OTHER AGENCIES

SEC. 7 [38 U.S.C. 1154 note]. (a) In connection with the duties

of the Director of the Defense Nuclear Agency, as Department of

Defense Executive Agent for the Nuclear Test Personnel Review

Program, relating to the preparation of radiation dose estimates

with regard to claims for Veterans’ Administration [now Department of Veterans Affairs] disability compensation and dependency

and indemnity compensation under chapters 11 and 13, respectively, of title 38, United States Code—

(1) the Secretary of Defense shall prescribe guidelines (and

any amendment to those guidelines) through a public review

and comment process in accordance with the provisions of section 553 of title 5, United States Code—

(A) specifying the minimum standards governing the

preparation of radiation dose estimates in connection with

claims for such compensation,
945 VETERANS’ DIOXIN AND RADIATION EXPOSURE COMPENSATION

(B) making such standards uniformly applicable to the

several branches of the Armed Forces, and

(C) requiring that each such estimate furnished to the

Veterans’ Administration [now Department of Veterans Affairs] and to any veteran or survivor include information

regarding all material aspects of the radiation environment to which the veteran was exposed and which form

the basis of the claim, including inhaled, ingested, and

neutron doses; and

(2) the Secretary of Health and Human Services, through the

Director of the National Institutes of Health, shall—

(A) conduct a review of the reliability and accuracy of

scientific and technical devices and techniques (such as

‘‘whole body counters’’) which may be useful in determining previous radiation exposure;

(B) submit to the Administrator of Veterans’ Affairs

[now Secretary of Veterans Affairs] and the Committees on

Veterans’ Affairs of the House of Representatives and the

Senate, not later than July 1, 1985, a report regarding the

results of such review, including information concerning

the availability of such devices and techniques, the categories of exposed individuals as to whom use of such devices and techniques may be appropriate, and the reliability and accuracy of dose estimates which may be derived from such devices and techniques; and

(C) enter into an interagency agreement with the Administrator of Veterans’ Affairs [now Secretary of Veterans

Affairs] for the purpose of assisting the Administrator in

identifying agencies or other entities capable of furnishing

services involving the use of such devices and techniques.

(b) The Administrator of Veterans’ Affairs [now Secretary of Veterans Affairs], in resolving material differences between a radiation

dose estimate, from a credible source, submitted by a veteran or

survivor and a radiation dose estimate prepared and transmitted

by the Director of the Defense Nuclear Agency, shall provide for

the preparation of a radiation dose estimate by an independent expert, who shall be selected by the Director of the National Institutes of Health and who shall not be affiliated with the Defense

Nuclear Agency, and the Administrator shall provide for the consideration of such independent estimate in connection with the adjudication of the claim for Veterans’ Administration [now Department of Veterans Affairs] compensation.

SEC. 8. [Omitted.]

SEC. 9. [Omitted.]

IDENTIFICATION OF ACTIVITIES INVOLVING EXPOSURE TO IONIZING

RADIATION BEFORE JANUARY 1, 1970

SEC. 10. (a) IN GENERAL.—(1) In order to determine whether activities (other than the tests or occupation activities referred to in

section 5(a)(1)(B) [probably means section 5(a)(1)] resulted in the

exposure of veterans to ionizing radiation during the service of

such veterans that occurred before January 1, 1970, and whether

adverse health effects have been observed or may have resulted
VETERANS’ DIOXIN AND RADIATION EXPOSURE COMPENSATION 946

from such exposure in a significant number of such veterans, the

Advisory Committee established under section 6 shall—

(A) review all available scientific studies and other relevant

information relating to the exposure of such veterans to ionizing radiation during such service;

(B) identify any activity during which significant numbers of

veterans received exposure; and

(C) on the basis of such review, submit to the Secretary of

Veterans Affairs a report containing the recommendation of

the Advisory Committee on the feasibility and appropriateness

for the purpose of the determination under this paragraph of

any additional investigation with respect to any activity of

such veterans during such service.

(2) Upon the request of the Advisory Committee, the Secretary

of Veterans Affairs (after seeking such assistance from the Secretary of Defense as is necessary and appropriate) shall make

available to the Advisory Committee records and other information

relating to the service referred to in paragraph (1) that may assist

the Advisory Committee in carrying out the review and recommendation referred to in that paragraph.

(3) The Advisory Committee shall submit to the Secretary of Veterans Affairs the report referred to in paragraph (1)(C) not later

than August 1, 1993.

(b) INVESTIGATION PLAN AND REPORT.—(1) Upon receipt of the report referred to in subparagraph (C) of subsection (a)(1), the Secretary of Veterans Affairs shall—

(A) identify which of the activities referred to in that subparagraph, if any, that the Secretary intends to investigate

more fully for the purpose of making the determination referred to in that subsection; and

(B) prepare a plan (including a deadline for the plan) to

carry out that investigation and make that determination.

(2) Not later than December 1, 1993, the Secretary shall submit

to the Committees on Veterans’ Affairs of the Senate and House of

Representatives a report containing—

(A) a list of the activities identified by the Secretary pursuant to paragraph (1)(A) and the basis of such identification;

(B) a copy of the report of the Advisory Committee referred

to in subsection (a)(1)(C); and

(C) the plan referred to in paragraph (1)(B).
(947)

HEALTH

AVAILABILITY OF FUNDS FOR TRAVEL OF ELIGIBLE

VETERANS, DEPENDENTS, OR SURVIVORS

Section 406 of Public Law 96–330 (Aug. 26, 1980, 94 Stat. 1052.)

SEC. 406 [38 U.S.C. 111 note]. AVAILABILITY OF FUNDS FOR BENEFICIARY TRAVEL.

No provision of law enacted after the date of the enactment of

this Act [Aug. 26, 1980] which imposes any restriction or limitation

on the availability of funds for the travel and transportation of officers and employees of the executive branch of the Government and

their dependents, or on the transportation of things of such officers

and employees and their dependents, shall be applicable to the

travel of eligible veterans, dependents, or survivors, for which reimbursement is authorized under title 38, United States Code, pursuant to the terms and conditions of section 111 of such title, unless

such provision is expressly made applicable to the travel of such

veterans, dependents, or survivors.

Ex. Ord. No. 11302. Regulations Governing Allowances

Ex. Ord. No. 11302, Sept. 6, 1966, 31 F.R. 11741, as amended Ex.

Ord. No. 11429, Sept. 9, 1968, 33 F.R. 12817; Ex. Ord. No. 11609,

July 22, 1971, 36 F.R. 13747, provided:

By virtue of the authority vested in me by Section 111 of Title

38 of the United States Code, as amended by the Act of June 18,

1966 (Public Law 89–455), it is hereby ordered as follows:

SECTION 1. The Administrator of Veterans’ Affairs may authorize

or approve the payment of the actual necessary expenses of travel,

including lodging and subsistence, of any claimant or beneficiary of

the Veterans’ Administration traveling to or from a Veterans’ Administration facility, or other place, in connection with vocational

rehabilitation or counseling, or for the purpose of examination,

treatment, or care. The Administrator may authorize or approve

such payment to the claimant or beneficiary, or, in his discretion,

to the person who or the organization which has actually paid the

expenses of such travel, including lodging and subsistence.

SEC. 2. The Administrator of Veterans’ Affairs may authorize or

approve in lieu of actual necessary expenses of travel, including

lodging and subsistence, payment of an allowance, in such amount

per mile as the Administrator shall from time to time fix pursuant

to 38 U.S.C. 111 as affected by this order, to any claimant or beneficiary of the Veterans’ Administration traveling to or from a Veterans’ Administration facility, or other place, in connection with vo-
FUNDS FOR TRAVEL 948

cational rehabilitation or counseling, or for the purpose of examination, treatment, or care. In addition to such mileage allowance, the

Administrator may allow reimbursement for the actual cost of ferry

fares, and bridge, road, and tunnel tolls. In his discretion, the Administrator may authorize or approve such payment and such reimbursement to the person who or the organization which has actually paid the expenses of such travel, including lodging and

subsistence.

SEC. 3. Whenever a claimant or beneficiary requires an attendant other than an employee of the Veterans’ Administration for the

performance of travel specified in Section 1 and 2 hereof, the travel

expenses of such attendant may be allowed in the same manner

and to the same extent that travel expenses are allowed to such

claimant or beneficiary.

SEC. 4. Payment of the following expenses or allowances in connection with vocational rehabilitation, counseling, or upon termination of examination, treatment, or care, may be made before the

completion of travel:

a. The mileage allowance and fare and tolls authorized by Section 2 hereof.

b. Actual local travel expenses.

c. The expense of hiring an automobile or ambulance, or the fee

authorized for services of a non-employee attendant.

SEC. 5. The Administrator of Veterans’ Affairs may prescribe

such rules and regulations not inconsistent herewith as may be

necessary to effectuate the provisions of this order.

SEC. 6. Executive Order No. 11142 of February 12, 1964, is hereby superseded.
(949)

LOANS TO ORGANIZATIONS PROVIDING TRANSITIONAL

HOUSING FOR SUBSTANCE ABUSERS

Section 8 of Public Law 102–54 provides:

SEC. 8 [38 U.S.C. 1720A note]. LOANS TO ORGANIZATIONS PROVIDING

TRANSITIONAL HOUSING FOR SUBSTANCE ABUSERS.

(a) LOAN PROGRAM.—The Secretary of Veterans Affairs may

make loans in accordance with this section to assist in the provision of transitional housing exclusively to veterans who are in (or

who recently have been in) a program for the treatment of substance abuse.

(b) LOAN RECIPIENTS.—A loan under this section may only be

made to a nonprofit organization under selection criteria promulgated by the Secretary and only to assist that organization in leasing housing units for use as a group residence for the purposes described in subsection (a). The amount of such a loan that is used

with respect to any single residential unit may not exceed $4,500.

In making loans under this subsection, the Secretary shall, except

to the extent that the Secretary determines that it is infeasible to

do so, ensure that—

(1) each loan is repaid within two years after the date on

which the loan is made;

(2) each loan is repaid through monthly installments and

that a reasonable penalty is assessed for each failure to pay an

installment by the date specified in the loan agreement involved; and

(3) each loan is made only to a nonprofit private entity which

agrees that, in the operation of each residence established with

the assistance of the loan—

(A) the use of alcohol or any illegal drug in the residence

will be prohibited;

(B) any resident who violates the prohibition in subclause (A) of this clause will be expelled from the residence;

(C) the costs of maintaining the residence, including fees

for rent and utilities, will be paid by the residents;

(D) the residents will, through a majority vote of the

residents, otherwise establish policies governing the conditions of residence, including the manner in which applications for residence are approved; and

(E) the residence will be operated solely as a residence

for not less than six veterans.

(c) FUNDING.—Loans under this section shall be made from the

special account of the General Post Fund of the Department of Veterans Affairs established for purposes of this section. The amount

of such loans outstanding at any time may not exceed $100,000.

Amounts received as payment of principal and interest on such
TRANSITIONAL HOUSING 950

loans shall be deposited in that account. The operation of the loan

program under this section shall be separately accounted for, and

shall be separately stated in the documents accompanying the

President’s budget for each fiscal year.

(d) TERMS AND CONDITIONS.—Loans under this section shall be

made on such terms and conditions, including interest, as the Secretary prescribes.

(e) REPORT.—After the end of the 15-month period beginning on

the date the first loan is extended under this section, the Secretary

shall issue a report on the Department’s experience under the section. The report shall include the following information:

(1) The default rate on loans extended under this section.

(2) The manner in which loan payments are collected.

(3) The number of facilities at which loans have been extended.

(4) The adequacy of the amount of funds in the special account referred to in subsection (c).
(951)

POST–TRAUMATIC–STRESS DISORDER

Section 110 of the Veterans’ Health Care Act of 1984 (Public Law

98–528) provides:

SEC. 110 [38 U.S.C. 1712A note]. POST-TRAUMATIC-STRESS DISORDER.

(a)(1) The Under Secretary for Health of the Department of Veterans Affairs may designate special programs within the Veterans

Health Administration for the diagnosis and treatment of posttraumatic-stress disorder (hereinafter in this section referred to as

‘‘PTSD’’).

(2) The Under Secretary for Health shall direct (A) that (in addition to providing diagnostic and treatment services for PTSD) Department programs designated under paragraph (1) (hereinafter in

this section referred to as ‘‘designated PTSD programs’’) carry out

activities to promote the education and training of health-care personnel (including health-care personnel not working for the Department or the Federal Government) in the causes, diagnosis, and

treatment of PTSD, and (B) that (when appropriate) the provision

of treatment services under such program be coordinated with the

provision of readjustment counseling services under section 1712A

of title 38, United States Code.

(b)(1) The Under Secretary for Health shall establish in the Veterans Health Administration a Special Committee on Post-Traumatic-Stress Disorder (hereinafter in this section referred to as the

‘‘Special Committee’’). The Under Secretary for Health shall appoint qualified employees of the Veterans Health Administration to

serve on the Special Committee.

(2) The Special Committee shall assess, and carry out a continuing assessment of, the capacity of the Department to provide

diagnostic and treatment services for PTSD to veterans eligible for

health care furnished by the Department.

(3) The Special Committee shall also advise the Under Secretary

for Health regarding the development of policies, the provision of

guidance, and the coordination of services for the diagnosis and

treatment of PTSD (A) in designated PTSD programs, (B) in inpatient psychiatric programs and outpatient mental health programs

other than designated PTSD programs, and (C) in readjustment

counseling programs of the Department.

(4) The Special Committee shall also make recommendations to

the Under Secretary for Health for guidance with respect to PTSD

regarding— (A) appropriate diagnostic and treatment methods;

(B) referral for and coordination of followup care;

(C) the evaluation of PTSD treatment programs;

(D) the conduct of research concerning such diagnosis and

treatment (taking into account the provisions of subsection (c));
POST–TRAUMATIC–STRESS DISORDER 952

(E) special programs of education and training for employees

of the Veterans Health Administration and the Veterans Benefits Administration (also taking into account such provisions);

(F) the appropriate allocation of resources for all such activities; and

(G) any specific steps that should be taken to improve such

diagnosis and treatment and to correct any deficiencies in the

operations of designated PTSD programs.

(c) The Under Secretary for Health shall establish and operate

in the Veterans Health Administration a National Center on PostTraumatic-Stress Disorder. The National Center (1) shall carry out

and promote the training of health care and related personnel in,

and research into, the causes and diagnosis of PTSD and the treatment of veterans for PTSD, and (2) shall serve as a resource center

for, and promote and seek to coordinate the exchange of information regarding, all research and training activities carried out by

the Department, and by other Federal and non-Federal entities,

with respect to PTSD.

(d) The Under Secretary for Health shall regularly compile and

publish the results of research that has been conducted relating to

PTSD.

(e))(1) Not later than March 1, 2000, the Secretary shall submit

to the Committees on Veterans’ Affairs of the Senate and House of

Representatives a report on the implementation of this section. The

report shall include the following:

(A) A list of the members of the Special Committee.

(B) A list of all designated PTSD programs and other programs providing treatment for PTSD, together with a description of the resources that have been allocated for the development and operation of each such program, a description of the

education and training that has been provided for Department

health-care personnel in such programs and elsewhere within

the Department in the diagnosis and treatment of PTSD, and

specification of the funding that has been allocated to each

such program and elsewhere within the Department to support

research relating to PTSD.

(C) The assessment of the Under Secretary for Health of the

Department, after consultation with the Special Committee, regarding the capability of the Department to meet the needs for

inpatient and outpatient PTSD diagnosis and treatment (both

through designated PTSD programs and otherwise) of veterans

who served in the Republic of Vietnam during the Vietnam

era, former prisoners of war, and other veterans eligible for

health care from the Department and the efficacy of the treatment so provided, as well as a description of the results of any

evaluations that have been made of PTSD treatment programs.

(D) The plans of the Special Committee for further assessments of the capability of the Department to diagnose and

treat veterans with PTSD.

(E) The recommendations made by the Special Committee to

the Under Secretary for Health and the views of the Under

Secretary for Health on such recommendations.

(F) A summary of the results of research conducted by the

Department relating to PTSD.
953 POST–TRAUMATIC–STRESS DISORDER

(G) A description of the steps taken, plans made (and a timetable for their execution), and resources to be applied to implement subsections (b) and (c).

(H) The assessment of the Administrator [now Secretary] of

the capacity of the Department to meet in all geographic areas

of the United States the needs described in subparagraph (C)

and any plans and timetable for increasing that capacity (including the costs of such action).

(2) Not later than February 1, 2001, and February 1 of each of

the three following years, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report containing information updating the reports submitted under this subsection since the enactment of the Veterans’

Millennium Health Care and Benefits Act [Nov. 30, 1999].
(954)

IONIZING RADIATION REGISTRY

Section 232 of Public Law 99–576, § 232 (Oct. 28, 1986) provides:

SEC. 232 [38 U.S.C. 1154 note]. IONIZING RADIATION REGISTRY.

(a) ESTABLISHMENT OF REGISTRY.—The Secretary of Veterans Affairs shall establish and maintain a special record to be known as

the ‘‘Ionizing Radiation Registry’’ (hereinafter in this section referred to as the ‘‘Registry’’).

(b) CONTENT OF REGISTRY.—Except as provided in subsection (c),

the Registry shall include the following information:

(1) A list containing the name of each veteran who was exposed to ionizing radiation under the conditions described in

section 1710(e)(1)(B) of title 38, United States Code, and who—

(A) applies for hospital or nursing home care from the

Department of Veterans Affairs under chapter 17 of such

title;

(B) files a claim for compensation under chapter 11 of

such title on the basis of a disability which may be associated with the exposure to ionizing radiation; or

(C) dies and is survived by a spouse, child, or parent

who files a claim for dependency and indemnity compensation under chapter 13 of such title on the basis of the exposure of such veteran to ionizing radiation.

(2) Medical data relating to each veteran listed in the Registry, including—

(A) the veteran’s medical history, latest health status recorded by the Department of Veterans Affairs, physical examinations, and clinical findings; and

(B) a statement describing birth defects, if any, in the

natural children of the veteran.

(3) Data on claims for the compensation referred to in paragraph (1), including decisions and determinations of the Department of Veterans Affairs relating to such claims.

(4) An estimate of the dose of radiation to which each veteran listed in the Registry was exposed under the conditions

described in section 1710(e)(1)(B) of such title.

(c) VETERANS SUBMITTING CLAIMS BEFORE DATE OF ENACTMENT.—If in the case of a veteran described in subsection (b)(1) the

application or claim referred to in such subsection was submitted

or filed before October 28, 1986, the Secretary shall include in the

Registry, to the extent feasible, such veteran’s name and the data

and information described in subsection (b) relating to the veteran.

(d) CONSOLIDATION OF EXISTING INFORMATION.—(1) For the purpose of establishing and maintaining the Registry, the Secretary of

Veterans Affairs shall compile and consolidate—
955 IONIZING RADIATION REGISTRY

(A) relevant information maintained by the Veterans Benefits Administration and the Veterans Health Administration of

the Department of Veterans Affairs;

(B) relevant information maintained by the Defense Nuclear

Agency of the Department of Defense; and

(C) any relevant information maintained by any other element of the Department of Veterans Affairs or the Department

of Defense.

(2) With respect to a veteran whose name is included in the Registry and for whom the information in the Registry is not complete,

the Secretary of Veterans Affairs shall include information described in paragraph (1) with respect to that veteran (A) to the extent that such information is reasonably available in records of the

Department of Veterans Affairs or Department of Defense, or (B)

if such information is submitted by the veteran after October 28,

1986.

(e) DEPARTMENT OF DEFENSE INFORMATION.—The Secretary of

Defense shall furnish to the Secretary of Veterans Affairs such information maintained by the Department of Defense as the Secretary of Veterans Affairs considers necessary to establish and

maintain the Registry.

(f) DEFINITION.—For the purpose of this section, the term ‘‘veteran’’ has the meaning given that term in section 101(2) of title 38,

United States Code, and includes a person who died in the active

military, naval, or air service.

(g) EFFECTIVE DATE.—The Registry shall be established not later

than 180 days after the date of the enactment of this Act [Oct. 28,

1986].
(956)

REGULATIONS FOR STANDARDS OF PERFORMANCE IN

LABORATORIES

Section 101 of Public Law 102–139 (Oct. 28, 1991) provides:

SEC. 101 [38 U.S.C. 7311 note]. (a) REGULATIONS FOR STANDARDS

OF PERFORMANCE IN DEPARTMENT OF VETERANS AFFAIRS LABORATORIES.—(1) Within the 120-day period beginning on the date on

which the Secretary of Health and Human Services promulgates

final regulations to implement the standards required by section

353 of the Public Health Service Act (42 U.S.C. 263a), the Secretary of Veterans Affairs, in accordance with the Secretary’s authority under title 38, United States Code, shall prescribe regulations to assure consistent performance by medical facility laboratories under the jurisdiction of the Secretary of valid and reliable

laboratory examinations and other procedures. Such regulations

shall be prescribed in consultation with the Secretary of Health

and Human Services and shall establish standards equal to that

applicable to other medical facility laboratories in accordance with

the requirements of section 353(f) of the Public Health Service Act.

(2) Such regulations—

(A) may include appropriate provisions respecting waivers

described in section 353(d) of such Act and accreditations described in section 353(e) of such Act; and

(B) shall include appropriate provisions respecting compliance with such requirements.

(b) REPORT.—Within the 180-day period beginning on the date on

which the Secretary of Veterans Affairs prescribes regulations required by subsection (a), the Secretary shall submit to the appropriate committees of the Congress a report on those regulations.

(c) DEFINITION.—As used in this section, the term ‘‘medical facility laboratories’’ means facilities for the biological, micro-biological,

serological, chemical, immunohematological, hematological, biophysical, cytological, pathological, or other physical examination of

materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of

any disease or impairment of, or the assessment of the health of,

human beings.
(957)

PROVISIONS FROM VETERANS’ HEALTH CARE

ELIGIBILITY REFORM ACT OF 1996

Section 334(b) of Public Law 104–262, §§ 102(b), 322, 323, 334(b),

Oct. 9, 1996, 110 Stat. 3182, 3196, 3203–3204, provides:

SEC. 334 [38 U.S.C. 7320 note]. CENTERS FOR MENTAL ILLNESS RESEARCH, EDUCATION, AND CLINICAL ACTIVITIES.

(b) ANNUAL REPORTS.—Not later than February 1 of each of

1999, 2000, 2001, and 2002, the Secretary of Veterans Affairs shall

submit to the Committees on Veterans’ Affairs of the Senate and

House of Representatives a report on the status and activities during the previous fiscal year of the centers for mental illness research, education, and clinical activities established pursuant to

section 7320 of title 38, United States Code (as added by subsection

(a)). Each such report shall include the following:

(1) A description of the activities carried out at each center

and the funding provided for such activities.

(2) A description of the advances made at each of the participating facilities of the center in research, education and training, and clinical activities relating to mental illness in

veterans.

(3) A description of the actions taken by the Under Secretary

for Health pursuant to subsection (h) of that section (as so

added) to disseminate information derived from such activities

throughout the Veterans Health Administration.

(4) The Secretary’s evaluations of the effectiveness of the

centers in fulfilling the purposes of the centers.
(958)

VETERANS MILLENNIUM HEALTH CARE AND BENEFITS

ACT, SECTIONS 102, 103, 116, AND 303 (PUBLIC LAW 106–

117)

SEC. 102 [38 U.S.C. 1710B note]. PILOT PROGRAMS RELATING TO LONGTERM CARE.

(a) PILOT PROGRAMS.—The Secretary shall carry out three pilot

programs for the purpose of determining the effectiveness of different models of all-inclusive care-delivery in reducing the use of

hospital and nursing home care by frail, elderly veterans.

(b) LOCATIONS OF PILOT PROGRAMS.—In selecting locations in

which the pilot programs will be carried out, the Secretary may not

select more than one location in any given health care region of the

Veterans Health Administration.

(c) SCOPE OF SERVICES UNDER PILOT PROGRAMS.—Each of the

pilot programs under this section shall be designed to provide participating veterans with integrated, comprehensive services which

include the following:

(1) Adult-day health care services on an eight-hour per day,

five-day per week basis.

(2) Medical services (including primary care, preventive services, and nursing home care, as needed).

(3) Coordination of needed services.

(4) Transportation services.

(5) Home care services.

(6) Respite care.

(d) PROGRAM REQUIREMENTS.—In carrying out the pilot programs

under this section, the Secretary shall—

(1) employ the use of interdisciplinary care-management

teams to provide the required array of services;

(2) determine the appropriate number of patients to be enrolled in each program and the criteria for enrollment; and

(3) ensure that funding for each program is based on the

complex care category under the resource allocation system

(known as the Veterans Equitable Resource Allocation system)

established pursuant to section 429 of Public Law 104–204

(110 Stat. 2929).

(e) DESIGN OF PILOT PROGRAMS.—To the maximum extent feasible, the Secretary shall use the following three models in designing the three pilot programs under this section:

(1) Under one of the pilot programs, the Secretary shall provide services directly through facilities and personnel of the

Department.

(2) Under one of the pilot programs, the Secretary shall provide services through a combination of—

(A) services provided under contract with appropriate

public and private entities; and
959 MILLENNIUM HEALTH CARE AND BENEFITS ACT

(B) services provided through facilities and personnel of

the Department.

(3) Under one of the pilot programs, the Secretary shall arrange for the provision of services through a combination of— (A) services provided through cooperative arrangements

with appropriate public and private entities; and

(B) services provided through facilities and personnel of

the Department.

(f ) IN-KIND ASSISTANCE.—In providing for the furnishing of services under a contract in carrying out the pilot program described

in subsection (e)(2), the Secretary may, subject to reimbursement,

provide in-kind assistance (through the services of Department employees and the sharing of other Department resources) to a facility

furnishing care to veterans. Such reimbursement may be made by

reduction in the charges to the Secretary under such contract.

(g) LIMITATION.—In providing for the furnishing of services in

carrying out a pilot program described in subsection (e)(2) or (e)(3),

the Secretary shall make payment for services only to the extent

that payment for such services is not otherwise covered (notwithstanding any provision of title XVIII or XIX of the Social Security

Act) by another government or nongovernment entity or program.

(h) DURATION OF PROGRAMS.—The authority of the Secretary to

provide services under a pilot program under this section shall

cease on the date that is three years after the date of the commencement of that pilot program.

(i) REPORT.—(1) Not later than nine months after the completion

of all of the pilot programs under this section, the Secretary shall

submit to the Committees on Veterans’ Affairs of the Senate and

the House of Representatives a report on those programs.

(2) The report shall include the following:

(A) A description of the implementation and operation of

each such program.

(B) An analysis comparing use of institutional care and use

of other services among enrollees in each of the pilot programs

with the experience of comparable patients who are not enrolled in one of the pilot programs.

(C) An assessment of the satisfaction of participating veterans with each of those programs.

(D) An assessment of the health status of participating veterans in each of those programs and of the ability of those veterans to function independently.

(E) An analysis of the costs and benefits under each of those

programs.

SEC. 103 [38 U.S.C. 1710B note]. PILOT PROGRAM RELATING TO ASSISTED LIVING.

(a) PROGRAM AUTHORITY.—The Secretary may carry out a pilot

program for the purpose of determining the feasibility and practicability of enabling eligible veterans to secure needed assisted living

services as an alternative to nursing home care.

(b) LOCATION OF PILOT PROGRAM.—The pilot program shall be

carried out in a designated health care region of the Department

selected by the Secretary for purposes of this section.

(c) SCOPE OF PROGRAM.—In carrying out the pilot program, the

Secretary may enter into contracts with appropriate facilities for
MILLENNIUM HEALTH CARE AND BENEFITS ACT 960

the provision for a period of up to six months of assisted living

services on behalf of eligible veterans in the region where the program is carried out.

(d) ELIGIBLE VETERANS.—A veteran is an eligible veteran for purposes of this section if the veteran—

(1) is eligible for placement assistance by the Secretary

under section 1730(a) of title 38, United States Code;

(2) is unable to manage routine activities of daily living without supervision and assistance; and

(3) could reasonably be expected to receive ongoing services

after the end of the contract period under another government

program or through other means.

(e) REPORT.—(1) Not later than 90 days before the end of the

pilot program under this section, the Secretary shall submit to the

Committees on Veterans’ Affairs of the Senate and the House of

Representatives a report on the program.

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

(A) A description of the implementation and operation of the

program.

(B) An analysis comparing use of institutional care among

participants in the program with the experience of comparable

patients who are not enrolled in the program.

(C) A comparison of assisted living services provided by the

Department through the pilot program with domiciliary care

provided by the Department.

(D) The Secretary’s recommendations, if any, regarding an

extension of the program.

(f ) DURATION.—The authority of the Secretary to provide services

under the pilot program shall cease on the date that is three years

after the date of the commencement of the pilot program.

(g) DEFINITION.—For purposes of this section, the term ‘‘assisted

living services’’ means services in a facility that provides room and

board and personal care for and supervision of residents as necessary for the health, safety, and welfare of residents.

(h) STANDARDS.—The Secretary may not enter into a contract

with a facility under this section unless the facility meets the

standards established in regulations prescribed under section 1730

of title 38, United States Code.

* * * * * * *

SEC. 116 [38 U.S.C. 1712A note]. SPECIALIZED MENTAL HEALTH SERVICES.

(a) IMPROVEMENT TO SPECIALIZED MENTAL HEALTH SERVICES.—

The Secretary, in furtherance of the responsibilities of the Secretary under section 1706(b) of title 38, United States Code, shall

carry out a program to expand and improve the provision of specialized mental health services to veterans. The Secretary shall establish the program in consultation with the Committee on Care of

Severely Chronically Mentally Ill Veterans established pursuant to

section 7321 of title 38, United States Code.

(b) COVERED PROGRAMS.—For purposes of this section, the term ‘‘specialized mental health services’’ includes programs relating

to— (1) the treatment of post-traumatic stress disorder; and
961 MILLENNIUM HEALTH CARE AND BENEFITS ACT

(2) substance use disorders.

(c) FUNDING.—(1) In carrying out the program described in subsection (a), the Secretary shall identify, from funds available to the

Department for medical care, an amount of not less than

$15,000,000 to be available to carry out the program and to be allocated to facilities of the Department pursuant to subsection (d).

(2) In identifying available amounts pursuant to paragraph (1),

the Secretary shall ensure that, after the allocation of those funds

under subsection (d), the total expenditure for programs relating to

(A) the treatment of post-traumatic stress disorder, and (B) substance use disorders is not less than $15,000,000 in excess of the

baseline amount.

(3) For purposes of paragraph (2), the baseline amount is the

amount of the total expenditures on such programs for the most recent fiscal year for which final expenditure amounts are known, adjusted to reflect any subsequent increase in applicable costs to deliver such services in the Veterans Health Administration, as determined by the Committee on Care of Severely Chronically Mentally Ill Veterans.

(d) ALLOCATION OF FUNDS TO DEPARTMENT FACILITIES.—The Secretary shall allocate funds identified pursuant to subsection (c)(1)

to individual medical facilities of the Department as the Secretary

determines appropriate based upon proposals submitted by those

facilities for the use of those funds for improvements to specialized

mental health services.

(e) REPORT.—Not later than 12 months after the date of the enactment of this Act [Nov. 30, 1999], the Secretary shall submit to

the Committees on Veterans’ Affairs of the Senate and House of

Representatives a report describing the implementation of this section. The Secretary shall include in the report information on the

allocation of funds to facilities of the Department under the program and a description of the improvements made with those funds

to specialized mental health services for veterans.

* * * * * * *

SEC. 303 [38 U.S.C. 1710 note]. CHIROPRACTIC TREATMENT.

(a) ESTABLISHMENT OF PROGRAM.—Not later than 120 days after

the date of the enactment of this Act [Nov. 30, 1999], the Under

Secretary for Health of the Department of Veterans Affairs, after

consultation with chiropractors, shall establish a policy for the Veterans Health Administration regarding the role of chiropractic

treatment in the care of veterans under chapter 17 of title 38,

United States Code.

(b) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘chiropractic treatment’’ means the manual manipulation of the spine performed by a chiropractor for the

treatment of such musculo-skeletal conditions as the Secretary

considers appropriate.

(2) The term ‘‘chiropractor’’ means an individual who—

(A) is licensed to practice chiropractic in the State in

which the individual performs chiropractic services; and

(B) holds the degree of doctor of chiropractic from a

chiropractic college accredited by the Council on Chiropractic Education.
(962)

NATIONAL CENTER ON WAR-RELATED ILLNESSES AND

POST-DEPLOYMENT HEALTH ISSUES

Section 103 of Public Law 105–368 provides:

SEC. 103 [38 U.S.C. 303 note]. NATIONAL CENTER ON WAR-RELATED ILLNESSES AND POST-DEPLOYMENT HEALTH ISSUES.

(a) ASSESSMENT.—The Secretary of Veterans Affairs shall seek to

enter into an agreement with the National Academy of Sciences, or

another appropriate independent organization, under which such

entity shall assist in developing a plan for the establishment of a

national center or national centers for the study of war-related illnesses and post-deployment health issues. The purposes of such a

center may include—

(1) carrying out and promoting research regarding the

etiologies, diagnosis, treatment, and prevention of war-related

illnesses and post-deployment health issues; and

(2) promoting the development of appropriate health

policies, including monitoring, medical recordkeeping, risk communication, and use of new technologies.

(b) RECOMMENDATIONS AND REPORT.—With respect to such a center, an agreement under this section shall provide for the Academy

(or other entity) to—

(1) make recommendations regarding: (A) design of an organizational structure or structures, operational scope, staffing

and resource needs, establishment of appropriate databases,

the advantages of single or multiple sites, mechanisms for implementing recommendations on policy, and relationship to

academic or scientific entities; (B) the role or roles that relevant Federal departments and agencies should have in the establishment and operation of any such center or centers; and

(C) such other matters as it considers appropriate; and

(2) report to the Secretary, the Secretaries of Defense and

Health and Human Services, and the Committees on Veterans’

Affairs of the Senate and House of Representatives, not later

than 1 year after the date of the enactment of this Act [Nov.

11, 1998], on its recommendations.

(c) REPORT ON ESTABLISHMENT OF NATIONAL CENTER.—Not later

than 60 days after receiving the report under subsection (b), the

Secretaries specified in subsection (b)(2) shall submit to the Committees on Veterans’ Affairs and Armed Services of the Senate and

the Committees on Veterans’ Affairs and Natoinal [sic] Security of

the House of Representatives a joint report on the findings and recommendations contained in that report. Such report may set forth

an operational plan for carrying out any recommendation in that

report to establish a national center or centers for the study of warrelated illnesses. No action to carry out such plan may be taken
963 NATIONAL CENTER ON WAR–RELATED ILLNESSES

after the submission of such report until the end of a 90-day period

following the date of the submission.
(964)

VA/DOD SHARING

EXPANDED SHARING BETWEEN DEPARTMENT OF

VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE

Title II of Public Law 102–585, title II, Nov. 4, 1992, 106 Stat.

4949

TITLE II—HEALTH-CARE SHARING AGREEMENTS BETWEEN THE DEPARTMENTS OF DEFENSE AND VETERANS AFFAIRS

SEC. 201 [38 U.S.C. 8111 note]. TEMPORARY EXPANSION OF AUTHORITY

FOR SHARING AGREEMENTS.

(a) AUTHORITY.—The Secretary of Veterans Affairs may enter

into an agreement with the Secretary of Defense under this section

to expand the availability of health-care sharing arrangements

with the Department of Defense under section 8111(c) of title 38,

United States Code. Under such an agreement—

(1) the head of a Department of Veterans Affairs medical facility may enter into agreements under section 8111(d) of that

title with (A) the head of a Department of Defense medical facility, (B) with any other official of the Department of Defense

responsible for the provision of care under chapter 55 of title

10, United States Code, to persons who are covered beneficiaries under that chapter, in the region of the Department

of Veterans Affairs medical facility, or (C) with a contractor of

the Department of Defense responsible for the provision of care

under chapter 55 of title 10, United States Code, to persons

who are covered beneficiaries under that chapter, in the region

of the Department of Veterans Affairs medical facility; and

(2) the term ‘‘primary beneficiary’’ shall be treated as

including—

(A) with respect to the Department of Veterans Affairs,

any person who is described in section 1713 of title 38,

United States Code; and

(B) with respect to the Department of Defense, any person who is a covered beneficiary under chapter 55 of title

10, United States Code.

(b) USE OF FUNDS.—Any amount received by the Secretary for a

non-Federal entity as payment for services provided by the Secretary during a prior fiscal year under an agreement entered into

under this section may be obligated by the Secretary during the fiscal year in which the Secretary receives the payment.
965 EXPANDED SHARING BETWEEN BETWEEN VA AND DOD

SEC. 202 [38 U.S.C. 8111 note]. REQUIREMENT FOR IMPROVEMENT IN

SERVICES FOR VETERANS.

A proposed agreement authorized by section 201 that is entered

into by the head of a Department of Veterans Affairs medical facility may take effect only if the Under Secretary for Health of the

Department of Veterans Affairs finds, and certifies to the Secretary

of Veterans Affairs, that implementation of the agreement—

(1) will result in the improvement of services to eligible veterans at that facility; and

(2) will not result in the denial of, or a delay in providing,

access to care for any veteran at that facility.

SEC. 203 [38 U.S.C. 8111 note]. EXPANDED SHARING AGREEMENTS WITH

DEPARTMENT OF DEFENSE.

Under an agreement under section 201, guidelines under section

8111(b) of title 38, United States Code, may be modified to provide

that, notwithstanding any other provision of law, any person who

is a covered beneficiary under chapter 55 of title 10 and who is furnished care or services by a facility of the Department of Veterans

Affairs under an agreement entered into under section 8111 of that

title, or who is described in section 1713 of title 38, United States

Code, and who is furnished care or services by a facility of the Department of Defense, may be authorized to receive such care or

services—

(1) without regard to any otherwise applicable requirement

for the payment of a copayment or deductible; or

(2) subject to a requirement to pay only part of any such otherwise applicable copayment or deductible, as specified in the

guidelines.

SEC. 204. [Repealed.]

SEC. 205 [38 U.S.C. 8111 note]. CONSULTATION WITH VETERANS SERVICE ORGANIZATIONS.

In carrying out this title, the Secretary of Veterans Affairs shall

consult with organizations named in or approved under section

5902 of title 38, United States Code.

SEC. 206 [38 U.S.C. 8111 note]. ANNUAL REPORT.

(a) IN GENERAL.—For each of fiscal years 1993 through 1996, the

Secretary of Defense and the Secretary of Veterans Affairs shall include in the annual report of the Secretaries under section 8111(f)

of title 38, United States Code, a description of the Secretaries’ implementation of this section.

(b) ADDITIONAL MATTERS FOR FISCAL YEAR 1996 REPORT.—In the

report under subsection (a) for fiscal year 1996, the Secretaries

shall include the following:

(1) An assessment of the effect of agreements entered into

under section 201 on the delivery of health care to eligible veterans.

(2) An assessment of the cost savings, if any, associated with

provision of services under such agreements to retired members of the Armed Forces, dependents of members or former

members of a uniformed service, and beneficiaries under section 1713 of title 38, United States Code.
EXPANDED SHARING BETWEEN BETWEEN VA AND DOD 966

(3) Any plans for administrative action, and any recommendations for legislation, that the Secretaries consider appropriate to include in the report.

SEC. 207 [38 U.S.C. 8111 note]. AUTHORITY TO BILL HEALTH-PLAN CONTRACTS

(a) RIGHT TO RECOVER.—In the case of a primary beneficiary (as

described in section 201(a)(2)(B)) who has coverage under a healthplan contract, as defined in section 1729(i)(1)(A) of title 38, United

States Code, and who is furnished care or services by a Department medical facility pursuant to this title, the United States shall

have the right to recover or collect charges for such care or services

from such health-plan contract to the extent that the beneficiary

(or the provider of the care or services) would be eligible to receive

payment for such care or services from such health-plan contract

if the care or services had not been furnished by a department or

agency of the United States. Any funds received from such healthplan contract shall be credited to funds that have been allotted to

the facility that furnished the care or services.

(b) ENFORCEMENT.—The right of the United States to recover

under such a beneficiary’s health-plan contract shall be enforceable

in the same manner as that provided by subsections (a)(3), (b),

(c)(1), (d), (f), (h), and (i) of section 1729 of title 38, United States

Code.
(967)

ACCESS TO CARE FOR TRICARE-ELIGIBLE MILITARY

RETIREES

Section 113 of Public Law 106–117 provides:

SEC. 113 [38 U.S.C. 8111 note]. ACCESS TO CARE FOR TRICARE-ELIGIBLE

MILITARY RETIREES.

(a) INTERAGENCY AGREEMENT.—(1) The Secretary of Defense

shall enter into an agreement (characterized as a memorandum of

understanding or otherwise) with the Secretary of Veterans Affairs

with respect to the provision of medical care by the Secretary of

Veterans Affairs to eligible military retirees in accordance with the

provisions of subsection (c). That agreement shall include provisions for reimbursement of the Secretary of Veterans Affairs by the

Secretary of Defense for medical care provided by the Secretary of

Veterans Affairs to an eligible military retiree and may include

such other provisions with respect to the terms and conditions of

such care as may be agreed upon by the two Secretaries.

(2) Reimbursement under the agreement under paragraph (1)

shall be in accordance with rates agreed upon by the Secretary of

Defense and the Secretary of Veterans Affairs. Such reimbursement may be made by the Secretary of Defense or by the appropriate TRICARE Managed Care Support contractor, as determined

in accordance with that agreement.

(3) In entering into the agreement under paragraph (1), particularly with respect to determination of the rates of reimbursement

under paragraph (2), the Secretary of Defense shall consult with

TRICARE Managed Care Support contractors.

(4) The Secretary of Veterans Affairs may not enter into an

agreement under paragraph (1) for the provision of care in accordance with the provisions of subsection (c) with respect to any geographic service area, or a part of any such area, of the Veterans

Health Administration unless—

(A) in the judgment of that Secretary, the Department of

Veterans Affairs will recover the costs of providing such care

to eligible military retirees; and

(B) that Secretary has certified and documented, with respect to any geographic service area in which the Secretary

proposes to provide care in accordance with the provisions of

subsection (c), that such geographic service area, or designated

part of any such area, has adequate capacity (consistent with

the requirements in section 1705(b)(1) of title 38, United States

Code, that care to enrollees shall be timely and acceptable in

quality) to provide such care.

(5) The agreement under paragraph (1) shall be entered into by

the Secretaries not later than nine months after the date of the enactment of this Act [Nov. 30, 1999]. If the Secretaries are unable

to reach agreement, they shall jointly report, by that date or within
ACCESS TO CARE FOR TRICARE–ELIGIBLE MILITARY RETIREES 968

30 days thereafter, to the Committees on Armed Services and the

Committees on Veterans’ Affairs of the Senate and House of Representatives on the reasons for their inability to reach an agreement and their mutually agreed plan for removing any impediments to final agreement.

(b) DEPOSITING OF REIMBURSEMENTS.—Amounts received by the

Secretary of Veterans Affairs under the agreement under subsection (a) shall be deposited in the Department of Veterans Affairs

Health Services Improvement Fund established under section

1729B of title 38, United States Code, as added by section 202.

(c) COPAYMENT REQUIREMENT.—The provisions of subsections

(f )(1) and (g)(1) of section 1710 of title 38, United States Code,

shall not apply in the case of an eligible military retiree who is covered by the agreement under subsection (a).

(d) PHASED IMPLEMENTATION.—(1) The Secretary of Defense shall

include in each TRICARE contract entered into after the date of

the enactment of this Act [Nov. 30, 1999] provisions to implement

the agreement under subsection (a).

(2) The provisions of the agreement under subsection (a)(2) and

the provisions of subsection (c) shall apply to the furnishing of

medical care by the Secretary of Veterans Affairs in any area of the

United States only if that area is covered by a TRICARE contract

that was entered into after the date of the enactment of this Act.

(e) ELIGIBLE MILITARY RETIREES.—For purposes of this section,

an eligible military retiree is a member of the Army, Navy, Air

Force, or Marine Corps who—

(1) has retired from active military, naval, or air service;

(2) is eligible for care under the TRICARE program established by the Secretary of Defense;

(3) has enrolled for care under section 1705 of title 38,

United States Code; and

(4) is not described in paragraph (1) or (2) of section 1710(a)

of such title.

* * * * * * *

Subtitle E—Joint Initiatives With Department of

Veterans Affairs

SEC. 741. VA-DOD SHARING AGREEMENTS FOR HEALTH SERVICES.

(a) PRIMACY OF SHARING AGREEMENTS.—The Secretary of Defense shall—

(1) give full force and effect to any agreement into which the

Secretary or the Secretary of a military department entered

under section 8111 of title 38, United States Code, or under

section 1535 of title 31, United States Code, which was in effect on September 30, 1999; and

(2) ensure that the Secretary of the military department concerned directly reimburses the Secretary of Veterans Affairs

for any services or resources provided under such agreement in

accordance with the terms of such agreement, including terms

providing for reimbursement from funds available for that military department.
969 ACCESS TO CARE FOR TRICARE–ELIGIBLE MILITARY RETIREES

(b) MODIFICATION OR TERMINATION.—Any agreement described in

subsection (a) shall remain in effect in accordance with such subsection unless, during the 12-month period following the date of the

enactment of this Act, such agreement is modified or terminated in

accordance with the terms of such agreement.

SEC. 742. PROCESSES FOR PATIENT SAFETY IN MILITARY AND VETERANS HEALTH CARE SYSTEMS.

(a) ERROR TRACKING PROCESS.—The Secretary of Defense shall

implement a centralized process for reporting, compilation, and

analysis of errors in the provision of health care under the defense

health program that endanger patients beyond the normal risks associated with the care and treatment of such patients. To the extent practicable, that process shall emulate the system established

by the Secretary of Veterans Affairs for reporting, compilation, and

analysis of errors in the provision of health care under the Department of Veterans Affairs health care system that endanger patients

beyond such risks.

(b) SHARING OF INFORMATION.—The Secretary of Defense and the

Secretary of Veterans Affairs—

(1) shall share information regarding the designs of systems

or protocols established to reduce errors in the provision of

health care described in subsection (a); and

(2) shall develop such protocols as the Secretaries consider

necessary for the establishment and administration of effective

processes for the reporting, compilation, and analysis of such

errors.

SEC. 743. COOPERATION IN DEVELOPING PHARMACEUTICAL IDENTIFICATION TECHNOLOGY.

The Secretary of Defense and the Secretary of Veterans Affairs

shall cooperate in developing systems for the use of bar codes for

the identification of pharmaceuticals in the health care programs

of the Department of Defense and the Department of Veterans Affairs. In any case in which a common pharmaceutical is used in

such programs, the bar codes for those pharmaceuticals shall, to

the maximum extent practicable, be identical.
(970)

FINDINGS AND SENSE OF CONGRESS CONCERNING USE

OF MILITARY HISTORIES OF VETERANS IN DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE

Section 211 of Public Law 106–419 provides:

SEC. 211. FINDINGS AND SENSE OF CONGRESS CONCERNING USE OF

MILITARY HISTORIES OF VETERANS IN DEPARTMENT OF

VETERANS AFFAIRS HEALTH CARE.

(a) FINDINGS.—Congress makes the following findings:

(1) Pertinent military experiences and exposures may affect

the health status of Department of Veterans Affairs patients

who are veterans.

(2) The Department of Veterans Affairs has begun to implement a Veterans Health Initiative to develop systems to ensure

that both patient care and medical education in the Veterans

Health Administration are specific to the special needs of veterans and should be encouraged to continue these efforts.

(3) Protocols eliciting pertinent information relating to the

military history of veterans may be beneficial to understanding

certain conditions for which veterans may be at risk and thereby facilitate the treatment of veterans for those conditions.

(4) The Department of Veterans Affairs is in the process of

developing a Computerized Patient Record System that offers

the potential to aid in the care and monitoring of such conditions.

(b) SENSE OF CONGRESS.—Congress—

(1) urges the Secretary of Veterans Affairs to assess the feasibility and desirability of using a computer-based system to

conduct clinical evaluations relevant to military experiences

and exposures; and

(2) recommends that the Secretary accelerate efforts within

the Department of Veterans Affairs to ensure that relevant

military histories of veterans are included in Department medical records.
(971)

REVIEW OF DOSE RECONSTRUCTION PROGRAM OF THE

DEFENSE THREAT REDUCTION AGENCY

Section 305 of Public Law 106–419 provides:

SEC. 305 [38 U.S.C. 1154]. REVIEW OF DOSE RECONSTRUCTION PROGRAM OF THE DEFENSE THREAT REDUCTION AGENCY.

(a) REVIEW BY NATIONAL ACADEMY OF SCIENCES.—Not later than

30 days after the date of the enactment of this Act [Nov. 1, 2000],

the Secretary of Defense shall enter into a contract with the National Academy of Sciences to carry out periodic reviews of the program of the Defense Threat Reduction Agency of the Department

of Defense known as the ‘‘dose reconstruction program’’.

(b) REVIEW ACTIVITIES.—The periodic reviews of the dose reconstruction program under the contract under subsection (a) shall

consist of the periodic selection of random samples of doses reconstructed by the Defense Threat Reduction Agency in order to

determine—

(1) whether or not the reconstruction of the sampled doses

is accurate;

(2) whether or not the reconstructed dosage number is accurately reported;

(3) whether or not the assumptions made regarding radiation

exposure based upon the sampled doses are credible; and

(4) whether or not the data from nuclear tests used by the

Defense Threat Reduction Agency as part of the reconstruction

of the sampled doses is accurate.

(c) DURATION OF REVIEW.—The periodic reviews under the contract under subsection (a) shall occur over a period of 24 months.

(d) REPORT.—(1) Not later than 60 days after the conclusion of

the period referred to in subsection (c), the National Academy of

Sciences shall submit to Congress a report on its activities under

the contract under this section.

(2) The report shall include the following:

(A) A detailed description of the activities of the National

Academy of Sciences under the contract.

(B) Any recommendations that the National Academy of

Sciences considers appropriate regarding a permanent system

of review of the dose reconstruction program of the Defense

Threat Reduction Agency.
(972)

SENSE OF CONGRESS CONCERNING COOPERATION BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS

AND THE DEPARTMENT OF DEFENSE IN THE PROCUREMENT OF MEDICAL ITEMS

Section 223 of Public Law 106–419 provides:

SEC. 223. SENSE OF CONGRESS CONCERNING COOPERATION BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS AND

THE DEPARTMENT OF DEFENSE IN THE PROCUREMENT

OF MEDICAL ITEMS.

(a) FINDINGS.—Congress makes the following findings:

(1) The procurement and distribution of medical items, including prescription drugs, is a multibillion-dollar annual business for both the Department of Defense and the Department

of Veterans Affairs.

(2) Those departments prescribe common high-use drugs to

many of their 12,000,000 patients who have similar medical

profiles.

(3) The health care systems of those departments should

have management systems that can share and communicate

clinical and management information useful for both systems.

(4) The institutional barriers separating the two departments have begun to be overcome in the area of medical supplies, in part as a response to recommendations by the General

Accounting Office and the Commission on Servicemembers and

Veterans Transition Assistance.

(5) There is significant potential for improved savings and

services by improving cooperation between the two departments in the procurement and management of prescription

drugs, while remaining mindful that the two departments have

different missions.

(b) SENSE OF CONGRESS.—It is the sense of Congress that the Department of Defense and the Department of Veterans Affairs

should increase, to the maximum extent consistent with their respective missions, their level of cooperation in the procurement and

management of prescription drugs.
(973)

PERSIAN GULF WAR VETERANS

PERSIAN GULF WAR VETERANS’ HEALTH STATUS ACT

Title VII of Public Law 102–585, Nov. 4, 1992 provides:

SEC. 701 [38 U.S.C. 527 note]. SHORT TITLE.

This title may be cited as the ‘‘Persian Gulf War Veterans’ Health Status Act’’.

SEC. 702 [38 U.S.C. 527 note]. PERSIAN GULF WAR VETERANS HEALTH

REGISTRY.

(a) ESTABLISHMENT OF REGISTRY.—The Secretary of Veterans Affairs shall establish and maintain a special record to be known as

the ‘‘Persian Gulf War Veterans Health Registry’’ (in this section

referred to as the ‘‘Registry’’).

(b) CONTENTS OF REGISTRY.—Except as provided in subsection

(c), the Registry shall include the following information:

(1) A list containing the name of each individual who served

as a member of the Armed Forces in the Persian Gulf theater

of operations during the Persian Gulf War and who— (A) applies for care or services from the Department of

Veterans Affairs under chapter 17 of title 38, United

States Code;

(B) files a claim for compensation under chapter 11 of

such title on the basis of any disability which may be associated with such service;

(C) dies and is survived by a spouse, child, or parent

who files a claim for dependency and indemnity compensation under chapter 13 of such title on the basis of such

service;

(D) requests from the Department a health examination

under section 703; or

(E) receives from the Department of Defense a health examination similar to the health examination referred to in

subparagraph (D) and requests inclusion in the Registry.

(2) Relevant medical data relating to the health status of,

and other information that the Secretary considers relevant

and appropriate with respect to, each individual described in

paragraph (1) who— (A) grants to the Secretary permission to include such

information in the Registry; or

(B) at the time the individual is listed in the Registry,

is deceased.

(c) INDIVIDUALS SUBMITTING CLAIMS OR MAKING REQUESTS BEFORE DATE OF ENACTMENT.—If in the case of an individual described in subsection (b)(1) the application, claim, or request re-
PERSIAN GULF WAR VETERANS’ HEALTH STATUS ACT 974

ferred to in such subsection was submitted, filed, or made, before

the date of the enactment of this Act [Nov. 4, 1992], the Secretary

shall, to the extent feasible, include in the Registry such individual’s name and the data and information, if any, described in subsection (b)(2) relating to the individual.

(d) DEPARTMENT OF DEFENSE INFORMATION.—The Secretary of

Defense shall furnish to the Secretary of Veterans Affairs such information maintained by the Department of Defense as the Secretary of Veterans Affairs considers necessary to establish and

maintain the Registry.

(e) RELATION TO DEPARTMENT OF DEFENSE REGISTRY.—The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall ensure that information is collected and maintained in

the Registry in a manner that permits effective and efficient crossreference between the Registry and the registry established under

section 734 of the National Defense Authorization Act for Fiscal

Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1411; 10

U.S.C. 1074 note), as amended by section 704.

(f) ONGOING OUTREACH TO INDIVIDUALS LISTED IN REGISTRY.—

The Secretary of Veterans Affairs shall, from time to time, notify

individuals listed in the Registry of significant developments in research on the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.

SEC. 703 [38 U.S.C. 527 note]. HEALTH EXAMINATIONS AND COUNSELING FOR VETERANS ELIGIBLE FOR INCLUSION IN

CERTAIN HEALTH-RELATED REGISTRIES.

(a) IN GENERAL.—(1) The Secretary of Veterans Affairs—

(A) shall, upon the request of a veteran described in subsection (b)(1), provide the veteran with a health examination

(including any appropriate diagnostic tests) and consultation

and counseling with respect to the results of the examination

and the tests; and

(B) may, upon the request of a veteran described in subsection (b)(2), provide the veteran with such an examination

(including diagnostic tests) and such consultation and counseling.

(2) The Secretary shall carry out appropriate outreach activities

with respect to the provision of any health examinations (including

any diagnostic tests) and consultation and counseling services

under paragraph (1).

(b) COVERED VETERANS.—(1) In accordance with subsection

(a)(1)(A), the Secretary shall provide an examination (including diagnostic tests), consultation, and counseling under that subsection

to any veteran who is eligible for listing or inclusion in the Persian

Gulf War Veterans Health Registry established by section 702.

(2) In accordance with subsection (a)(1)(B), the Secretary may

provide an examination (including diagnostic tests), consultation,

and counseling under that subsection to any veteran who is eligible

for listing or inclusion in any other similar health-related registry

administered by the Secretary.

SEC. 704 [38 U.S.C. 527 note]. EXPANSION OF COVERAGE OF PERSIAN

GULF REGISTRY.

[Amended section 734 of Public Law 102–190.]
975 PERSIAN GULF WAR VETERANS’ HEALTH STATUS ACT

SEC. 705 [38 U.S.C. 527 note]. STUDY BY OFFICE OF TECHNOLOGY ASSESSMENT OF PERSIAN GULF REGISTRY AND PERSIAN

GULF WAR VETERANS HEALTH REGISTRY.

(a) STUDY.—The Director of the Office of Technology Assessment

shall, in a manner consistent with the Technology Assessment Act

of 1972 (2 U.S.C. 472(d) [2 U.S.C. 471 et seq.]), assess—

(1) the potential utility of each of the Persian Gulf Registry

and the Persian Gulf War Veterans Health Registry for scientific study and assessment of the intermediate and long-term

health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War;

(2) the extent to which each registry meets the requirements

of the provisions of law under which the registry is established;

(3) the extent to which data contained in each registry—

(A) are maintained in a manner that ensures permanent

preservation and facilitates the effective, efficient retrieval

of information that is potentially relevant to the scientific

study of the intermediate and long-term health consequences of military service in the Persian Gulf theater

of operations during the Persian Gulf War; and

(B) would be useful for scientific study regarding such

health consequences;

(4) the adequacy of any plans to update each of the

registries;

(5) the extent to which the Department of Defense or the Department of Veterans Affairs, as the case may be, is assembling and maintaining information on the Persian Gulf theater

of operations (including information on troop locations and atmospheric and weather conditions) in a manner that facilitates

the usefulness of, maintenance of, and retrieval of information

from, the applicable registry; and

(6) the adequacy and compatibility of protocols for the health

examinations and counseling provided under section 703 and

health examinations provided by the Department of Defense to

members of the Armed Forces for the purpose of assessing the

health status of members of the Armed Forces who served in

the Persian Gulf theater of operations during the Persian Gulf

War.

(b) ACCESS TO INFORMATION.—The Secretary of Veterans Affairs

and the Secretary of Defense shall provide the Director with access

to such records and information under the jurisdiction of each such

secretary as the Director determines necessary to permit the Director to carry out the study required under this section.

(c) REPORTS.—The Director shall—

(1) not later than 270 days after the date of the enactment

of this Act [Nov. 4, 1992], submit to Congress a report on the

results of the assessment carried out under this section of the

Persian Gulf Registry and health-examination protocols; and

(2) not later than 15 months after such date, submit to Congress a report on the results of the assessment carried out

under this section of the Persian Gulf War Veterans Health

Registry.

(d) DEFINITIONS.—For the purposes of this section:
PERSIAN GULF WAR VETERANS’ HEALTH STATUS ACT 976

(1) The term ‘‘Persian Gulf Registry’’ means the registry established under section 734 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190;

105 Stat. 1411; 10 U.S.C. 1074 note), as amended by section

704.

(2) The term ‘‘Persian Gulf War Veterans Health Registry’’

means the Persian Gulf War Veterans Health Registry established under section 702.

SEC. 706 [38 U.S.C. 527 note]. AGREEMENT WITH NATIONAL ACADEMY

OF SCIENCES FOR REVIEW OF HEALTH CONSEQUENCES

OF SERVICE DURING THE PERSIAN GULF WAR.

(a) AGREEMENT.—(1) The Secretary of Veterans Affairs and Secretary of Defense jointly shall seek to enter into an agreement with

the National Academy of Sciences for the Medical Follow-Up Agency (MFUA) of the Institute of Medicine of the Academy to review

existing scientific, medical, and other information on the health

consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.

(2) The agreement shall require MFUA to provide members of

veterans organizations and members of the scientific community

(including the Director of the Office of Technology Assessment)

with the opportunity to comment on the method or methods MFUA

proposes to use in conducting the review.

(3) The agreement shall permit MFUA, in conducting the review,

to examine and evaluate medical records of individuals who are included in the registries referred to in section 705(d) for purposes

that MFUA considers appropriate, including the purpose of identifying illnesses of those individuals.

(4) The Secretary of Veterans Affairs and the Secretary of Defense shall seek to enter into the agreement under this section not

later than 180 days after the date of the enactment of this Act

[Nov. 4, 1992].

(b) REPORT.—(1) The agreement under this section shall require

the National Academy of Sciences to submit to the committees and

secretaries referred to in paragraph (2) a report on the results of

the review carried out under the agreement. Such report shall contain the following:

(A) An assessment of the effectiveness of actions taken by

the Secretary of Veterans Affairs and the Secretary of Defense

to collect and maintain information that is potentially useful

for assessing the health consequences of the military service

referred to in subsection (a).

(B) Recommendations on means of improving the collection

and maintenance of such information.

(C) Recommendations on whether there is sound scientific

basis for an epidemiological study or studies on the health consequences of such service, and if the recommendation is that

there is sound scientific basis for such a study or studies, the

nature of the study or studies.

(2) The committees and secretaries referred to in paragraph (1)

are the following:

(A) The Committees on Veterans’ Affairs of the Senate and

House of Representatives.
977 PERSIAN GULF WAR VETERANS’ HEALTH STATUS ACT

(B) The Committees on Armed Services of the Senate and

House of Representatives.

(C) The Secretary of Veterans Affairs.

(D) The Secretary of Defense.

(c) FUNDING.—(1) The Secretary of Veterans Affairs and the Sec- retary of Defense shall make available up to a total of $500,000 in

fiscal year 1993, from funds available to the Department of Veterans Affairs and the Department of Defense in that fiscal year, to

carry out the review. Any amounts provided by the two departments shall be provided in equal amounts.

(2) If the Secretary of Veterans Affairs and the Secretary of Defense enter into an agreement under subsection (a) with the National Academy of Sciences— (A) the Secretary of Veterans Affairs shall make available $250,000 in each of fiscal years 1994 through 2003, from

amounts available to the Department of Veterans Affairs in

each such fiscal year, to the National Academy of Sciences for

the general purposes of conducting epidemiological research

with respect to military and veterans populations; and (B) the Secretary of Defense shall make available $250,000

in each of fiscal years 1994 through 2003, from amounts available to the Department of Defense in each such fiscal year, to

the National Academy of Sciences for the purposes of carrying

out the research referred to in subparagraph (A).

(d) RESEARCH REVIEW AND DEVELOPMENT OF MEDICAL

EDUCATION CURRICULUM.—(1) In order to further understand the

health consequences of military service in the Persian Gulf theater

of operations during the Persian Gulf War and of new research

findings with implications for improving the provision of care for

veterans of such service, the Secretary of Veterans Affairs and the

Secretary of Defense shall seek to enter into an agreement with the

National Academy of Sciences under which the Institute of Medicine of the Academy would—

(A) develop a curriculum pertaining to the care and treatment of veterans of such service who have ill-defined or

undiagnosed illnesses for use in the continuing medical education of both general and specialty physicians who provide

care for such veterans; and

(B) on an ongoing basis, periodically review and provide recommendations regarding the research plans and research

strategies of the Departments relating to the health consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.

(2) Recommendations to be provided under paragraph (1)(B) include any recommendations that the Academy considers appropriate for additional scientific studies (including studies related to

treatment models) to resolve areas of continuing scientific uncertainty relating to the health consequences of any aspects of such

military service. In making recommendations for additional studies, the Academy shall consider the available scientific data, the

value and relevance of the information that could result from such

studies, and the cost and feasibility of carrying out such studies.

(3) Not later than 9 months after the Institute of Medicine provides the Secretaries the curriculum developed under paragraph
PERSIAN GULF WAR VETERANS’ HEALTH STATUS ACT 978

(1)(A), the Secretaries shall provide for the conduct of continuing

education programs using that curriculum. Those programs shall

include instruction which seeks to emphasize use of appropriate

protocols of diagnosis, referral, and treatment of such veterans.

SEC. 707 [38 U.S.C. 527 note]. COORDINATION OF HEALTH-RELATED

GOVERNMENT ACTIVITIES.

(a) DESIGNATION OF COORDINATING ORGANIZATION.—The President shall designate, and may redesignate from time to time, the

head of an appropriate department or agency of the Federal Government to coordinate all research activities undertaken or funded

by the Executive Branch of the Federal Government on the health

consequences of military service in the Persian Gulf theater of operations during the Persian Gulf War.

(b) PUBLIC ADVISORY COMMITTEE.—Not later than January 1,

1999, the head of the department or agency designated under subsection (a) shall establish an advisory committee consisting of

members of the general public, including Persian Gulf War veterans and representatives of such veterans, to provide advice to the

head of that department or agency on proposed research studies,

research plans, or research strategies relating to the health consequences of military service in the Southwest Asia theater of operations during the Persian Gulf War. The department or agency

head shall consult with such advisory committee on a regular basis.

SEC. 708 [38 U.S.C. 527 note]. DEFINITION.

For the purposes of this title, the term ‘‘Persian Gulf War’’ has

the meaning given such term in section 101(33) of title 38, United

States Code.
(979)

PERSIAN GULF WAR VETERANS’ BENEFITS ACT

TITLE I—PERSIAN GULF WAR VETERANS

SEC. 101. SHORT TITLE.

This may be cited as the ‘‘Persian Gulf War Veterans’ Benefits

Act’’.

SEC. 102 [38 U.S.C. 1117 note]. FINDINGS.

The Congress makes the following findings:

(1) During the Persian Gulf War, members of the Armed

Forces were exposed to numerous potentially toxic substances,

including fumes and smoke from military operations, oil well

fires, diesel exhaust, paints, pesticides, depleted uranium, infectious agents, investigational drugs and vaccines, and indigenous diseases, and were also given multiple immunizations. It

is not known whether these servicemembers were exposed to

chemical or biological warfare agents. However, threats of

enemy use of chemical and biological warfare heightened the

psychological stress associated with the military operation.

(2) Significant numbers of veterans of the Persian Gulf War

are suffering from illnesses, or are exhibiting symptoms of illness, that cannot now be diagnosed or clearly defined. As a result, many of these conditions or illnesses are not considered

to be service connected under current law for purposes of benefits administered by the Department of Veterans Affairs.

(3) The National Institutes of Health Technology Assessment

Workshop on the Persian Gulf Experience and Health, held in

April 1994, concluded that the complex biological, chemical,

physical, and psychological environment of the Southwest Asia

theater of operations produced complex adverse health effects

in Persian Gulf War veterans and that no single disease entity

or syndrome is apparent. Rather, it may be that the illnesses

suffered by those veterans result from multiple illnesses with

overlapping symptoms and causes that have yet to be defined.

(4) That workshop concluded that the information concerning

the range and intensity of exposure to toxic substances by military personnel in the Southwest Asia theater of operations is

very limited and that such information was collected only after

a considerable delay.

(5) In response to concerns regarding the health-care needs

of Persian Gulf War veterans, particularly those who suffer

from illnesses or conditions for which no diagnosis has been

made, the Congress, in Public Law 102–585 [see Short Title of

1992 Amendments note under section 101 of this title], directed the establishment of a Persian Gulf War Veterans

Health Registry, authorized health examinations for veterans

of the Persian Gulf War, and provided for the National Acad-
PERSIAN GULF WAR VETERANS’ BENEFITS 980

emy of Sciences to conduct a comprehensive review and assessment of information regarding the health consequences of military service in the Persian Gulf theater of operations and to

develop recommendations on avenues for research regarding

such health consequences. In Public Law 103–210 [see Tables

for classification], the Congress authorized the Department of

Veterans Affairs to provide health care services on a priority

basis to Persian Gulf War veterans. The Congress also provided in Public Law 103–160 (the National Defense Authorization Act for Fiscal Year 1994) [see Tables for classification] for

the establishment of a specialized environmental medical facility for the conduct of research into the possible health effects

of exposure to low levels of hazardous chemicals, especially

among Persian Gulf veterans, and for research into the possible health effects of battlefield exposure in such veterans to

depleted uranium.

(6) In response to concerns about the lack of objective research on Gulf War illnesses, Congress included research provisions in the National Defense Authorization Act for Fiscal

Year 1995 [Public Law 103–337, see Tables for classification],

which was passed by the House and Senate in September

1994. This legislation requires the Secretary of Defense to provide research grants to non-Federal researchers to support

three types of studies of the Gulf War syndrome. The first type

of study will be an epidemiological study or studies of the incidence, prevalence, and nature of the illness and symptoms and

the risk factors associated with symptoms or illnesses. This

will include illnesses among spouses and birth defects and illnesses among offspring born before and after the Gulf War.

The second group of studies shall be conducted to determine

the health consequences of the use of pyridostigmine bromide

as a pretreatment antidote enhancer during the Persian Gulf

War, alone or in combination with exposure to pesticides, environmental toxins, and other hazardous substances. The final

group of studies shall include clinical research and other studies on the causes, possible transmission, and treatment of Gulf

War syndrome, and will include studies of veterans and their

spouses and children.

(7) Further research and studies must be undertaken to determine the underlying causes of the illnesses suffered by Persian Gulf War veterans and, pending the outcome of such research, veterans who are seriously ill as the result of such illnesses should be given the benefit of the doubt and be provided

compensation benefits to offset the impairment in earnings capacities they may be experiencing.

SEC. 103 [38 U.S.C. 1117 note]. PURPOSES.

The purposes of this title are—

(1) to provide compensation to Persian Gulf War veterans

who suffer disabilities resulting from illnesses that cannot now

be diagnosed or defined, and for which other causes cannot be

identified;
981 PERSIAN GULF WAR VETERANS’ BENEFITS

(2) to require the Secretary of Veterans Affairs to develop at

the earliest possible date case assessment strategies and definitions or diagnoses of such illnesses;

(3) to promote greater outreach to Persian Gulf War veterans

and their families to inform them of ongoing research activities, as well as the services and benefits to which they are currently entitled; and

(4) to ensure that research activities and accompanying surveys of Persian Gulf War veterans are appropriately funded

and undertaken by the Department of Veterans Affairs.

SEC. 104 [38 U.S.C. 1117 note]. DEVELOPMENT OF MEDICAL EVALUATION PROTOCOL.

(a) UNIFORM MEDICAL EVALUATION PROTOCOL.—(1) The Secretary of Veterans Affairs shall develop and implement a uniform

and comprehensive medical evaluation protocol that will ensure appropriate medical assessment, diagnosis, and treatment of Persian

Gulf War veterans who are suffering from illnesses the origins of

which are (as of the date of the enactment of this Act [Nov. 2,

1994]) unknown and that may be attributable to service in the

Southwest Asia theater of operations during the Persian Gulf War.

The protocol shall include an evaluation of complaints relating to

illnesses involving the reproductive system.

(2) If such a protocol is not implemented before the end of the

120-day period beginning on the date of the enactment of this Act

[Nov. 2, 1994], the Secretary shall, before the end of such period,

submit to the Committees on Veterans’ Affairs of the Senate and

House of Representatives a report as to why such a protocol has

not yet been developed.

(3)(A) The Secretary shall ensure that the evaluation under the

protocol developed under this section is available at all Department

medical centers that have the capability of providing the medical

assessment, diagnosis, and treatment required under the protocol.

(B) The Secretary may enter into contracts with non-Department

medical facilities for the provision of the evaluation under the protocol.

(C) In the case of a veteran whose residence is distant from a

medical center described in subparagraph (A), the Secretary may

provide the evaluation through a Department medical center described in that subparagraph and, in such a case, may provide the

veteran the travel and incidental expenses therefor pursuant to the

provisions of section 111 of title 38, United States Code.

(4)(A) If the Secretary is unable to diagnose the symptoms or illness of a veteran provided an evaluation, or if the symptoms or illness of a veteran do not respond to treatment provided by the Secretary, the Secretary may use the authority in section 1703 of title

38, United States Code, in order to provide for the veteran to receive diagnostic tests or treatment at a non-Department medical facility that may have the capability of diagnosing or treating the

symptoms or illness of the veteran. The Secretary may provide the

veteran the travel and incidental expenses therefor pursuant to the

provisions of section 111 of title 38, United States Code.

(B) The Secretary shall request from each non-Department medical facility that examines or treats a veteran under this paragraph
PERSIAN GULF WAR VETERANS’ BENEFITS 982

such information relating to the diagnosis or treatment as the Secretary considers appropriate.

(5) In each year after the implementation of the protocol, the Secretary shall enter into an agreement with the National Academy of

Sciences under which agreement appropriate experts shall review

the adequacy of the protocol and its implementation by the Department of Veterans Affairs.

(b) RELATIONSHIP TO OTHER COMPREHENSIVE CLINICAL EVALUATION PROTOCOLS.—The Secretary, in consultation with the Secretary of Defense, shall ensure that the information collected

through the protocol described in this section is collected and maintained in a manner that permits the effective and efficient crossreference of that information with information collected and maintained through the comprehensive clinical protocols of the Department of Defense for Persian Gulf War veterans.

(c) CASE DEFINITIONS AND DIAGNOSES.—The Secretary shall develop case definitions or diagnoses for illnesses associated with the

service described in subsection (a)(1). The Secretary shall develop

such definitions or diagnoses at the earliest possible date.

SEC. 105 [38 U.S.C. 1117 note]. OUTREACH TO PERSIAN GULF VETERANS.

(a) IN GENERAL.—The Secretary of Veterans Affairs shall implement a comprehensive outreach program to inform Persian Gulf

War veterans and their families of the medical care and other benefits that may be provided by the Department of Veterans Affairs

and the Department of Defense arising from service in the Persian

Gulf War.

(b) NEWSLETTER.—(1) The outreach program shall include a

newsletter which shall be updated and distributed at least semi-annually and shall be distributed to the veterans listed on the Persian Gulf War Veterans Health Registry. The newsletter shall include summaries of the status and findings of Government sponsored research on illnesses of Persian Gulf War veterans and their

families, as well as on benefits available to such individuals

through the Department of Veterans Affairs. The newsletter shall

be prepared in consultation with veterans service organizations.

(2) The requirement under this subsection for the distribution of

the newsletter shall terminate on December 31, 2003.

(c) TOLL-FREE NUMBER.—The outreach program shall include establishment of a toll-free telephone number to provide Persian Gulf

War veterans and their families information on the Persian Gulf

War Veterans Health Registry, health care and other benefits provided by the Department of Veterans Affairs, and such other information as the Secretary considers appropriate. Such toll-free telephone number shall be established not later than 90 days after the

date of the enactment of this Act [Nov. 2, 1994].

SEC. 106. [Omitted Sec. 106 added Sec. 1117 to title 38, U.S.C.]

SEC. 107 [38 U.S.C. 1117 note]. EVALUATION OF HEALTH STATUS OF

SPOUSES AND CHILDREN OF PERSIAN GULF WAR VETERANS.

(a) EVALUATION PROGRAM.—Subject to subsection (c), the Secretary of Veterans Affairs shall conduct a program to evaluate the

health status of spouses and children of Persian Gulf War veterans.
983 PERSIAN GULF WAR VETERANS’ BENEFITS

Under the program, the Secretary shall provide for the conduct of

diagnostic testing and appropriate medical examinations of any

individual—

(1) who is the spouse or child of a veteran who—

(A) is listed in the Persian Gulf War Veterans Registry

established under section 702 of Public Law 102–585 [set

out in a note under section 527 of this title]; and

(B) is suffering from an illness or disorder;

(2) who is apparently suffering from, or may have suffered

from, an illness or disorder (including a birth defect, miscarriage, or stillbirth) which cannot be disassociated from the

veteran’s service in the Southwest Asia theater of operations;

and

(3) who, in the case of a spouse, has granted the Secretary

permission to include in the Registry relevant medical data (including a medical history and the results of diagnostic testing

and medical examinations) and such other information as the

Secretary considers relevant and appropriate with respect to

such individual.

(b) DURATION OF PROGRAM.—The program shall be carried out

during the period beginning on November 1, 1994, and ending on

December 31, 2003.

(c) FUNDING LIMITATION.—The amount spent for the program

under subsection (a) may not exceed $2,000,000.

(d) CONTRACTING.—The Secretary may provide for the conduct of

testing and examinations under subsection (a) through appropriate

contract arrangements, including fee arrangements described in

section 1703 of title 38, United States Code..

(e) STANDARD PROTOCOLS AND GUIDELINES.—The Secretary shall

seek to ensure uniform development of medical data through the

development of standard protocols and guidelines for such testing

and examinations. If such protocols and guidelines have not been

adopted before the end of the 120-day period beginning on the date

of the enactment of this Act [Nov. 2, 1994], the Secretary shall, before the end of such period, submit to the Committees on Veterans’

Affairs of the Senate and House of Representatives a report as to

why such protocols and guidelines have not yet been developed.

(f) ENTRY OF RESULTS IN REGISTRY.—The results of diagnostic

tests, medical histories, and medical examinations conducted under

subsection (a) shall be entered into the Persian Gulf War Veterans

Health Registry.

(g) OUTREACH.—The Secretary shall conduct such outreach activities as the Secretary determines necessary for the purposes of

the program. In conducting such outreach activities, the Secretary

shall advise that medical treatment is not available under the program.

(h) USE OUTSIDE DEPARTMENT OF STANDARD PROTOCOLS AND

GUIDELINES.—The Secretary shall—

(1) make the standard protocols and guidelines developed

under this section available to any entity which requests a

copy of such protocols and guidelines; and

(2) enter into the registry the results of any examination of

the spouse or child of a veteran who served in the Persian Gulf
PERSIAN GULF WAR VETERANS’ BENEFITS 984

theater which a licensed physician certifies was conducted

using those standard protocols and guidelines.

(i) REPORT TO CONGRESS.—Not later than July 31, 1999, the Secretary shall submit to the Committees on Veterans’ Affairs of the

Senate and House of Representatives a report on activities with respect to the program, including the provision of services under subsection (d).

(j) DEFINITIONS.—For purposes of this section, the terms ‘‘child’’

and ‘‘spouse’’ have the meanings given those terms in paragraphs

(4) and (31), respectively, of section 101 of title 38, United States

Code.

SEC. 108. [Omitted. Sec. 108 amended section 703 of P.L. 102–585.]

SEC. 109 [38 U.S.C. 1117 note]. SURVEY OF PERSIAN GULF VETERANS.

(a) IN GENERAL.—The Secretary of Veterans Affairs may carry

out a survey of Persian Gulf veterans to gather information on the

incidence and nature of health problems occurring in Persian Gulf

veterans and their families.

(b) COORDINATION WITH DEPARTMENT OF DEFENSE.—Any survey

under subsection (a) shall be carried out in coordination with the

Secretary of Defense.

(c) PERSIAN GULF VETERAN.—For purposes of this section, a Persian Gulf veteran is an individual who served on active duty in the

Armed Forces in the Southwest Asia theater of operations during

the Persian Gulf War as defined in section 101(33) of title 38,

United States Code.

SEC. 110 [38 U.S.C. 1117 note]. AUTHORIZATION FOR EPIDEMIOLOGICAL

STUDIES.

(a) STUDY OF HEALTH CONSEQUENCES OF PERSIAN GULF SERVICE.—If the National Academy of Sciences includes in the report required by section 706(b) of the Veterans Health Care Act of 1992

(Public Law 102–585) [set out in a note under section 527 of this

title] a finding that there is a sound basis for an epidemiological

study or studies on the health consequences of service in the Persian Gulf theater of operations during the Persian Gulf War and

recommends the conduct of such a study or studies, the Secretary

of Veterans Affairs is authorized to carry out such study.

(b) OVERSIGHT.—(1) The Secretary shall seek to enter into an

agreement with the Medical Follow-Up Agency (MFUA) of the Institute of Medicine of the National Academy of Sciences for (A) the

review of proposals to conduct the research referred to in subsection (a), (B) oversight of such research, and (C) review of the research findings.

(2) If the Secretary is unable to enter into an agreement under

paragraph (1) with the entity specified in that paragraph, the Secretary shall enter into an agreement described in that paragraph

with another appropriate scientific organization which does not

have a connection to the Department of Veterans Affairs. In such

a case, the Secretary shall submit to the Committees on Veterans’

Affairs of the Senate and House of Representatives, at least 90

days before the date on which the agreement is entered into, notice

in writing identifying the organization with which the Secretary intends to enter into the agreement.
985 PERSIAN GULF WAR VETERANS’ BENEFITS

(c) ACCESS TO DATA.—The Secretary shall enter into agreements

with the Secretary of Defense and the Secretary of Health and

Human Services to make available for the purposes of any study

described in subsection (a) all data that the Secretary, in consultation with the National Academy of Sciences and the contractor for

the study, considers relevant to the study.

(d) AUTHORIZATION.—There are authorized to be appropriated to

the Department such sums as are necessary for the conduct of

studies described in subsection (a).

SEC. 111. [Omitted.]
(986)

DEMONSTRATION PROJECTS FOR TREATMENT OF

PERSIAN GULF ILLNESS

Section 209(b) of Public Law 105–114 provides:

(b) [38 U.S.C. 1710 note]. DEMONSTRATION PROJECTS FOR TREATMENT OF PERSIAN GULF ILLNESS.—(1) The Secretary of Veterans

Affairs shall carry out a program of demonstration projects to test

new approaches to treating, and improving the satisfaction with

such treatment of, Persian Gulf veterans who suffer from

undiagnosed and ill-defined disabilities. The program shall be established not later than July 1, 1998, and shall be carried out at

up to 10 geographically dispersed medical centers of the Department of Veterans Affairs.

(2) At least one of each of the following models shall be used at

no less than two of the demonstration projects:

(A) A specialized clinic which serves Persian Gulf veterans.

(B) Multidisciplinary treatment aimed at managing symptoms.

(C) Use of case managers.

(3) A demonstration project under this subsection may be undertaken in conjunction with another funding entity, including agreements under section 8111 of title 38, United States Code.

(4) The Secretary shall make available from appropriated funds

(which have been retained for contingent funding) $5,000,000 to

carry out the demonstration projects.

(5) The Secretary may not approve a medical center as a location

for a demonstration project under this subsection unless a peer review panel has determined that the proposal submitted by that

medical center is among those proposals that have met the highest

competitive standards of clinical merit and the Secretary has determined that the facility has the ability to—

(A) attract the participation of clinicians of outstanding caliber and innovation to the project; and

(B) effectively evaluate the activities of the project.

(6) In determining which medical centers to select as locations

for demonstration projects under this subsection, the Secretary

shall give special priority to medical centers that have demonstrated a capability to compete successfully for extramural funding support for research into the effectiveness and cost-effectiveness of the care provided under the demonstration project.
(987)

IMPROVING EFFECTIVENESS OF CARE OF PERSIAN

GULF WAR VETERANS

Section 105 of Public Law 105–368 provides:

SEC. 105 [38 U.S.C. 1117 note]. IMPROVING EFFECTIVENESS OF CARE OF

PERSIAN GULF WAR VETERANS.

(a) ASSESSMENT BY NATIONAL ACADEMY OF SCIENCES.—Not later

than April 1, 1999, the Secretary of Veterans Affairs shall enter

into a contract with the National Academy of Sciences to review

the available scientific data in order to—

(1) assess whether a methodology could be used by the Department of Veterans Affairs for determining the efficacy of

treatments furnished to, and health outcomes (including functional status) of, Persian Gulf War veterans who have been

treated for illnesses which may be associated with their service

in the Persian Gulf War; and

(2) identify, to the extent feasible, with respect to each

undiagnosed illness prevalent among such veterans and for

any other chronic illness that the Academy determines to warrant such review, empirically valid models of treatment for

such illness which employ successful treatment modalities for

populations with similar symptoms.

(b) ACTION ON REPORT.—(1) After receiving the final report of the

National Academy of Sciences under subsection (a), the Secretary

shall, if a reasonable and scientifically feasible methodology is

identified by the Academy, develop an appropriate mechanism to

monitor and study the effectiveness of treatments furnished to, and

health outcomes of, Persian Gulf War veterans who suffer from diagnosed and undiagnosed illnesses which may be associated with

their service in the Persian Gulf War.

(2) The Secretary shall submit to the Committees on Veterans’

Affairs of the Senate and House of Representatives a report on the

implementation of paragraph (1).

(3) The Secretary shall carry out paragraphs (1) and (2) not later

than 180 days after receiving the final report of the National Academy of Sciences under subsection (a).
(988)

PERSIAN GULF WAR VETERANS ACT OF 1998, SECTIONS

1603 to 1605

SEC. 1603 [38 U.S.C. 1117 note]. AGREEMENT WITH NATIONAL ACADEMY

OF SCIENCES.

(a) PURPOSE.—The purpose of this section is to provide for the

National Academy of Sciences, an independent nonprofit scientific

organization with appropriate expertise, to review and evaluate the

available scientific evidence regarding associations between illnesses and exposure to toxic agents, environmental or wartime

hazards, or preventive medicines or vaccines associated with Gulf

War service.

(b) AGREEMENT.—The Secretary of Veterans Affairs shall seek to

enter into an agreement with the National Academy of Sciences for

the Academy to perform the activities covered by this section. The

Secretary shall seek to enter into the agreement not later than two

months after the date of enactment of this Act [Oct. 21, 1998].

(c) IDENTIFICATION OF AGENTS AND ILLNESSES.—(1) Under the

agreement under subsection (b), the National Academy of Sciences

shall—

(A) identify the biological, chemical, or other toxic agents, environmental or wartime hazards, or preventive medicines or

vaccines to which members of the Armed Forces who served in

the Southwest Asia theater of operations during the Persian

Gulf War may have been exposed by reason of such service;

and

(B) identify the illnesses (including diagnosed illnesses and

undiagnosed illnesses) that are manifest in such members.

(2) In identifying illnesses under paragraph (1)(B), the Academy

shall review and summarize the relevant scientific evidence regarding illnesses among the members described in paragraph (1)(A) and

among other appropriate populations of individuals, including mortality, symptoms, and adverse reproductive health outcomes among

such members and individuals.

(d) INITIAL CONSIDERATION OF SPECIFIC AGENTS.—(1) In identifying under subsection (c) the agents, hazards, or preventive medicines or vaccines to which members of the Armed Forces may have

been exposed for purposes of the first report under subsection (i),

the National Academy of Sciences shall consider, within the first

six months after the date of enactment of this Act [Oct. 21, 1998],

the following:

(A) The following organophosphorous pesticides:

(i) Chlorpyrifos.

(ii) Diazinon.

(iii) Dichlorvos.

(iv) Malathion.

(B) The following carbamate pesticides:
989 PERSIAN GULF WAR ACT OF 1998

(i) Proxpur.

(ii) Carbaryl.

(iii) Methomyl.

(C) The carbamate pyridostigmine bromide used as nerve

agent prophylaxis.

(D) The following chlorinated hydrocarbon and other pesticides and repellents:

(i) Lindane.

(ii) Pyrethrins.

(iii) Permethrins.

(iv) Rodenticides (bait).

(v) Repellent (DEET).

(E) The following low-level nerve agents and precursor compounds at exposure levels below those which produce immediately apparent incapacitating symptoms:

(i) Sarin.

(ii) Tabun.

(F) The following synthetic chemical compounds:

(i) Mustard agents at levels below those which cause immediate blistering.

(ii) Volatile organic compounds.

(iii) Hydrazine.

(iv) Red fuming nitric acid.

(v) Solvents.

(vi) Uranium.

(G) The following ionizing radiation:

(i) Depleted uranium.

(ii) Microwave radiation.

(iii) Radio frequency radiation.

(H) The following environmental particulates and pollutants:

(i) Hydrogen sulfide.

(ii) Oil fire byproducts.

(iii) Diesel heater fumes.

(iv) Sand micro-particles.

(I) Diseases endemic to the region (including the following):

(i) Leishmaniasis.

(ii) Sandfly fever.

(iii) Pathogenic escherechia coli.

(iv) Shigellosis.

(J) Time compressed administration of multiple live, ‘attenuated’, and toxoid vaccines.

(2) The consideration of agents, hazards, and medicines and vaccines under paragraph (1) shall not preclude the Academy from

identifying other agents, hazards, or medicines or vaccines to which

members of the Armed Forces may have been exposed for purposes

of any report under subsection (i).

(3) Not later than six months after the date of enactment of this

Act [Oct. 21, 1998], the Academy shall submit to the designated

congressional committees a report specifying the agents, hazards,

and medicines and vaccines considered under paragraph (1).

(e) DETERMINATIONS OF ASSOCIATIONS BETWEEN AGENTS AND ILLNESSES.—(1) For each agent, hazard, or medicine or vaccine and illness identified under subsection (c), the National Academy of
PERSIAN GULF WAR ACT OF 1998 990

Sciences shall determine, to the extent that available scientific

data permit meaningful determinations— (A) whether a statistical association exists between exposure

to the agent, hazard, or medicine or vaccine and the illness,

taking into account the strength of the scientific evidence and

the appropriateness of the scientific methodology used to detect

the association;

(B) the increased risk of the illness among human or animal

populations exposed to the agent, hazard, or medicine or vaccine; and

(C) whether a plausible biological mechanism or other evidence of a causal relationship exists between exposure to the

agent, hazard, or medicine or vaccine and the illness.

(2) The Academy shall include in its reports under subsection (i)

a full discussion of the scientific evidence and reasoning that led

to its conclusions under this subsection.

(f) REVIEW OF POTENTIAL TREATMENT MODELS FOR CERTAIN ILL- NESSES.—Under the agreement under subsection (b), the National

Academy of Sciences shall separately review, for each chronic

undiagnosed illness identified under subsection (c)(1)(B) and for

any other chronic illness that the Academy determines to warrant

such review, the available scientific data in order to identify empirically valid models of treatment for such illnesses which employ

successful treatment modalities for populations with similar

symptoms.

(g) RECOMMENDATIONS FOR ADDITIONAL SCIENTIFIC STUDIES.—(1)

Under the agreement under subsection (b), the National Academy

of Sciences shall make any recommendations that it considers appropriate for additional scientific studies (including studies relating

to treatment models) to resolve areas of continuing scientific uncertainty relating to the health consequences of exposure to toxic

agents, environmental or wartime hazards, or preventive medicines

or vaccines associated with Gulf War service.

(2) In making recommendations for additional studies, the Academy shall consider the available scientific data, the value and relevance of the information that could result from such studies, and

the cost and feasibility of carrying out such studies.

(h) SUBSEQUENT REVIEWS.—(1) Under the agreement under subsection (b), the National Academy of Sciences shall conduct on a

periodic and ongoing basis additional reviews of the evidence and

data relating to its activities under this section.

(2) As part of each review under this subsection, the Academy

shall—

(A) conduct as comprehensive a review as is practicable of

the evidence referred to in subsection (c) and the data referred

to in subsections (e), (f), and (g) that became available since

the last review of such evidence and data under this section;

and

(B) make determinations under the subsections referred to in

subparagraph (A) on the basis of the results of such review and

all other reviews previously conducted for purposes of this section.

(i) REPORTS.—(1) Under the agreement under subsection (b), the

National Academy of Sciences shall submit to the committees and
991 PERSIAN GULF WAR ACT OF 1998

officials referred to in paragraph (5) periodic written reports regarding the Academy’s activities under the agreement.

(2) The first report under paragraph (1) shall be submitted not

later than 18 months after the date of enactment of this Act [Oct.

21, 1998]. That report shall include—

(A) the determinations and discussion referred to in subsection (e);

(B) the results of the review of models of treatment under

subsection (f); and

(C) any recommendations of the Academy under subsection

(g).

(3) Reports shall be submitted under this subsection at least once

every two years, as measured from the date of the report under

paragraph (2).

(4) In any report under this subsection (other than the report

under paragraph (2)), the Academy may specify an absence of

meaningful developments in the scientific or medical community

with respect to the activities of the Academy under this section

during the 2-year period ending on the date of such report.

(5) Reports under this subsection shall be submitted to the following:

(A) The designated congressional committees.

(B) The Secretary of Veterans Affairs.

(C) The Secretary of Defense.

(j) SUNSET.—This section shall cease to be effective on Octobe 1,

2010.

(k) ALTERNATIVE CONTRACT SCIENTIFIC ORGANIZATION.—(1) If the

Secretary is unable within the time period set forth in subsection

(b) to enter into an agreement with the National Academy of

Sciences for the purposes of this section on terms acceptable to the

Secretary, the Secretary shall seek to enter into an agreement for

purposes of this section with another appropriate scientific organization that is not part of the Government, operates as a not-forprofit entity, and has expertise and objectivity comparable to that

of the National Academy of Sciences.

(2) If the Secretary enters into an agreement with another organization under this subsection, any reference in this section and

section 1118 of title 38, United States Code (as added by section

1602(a)), to the National Academy of Sciences shall be treated as

a reference to such other organization.

SEC. 1604 [38 U.S.C. 1117 note]. REPEAL OF INCONSISTENT PROVISIONS

OF LAW.

In the event of the enactment, before, on, or after the date of the

enactment of this Act [Oct. 21, 1998], of section 101 of the Veterans

Programs Enhancement Act of 1998, or any similar provision of

law enacted during the second session of the 105th Congress requiring an agreement with the National Academy of Sciences regarding an evaluation of health consequences of service in Southwest Asia during the Persian Gulf War, such section 101 (or other

provision of law) shall be treated as if never enacted, and shall

have no force or effect.

SEC. 1605 [38 U.S.C. 1117 note]. DEFINITIONS.

In this title:
PERSIAN GULF WAR ACT OF 1998 992

(1) The term ‘‘toxic agent, environmental or wartime hazard,

or preventive medicine or vaccine associated with Gulf War

service’’ means a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine that is known or presumed to be associated with service

in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War, whether such association

arises as a result of single, repeated, or sustained exposure and

whether such association arises through exposure singularly or

in combination.

(2) The term ‘‘designated congressional committees’’ means

the following:

(A) The Committees on Veterans’ Affairs and Armed

Services of the Senate.

(B) The Committees on Veterans’ Affairs and National

Security of the House of Representatives.

(3) The term ‘‘Persian Gulf War’’ has the meaning given that

term in section 101(33) of title 38, United States Code.
(993)

VIETNAM VETERANS

PUBLICATION OF LABOR–MARKET STATISTICS RELATING TO VETERANS WHO SERVED IN VIETNAM THEATRE OF OPERATIONS

Section 513 of Public Law 96–466 (Oct. 17, 1980, 94 Stat. 2207)

38 U.S.C. 4107 note, provides:

SEC. 513 [38 U.S.C. 4107 note]. REQUIREMENT FOR BUREAU OF LABOR

STATISTICS TO PUBLISH CERTAIN UNEMPLOYMENT INFORMATION ANNUALLY.

(a) When the Commissioner of the Bureau of Labor Statistics

publishes annual labor-market statistics relating specifically to veterans who served in the Armed Forces during the Vietnam era, the

Commissioner shall also publish separate labor-market statistics

on the same subject matter which apply only to veterans who

served in the Vietnam theatre of operations. When the Commissioner of the Bureau of Labor Statistics publishes labor-market statistics which relate specifically to veterans who served in the

Armed Forces during the Vietnam era in addition to those statistics published on an annual basis to which the preceding sentence

applies, the Commissioner shall also, if feasible, publish separate

labor-market statistics on the same subject matter which apply

only to veterans who served in the Vietnam theatre of operations.

(b) For the purposes of this section, veterans who during the

Vietnam era served in Vietnam, in air missions over Vietnam, or

in naval missions in the waters adjacent to Vietnam shall be

considered to be veterans who served in the Vietnam theatre of

operations.
(994)

OUTREACH TO VIETNAM VETERANS

Section 1204 of Public Law 100–687 (Nov. 18, 1988, 102 Stat.

4125) provides:

SEC. 1204 [38 U.S.C. 7722 note]. OUTREACH SERVICES.

(a) ONGOING OUTREACH PROGRAM.—(1) The Secretary of Veterans Affairs shall conduct an active, continuous outreach program

for furnishing to veterans of active military, naval, or air service

who served in the Republic of Vietnam during the Vietnam era information relating to—

(A) the health risks (if any) resulting from exposure during

that service to dioxin or any other toxic agent in herbicides

used in support of United States and allied military operations

in the Republic of Vietnam during the Vietnam era; and

(B) services and benefits available to such veterans with respect to such health risks.

(2) The Secretary of Veterans Affairs shall annually furnish updated information on health risks described in paragraph (1)(A) to

veterans referred to in paragraph (1).

(b) INFORMATION IN AGENT ORANGE REGISTRY.—The Secretary of

Veterans Affairs shall take reasonable actions to organize and update the information contained in the Department of Veterans Affairs Agent Orange Registry in a manner that enables the Secretary promptly to notify a veteran of any increased health risk for

such veteran resulting from exposure of such veteran to dioxin or

any other toxic agent referred to in subsection (a) during Vietnamera service in the Republic of Vietnam whenever the Secretary determines, on the basis of physical examination or other pertinent

information, that such veteran is subject to such an increased

health risk.
(995)

STUDY OF POST-TRAUMATIC STRESS DISORDER IN

VIETNAM VETERANS

Section 212 of Public Law 106–419 provides:

SEC. 212 [38 U.S.C. 1712A note]. STUDY OF POST-TRAUMATIC STRESS

DISORDER IN VIETNAM VETERANS.

(a) STUDY ON POST-TRAUMATIC STRESS DISORDER.—Not later

than 10 months after the date of the enactment of this Act [Nov.

1, 2000], the Secretary of Veterans Affairs shall enter into a contract with an appropriate entity to carry out a study on post-traumatic stress disorder.

(b) FOLLOW-UP STUDY.—The contract under subsection (a) shall

provide for a follow-up study to the study conducted in accordance

with section 102 of the Veterans Health Care Amendments of 1983

(Public Law 98–160). Such follow-up study shall use the data base

and sample of the previous study.

(c) INFORMATION TO BE INCLUDED.—The study conducted pursuant to this section shall be designed to yield information on—

(1) the long-term course of post-traumatic stress disorder;

(2) any long-term medical consequences of post-traumatic

stress disorder;

(3) whether particular subgroups of veterans are at greater

risk of chronic or more severe problems with such disorder;

and

(4) the services used by veterans who have post-traumatic

stress disorder and the effect of those services on the course of

the disorder.

(d) REPORT.—The Secretary shall submit to the Committees on

Veterans’ Affairs of the Senate and House of Representatives a report on the results of the study under this section. The report shall

be submitted no later than October 1, 2004.
(996)

AGENT ORANGE: AGREEMENT WITH NATIONAL

ACADEMY OF SCIENCES

Section 3 of Public Law 102–4, as amended, provides:

SEC. 3 [38 U.S.C. 1116 note]. AGREEMENT WITH NATIONAL ACADEMY OF

SCIENCES.

(a) PURPOSE.—The purpose of this section is to provide for the

National Academy of Sciences, an independent nonprofit scientific

organization with appropriate expertise which is not part of the

Federal Government, to review and evaluate the available scientific

evidence regarding associations between diseases and exposure to

dioxin and other chemical compounds in herbicides.

(b) AGREEMENT.—The Secretary shall seek to enter into an agreement with the National Academy of Sciences for the Academy to

perform the services covered by this section. The Secretary shall

seek to enter into such agreement not later than two months after

the date of the enactment of the Veterans’ Benefits Programs Improvement Act of 1991 [Aug. 14, 1991].

(c) REVIEW OF SCIENTIFIC EVIDENCE.—Under an agreement between the Secretary and the National Academy of Sciences under

this section, the Academy shall review and summarize the scientific evidence, and assess the strength thereof, concerning the association between exposure to an herbicide used in support of the

United States and allied military operations in the Republic of

Vietnam during the Vietnam era and each disease suspected to be

associated with such exposure.

(d) SCIENTIFIC DETERMINATIONS CONCERNING DISEASES.—(1) For

each disease reviewed, the Academy shall determine (to the extent

that available scientific data permit meaningful determinations)—

(A) whether a statistical association with herbicide exposure

exists, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect the association;

(B) the increased risk of the disease among those exposed to

herbicides during service in the Republic of Vietnam during

the Vietnam era; and

(C) whether there exists a plausible biological mechanism or

other evidence of a causal relationship between herbicide exposure and the disease.

(2) The Academy shall include in its reports under subsection (g)

a full discussion of the scientific evidence and reasoning that led

to its conclusions under this subsection.

(e) RECOMMENDATIONS FOR ADDITIONAL SCIENTIFIC STUDIES.—

The Academy shall make any recommendations it has for additional scientific studies to resolve areas of continuing scientific uncertainty relating to herbicide exposure. In making recommendations for further study, the Academy shall consider the scientific in-
997 AGENT ORANGE: NATIONAL ACADEMY OF SCIENCES

formation that is currently available, the value and relevance of

the information that could result from additional studies, and the

cost and feasibility of carrying out such additional studies.

(f) SUBSEQUENT REVIEWS.—An agreement under subsection (b)

shall require the National Academy of Sciences—

(1) to conduct as comprehensive a review as is practicable of

the evidence referred to in subsection (c) that became available

since the last review of such evidence under this section; and

(2) to make its determinations and estimates on the basis of

the results of such review and all other reviews conducted for

the purposes of this section.

(g) REPORTS.—(1) The agreement between the Secretary and the

National Academy of Sciences shall require the Academy to transmit to the Secretary and the Committees on Veterans’ Affairs of

the Senate and House of Representatives periodic written reports

regarding the Academy’s activities under the agreement. Such reports shall be submitted at least once every two years (as measured

from the date of the first report).

(2) The first report under this subsection shall be transmitted not

later than the end of the 18-month period beginning on the date

of the enactment of this Act [Feb. 6, 1991]. That report shall include (A) the determinations and discussion referred to in subsection (d), (B) any recommendations of the Academy under subsection (e), and (C) the recommendation of the Academy as to

whether the provisions of each of sections 6 through 9 [set out

below] should be implemented by the Secretary. In making its recommendation with respect to each such section, the Academy shall

consider the scientific information that is currently available, the

value and relevance of the information that could result from implementing that section, and the cost and feasibility of implementing that section. If the Academy recommends that the provisions of section 6 should be implemented, the Academy shall also

recommend the means by which clinical data referred to in that

section could be maintained in the most scientifically useful way.

(h) LIMITATION ON AUTHORITY.—The authority to enter into

agreements under this section shall be effective for a fiscal year to

the extent that appropriations are available.

(i) SUNSET.—This section shall cease to be effective on October 1,

2014.

(j) ALTERNATIVE CONTRACT SCIENTIFIC ORGANIZATION.—If the

Secretary is unable within the time period prescribed in subsection

(b) to enter into an agreement with the National Academy of

Sciences for the purposes of this section on terms acceptable to the

Secretary, the Secretary shall seek to enter into an agreement for

the purposes of this section with another appropriate scientific organization that is not part of the Government and operates as a

not-for-profit entity and that has expertise and objectivity comparable to that of the National Academy of Sciences. If the Secretary enters into such an agreement with another organization,

then any reference in this section and in section 1116 [formerly

316] of title 38, United States Code (as added by section 2), to the

National Academy of Sciences shall be treated as a reference to the

other organization.
AGENT ORANGE: NATIONAL ACADEMY OF SCIENCES 998

(k) LIABILITY INSURANCE.—(1) The Secretary may provide liability insurance for the National Academy of Sciences or any other

contract scientific organization to cover any claim for money damages for injury, loss of property, personal injury, or death caused

by any negligent or wrongful act or omission of any person referred

to in paragraph (2) in carrying out any of the following responsibilities of the Academy or such other organization, as the case may

be, under an agreement entered into with the Secretary pursuant

to this section:

(A) The review, summarization, and assessment of scientific

evidence referred to in subsection (c).

(B) The making of any determination, on the basis of such

review and assessment, regarding the matters set out in

clauses (A) through (C) of subsection (d)(1), and the preparation of the discussion referred to in subsection (d)(2).

(C) The making of any recommendation for additional scientific study under subsection (e).

(D) The conduct of any subsequent review referred to in subsection (f) and the making of any determination or estimate referred to in such subsection.

(E) The preparation of the reports referred to in subsection

(g).

(2) A person referred to in paragraph (1) is—

(A) an employee of the National Academy of Sciences or

other contract scientific organization referred to in paragraph

(1); or

(B) any individual appointed by the President of the Academy or the head of such other contract scientific organization,

as the case may be, to carry out any of the responsibilities referred to in such paragraph.

(3) The cost of the liability insurance referred to in paragraph (1)

shall be made from funds available to carry out this section.

(4) The Secretary shall reimburse the Academy or person referred to in paragraph (2) for the cost of any judgments (if any) and

reasonable attorney’s fees and incidental expenses, not compensated by the liability insurance referred to in paragraph (1) or

by any other insurance maintained by the Academy, incurred by

the Academy or person referred to in paragraph (2), in connection

with any legal or administrative proceedings arising out of or in

connection with the work to be performed under the agreement referred to in paragraph (1). Reimbursement of the cost of such judgments, attorney’s fees, and incidental expenses shall be paid from

funds appropriated for such reimbursement or appropriated to

carry out this section, but in no event shall any such reimbursement be made from funds authorized pursuant to section 1304 of

title 31, United States Code.
(999)

WOMEN VETERANS

REQUIREMENT TO PROVIDE FOR WOMEN VETERANS’

SPECIAL HEALTH CARE NEEDS

Section 302 of Public Law 98–160 (as amended) provides:

GENDER-SPECIFIC HEALTH-CARE SERVICES

SEC. 302 [38 U.S.C. 1701 note]. The Secretary of Veterans Affairs

shall ensure that each health-care facility under the direct jurisdiction of the Secretary is able, through services made available either

by individuals appointed to positions in the Veterans Health Administration or under contracts or other agreements made under

section 4117, or 5011, or 5053 [now 7409, 8111, and 8153] of title

38, United States Code, to provide appropriate care, in a timely

fashion, for any gender-specific disability (as defined in section

1701(1) of such title) of a woman veteran eligible for such care

under chapter 17 or chapter 31 of such title.
(1000)

WOMEN VETERANS HEALTH PROGRAMS

Sections 106, 108, and 110 of Public Law 102–585, provides:

SEC. 106 [38 U.S.C. 1710 note]. HEALTH CARE SERVICES FOR WOMEN.

(a) GENERAL AUTHORITY.—In furnishing hospital care and medical services under chapter 17 of title 38, United States Code, the

Secretary of Veterans Affairs may provide to women the following

health care services:

(1) Papanicolaou tests (pap smears).

(2) Breast examinations and mammography.

(3) General reproductive health care, including the management of menopause, but not including under this section infertility services, abortions, or pregnancy care (including prenatal

and delivery care), except for such care relating to a pregnancy

that is complicated or in which the risks of complication are increased by a service-connected condition.

(b) RESPONSIBILITIES OF DIRECTORS OF FACILITIES.—The Secretary shall ensure that directors of medical facilities of the Department identify and assess opportunities under the authority

provided in title II of this Act to (1) expand the availability of, and

access to, health care services for women veterans under sections

1710 and 1712 of title 38, United States Code, and (2) provide

counseling, care, and services authorized by this title.

* * * * * * *

SEC. 108 [38 U.S.C. 1710 note]. COORDINATION OF SERVICES.

The Secretary of Veterans Affairs shall ensure that an official in

each regional office of the Veterans Health Administration shall

serve as a coordinator of women’s services. The responsibilities of

such official shall include the following:

(1) Conducting periodic assessments of the needs for services

of women veterans within such region.

(2) Planning to meet such needs.

(3) Assisting in carrying out the purposes of section 106(b)

of this title.

(4) Coordinating the training of women veterans coordinators

who are assigned to Department facilities in the region under

the jurisdiction of such regional coordinator.

(5) Providing appropriate technical support and guidance to

Department facilities in that region with respect to outreach

activities to women veterans.

* * * * * * *

SEC. 110 [38 U.S.C. 1710 note]. POPULATION STUDY OF WOMEN

VETERANS.

(a) STUDY.—(1) The Secretary, subject to subsection (d), shall

conduct a study to determine the needs of veterans who are women
1001 HEALTH CARE SERVICES FOR WOMEN

for health-care services. The study shall be based on an appropriate

sample of veterans who are women.

(2) Before carrying out the study, the Secretary shall request the

advice of the Advisory Committee on Women Veterans on the conduct of the study.

(3) In carrying out the study, the Secretary shall include in the

sample veterans who are women and members of the Armed Forces

serving on active duty who are women. If it is feasible to do so

within the amounts available for the conduct of the study, the Secretary shall ensure that the sample referred to in paragraph (1)

constitutes a representative sampling (as determined by the Secretary) of the ages, the ethnic, social and economic backgrounds,

the enlisted and officer grades, and the branches of service of all

veterans who are women.

(b) REPORTS.—The Secretary shall submit to the Committees on

Veterans Affairs of the Senate and House of Representatives reports relating to the study as follows:

(1) Not later than 9 months after the date of the enactment

of this Act [Nov. 4, 1992], an interim report describing (A) the

information and advice obtained by the Secretary from the Advisory Committee on Women Veterans, and (B) the status of

the study.

(2) Not later than December 31, 1995, a final report describing the results of the study.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to

be appropriated to the general operating expenses account of the

Department of Veterans Affairs $2,000,000 to carry out the purposes of this section. Amounts appropriated pursuant to this authorization of appropriations shall be available for obligation until

expended without fiscal year limitation.

(d) LIMITATION.—No funds may be used to conduct the study described in subsection (a) unless expressly provided for in an appropriation Act.

(1003)

ACTS AMENDING TITLE 38

Public Law and Section Date Statute

Pub. L. 85–857, § 1 ............ Sept. 2, 1958 ...... 72 Stat. 1105 (Title 38, §§ 101–

5228)

Pub. L. 85–782, § 2 ............ Aug. 27, 1958 .... 72 Stat. 936 (Title 38, § 314)

Pub. L. 85–896 ................... Sept. 2, 1958 ...... 72 Stat. 1716 (Title 38, § 723)

Pub. L. 86–70, § 29 ............ June 25, 1959 .... 73 Stat. 148 (Title 38, §§ 903,2007)

Pub. L. 86–73 ..................... June 30, 1959 .... 73 Stat. 156 (Title 38, §§ 1802,

1803, 1804, 1823)

Pub. L. 86–103 ................... July 23, 1959 ..... 73 Stat. 224 (Title 38, § 230)

Pub. L. 86–109 ................... July 28, 1959 ..... 73 Stat. 258 (Title 38, § 4202)

Pub. L. 86–113 ................... July 28, 1959 ..... 73 Stat. 262 (Title 38, § 3103)

Pub. L. 86–116 ................... July 28, 1959 ..... 73 Stat. 265 (Title 38, § 235)

Pub. L. 86–146 ................... Aug. 7, 1959 ...... 73 Stat. 297 (Title 38, §§ 3202,

3203)

Pub. L. 86–150 ................... Aug. 11, 1959 .... 73 Stat. 332 (Title 38, § 1622)

Pub. L. 86–152 ................... Aug. 11, 1959 .... 73 Stat. 332 (Title 38, § 624)

Pub. L. 86–187 ................... Aug. 25, 1959 .... 73 Stat. 418 (Title 38, § 312)

Pub. L. 86–188 ................... Aug. 25, 1959 .... 73 Stat. 418 (Title 38, § 312)

Pub. L. 86–195 ................... Aug. 25, 1959 .... 73 Stat. 424 (Title 38, § 101)

Pub. L. 86–211, §§ 2–6 ...... Aug. 29, 1959 .... 73 Stat. 432 (Title 38, §§ 503, 506,

521, 522, 541–543, 617, 3203)

Pub. L. 86–212 ................... Sept. 1, 1959 ...... 73 Stat. 436 (Title 38, § 358)

Pub. L. 86–222 ................... Sept. 1, 1959 ...... 73 Stat. 452 (Title 38, §§ 3503–

3505)

Pub. L. 86–236 ................... Sept. 8, 1959 ...... 73 Stat. 471 (Title 38, § 1701)

Pub. L. 86–239 ................... Sept. 8, 1959 ...... 73 Stat. 472 (Title 38, § 801)

Pub. L. 86–490 ................... June 8, 1960 ...... 74 Stat. 161 (Title 38, § 3011)

Pub. L. 86–491 ................... June 8, 1960 ...... 74 Stat. 161 (Title 38, § 302)

Pub. L. 86–492 ................... June 8, 1960 ...... 74 Stat. 161 (Title 38, § 402)

Pub. L. 86–495 ................... June 8, 1960 ...... 74 Stat. 163 (Title 38, § 3104)

Pub. L. 86–497 ................... June 8, 1960 ...... 74 Stat. 164 (Title 38, § 712)

Pub. L. 86–499 ................... June 8, 1960 ...... 74 Stat. 165 (Title 38, § 315)

Pub. L. 86–501 ................... June 10, 1960 .... 74 Stat. 195 (Title 38, § 359)

Pub. L. 86–507, § 1(32),

(33).

June 11, 1960 .... 74 Stat. 202 (Title 38, §§ 784, 5226)

Pub. L. 86–568, § 114 ........ July 1, 1960 ....... 74 Stat. 300 (Title 38, §§ 4103,

4107, 4108)

Pub. L. 86–590 ................... July 5, 1960 ....... 74 Stat. 329 (Title 38, § 111)

Pub. L. 86–598 ................... July 7, 1960 ....... 74 Stat. 335 (Title 38, § 601)

Pub. L. 86–624, § 25 .......... July 12, 1960 ..... 74 Stat. 418 (Title 38, §§ 624, 903,

2007)

Pub. L. 86–625 ................... July 12, 1960 ..... 74 Stat. 424 (Title 38, § 641)

Pub. L. 86–639 ................... July 12, 1960 ..... 74 Stat. 472 (Title 38, §§ 601, 612)

Pub. L. 86–663 ................... July 14, 1960 ..... 74 Stat. 528 (Title 38, § 314)

Pub. L. 86–665 ................... July 14, 1960 ..... 74 Stat. 531 (Title 38, §§ 1803,

1804, 1806, 1811, 1814, 1823–

1825)

Pub. L. 86–670 ................... July 14, 1960 ..... 74 Stat. 545 (Title 38, §§ 511, 512)

Pub. L. 86–721, § 3 ............ Sept. 8, 1960 ...... 74 Stat. 820 (Title 38, § 1502)

Pub. L. 86–785 ................... Sept. 14, 1960 .... 74 Stat. 1023 (Title 38, §§ 1701,

1723)

Pub. L. 87–84 ..................... July 6, 1961 ....... 75 Stat. 201 (Title 38, §§ 1802,

1803, 1811, 1814, 1823)

Pub. L. 87–97 ..................... July 20, 1961 ..... 75 Stat. 215 (Title 38, § 4004)

Pub. L. 87–99 ..................... July 21, 1961 ..... 75 Stat. 218 (Title 38, § 903)

Pub. L. 87–101 ................... July 21, 1961 ..... 75 Stat. 218 (Title 38, § 521)

Pub. L. 87–102 ................... July 21, 1961 ..... 75 Stat. 219 (Title 38, § 106)
ACTS AMENDING TITLE 38 1004

Public Law and Section Date Statute

Pub. L. 87–138, §§ 1–3 ...... Aug. 14, 1961 .... 75 Stat. 338 (Title 38, §§ 560–562)

Pub. L. 87–223 ................... Sept. 13, 1961 .... 75 Stat. 495 (Title 38, § 723)

Pub. L. 87–240 ................... Sept. 14, 1961 .... 75 Stat. 512 (Title 38, § 901)

Pub. L. 87–268 ................... Sept. 21, 1961 .... 75 Stat. 566 (Title 38, §§ 107, 411,

412, 415, 422, 503)

Pub. L. 87–314 ................... Sept. 26, 1961 .... 75 Stat. 675 (Title 38, § 5011)

Pub. L. 87–377 ................... Oct. 4, 1961 ....... 75 Stat. 806 (Title 38, §§ 612, 1712

note)

Pub. L. 87–544 ................... July 25, 1962 ..... 76 Stat. 208 (Title 38, § 3203)

Pub. L. 87–546 ................... July 25, 1962 ..... 76 Stat. 216 (Title 38, § 1723)

Pub. L. 87–549 ................... July 25, 1962 ..... 76 Stat. 219 (Title 38, § 742)

Pub. L. 87–556 ................... July 27, 1962 ..... 76 Stat. 245 (Title 38, § 3203)

Pub. L. 87–557 ................... July 27, 1962 ..... 76 Stat. 245 (Title 38, § 718)

Pub. L. 87–572 ................... Aug. 6, 1962 ...... 76 Stat. 307 (Title 38, § 216)

Pub. L. 87–574 ................... Aug. 6, 1962 ...... 76 Stat. 308 (Title 38, §§ 233, 618,

4103, 4105, 4108, 4114)

Pub. L. 87–583 ................... Aug. 14, 1962 .... 76 Stat. 381 (Title 38, §§ 610, 612)

Pub. L. 87–591 ................... Aug. 16, 1962 .... 76 Stat. 393 (Title 38, § 1502A)

Pub. L. 87–610 ................... Aug. 28, 1962 .... 76 Stat. 406 (Title 38, § 360)

Pub. L. 87–645 ................... Sept. 7, 1962 ...... 76 Stat. 441 (Title 38, §§ 312, 314,

3203)

Pub. L. 87–666 ................... Sept. 19, 1962 .... 76 Stat. 553 (Title 38, §§ 4005–

4007)

Pub. L. 87–671, §§ 1, 2 ...... Sept. 19, 1962 .... 76 Stat. 557 (Title 38, §§ 3301,

4009)

Pub. L. 87–674 ................... Sept. 19, 1962 .... 76 Stat. 558 (Title 38, §§ 101, 103,

3010)

Pub. L. 87–675, § 1(a), (c) .. Sept. 19, 1962 .... 76 Stat. 558 (Title 38, §§ 2001–

2005)

Pub. L. 87–793, §§ 801–804 Oct. 11, 1962 ..... 76 Stat. 859–861 (Title 38, §§ 4103,

4107, 4108, 4111)

Pub. L. 87–815 ................... Oct. 15, 1962 ..... 76 Stat. 926 (Title 38, §§ 101, 230,

235, 624, 1502, 1613, 1712)

Pub. L. 87–819 ................... Oct. 15, 1962 ..... 76 Stat. 935 (Title 38, §§ 641, 1712)

Pub. L. 87–825 ................... Oct. 15, 1962 ..... 76 Stat, 948 (Title 38, §§ 110, 351,

359, 3010, 3012, 3110)

Pub. L. 87–850, § 1(a) ........ Oct. 23, 1962 ..... 76 Stat. 1126 (Title 38, § 619)

Pub. L. 88–3 ....................... Apr. 2, 1963 ....... 77 Stat. 4 (Title 38, § 904)

Pub. L. 88–18 ..................... May 8, 1963 ....... 77 Stat. 15 (Title 38, § 4103)

Pub. L. 88–20, § 1 .............. May 15, 1963 ..... 77 Stat. 17 (Title 38, § 314)

Pub. L. 88–21, §§ 1–4 ........ May 15 1963 ...... 77 Stat. 17 (Title 38, §§ 411, 413,

414, 415)

Pub. L. 88–22, § 1 .............. May 15, 1963 ..... 77 Stat. 18 (Title 38, § 314)

Pub. L. 88–40 ..................... June 13, 1963 .... 77 Stat. 66 (Title 38, § 632)

Pub. L. 88–77, § 5(1), (2) ... July 25, 1963 ..... 77 Stat. 95 (Title 38, §§ 560–562)

Pub. L. 88–126 ................... Sept. 23, 1963 .... 77 Stat. 158 (Title 38, §§ 1735–

1737, 1771–1778)

Pub. L. 88–134, § 1 ............ Oct. 5, 1963 ....... 77 Stat. 223 (Title 38, § 411)

Pub. L. 88–151, § 1 ............ Oct. 17 1963 ...... 77 Stat. 271 (Title 38, § 1820)

Pub. L. 88–207 ................... Dec. 17, 1963 ..... 77 Stat. 402 (Title 38, § 4110)

Pub. L. 88–274 ................... Feb. 29, 1964 ..... 78 Stat. 147 (Title 38, § 1823)

Pub. L. 88–355 ................... July 7, 1964 ....... 78 Stat. 272 (Title 38, § 715)

Pub. L. 88–359 ................... July 7, 1964 ....... 78 Stat. 296 (Title 38, § 902)

Pub. L. 88–361, §§ 1–4, 6,

7.

July 7, 1964 ....... 78 Stat. 297, 298 (Title 38, §§ 1643,

1701, 1711, 1712, 1741, 1762)

Pub. L. 88–364 ................... July 7, 1964 ....... 78 Stat. 302 (Title 38, § 712)

Pub. L. 88–401 ................... Aug. 4, 1964 ...... 78 Stat. 380 (Title 38, § 801)

Pub. L. 88–402 ................... Aug. 4, 1964 ...... 78 Stat. 380 (Title 38, § 1811)

Pub. L. 88–426, §§ 117(a),

118, 305(15).

Aug. 14, 1964 .... 78 Stat. 409, 410, 424 (Title 38,

§§ 210, 4103, 4107)

Pub. L. 88–430 ................... Aug. 14, 1964 .... 78 Stat. 438 (Title 38, § 612)

Pub. L. 88–433, § 1(a)–(c) .. Aug. 14, 1964 .... 78 Stat. 441 (Title 38, § 216)

Pub. L. 88–445, § 1(a), (b) Aug. 19, 1964 .... 78 Stat. 464 (Title 38, § 110)

Pub. L. 88–448,

§ 402(a)(38).

Aug. 19, 1964 .... 78 Stat. 495 (Title 38, § 4103 note)
1005 ACTS AMENDING TITLE 38

Public Law and Section Date Statute

Pub. L. 88–450 ................... Aug. 19 1964 ..... 78 Stat. 500 (Title 38, §§ 101, 612,

617, 620, 641, 3203, 5001, 5031–

5037)

Pub. L. 88–481 ................... Aug. 22, 1964 .... 78 Stat. 593 (Title 38, § 601)

Pub. L. 88–560, § 701(e) .... Sept. 2, 1964 ...... 78 Stat. 800 (Title 38, §§ 1820,

1823)

Pub. L. 88–616 ................... Oct. 2, 1964 ....... 78 Stat. 994 (Title 38, § 106)

Pub. L. 88–651 ................... Oct 13, 1964 ...... 78 Stat. 1078 (Title 38, § 560)

Pub. L. 88–664, §§ 1–9,

12(a), (b).

Oct. 13, 1964 ..... 78 Stat. 1094–1098 (Title 38,

§§ 502, 503, 506, 521, 541, 542,

612, 704, 725, 3104)

Pub. L. 89–40 ..................... June 14, 1965 .... 79 Stat. 130 (Title 38, § 725)

Pub. L. 89–50, § 2 .............. June 24, 1965 .... 79 Stat. 173 (Title 38, § 2104)

Pub. L. 89–88, § 1(a) .......... July 24, 1965 ..... 79 Stat. 264 (Title 38, § 112)

Pub. L. 89–117, § 107(f),

217(b).

Aug. 10, 1965 .... 79 Stat. 460, 473 (Title 38, §§ 1084,

1816)

Pub. L. 89–137 ................... Aug. 26, 1965 .... 79 Stat. 576 (Title 38, §§ 315, 1504)

Pub. L. 89–138, §§ 1, 2(2),

(4).

Aug. 26, 1965 .... 79 Stat. 577, 578 (Title 38, §§ 1502,

1503, 1511)

Pub. L. 89–214, § 1 ............ Sept. 29, 1965 .... 79 Stat. 880 (Title 38, §§ 211, 765–

776)

Pub. L. 89–222, §§ 1, 2 ...... Sept. 30, 1965 .... 79 Stat. 896 (Title 38, §§ 1701,

1732, 1742)

Pub. L. 89–300, § 1(a), (c) .. Oct. 28, 1965 ..... 79 Stat. 1110 (Title 38, §§ 235, 236)

Pub. L. 89–301, § 7 ............ Oct. 29, 1965 ..... 79 Stat. 1117 (Title 38, § 4107)

Pub. L. 89–311, §§ 1(a), 2,

3(a), (b), (d), (e), 4–6(a),

7, 8.

Oct. 31, 1965 ..... 79 Stat. 1154–1157 (Title 38,

§§ 101, 106, 314, 315, 360, 414,

560, 4116, 5001, 5033, 5034,

5035)

Pub. L. 89–349, § 1 ............ Nov. 8, 1965 ...... 79 Stat. 1313 (Title 38, § 1701)

Pub. L. 89–358, §§ 2,

3(a)(1), (2), (5)–(9), (11),

(b), 4(d)–(p), 5(a), (d)–

(f)(1), 6(c), 7(a), (8), (9).

Mar. 3, 1966 ...... 80 Stat. 12–28 (Title 38, §§ 101,

102, 111, 211, 337, 610, 901, 903,

1651, 1652, 1661–1663, 1670–

1676, 1681–1686, 1701, 1711,

1731, 1734–1736, 1761, 1762,

1770–1776, 1781–1790, 1803,

1811, 1818, 1822, 1826, 2001–

2004, 3013)

Pub. L. 89–360 ................... Mar. 7, 1966 ...... 80 Stat. 29 (Title 38, § 902)

Pub. L. 89–361, §§ 1(a), (b),

2.

Mar. 7, 1966 ...... 80 Stat. 29 (Title 38, §§ 210, 212)

Pub. L. 89–362, §§ 1, 2 ...... Mar. 7, 1966 ...... 80 Stat. 30 (Title 38, § 3203)

Pub. L. 89–455 ................... June 18, 1966 .... 80 Stat. 208 (Title 38, § 111)

Pub. L. 89–466 ................... June 22, 1966 .... 80 Stat. 217 (Title 38, § 412)

Pub. L. 89–467, § 1(a) ........ June 22, 1966 .... 80 Stat. 218 (Title 38, § 507)

Pub. L. 89–504, § 105 ........ July 18, 1966 ..... 80 Stat. 291 (Title 38, § 4107)

Pub. L. 89–506, § 5(b) ........ July 18, 1966 ..... 80 Stat. 307 (Title 38, § 4116)

Pub. L. 89–612 ................... Sept. 30, 1966 .... 80 Stat. 859 (Title 38, §§ 622, 632,

634)

Pub. L. 89–613, § 1 ............ Sept. 30, 1966 .... 80 Stat. 861 (Title 38, §§ 1765,

1766)

Pub. L. 89–641, § 2(a) ........ Oct. 11, 1966 ..... 80 Stat. 885 (Title 38, § 107)

Pub. L. 89–705 ................... Nov. 2, 1966 ...... 80 Stat. 1099 (Title 38, § 216)

Pub. L. 89–730, §§ 1–6 ...... Nov. 2, 1966 ...... 80 Stat. 1157 (Title 38, §§ 413, 414,

415, 776 note, 3012)

Pub. L. 89–769, § 3(c) ........ Nov. 6, 1966 ...... 80 Stat. 1316 (Title 38, § 1820)

Pub. L. 89–785, §§ 101–

103(b), 104–107(3), 108,

109(a), 110, 111(c),

112(a), 201(a), 201(a),

(b), 203, 301–303(b).

Nov. 7, 1966 ...... 80 Stat. 1368–1377 (Title 38,

§§ 210, 213, 233, 610, 4101–4107,

4111–4114, 4117, 5004, 5012,

5051–5057)

Pub. L. 90–19, § 25 ............ May 25, 1967 ..... 81 Stat. 28 (Title 38, §§ 1802–1804)
ACTS AMENDING TITLE 38 1006

Public Law and Section Date Statute

Pub. L. 90–77, §§ 101–

108(a), 109, 111, 201–

202(h), 203, 204, 301–

301(b), 303, 304(a), (c),

(d), 305, 306 (a), (b)(2),

307(a), 308(a), 401–

403(b), 404.

Aug. 31, 1967 .... 81 Stat. 178–190 (Title 38, §§ 101,

103, 302, 314, 404, 502, 503, 511,

512, 521, 531, 532, 534, 536, 541,

542, 544, 602, 612, 617, 901,

1652, 1661, 1662, 1673, 1677,

1678, 1682–1687, 1712, 1777–

1779, 1784, 1802, 1803, 1811,

1901, 1905)

Pub. L. 90–206, § 208 ........ Dec. 16, 1967 ..... 81 Stat. 631 (Title 38, § 4107)

Pub. L. 90–275, §§ 1, 2, 5 .. Mar. 28, 1968 .... 82 Stat. 64–68 (Title 38, §§ 415,

521, 541, 3012)

Pub. L. 90–301, §§ 1, 2,

5(a).

May 7, 1968 ....... 82 Stat. 113, 116 (Title 38, §§ 1810,

1811, 1822, 1827)

Pub. L. 90–429 ................... July 26, 1968 ..... 82 Stat. 446 (Title 38, § 620)

Pub. L. 90–431 ................... July 26, 1968 ..... 82 Stat. 447 (Title 38, § 1504)

Pub. L. 90–432 ................... July 26, 1968 ..... 82 Stat. 448 (Title 38, §§ 641, 5033)

Pub. L. 90–448, § 807(h) .... Aug. 1, 1968 ...... 82 Stat. 545 (Title 38, § 1820)

Pub. L. 90–493, §§ 1(a),

3(a), 4(b), 5.

Aug. 19, 1968 .... 82 Stat. 808, 809 (Title 38, §§ 314,

356 note, 617, 1682 note)

Pub. L. 90–612, §§ 1–3 ...... Oct. 21, 1968 ..... 82 Stat. 1202 (Title 38, §§ 601, 620)

Pub. L. 90–631, §§ 1(a)–

(d)(1), 2(a)(1), (b)–(e), (g),

3–5.

Oct. 23, 1968 ..... 82 Stat. 1331–1335 (Title 38,

§§ 1502, 1661, 1677, 1682, 1700,

1701, 1711, 1712, 1720, 1774,

1791)

Pub. L. 91–22 ..................... June 6, 1969 ...... 83 Stat. 32 (Title 38, §§ 801, 802,

1803, 1811)

Pub. L. 91–24, §§ 2(c), 3–

13, 15, 16.

June 11, 1969 .... 83 Stat. 33–35 (Title 38, §§ 101,

104, 213, 351, 401, 411, 560, 625,

631, 632, 904, 1503, 1701, 1711,

1765, 1789, 3203, 3301, 3401,

3402, 3503, 3504)

Pub. L. 91–32 ..................... June 23, 1969 .... 83 Stat. 38 (Title 38, § 110)

Pub. L. 91–96, §§ 1–5, 7 .... Oct. 27, 1969 ..... 83 Stat. 144–146 (Title 38, §§ 322,

401–403, 411, 421)

Pub. L. 91–101 ................... Oct. 30, 1969 ..... 83 Stat. 167 (Title 38, § 620)

Pub. L. 91–102 ................... Oct. 30, 1969 ..... 83 Stat. 168 (Title 168, § 612)

Pub. L. 91–178, §§ 1, 2(a) .. Dec. 30, 1969 ..... 83 Stat. 836 (Title 38, §§ 641, 644)

Pub. L. 91–219, §§ 101–

104, 201–203, 204(a)(1),

(3), (4), 205–207(a), 208–

213(1), 214(a).

Mar. 26, 1970 .... 84 Stat. 76–85 (Title 38, §§ 240–

244, 1504, 1652, 1661, 1673,

1677, 1681–1684, 1690–1693,

1695–1697, 1712, 1723, 1733,

1742, 1763, 1772, 1777, 1781)

Pub. L. 91–241 ................... May 7, 1970 ....... 84 Stat. 203 (Title 38, § 361)

Pub. L. 91–262, §§ 1–3 ...... May 21, 1970 ..... 84 Stat. 256 (Title 38, §§ 101, 413,

414)

Pub. L. 91–291, §§ 1–6, 8–

13(a).

June 25, 1970 .... 84 Stat. 326–332 (Title 38, §§ 417,

705, 707, 717, 745, 752, 765,

767–770, 774)

Pub. L. 91–338 ................... July 16, 1970 ..... 84 Stat. 437 (Title 38, § 230)

Pub. L. 91–376, §§ 1–9 ...... Aug. 12, 1970 .... 84 Stat. 787–790 (Title 38, §§ 103,

211, 312, 314, 315, 3010, 3104,

3111)

Pub. L. 91–496, §§ 1–4 ...... Oct. 22, 1970 ..... 84 Stat. 1092 (Title 38, §§ 4107,

4114, 5053)

Pub. L. 91–500, §§ 1–4 ...... Oct. 22, 1970 ..... 84 Stat. 1096 (Title 38, §§ 610, 612,

622)

Pub. L. 91–506, §§ 2–6 ...... Oct. 23, 1970 ..... 84 Stat. 1108–1113 (Title 38,

§§ 802, 1802–1804, 1810, 1811,

1818, 1819)

Pub. L. 91–584 ................... Dec. 24, 1970 ..... 84 Stat. 1575 (Title 38, §§ 1652,

1681–1684, 1701, 1711, 1712,

1720, 1733, 1801, 1802, 3010)

Pub. L. 91–588, §§ 1–4, 6–

8(a), 9(a)–(g).

Dec. 24, 1970 ..... 84 Stat. 1580–1585 (Title 38,

§§ 101, 322, 411, 415, 503, 506,

521, 541, 542, 544, 612, 901)
1007 ACTS AMENDING TITLE 38

Public Law and Section Date Statute

Pub. L. 91–606, § 233 ........ Dec. 31, 1970, .... 84 Stat. 1753 (Title 38, § 1820)

Pub. L. 91–621, § 6(a) ........ Dec. 31, 1970 ..... 84 Stat. 1864 (Title 38, §§ 101,

3105)

Pub. L. 91–666, § 2(a) ........ Jan. 11, 1971 ..... 84 Stat. 1998–2000 (Title 38,

§§ 1901–1903)

Pub. L. 92–66 ..................... Aug. 5, 1971 ...... 85 Stat. 173 (Title 38, § 1811)

Pub. L. 92–69, .................... Aug. 6, 1971 ...... 85 Stat. 178 (Title 38, § 5055)

Pub. L. 92–95, § 1 .............. Aug. 11, 1971 .... 85 Stat. 320 (Title 38, § 806)

Pub. L. 92–128, § 2(c) ........ Sept. 25, 1971 .... 85 Stat. 348 (Title 38, § 3505)

Pub. L. 92–169, § 2 ............ Nov. 24, 1971 .... 85 Stat. 489 (Title 38, § 402)

Pub. L. 92–185, § 1 ............ Dec. 15, 1971 ..... 85 Stat. 642 (Title 38, § 765)

Pub. L. 92–188, §§ 1, 2, 4 .. Dec. 15, 1971 ..... 85 Stat. 645 (Title 38, §§ 703, 707,

741)

Pub. L. 92–193 ................... Dec. 15, 1971 ..... 85 Stat. 648 (Title 38, § 704)

Pub. L. 92–197 ................... Dec. 15, 1971 ..... 85 Stat. 660 (Title 38, §§ 321, 322,

341, 411, 413, 414, 415, 417, 724)

Pub. L. 92–198 ................... Dec. 15, 1971 ..... 85 Stat. 663 (Title 38 §§ 101, 503,

521, 541, 542, 3012)

Pub. L. 92–310, § 209 ........ June 6, 1972 ...... 86 Stat. 204 (Title 38, § 4204)

Pub. L. 92–315 ................... June 20, 1972 .... 86 Stat. 227 (Title 38, § 765d)

Pub. L. 92–328, §§ 101(a),

102–105, 107, 108(a),

(b), 201, 202(a), 204,

205, 206.

June 30, 1972 .... 86 Stat. 393–397 (Title 38, §§ 210,

314, 315, 334, 335, 362, 536,

1817, 1820, 3021, 3102, 3202,

3203, 3503)

Pub. L. 92–341 ................... July 10, 1972 ..... 86 Stat. 432 (Title 38, § 802)

Pub. L. 92–425, §6 ............. Sept. 21, 1972 .... 86 Stat. 713 (Title 38, §§ 415, 503)

Pub. L. 92–455, § 4 ............ Oct. 2, 1972 ....... 86 Stat. 761 (Title 38, § 411)

Pub. L. 92–540, §§ 101–

103, 201–203, 301–316,

401–412, 502(a), 503(a).

505.

Oct. 24, 1972 ..... 86 Stat. 1074–1099 (Title 38,

§§ 101–102, 240, 241, 1502, 1504,

1507, 1661, 1671, 1673, 1677,

1681, 1682, 1684, 1685, 1691,

1692, 1696, 1697A, 1701, 1712,

1720, 1723–1736, 1742, 1770–

1774, 1777, 1780–1791, 1792–

1795, 2001–2008, 2011–2013,

3107, 3301)

Pub. L. 92–541, §§ 2(a),

3(a).

Oct. 24, 1972 ..... 86 Stat. 1100–1108 (Title 38,

§§ 4121–4124, 5070–5074, 5081–

5083, 5091–5093, 5096)

Pub. L. 93–43, §§ 2(a), 4(a),

5(a)(1), (2), 8.

June 18, 1973 .... 87 Stat. 75–80, 88 (Title 38, §§ 218,

903, 906, 907, 1000–1007, 3505)

Pub. L. 93–75 ..................... July 26, 1973 ..... 87 Stat. 176 (Title 38, § 1803)

Pub. L. 93–82, §§ 101–

103(b), 104–106(a),

107(a), 108, 109(a), 201–

204(a), 205–208, 301,

302(1), (2), 303, 401,

402(a), 402(c), 403.

Aug. 2, 1973 ...... 87 Stat. 179–184, 186–188, 190,

192–196 (Title 38, §§ 230, 234,

601, 610, 612–614, 620, 624, 626,

628, 631, 632, 641, 644, 651–654,

4101, 4103, 4107, 4108, 4109,

4112, 4114, 4116, 4117, 5001,

5007, 5012, 5033–5036, 5053)

Pub. L. 93–177, §§ 1–6(a) .. Dec. 6, 1973 ....... 87 Stat. 694–696 (Title 38, §§ 415,

521, 541, 542, 3010, 3203)

Pub. L. 93–208 ................... Dec. 28, 1973 ..... 87 Stat. 907 (Title 38, § 1780)

Pub. L. 93–288, § 602(l) ..... May 22, 1974 ..... 88 Stat. 164 (Title 38, § 1820)

Pub. L. 93–289, §§ 2–11(a) May 24, 1974 ..... 88 Stat. 165–172 (Title 38, §§ 707,

723, 765, 767–771, 774, 777–779)

Pub. L. 93–295, §§ 101,

102, 201–206(a), 206(c),

207, 301, 302, 401.

May 31, 1974 ..... 88 Stat. 180–184 (Title 38, §§ 301

note, 314, 315, 322, 337, 342,

411, 413, 414, 1701, 3202)

Pub. L. 93–337, §§ 1, 2 ...... July 10, 1974 ..... 88 Stat. 292 (Title 38, §§ 1662,

1712)
ACTS AMENDING TITLE 38 1008

Public Law and Section Date Statute

Pub. L. 93–508, §§ 101–

104, 201–214, 301–303,

401–404.

Dec. 3, 1974 ....... 88 Stat. 1578–1600 (Title 38,

§§ 219, 241–245, 1501, 1502,

1504, 1652, 1661, 1673, 1677,

1682, 1685, 1686, 1692, 1696,

1723, 1732, 1737, 1742, 1774,

1784, 1786, 1787, 1788, 1796,

1798, 1799, 2001–2003, 2005–

2007, 3012, 2014, 2021–2026)

Pub. L. 93–527, §§ 2–5, 7,

9.

Dec. 21, 1974 ..... 88 Stat. 1702–1705 (Title 38,

§§ 103, 415, 521, 541, 542, 544,

3010)

Pub. L. 93–538, §§ 2–5 ...... Dec. 22, 1974 ..... 88 Stat. 1736, 1737 (Title 38,

§§ 1901, 1902, 1903, 1904)

Pub. L. 93–569, §§ 1–5, 8,

9.

Dec. 31, 1974 ..... 88 Stat. 1863–1867 (Title 38,

§§ 802, 1802, 1803, 1804, 1810,

1811, 1815, 1818, 1819)

Pub. L. 93–602, §§ 202–205 Jan. 2, 1975 ....... 88 Stat. 1958 (Title 38, §§ 1504,

1677, 1682, 1696, 1732, 1742,

1786, 1787)

Pub. L. 93–604, § 704 ........ Jan. 2, 1975 ....... 88 Stat. 1964 (Title 38, § 4207)

Pub. L. 94–71, title I,

§§ 201–203.

Aug. 5, 1975 ...... 89 Stat. 395–397 (Title 38, §§ 314,

315, 362, 411, 413, 414, 3010)

Pub. L. 94–123, §§ 2(b), 5 .. Oct. 22, 1975 ..... 89 Stat. 669, 675, (Title 38,

§§ 4104–4108, 4118)

Pub. L. 94–169, §§ 101–

106, 201, 202.

Dec. 23, 1975 ..... 89 Stat. 1013–1021 (Title 38,

§§ 101, 322, 415, 501–503, 505–

507, 511, 512, 521, 523, 532–537,

541–544, 560–652)

Pub. L. 94–286, § 2 ............ May 14, 1976 ..... 90 Stat. 518 (Title 38, § 2024)

Pub. L. 94–321, § 1(a) ........ June 29, 1976 .... 90 Stat. 713 (Title 38, § 3301)

Pub. L. 94–324, §§ 2–7 ...... June 30, 1976 .... 90 Stat. 720–722 (Title 38,

§§ 1801–1807, 1810, 1811, 1815–

1820, 1823–1827)

Pub. L. 94–417, §§ 1(a), (b) Sept. 21, 1976 .... 90 Stat. 1277 (Title 38, §§ 101, 641)

Pub. L. 94–424, § 1 ............ Sept. 28, 1976 .... 90 Stat. 1332 (Title 38, §§ 5054,

5055)

Pub. L. 94–432, §§ 201–

205, 301, 401–403.

Sept. 30, 1976 .... 90 Stat. 1369–1372 (Title 38,

§§ 102, 322, 415, 502, 521, 541,

542, 544, 3006)

Pub. L. 94–433, §§ 101(a),

102, 201–203, 301–

304(a), 401, 402, 404.

Sept. 30, 1976 .... 90 Stat. 1374–1380 (Title 38,

§§ 301, 302, 314, 315, 321, 322,

341, 351, 358, 360, 361, 362, 402,

404, 410–414, 416, 421, 422, 423,

806, 908, 1901, 3012)

Pub. L. 94–491 ................... Oct. 14, 1976 ..... 90 Stat. 2363 (Title 38, § 109)

Pub. L. 94–502, §§ 101–

104, 201–203, 205–211,

301–309, 402–404, 501–

513, 601(a), (b), 602–

608, 701.

Oct. 15, 1976 ..... 90 Stat. 2383–2405 (Title 38,

§§ 1502–1505, 1507–1511, 1652,

1661–1663, 1670, 1671, 1673,

1674, 1676, 1681, 1682, 1685,

1691, 1692, 1696, 1697A, 1698,

1700, 1701, 1711, 1712, 1713,

1720, 1721, 1723, 1724, 1731,

1732, 1733, 1734, 1736, 1741,

1742, 1743, 1761, 1763)
1009 ACTS AMENDING TITLE 38

Public Law and Section Date Statute

Pub. L. 94–581, §§ 101–

111(a), (b), 114–116,

202–204, 205(a), (b), (d)–

(g), 206–210.

Oct. 21, 1976 ..... 90 Stat. 2842–2866 (Title 38,

§§ 101 note, 111, 601, 610–614,

616, 618–624, 626–628, 632, 633,

641, 642, 653, 903, 1903, 1904,

3301, 4101–4108, 4112–4114,

4116, 4117, 4118 note, 4121–

4123, 4131–4134, 4202, 5001,

5002, 5004, 5005, 5007, 5011–

5014, 5031, 5032, 5034–5036,

5053–5056, 5070, 5071, 5073,

5083, 5093, 5096, 5202, 5220,

5221)

Pub. L. 95–116, § 1(a) ........ Oct. 3, 1977 ....... 91 Stat. 1062 (Title 38, § 1901)

Pub. L. 95–117, titles I–IV Oct. 3, 1977 ....... 91 Stat. 1063–1066 (Title 38,

§§ 314, 315, 362, 411, 413, 414,

801, 1820, 3020)

Pub. L. 95–126, §§ 1(a), 3 .. Oct. 8, 1977 ....... 91 Stat. 1106, 1108 (Title 38,

§§ 101, 3103)

Pub. L. 95–201, §§ 3(a),

4(a)(1), (2), (c), 5(a)(1),

(2).

Nov. 23, 1977 .... 91 Stat. 1429–1432 (Title 38,

§§ 4105, 4107, 4114, 4118, 5001)

Pub. L. 95–202, §§ 1, 101–

105, 201(a), (b), 202,

203, 301–304(a),

305(a)(1), (2), (b)(1), 306,

308, 309, 310(b)(1).

Nov. 23, 1977 .... 91 Stat. 1433–1449 (Title 38,

§§ 101, 210, 246, 1504, 1662,

1663, 1673, 1674, 1677, 1682,

1682A, 1685, 1692, 1696, 1698,

1712, 1724, 1732, 1738, 1742,

1774, 1784, 1785, 1786, 1787,

1788, 1789, 1790, 1798, 2007,

2014)

Pub. L. 95–336, § 6(b) ........ Aug. 4, 1978 ...... 92 Stat. 453 (Title 38, § 246)

Pub. L. 95–476, §§ 101–

106(a), 107, 201, 202 (a),

(b)(1), 203.

Oct. 18, 1978 ..... 92 Stat. 1497–1500, 1502–1505

(Title 38, §§ 802, 902, 903, 906,

1008, 1798, 1802, 1803, 1810,

1811, 1818, 1819)

Pub. L. 95–479, §§ 101(a)–

(d), 102, 103, 201–204,

301–304.

Oct. 18, 1978 ..... 92 Stat. 1560–1565 (Title 38,

§§ 314, 315, 362, 410, 3101)

Pub. L. 95–520, §§ 2, 3, 5–

7.

Oct. 26, 1978 ..... 92 Stat. 1820–1822 (Title 38,

§§ 230, 601, 624, 632, 2012, 2014,

5082)

Pub. L. 95–588, §§ 101–

104(a), 105, 106(a), 107–

109(a), 110(a), 111,

112(a)(1), 201, 301–

305(a), 307.

Nov. 4, 1978 ...... 92 Stat. 2497–2508 (Title 38,

§§ 101, 415, 501, 503, 506, 508,

512, 521, 522, 536, 541–544, 612,

3012, 3104, 3112, 3203)

Pub. L. 95–602, § 122(f) ..... Nov. 6, 1978 ...... 92 Stat. 2987 (Title 38, § 1904)

Pub. L. 96–22, titles I–V ... June 13, 1979 .... 93 Stat. 47–66 (Title 38, §§ 101,

210, 230, 235, 601, 610, 611, 612,

612A, 620A, 634, 635, 661–664,

4107, 4108, 5001–5015, 5021–

5024)

Pub. L. 96–128, §§ 101(a),

102–105, 201–203, 301,

302(a), 303(a), 304,

401(a), 501.

Nov. 28, 1979 .... 93 Stat. 982–986 (Title 38, §§ 314,

315, 362, 411, 413, 414, 611,

612A, 620A, 663, 718, 725, 726,

753, 761, 1828, 5005)

Pub. L. 96–151, §§ 101–

103, 201–205, 301–305.

Dec. 20, 1979 ..... 93 Stat. 1092–1096 (Title 38,

§§ 111, 601, 612, 613, 614, 628,

641, 4104, 4105, 4106, 4112,

5010, 5033, 5053, 5054, 5055,

5070, 5082, 5083)
ACTS AMENDING TITLE 38 1010

Public Law and Section Date Statute

Pub. L. 96–330, §§ 102(a)–

(d), 103(a), 104(a),

105(a)–(c), 111, 112,

113(a), 114, 115,

116(a)(1), (b), 201(a)(1),

202, 302, 303, 401(a),

402(a), 403(a), (b), 404,

405, 408.

Aug. 26, 1980 .... 94 Stat. 1030–1053 (Title 38,

§§ 622, 4101, 4103, 4107, 4108,

4109, 4112, 4114, 4118, 4119,

4141–4146, 5021, 5022, 5034,

5070, 5093)

Pub. L. 96–385, §§ 101(a),

102, 103, 201–203, 301,

401, 402, 501–504(a),

505(a), 508.

Oct. 7, 1980 ....... 94 Stat. 1528–1535, 1538 (Title 38,

§§ 230, 314, 315, 362, 411, 413,

414, 801, 802, 804, 805, 906,

1803, 1810, 1811, 1819, 3104,

3113, 3203, 3305, 4107, 4109)

Pub. L. 96–465, § 2206(g) .. Oct. 17, 1980 ..... 94 Stat. 2163 (Title 38, § 235)

Pub. L. 96–466, §§ 101(a),

102, 103, title II, title

III, title IV, §§ 501–

504(A), 505, 506(a), 507–

511, 601, 602(a)–(c),

603–605(a)(1), (c), 606,

701(a), (b)(1), 801(a)–

(k)(2)(A), (1).

Oct. 17, 1980 ..... 94 Stat. 2171–2217 (Title 38,

§§ 106 note, 220, 244, 415, 506,

1500–1521, 3114–3116, 1602,

1622, 1624, 1631, 1641, 1652,

1661, 1662,1671, 1673, 1674,

1676, 1677, 1682, 1685, 1691,

1692, 1695–1698,1701, 1712,

1720, 1721, 1723, 1724, 1731,

1732, 1740, 1742, 1761, 1772,

1774, 1775, 1780, 1781, 1784,

1785, 1786–1790, 1792, 1795,

1798, 2001, 2002, 2002A, 2003,

2003A, 2007, 2011–2014, 2024,

3102, 3301)

Pub. L. 97–15 ..................... June 17, 1981 .... 95 Stat. 99 (Title 38, § 5073)

Pub. L. 97–35, §§ 2001–

2005.

Aug. 13, 1981 .... 95 Stat. 781, 782 (Title 38, §§ 612,

902, 903, 1631, 1641, 1662, 1673,

1677, 1681, 1682, 1686, 1737,

1780, 1786, 1798)

Pub. L. 97–37, §§ 2(a), 3,

4(a), 5(a)–(c).

Aug. 14, 1981 .... 95 Stat. 935–937 (Title 38, §§ 101,

221, 312, 610, 612)

Pub. L. 97–66, §§ 101(a),

102–104, 201–204, 301–

303, 401–403, 501–504,

601(a)(1), (b), 602, 603,

604(a)(1), 605(a), 606.

Oct. 17, 1981 ..... 95 Stat. 1026–1037 (Title 38,

§§ 210, 314, 315, 362, 411, 413,

414, 717, 752, 767, 769, 777, 802,

906, 1003, 1712, 1776, 1803,

1819, 1826, 1828, 1902, 1903,

3010, 3103A, 3203, 5010)

Pub. L. 97–72, §§ 101, 102,

103(a), (b), 104(a)(1), (b),

105, 106(a)(1), 107(a)–

(c)(1), 108, 201(a),

202(a), 402(a).

Nov. 3, 1981 ...... 95 Stat. 1047–1054 (Title 38,

§§ 601, 610, 612, 612A, 613, 624,

629, 631, 632, 1517, 1662, 1801,

1802, 1803, 1807, 1815, 1817,

1818, 1819, 1824, 1841–1851,

2014, 4109, 5010)

Pub. L. 97–174, §§ 3(a),

(b)(1), 4(a), 5(a).

May 4, 1982 ....... 96 Stat. 70, 73–75 (Title 38,

§§ 1786, 5011, 5011A)

Pub. L. 97–251, §§ 2–9 ...... Sept. 8, 1982 ...... 96 Stat. 711 (Title 38, §§ 601, 613,

620A, 643, 4107, 4142, 4143,

4144, 5033, 5054)

Pub. L. 97–253, §§ 401(a),

402(a), 403(a)(1), 404(a),

(b), 405(a)–(g), 406(a)(1).

Sept. 8, 1982 ...... 96 Stat. 801–805 (Title 38, §§ 314,

315, 362, 411, 413, 414, 1829,

3011, 3012, 3023)

Pub. L. 97–258, §§ 2(j),

3(k).

Sept. 13, 1982 .... 96 Stat. 1062, 1065 (Title 38,

§§ 203, 620A, 1632, 1820, 3021,

3109, 3204, 4118, 4142, 4206,

5202, 5220)
1011 ACTS AMENDING TITLE 38

Public Law and Section Date Statute

Pub. L. 97–295, § 4 ............ Oct. 12, 1982 ..... 96 Stat. 1304 (Title 38, §§ 101, 106,

107, 111, 230, 243, 246, 415–417,

422, 503, 602, 612, 616, 617, 620,

624, 704, 707, 712, 718, 725, 743,

744, 748, 760, 766, 768, 770, 774,

784, 802, 1003, 1642, 1652, 1662,

1673, 1682A, 1685, 1691, 1712,

1720, 1763, 1765, 1770, 1772–

1774, 1780, 1781, 1783, 1784,

1786–1788, 1790, 1798, 1799,

1801–1804, 1811, 1818–1820,

1823, 1904, 2003, 2014, 2022,

2023, 3001, 3005, 3020, 3101,

3103, 3112, 3202, 3504, 3505,

4101, 4105, 4107–4109, 4114,

4118, 4134, 4202, 4207, 4208,

5022, 5035, 5036, 5053, 5056,

5070, 5073)

Pub. L. 97–306, §§ 101(a),

102–106, 111(a), (b),

112(a), 113(a), (b)(1),

201(a), 202(a), (b), 203–

206(a), 207–210, 301(a),

302, 303, 304(a)(1), (b),

(c), 305(a), (b)(2), (c), (d),

306–308(a), 309, 310(a),

401(a), 402(a), 403,

404(a), 406(a), (b), (c)(1),

(2), 407(a), 408(a), (d),

409(b).

Oct. 14, 1982 ..... 96 Stat. 1429–1446 (Title 38,

§§ 101, 243, 314, 315, 362, 403,

410, 411, 413, 414, 770, 901, 902,

903, 1508, 1622, 1662, 1673,

1682, 1723, 1790, 1798, 1803,

1811, 1819, 2000, 2002, 2002A,

2003, 2003A, 2006, 2007, 2009,

2011, 2012, 3102, 3103A, 5010)

Pub. L. 97–375, § 216 ........ Dec. 21, 1982 ..... 96 Stat. 1827 (Title 38, § 4142)

Pub. L. 97–452, § 2(e) ........ Jan. 12, 1983 ..... 96 Stat. 2478 (Title 38, §§ 210,

1823, 4207, 5010, 5011)

Pub. L. 98–160, §§ 101,

103(a), 104, 105(a), 106,

201–203(a), 204–205,

206, 301, 401, 701–703.

Nov. 21, 1983 .... 97 Stat. 993–1011 (Title 38, §§ 203,

222, 301, 360, 361, 601, 610,

612A, 620, 630, 641, 661, 663,

664, 719, 1622, 1623, 1632, 1643,

1662, 1682, 1701, 1712, 1820,

2002, 2002A, 3005, 3010, 4104,

4105, 4106, 4107, 4110, 4111,

4142, 5010, 5022, 5053)

Pub. L. 98–223, §§ 101(a),

(c), 102–106, 111–113,

201–209, 213.

Mar. 2, 1984 ...... 98 Stat. 37–46 (Title 38, §§101,

312, 314, 315, 351, 355, 362, 411,

412, 413, 414, 1008, 1602, 1733,

1781, 1795, 1802, 1803, 1810,

1819, 2011, 3010, 3011, 3202,

4001, 4002, 4112)

Pub. L. 98–369, §§ 2501(a),

2511(a), (b), 2512(a), (b).

July 18, 1984 ..... 98 Stat. 1116–1121 (Title 38,

§§ 1816, 1824, 1829, 1830, 3010)

Pub. L. 98–525, §§ 702(a),

703.

Oct. 19, 1984 ..... 98 Stat. 2553–2564 (Title 38,

§§ 1401, 1402, 1411, 1412, 1413,

1414, 1415, 1416, 1421, 1422,

1423, 1431, 1432, 1433, 1434,

1435, 1436, 1508, 1673, 1781,

1795)

Pub. L. 98–528,

§§ 101(a)(1), (3), (b), 102,

103(a), 104–109.

Oct. 19, 1984 ..... 98 Stat. 2686–2696 (Title 38,

§§ 218, 220, 601, 617, 4101, 4104,

4107, 5010, 5032, 5034, 5035,

5036, 5037)

Pub. L. 98–542, §4 ............. Oct. 24, 1984 ..... 98 Stat. 2725–2734 (Title 38, §354)
ACTS AMENDING TITLE 38 1012

Public Law and Section Date Statute

Pub. L. 98–543, §§101(a),

102–106, 111(a)(1), (2),

112(a), 201–204, 211,

301(a), 303, 304(a),

305(a), (b), 401, 402(a).

Oct. 24, 1984 ..... 98 Stat. 2735–2749 (Title 38,

§§ 101, 314, 315, 335, 362, 363,

411, 413, 414, 524, 618, 802,

1508, 1682, 1692, 1732, 1742,

1786, 1787, 1796, 1798, 1902,

1903, 2014, 3203)

Pub. L. 98–620, § 402(36) .. Nov. 8, 1984 ...... 98 Stat. 3360 (Title 38, § 2022)

Pub. L. 99–108, §§ 2, 3 ...... Sept. 30, 1985 .... 99 Stat. 481 (Title 38, §§ 230, 601,

620)

Pub. L. 99–145, § 674 ........ Nov. 8, 1985 ...... 99 Stat. 665 (Title 38, §§ 1411,

1412)

Pub. L. 99–166, §§ 101(a)-

(b), 102(a)-(b), 103–

107(a), 108(a)-(c), 201–

204(a), 205(a)–(b), 301,

302(a)–(b), 303, 401(a)–

(b), 402, 403(a).

Dec. 3, 1985 ....... 99 Stat. 941–960 (Title 38, §§ 210,

230, 601, 610, 612, 612A, 612B,

620, 620A, 767, 777, 3305, 4101,

4114, 4151, 4152, 5004, 5007,

5035)

Pub. L. 99–238, §§ 101(a),

102–106.

Jan. 13, 1986 ..... 99 Stat. 1765–1769 (Title 38,

§§ 314, 315, 362, 411, 413, 414)

Pub. L. 99–272,

§§ 19011(a)–(d),

19012(a)–(c), 19013(a).

Apr. 7, 1986 ....... 100 Stat. 372–389 (Title 38, §§ 525,

601, 603, 610, 612, 612A, 620,

622, 629, 663, 903)

Pub. L. 99–322, § 2 ............ May 23, 1986 ..... 100 Stat. 494 (Title 38, § 1824)

Pub. L. 99–570, § 11007(a) Oct. 27, 1986 ..... 100 Stat. 3207–170 (Title 38,

§§ 3003, 3020)

Pub. L. 99–576, §§ 101(a),

102–106, 108(a), 109(a),

(b), 201(a), 202–203,

204(a)–(c), 205, 206(a),

211, 212(a)–(c), 213,

214(a), (b), 221(a), (b),

222, 223(a), 224(a)–(d),

231(a)–(c), 237(a), (b)(1),

(2), 301(a)–(d), 302,

303(a), 304, 305, 306(a),

(b), 307(a)(1)–(2), (b)(1)–

(3), 308(a)–(c), 309(a)(1)–

(3), 310(a), (b)(1)–(2),

(c)(1)–(3), 311–313,

314(a), (b)(1)–(2),

315(a)(1)–(2), (b), 316–

319, 321(1)–(11), 331–

333(a), (b)(1)–(6), (c),

401(a)–(b), 402(a)–(b),

(c)(1)–(2), 403–406,

407(a), 408(a), 411,

413(a), 501, 503–505,

601(a), 701(1)–(105),

702(1)–(18), 703(b).

Oct. 28, 1986. .... 100 Stat 3248–3303 (Title 38,

§§ 101–109, 113, 210, 212, 213,

215, 217–219, 230, 233, 235, 236,

241, 242, 244, 312, 314, 315, 360,

362, 411 413, 414, 524, 525, 601,

602, 610, 612, 612A, 618, 620B,

632, 704, 705, 707, 708, 712, 713,

716, 725, 742–748, 750, 752, 759,

760, 765–770, 774, 776, 777, 781,

783, 784, 787, 801, 802, 806, 901,

904, 1000–1002, 1004–1007,

1009, 1402, 1411–1413, 1416,

1421, 1431–1435, 1501, 1503,

1505, 1506, 1509, 1520, 1601,

1602, 1621, 1631–1633, 1641,

1663, 1712, 1720, 1721, 1780,

1781, 1784, 1788, 1792, 1810,

1816, 1819, 1820, 1823, 1830–

1832, 1841, 1842, 1849, 2014,

2021, 2024, 3001, 3006, 3012,

3013, 3020, 3021, 3022, 3101–

3106, 3108, 3109, 3202, 3203,

3303, 3401, 3404, 3405, 3501,

3503, 3504, 4005, 4106, 4107,

4110, 4114, 4118, 4121, 4123,

4142, 4202, 4204, 5002, 5004,

5007, 5009, 5010, 5031, 5033,

5035, 5053, 5057, 5073, 5101–

5104, 5201–5204, 5206, 5207,

5220–5226)

Pub. L. 100–6, § 2(a) .......... Feb. 12, 1987 ..... 101 Stat. 92–95 (Title 38, § 620C)

Pub. L. 100–48, §§ 3(a), (b),

5.

Jun. 1, 1987 ....... 101 Stat. 331–332 Title 38,

§§ 1401, 1411, 1412)

Pub. L. 100–136, § 2 .......... Oct. 16, 1987 ..... 101 Stat. 813 (Title 38, § 1816)

Pub. L. 100–180, § 1314(d) Dec. 4, 1987 ....... 101 Stat. 1176 (Title 38, § 411)

Pub. L. 100–198, §§ 2(a),

(b), 3(a)–(c), 4(a), 5(a),

6(a), (b), 7(a)–(c), 8(a),

(b), 10(a)–(c), 11(a), (b),

12(a), 13–14.

Dec. 21, 1987 ..... 101 Stat. 1315–1325 (Title 38,

§§ 113, 1803, 1804, 1810, 1811,

1816–1817A, 1819, 1829, 1831,

1832)
1013 ACTS AMENDING TITLE 38

Public Law and Section Date Statute

Pub. L. 100–203, §§ 7001,

7002, 7003(a).

Dec. 22, 1987 ..... 101 Stat. 1330–1472 (Title 38,

§§ 1816, 1829)

Pub. L. 100–227, §§ 101(a),

102–106, 202.

Dec. 31, 1987 ..... 101 Stat. 1552–1555 (Title 38,

§§ 314, 315, 362, 411, 413, 414,

524)

Pub. L. 100–238, § 126 ...... Jan. 8, 1988 ....... 101 Stat. 1757–1758 (Title 38,

§4118)

Pub. L. 100–253,

§§ 1803(a)(1),

1816(d)(4)(B), 1819(c).

Feb. 29, 1988 ..... 102 Stat. 20–21 (Title 38, §§ 2, 3)

Pub. L. 100–321, § 312(c) .. May 20, 1988 ..... 102 Stat. 485–486 (Title 38, § 2)

Pub. L. 100–322,

§§ 101(a)–(h), 102(a), (b),

103(a), (b), 104(a), (b),

105–106, 107(a)–(e),

108(a)–(d), 111(a),

112(a), 115(g), 121(a)–

(e), 122(a), 131–132(a),

133–134(a), 135, 202,

203(a), (b), 204(a),

205(a), 206(a), (b),

211(a), (b), 212(a), (b),

213, 214(a), (b), 216(a),

(b), 217(a)–(c), 221,

222(a), 223, 224(a), (b),

301–303, 311–313,

321(a), 322, 323,

331(a)(1), (b)(1), 332(a),

333(a), 341(a), 342–343,

344(a), (b), 346(h),

401(a), 403(a), 404(a),

411(b), (c), 412(a),

414(a), (b), 415(a)(1), (2),

(3)(A), (B), (b), (c), (d),

421(a), 422(a)–(d).

May 20, 1988 ..... 102 Stat. 487–555 (Title 38, §§ 101,

111, 113, 114, 216, 223, 301, 312,

601, 603, 610, 612, 612A, 617,

620–622, 624, 629, 641, 727, 762,

769, 802, 806, 906, 907, 1004,

1008, 1788, 1793, 1801–1804,

1810–1819, 1829, 1832, 1833,

1902, 3013, 4101, 4106, 4107,

4112, 4114, 4116, 4120, 4132–

4134, 4161–4168, 4205, 4206,

4209, 4210, 4301–4304, 4311–

4318, 4321–4325, 4331–4336,

5004, 5010, 5016, 5022, 5025,

5035)

Pub. L. 100–323, §§ 2(a)–

(e)(1)–3(a), (b), 4(a), 5,

6(a), (b), 7(a), (b), 8(a),

9)a), 10, 11(a), 13(a), (b),

15(a)–(d).

May 20, 1988 ..... 102 Stat. 556–575 (Title 38,

§§ 1504, 1771, 1774, 1774A,

1782, 2000–2010A

Pub. L. 100–456 ................. Sept. 29, 1988 .... 102 Stat. 1918–2124 (Title 38,

§ 101)

Pub. L. 100–527 ................. Oct. 25, 1988 ..... 102 Stat. 2635–2648 (Title 38,

§ 201 note)

Pub. L. 100–687 ................. Nov. 18, 1988 .... 102 Stat. 4105–4138.

Pub. L. 100–689 ................. Nov. 18, 1988 .... 102 Stat. 4161–4180.

Pub. L. 101–94, §§ 101(a),

102(c), 204(a), 302(a),

(b), (d), 402.

Aug. 16, 1989 .... 103 Stat. 617–629 (Title 38, §§ 223,

3301, 4053, 4054, 4081, 4092,

4096–4098)

Pub. L. 101–110, §§ 1(c), 2 Oct. 6, 1989 ....... 103 Stat. 682–683 (Title 38,

§§ 1829, 5033)

Pub. L. 101–189, §§ 641,

1404(b).

Nov. 29, 1989 .... 103 Stat. 1456 (Title 38, §§ 1415,

3101)
ACTS AMENDING TITLE 38 1014

Public Law and Section Date Statute

Pub. L. 101–237, §§ 2(a),

101(a), 102–104, 105(a),

(b), 111(a), 112, 113,

114(a), (b), 115(a),

201(a), (b), 202(a), 203,

204, 205(a), 206(a),

207(a), 302(a)–(c),

303(a), 304(a), (b),

305(a), 306(a), 307,

308(a), (b), 309(a), (b),

310, 311, 313(a), (b),

402(a), 403(a), (b), 404,

405(a)–(d), 406(a),

407(a), (b), 409, 410,

411(a), (b), 412(a), (b),

413(a), 414, 415(a), (b),

416(a), 417–419, 420(a),

(b), 422(a), 423(a), (b),

501, 502(a), (b), 504(a),

601(a), (b), 602(b), (c),

603(a), (b).

Dec. 18, 1989 ..... 103 Stat. 2062–2098 (Title 38,

§§ 101, 114, 230, 314, 315, 362,

411, 413, 414, 418, 524, 620B,

628, 901–904, 906–908, 1000–

1010, 1402, 1411–1415, 1417,

1418, 1421–1423, 1431–1436,

1501–1521, 1621–1625, 1631–

1634, 1641–1643, 1662, 1663,

1671, 1673, 1674, 1676, 1681,

1682, 1685, 1700, 1701, 1712,

1713, 1723, 1724, 1731–1737,

1740–1743, 1761, 1763, 1765,

1771–1781, 1783–1799, 1801–

1806, 1810–1814, 1820, 1821,

1823–1827, 1829–1834, 1842–

1851, 2011, 2014, 3004, 3013,

3102, 3203, 4054, 4061, 4106–

4108, 4312, 5003, 5033)

Pub. L. 101–239, §§ 5001,

5002, 5003(a).

Dec. 19, 1989 ..... 103 Stat. 2136–2137 (Title 38,

§§ 1829, 1833)

Pub. L. 101–366, §§ 101(c),

102(a)–(c), 103, 201(a),

202(a),(b), 203, 205(a)–

(c), 206(a), 208(a).

Aug. 15, 1990 .... 104 Stat. 430–444 (Title 38,

§§ 620C, 1784A, 1791, 4104,

4107, 4114, 4141, 4142,, 4301,

4302, 4304, 4331, 4351–4355,

5051, 5053)

Pub. L. 101–508,

§§ 8001(a), 8002(a),

8003(a), 8004(a),

8011(a)–(d), 8012(a),

8013(a)–(c), 8021(a),

8031(a), 8032, 8041(a),

8042(a), 5053(a)–(b).

Nov. 5, 1990 ...... 104 Stat. 1388–1630 (Title 38,

§§ 103, 105, 310, 331, 502, 610,

612, 622, 622A, 629, 903, 906,

1502, 1812, 1829, 3001, 3117,

3118, 3203, 3205)

Pub. L. 101–510,

§§ 561(a)–(b), 562(a)–(b),

563(a).

Nov. 5, 1990 ...... 104 Stat. 1571–1575 (Title 38,

§§ 1402, 1411, 1412, 1413, 1415,

1418A, 1435, 3103A)

Pub. L. 102–3, §§ 2(a), 3, 4,

5, 6(a)–(b).

Feb. 6, 1991 ....... 105 Stat. 7–10 (Title 38, §§ 314,

315, 362, 411, 413, 414)

Pub. L. 102–4, §§ 2(a)–(b),

5.

Feb 6, 1991 ........ 105 Stat. 11–20 (Title 38, §§ 313,

316, 610)

Pub. L. 102–12, §§ 5(a),

8(a)–(b).

Mar. 18, 1991 .... 105 Stat. 34–42 (Title 38, §§ 2021,

2024)

Pub. L. 102–16, §§ 1, 2(a)–

(b), 3(a)–(c), 4, 5(a)–(b),

6(a)–(b), 7(a)–(b), 8(a)–

(b), 9(a)–(c), 10(a).

Mar. 22, 1991 .... 105 Stat. 46–56 (Title 38, §§ 1411,

1418, 1432–1434, 1502, 1504,

1508, 1631, 1632, 1641, 1642,

1663, 1685, 1732, 1733, 1774,

1797, 1797A, 1798, 2004, 2010,

2011, 2014, 3013, 3114, 3115)

Pub. L. 102–25, §§ 332,

333(a)–(c), 334(a)–(d),

336(a)–(b), 337(a), 338,

339(a)–(b), 340(a), 341,

705(c).

Apr. 6, 1991 ....... 105 Stat. 75–122 (Title 38, §§ 101,

501, 541, 602, 612, 612A, 767,

777, 1415, 1418A, 1792, 1802,

2021, 2027, 2131, 3101)

Pub. L. 102–40, §§ 102,

103(a), 202, 203(a)–(b),

301(b)–(d), 303, 304(a),

305(a)–(b), 401(a)–(c),

402(a)–(d), 403(a)–(b),

(e)–(f).

May 7, 1991 ....... 105 Stat. 187–241 (Title 38, §§ 210,

1904, 3202, 3203, 4120, 4141,

4142, 5070–5074, 5081–5083,

5091–5093, 5096, 5705, 7301–

7306, 7311–7317, 7401–7411,

7421–7426, 7431–7440, 7451–

7457, 7461–7464, 7471–7474,

7604, 7612, 7616, 8201, 8211–

8214, 8221–8223, 8231–8233,

8241)
1015 ACTS AMENDING TITLE 38

Public Law and Section Date Statute

Pub. L. 102–54, §§ 1, 2(a)–

(b), 3(a)–(c), 4(a)–(b), 5,

6, 9(a)–(b), 10(a)–(b),

14(a)–(f), 15(a).

June 13, 1991 .... 105 Stat. 267–289 (Title 38, §§ 101,

102, 354, 402, 412, 423, 503, 508,

532, 534, 601, 603, 610, 612A,

618, 620A, 628, 630, 765, 770,

774, 783, 901, 1004, 1010, 1415,

1423, 1504, 1517, 1521, 1602,

1792, 1803, 1805, 1812, 1820,

1825, 1829, 1831–1833, 1835,

2011, 2013, 3005, 3101, 3102,

3116, 3305, 3311, 3313, 3505,

4001, 4052, 4054, 4092, 4097,

4202, 4209, 4322, 4331, 5002,

5007, 5011A, 5016, 5022, 5034,

5035, 5052, 5053, 5070, 5202)

Pub. L. 102–82, §§ 1, 2(a)–

(b), 3, 4, 5(c), 7, 8.

Aug. 6, 1991 ...... 105 Stat. 375–377 (Title 38,

§§ 7253, 7264, 7267, 7268, 7281,

7286, 7296, 7297)

Pub. L. 102–83, §§ 2(a)–(d),

4(a)–(c).

Aug. 6, 1991 ...... 105 Stat. 378–410 (Title 38, §§ 101,

103, 111, 113, 301–316, 422,

501–503, 505, 510–513, 515–523,

525–529, 532, 541, 542, 560, 601,

612–613, 618, 620, 621, 654, 701,

703, 705, 707, 709–712, 718, 722,

723, 725, 742, 746, 747, 777, 784,

1000, 1004, 1521, 1652, 1685,

1810, 1812, 1814, 1833, 1849,

2003A, 2012, 2014, 5105, 5110,

5301, 5305, 5311, 5502, 5701–

5703, 5705, 6105, 7101, 7104,

7267, 7455, 7601, 7611, 7621,

7701, 7703, 7721–7726, 8111A,

8153)

Pub. L. 102–86, §§ 101(a),

102, 103(a), 104(a), 105,

201(a), 202(a), 203, 301,

302, 303, 304(a), 305(a),

401(a)–(b), 402(a)–(b),

505(a), 506(a).

Aug. 14, 1991 .... 105 Stat. 414–426 (Title 38, §§ 115,

312, 355, 415, 612, 618, 620A,

632, 707, 716, 722, 5301, 5503,

7402, 8161–8169, 8301)

Pub. L. 102–139, § 518(a) .. Oct. 28, 1991 ..... 105 Stat. 736–781 (Title 38,

§ 1722A)

Pub. L. 102–152, §§ 2(a),

3–5, 6(a)–(b).

Nov. 12, 1991 .... 105 Stat. 985–988 (Title 38,

§§ 1114, 1162, 1311, 1313, 1314)

Pub. L. 102–190,

§ 704(b)(2).

Dec. 5, 1991 ....... 105 Stat. 1402 (Title 38, § 1713)

Pub. L. 102–198, § 7(c)(4) .. Dec. 9, 1991 ....... 105 Stat. 1625 (Title 38, §§ 7296,

7297)

Pub. L. 102–218, § 1(a) ...... Dec. 11, 1991 ..... 105 Stat. 1671 (Title 38, § 317)

Pub. L. 102–291, §§ 1(a)–

(c), 2(a)–(e), 3(a)–(d), 4,

5(a)–(b).

May 20, 1992 ..... 106 Stat. 178–180 (Title 38, §§ 315,

1163, 1524, 1525, 1710, 3720,

3733, 7361, 7368)

Pub. L. 102–389, title I ..... Oct. 6, 1992 ....... 106 Stat. 1574 (Title 38, §§ 3732,

7601)

Pub. L. 102–405, §§ 1(a),

101(a)–(c), 102,

103(a)(1)–(2), 104,

105(a)–(b)(2), 107(a)–(f),

(h), 121, 122(a)–(b), 123,

201, 202(a)–(b), 203,

204(a)–(c), 205, 206,

301(a)–(b), 302(a)–(c)(3),

(e), 303(a)–(b).

Oct. 9, 1992 ....... 106 Stat. 1972–1985 (Title 38,

§§ 101, 301, 305, 306, 501, 527,

541–543, 709, 1710, 1712, 1712A,

1717, 1718, 1720, 3902, 3904,

5904, 7301, 7303–7306, 7311–

7315, 7331, 7363, 7364, 7401–

7405, 7407, 7410, 7423, 7424,

7431, 7433, 7435, 7437, 7451,

7455, 7458, 7461, 7462, 7472–

7474, 7612, 7616, 7701, 8101,

8104, 8105, 8107, 8110–8111A,

8125, 8155, 8157, 8158)
ACTS AMENDING TITLE 38 1016

Public Law and Section Date Statute

Pub. L. 102–484,

§§ 4404(a)–(b)(3), 4419(b).

Oct. 23, 1992 ..... 106 Stat. 2704–2706, 2718 (Title

38, §§ 3001, 3012, 3013, 3018B,

3035)

Pub. L. 102–486,

§ 101(c)(2).

Oct. 24, 1992 ..... 106 Stat. 2787 (Title 38, § 3704)

Pub. L. 102–510, §§ 1–2 .... Oct. 24, 1992 ..... 106 Stat. 3318 (Title 38, §§ 101,

114)

Pub. L. 102–531, § 312(c) .. Oct. 27, 1992 ..... 106 Stat. 3504 (Title 38, § 303)

Pub. L. 102–547, §§ 1–8(e),

9–12.

Oct. 28, 1992 ..... 106 Stat. 3633–3645 (Title 38,

§§ 101, 2301, 2306, 3701, 3703,

3707, 3710, 3712, 3720, 3725,

3729, 3731, 3761–3764, 5302)

Pub. L. 102–568, §§ 1(a),

101–104, 201–205,

301(a), (c), 302–310(a),

(c), 311–313(a)(5), (7)–

(8), 314–317, 401–405,

501–506(c)(3), 601–

602(a), 603(b)(1)–(2),

604–606.

Oct. 29, 1992 ..... 106 Stat. 4320–4343 (Title 38,

§§ 101, 103, 1101, 1163, 1310,

113, 1501, 1524, 1525, 1710,

1722A, 1729, 1901, 1922A, 1967,

1977, 2021–2027, 2101, 2106,

3011, 3012, 3015, 3017, 3018,

3031, 3032, 3034, 3102, 3108,

3231, 3241, 3451, 3473, 3485,

3523, 3532, 3670, 3675, 3676,

3680, 3680A, 3681, 3688, 3691,

4103A, 4110, 4211, 4214, 4301–

4307, 5301, 5317, 5319, 5503)

Pub. L. 102–578, §§ 1–3 .... Oct. 30, 1992 ..... 106 Stat. 4774–4776 (Title 38,

§§ 101, 1112, 1154)

Pub. L. 102–585, §§ 1(a),

101, 102(a)–(b), 103–110,

201–206, 301–308, 401–

406, 501–503, 511–514,

521–523, 525–526,

603(a)(1)–(2), 701–708,

801.

Nov. 4, 1992 ...... 106 Stat. 4943–4981, (Title 38,

§§ 101, 527, 1701, 1703, 1704,

1710, 1712, 1715, 1718, 1720B,

1720D, 1732, 1741, 1761–1764,

7253, 7301, 7303, 7306, 7314,

7318, 7404, 7426, 7451, 7452,

7601, 7618, 8101, 8111, 8126,

8133, 8135, 8136)

Pub. L. 102–590, §§ 1–5,

8–10, 12.

Nov. 10, 1992 .... 106 Stat. 5136–5142 (Title 38,

§§ 101, 3735, 7721, 7722)

Pub. L. 103–18, § 1(a)–(b) Apr. 12, 1993 ..... 107 Stat. 53–54 (Title 38, § 8126)

Pub. L. 103–66, §§ 12001–

12009(a), 12009(d)(1)–(3).

Aug. 10, 1993 .... 107 Stat. 413–416 (Title 38, §§ 101,

1101, 1710, 1722A, 1729, 3015,

3729, 3732, 5317, 5503)

Pub. L. 103–78, §§ 1–7 ...... Aug. 13, 1993 .... 107 Stat. 767–769 (Title 38,

§§ 1114, 1115, 1162, 1311, 1313,

1314, 3703, 3707)

Pub. L. 103–79, § 3(a)–(b) Aug. 13, 1993 .... 07 Stat. 771 (Title 38, §§ 8104,

8109)

Pub. L. 103–140, §§ 2–6(a),

(b).

Nov. 11, 1993 .... 107 Stat. 1485–1487 (Title 38,

§§ 1114, 1115, 1162, 1311, 1313–

1314)

Pub. L. 103–160,

§§ 561(m), 1175(a).

Nov. 30, 1993 .... 107 Stat. 1668, 1768 (Title 38,

§§ 1967, 3012)

Pub. L. 103–161, § 1(a) ...... Nov. 30, 1993 .... 107 Stat. 1967 (Title 38, § 1562)

Pub. L. 103–210, §§ 1(a)–

(b), 2(a), (c)–(d), 3(a)–(c).

Dec. 20, 1993 ..... 107 Stat. 2496–2498 (Title 38,

§§ 315, 1710, 1712, 3692, 8151–

8153)

Pub. L. 103–240, § 1 .......... May 4, 1994 ....... 108 Stat. 609 (Title 38, § 2402)

Pub. L. 103–271, §§ 2–6(a),

7(a)(1), (b)(1)–(2), 8–9(a),

(b).

July 1, 1994 ....... 108 Stat. 740–743 (Title 38,

§§ 1315, 1506, 7101–7104, 7107)

Pub. L. 103–296, § 108(k) .. Aug. 15, 1994 .... 108 Stat. 1488 (Title 38, § 5105)

Pub. L. 103–337,

§§ 651(a)–(d), 1677(d)(1)–

(2), 3411(a)(1), (2).

Oct. 5, 1994 ....... 108 Stat. 2792–2793, 3020, 3100

(Title 38, §§ 1965, 1967–1969,

3002, 3720)
1017 ACTS AMENDING TITLE 38

Public Law and Section Date Statute

Pub. L. 103–353, §§ 2(a), 3,

7.

Oct. 13, 1994 ..... 108 Stat. 3150, 3152–3153, 3157–

3162, 3164–3169, 3175 (Title 38,

§§ 3703, 4301–4304, 4311–4318,

4321–4326, 4331–4333, 5303A)

Pub. L. 103–446,

§§ 106(a)(1), (b), 111(a),

201(a)(1), (d), 203,

301(a)–(b), 303, 501(a)–

(b)(1), 502–504(a), 505,

507(a)–(b), 509(a),

510(a), 511(a), 601(a)–

(b), 602(a)–(b), 603(a)–

(b), 604(a), 605(a)(1),

(a)(2)(A)–(C), 606(a)(1),

(b)–(c), 607–609(a),

701(a)–(c), 702(a)–(b),

801–803, 901–903,

904(a)–(c), 905–908,

1102(a), 1103,

1201(a)(1)–(5), (b)(1),

(c)(1)–(7), (d)(1)–(20),

(e)(1)–(3), (e)(5)–(27),

(f)(1)–(6), (g)(1)–(4)(A),

(5)–(8), (h)(2), (4), (i)(1)–

(11).

Nov. 2, 1994 ...... 108 Stat. 4650–4651, 4654–4655,

4657–4658, 4663–4666, 4668,

4670–4678, 4680–4689 (Title 38,

§§ 101, 107, 111, 115, 305–306,

312, 315, 317–318, 544, 711–712,

1112–1113, 1116–1117, 1317,

1524, 1532, 1701, 1710, 1712,

1718, 1722A, 1922, 1922A, 1969,

1977, 2106, 2402, 2408, 3002,

3011–3012, 3018A, 3018B, 3032,

3034–3035, 3103, 3106, 3108,

3113, 3115, 3120–3121, 3241,

3452, 3476, 3532, 3565, 3672,

3674, 3674A, 3675, 3680, 3686,

3688, 3692, 3697, 3701–3702,

3704–3706, 3710, 3712–3713,

3729, 3732, 3735, 3745, 4102A,

4103, 4103A, 4110, 4110A, 4212–

4213, 5104, 5110, 5124–5125,

5303A, 5306, 5505, 5702, 5904,

6101, 6103, 6105, 7101, 7101A,

7107, 7266, 7306, 7311–7312,

7314–7315, 7318, 7408, 7433,

7435, 7440, 7451, 7453, 7458,

7601, 7603–7604, 7612, 7615–

7616, 7622–7623, 7635, 8103,

8110–8111, 8126, 8135, 8155,

8201, 8502)

Pub. L. 103–452,

§§ 101(a)–(f)(1), (2)(A),

(g)(1), 102(a)–(b)(1),

103(a)(1)–(2), (b)–(d).

Nov. 2, 1994 ...... 108 Stat. 4783–4786 (Title 38,

§§ 1710, 1712, 1720A, 1720C,

1720D, 7303, 8169)

P.L. 104–66, § 1141(a)–(c) Dec. 21, 1995 ..... 109 Stat. 726 (Title 38, §§ 1741,

3712 8110)

P.L. 104–99, § 201(b) ......... Jan. 26, 1996 ..... 110 Stat. 36 (Title 38, §§ 1920,

1923, 1955, 1982)

P.L. 104–106, §§ 646,

647(a)–(b), 737(a),

1501(e)(2)(A)–(D),

2822(b)(1), 2822(b)(2),

5604, 5608(b).

Feb. 10, 1996 ..... 110 Stat. se369–370, 383, 501,

556–557, 700, 702 (Title 38,

§§ 301, 310, 1967–1969, 3011–

3012, 3501, 3701, 3708, 4211,

8126)

P.L. 104–110, §§ 101(a)(1)–

(2), 101(b)–(k),

201(a)(1)–(2).

Feb. 13, 1996 ..... 110 Stat. 768–770 (Title 38,

§§ 1710, 1712, 1720A, 1720C,

3701, 3703, 3710, 3720, 3731,

3735–3736, 7451, 7618, 8169)

P.L. 104–201, §§ 556(a)–

(b), 1723(a)(2).

Sep. 23, 1996 ..... 110 Stat. 2528, 2759 (Title 38,

§§ 707, 3011–3012)

P.L. 104–204, §§ 421(b)(1)–

(2), 421(c), 422(a).

Sep. 26, 1996 ..... 110 Stat. 2923–26 (Title 38, §§ 101,

1101, 1151, 1801–1806, 5312)

P.L. 104–262, §§ 101(a)–(c),

(d)(1)–(10), (e)(1)–(5),

102(a), 103(a), 104(a)(1),

104(a)(2), (b), 204,

205(a), 206(a), (c),

207(a)–(b), 301(a)–(d)(2),

303, 304, 305, 321(a)(1),

(a)(2), 331, 333(a)(1),

(a)(2), 334(a)(1), (a)(2),

335(a)–(b), 342(a)–(b)(3),

343(a)–(e), 344, 345, 346,

347.

Oct. 9, 1996 ....... 110 Stat. 3178–3184, 3188–3191,

3193–3195, 3197, 3199, 3200,

3203–3208 (Title 38, §§ 501, 510,

545, 712, 1525, 1701, 1703,

1705–1706, 1710, 1712, 1712A,

1717–1718, 1720, 1722, 1729,

1741, 2104, 5317, 7301, 7301,

7301, 7306, 7406, 7319, 7320,

7321, 7361, 7363, 7366, 7368,

7423, 7432, 8101, 8104, 8107,

8109–8110, 8111A, 8131–8132,

8135, 8151–8153)
ACTS AMENDING TITLE 38 1018

Public Law and Section Date Statute

P.L. 104–275, §§ 101(a)–

(e), (f)(1), (f)(2)(A)–(D),

(g)–(i), 102, 103(a)(1)(A)–

(B), (a)(2), (b)–(c),

104(a)–(c), 105(a)–(c),

106(a), (b)(1)–(3), (c)(1)–

(2), 107(a), 201, 202(a)–

(b), 211, 212, 213(a),

(b)(1)–(2), 301–302,

311(1)–(13), 402(a)–(d),

403(a)–(b), 404,

405(b)(1)(A)–(H),

(b)(2)(A)–(B), (b)(3),

(c)(1)–(2), 406, 501(a)–

(e)(2), (f), 502(a)–(b),

505(a)–(c), 506(a), 507,

508(a), 509.

Oct. 9, 1996 ....... 110 Stat. 3323–3327, 3329–3344

(Title 38, §§ 101, 317–318, 542,

544, 1116, 1315, 1710, 1901,

1965, 1967–1971, 1973–1974,

1977, 2301, 2303, 2306, 2402,

3001–3002, 3013, 3015, 3017,

3018C, 3032, 3035, 3101–3109,

3117–3118, 3120, 3224, 3231–

3232, 3452, 3482, 3523, 3532,

3670, 3675, 3680A, 3689, 3720,

3729, 3762, 4102A, 4103, 4301,

4303, 4311–4313, 4316–4318,

4322–4326, 5121, 5301, 5310,

5313A, 5902, 7104)

P.L. 104–316, §§ 119,

202(t).

Oct. 19, 1996 ..... 110 Stat. 3836, 3845 (Title 38,

§§ 711, 5122)

P.L. 105–12, § 9(i)(1) .......... Apr. 30, 1997 ..... 111 Stat. 28 (Title 38, § 1707)

P.L. 105–33, §§ 8011–

8012–8015, 8021(a)(1),

8022, 8023(a)–(b),

8023(b)(3)–(4),

8023(d)(1)–(2), (4),

8023(e), 8031(a)(1),

(b)(1), 8032, 8033(a)–(b).

Aug. 5, 1997 ...... 111 Stat. 664–665. 667–669 (Title

38, §§ 712, 1104, 1303, 1710,

1722A, 1729, 1729(g), 1729A,

3720, 3726, 3729, 3732, 5302,

5317, 5503)

P.L. 105–85, § 1073(h)(3) ... Nov. 18, 1997 .... 111 Stat. 1907 (Title 38, § 310)

P.L. 105–98, §§ 2(a), 3–5,

6(a)–(b).

Nov. 19, 1997 .... 111 Stat. 2155–2157 (Title 38,

§§ 1114–1115, 1162, 1311, 1313–

1314)

P.L. 105–111, § 1(a)–(b) ..... Nov. 21, 1997 .... 111 Stat. 2271 (Title 38, §§ 5109A,

7111)

P.L. 105–114, §§ 101(a)(1),

102(a)(1), 201(a)–(c),

202(a)–(b), 203(a),

205(a), (b)(1), 206(a),

(b)(1)–(2), 207(a),

208(a)(1), 209(a), 401(a)–

(f), 402(a)–(e), 404(a),

(b)(1), (c).

Nov. 21, 1997 .... 111 Stat. 2278, 2280, 2282, 2284,

2286–2290, 2293–2294 (Title 38,

§§ 319, 516, 1710, 1717, 1720,

1720A, 1720C, 1771–1774, 1801,

1804, 1806, 2303, 3015, 3018C,

3680A, 3735, 3761–3762, 5310,

7322, 7618, 8153, 8168–8169)

P.L. 105–115,

§ 125(a)(2)(E).

Nov. 21, 1997 .... 111 Stat. 2325 (Title 38, § 8126)

P.L. 105–116, §§ 1(a), 2 ..... Nov. 21, 1997 .... 111 Stat. 2381–2382 (Title 38,

§§ 2408, 2411)

P.L. 105–178, §§ 8203(g),

8204–8205, 8207.

June 9, 1998 ...... 112 Stat. 493–495 (Title 38,

§§ 1311, 2102, 3015, 3902)

P.L. 105–206, §§ 8202,

8210(a)–(d).

July 22, 1998 ..... 112 Stat. 865–866 (Title 38,

§§ 1102, 3532, 3534, 3542, 3687)

P.L. 105–220, §§ 322,

414(c).

Aug. 7, 1998 ...... 112 Stat. 1087, 1242 (Title 38,

§§ 3904, 4110B, 7303)

P.L. 105–261, §§ 517, 1073,

565(a), 656(a).

Oct. 17, 1998 ..... 112 Stat. 2009, 2029, 2137, 2053

(Title 38, §§ 2301, 3015)

P.L. 105–277,

§§ 405(d)(29)(A)–(C),

(f)(21)(A)–(C), 1602(a)(1),

(b)–(c).

Oct. 21, 1998 ..... 112 Stat. 2681–742, 2681–744,

2861–424 (Title 38, §§ 1113,

1117–1118, 4102A, 4103A, 4213)

P.L. 105–339, §§ 7(a), 8 ..... Oct. 31, 1998 ..... 112 Stat. 3188–3189 (Title 38,

§ 4212)
1019 ACTS AMENDING TITLE 38

Public Law and Section Date Statute

P.L. 105–368, §§ 102(a),

201, 202(a), 203(a),

204(a), 205, 205(a),

206(a), 207(a)–(c),

211(a), 212(a), (b)(1),

213(a), 301(a), 302(a)(1),

(b), 304(a), 401(a)–(c),

(a)(2)–(3), 403(c)(1)(A),

(c)(2)–(3), (c)(5)–(8), 404,

501–503, 511(b),

512(a)(1)–(2), (2)(C),

601(a), 602(a)(2), (c)(1)–

(2), (d), (e)(1)(A)–(G),

603(a), 604(a), 704, 705,

802(a), 803(a), 805(1)–

(6), 901(a), 902, 903(a),

906(a), 1001(a)(1), 1002,

1003, 1004(a), 1005(a),

(b)(2)–(18), 6023(e)(2).

Nov. 11, 1998 .... 112 Stat. 3321, 3326–3328, 3331–

3335, 3338–3348, 3350, 3352–

3361, 3363–3365 (Title 38,

§§ 301, 307, 530, 531, 1104, 1562,

1706, 1710, 1720D, 1720E, 1803,

1919, 1970, 1980, 2106, 2306,

2400, 2402–2403, 2405, 2408,

3011–3012, 3018, 3018A–3018C,

3034, 3036, 3231, 3485, 3674A,

3677, 3680A, 3684, 3702–3703,

3711, 3714, 3720, 3720(e), 3722–

3725, 3727, 3729–3730, 3733–

3735, 3771–3775, 4102A, 4103A,

4110A, 4303, 4319, 4323–4324,

5303A, 5313, 5315, 5904, 7101,

7101A, 7107, 7251–7256, 7261–

7264, 7266–7269, 7281–7286,

7291–7292, 7296–7298, 7601–

7604, 7632, 7636, 7671–7676,

7681–7684, 8104, 8107, 8109)

Pub. L. 106–65, § 551(b) .... Oct. 5, 1999 ....... 113 Stat. 614 (Title 38, § 3695)

Pub. L. 106–117,

§§ 101(a)–(g), 111(a), (b),

112(1), (2), 114–115,

201(a), (b), 202(a), 203,

204(a)–(e), 205(a),

207(a), (b), 208(a)–(c),

(e), 209, 301, 302, 502,

502(a), (b), 503, 701–

702, 702(b), 704, 711–

712, 801(a), 802–804,

902, 1021(a), 1011,

1011(j), 1022–1024(a),

1031, 1032(a), 1033,

1035(1), (2), 1011(j).

Nov. 30, 1999 .... 113 Stat. 1548, 1549, 1556, 1558,

1562–1564, 1565, 1567, 1568,

1571, 1572, 1574, 1575, 1583,

1586, 1593 (Title 38, §§ 103, 315,

544, 1112, 1311, 1318, 1547–

1550, 1553, 1556, 1560–1561,

1563, 1569, 1582–1587, 1589–

1590, 1592, 1594–1595, 1701,

1705, 1710, 1710A, 1710B,

1712A, 1720, 1720A, 1720B,

1720D, 1722A, 1725, 1729A,

1729B, 1741, 2041, 2054, 3002,

3011–3012, 3031, 3702, 3903,

7253, 7257, 7281, 7296–7299,

7361–7364, 7366, 7402, 7731–

7734, 7803, 8110, 8134–8135,

8162–8163, 8169)

Pub. L. 106–118, §§ 2(a),

3–5, 6(a), (b).

Nov. 30, 1999 .... 113 Stat. 1601–1603 (Title 38,

§§ 1114, 1115, 1162, 1311, 1313,

1314)

Pub. L. 106–259, § 8147(a) Aug. 9, 2000 ...... 114 Stat. 705 (Title 38, § 106)

Pub. L. 106–377, § 1(a)(1)

[§ 501(a)(1), (b), (c)].

Oct. 27, 2000,

114 Stat. 1441,

1441A–55

(Title 38,

§§ 107, 1724,

1734).

Pub. L. 106–398,

§ 1[1602(b)(2), (3),

1087(g)(5)].

Oct. 30, 2000 ..... 114 Stat. 1654, 1654A–359, 294

(Title 38, §§ 3014, 3015, 7426)
ACTS AMENDING TITLE 38 1020

Public Law and Section Date Statute

Pub. L. 106–419, §§ 101(a),

(b), 102(a)(1), (2), (c),

103(a)–(d), 104(a), (b),

105(a)(1), (2), (b),

111(a)–(d), (f)(1)(A), (2),

112, 113(a), 114(a), (b),

121(a), 122(a), (b)(1)–(4),

(c)(1), 123, 201(a), (b),

202(a)–(g), 203, 204–206,

221(a), 222, 224(a), (b),

241, 301(a), (b), 302,

303, 304, 311(a), 312(a),

(b), 313(a), (b), 321,

322(a)–(c), 323(a),

331(a), (b), 332(a),

333(a), 401(a), (b), (c)(1)–

(3), (e)(1), (2), 402(a)–(f),

403(b), 403(c)(1)–(5),

403(d)(1)(A), 404(a)(1)–

(7), (10), (b).

Nov. 1, 2000 ...... 114 Stat. 1824–1835, 1841, 1842,

1844, 1846, 1852–1861, 1863–

1865, 4042(a)(9) (Title 38, §§ 101,

106, 107, 116, 503, 541, 542,

1114, 1116, 1151, 1318, 1708,

1710, 1710A, 1712, 1720A, 1801,

1802, 1805, 1806, 1811–1816,

1821–1824, 1826, 1831, 1833,

1834, 1837, 1838, 1840, 1841,

1845, 1847, 1861, 1863–1865,

1922, 1965, 1967–1969, 1977,

2102, 2303, 2402, 3011, 3012,

3013, 3015, 3017, 3018, 3018C,

3032, 3036, 3232, 3452, 3482,

3501, 3512, 3532, 3534, 3542,

3564, 3674, 3680, 3684, 3687,

3689, 3720, 3729, 3732, 4211–

4213, 4303, 4316, 5113, 5317,

5503, 7306, 7312, 7321, 7323,

7368, 7402, 7405, 7435, 7438,

7451, 7455, 7603, 8111, 8136,

8163, 8201)

Pub. L. 106–475, §§ 2, 3(a),

(b), 4, (a)(2), 5.

Nov. 9, 2000 ...... 114 Stat. 26, 2096––2099 (Title 38,

§§ 101, 5100, 5102, 5103, 5103A,

5106, 5107, 5126)

Pub. L. 107–14, §§ 3,

4(a)(1), (b)–(e), (f), 6(a),

(b)(1), 7(a)(1), (b)(1),

(2)(A), (B), (c)(1)–(3),

(d)(1), (e)(1), (f)(1),

8(a)(1)–(14)(A), (15), (16).

June 5, 2001 ...... 115 Stat. 25, 26, 28, 29, 30–35

(Title 38, §§ 107, 545, 1710B,

1713, 1965, 1967–1970, 2301,

3011, 3012, 3014, 3015, 3017,

3018C, 3032, 3452, 3462, 3485,

3512, 3537, 3674, 3674A, 3722,

3734, 3763, 4104, 4303, 5103,

5121, 5701, 7101, 7105, 7367,

7671, 7672, 7681, 7721, 7727,

7801, 8125, 8520)

Pub. L. 107–94, §§ 2(a), 3–

5, 6(a), (b).

Dec. 21, 2001 ..... 115 Stat. 900–902 (Title 38,

§§ 1114, 1115, 1162, 1311, 1313,

1314)

Pub. L. 107–95, §§ 5(a)(1),

5(b)(1), (c), (d)(1), (2)(B),

(C), (d)(3), (e)(3), 6(b),

8(a), (c), 9(a), (b), 10(a),

(b).

Dec. 21, 2001 ..... 115 Stat. 905, 906, 908–910, 912–

914, 916, 918–920 (Title 38,

§§ 1706, 1720A, 2001–2003,

2011–2013, 2021–2023, 2031–

2034, 2041–2043, 2051–2054,

2061–2066, 3735, 3771, 3772–

3775, 4103A, 4104, 4111, 8122,

8162)
1021 ACTS AMENDING TITLE 38

Public Law and Section Date Statute

Pub. L. 107–103,

§§ 101(a)(1), (2), 102(a)–

(d), 103(a), (b), (c)(1), (d),

(2), (d), 104(a)(1), (b),

105(a)–(c), 106(a),

107(a), 108(a), (b)(1), (2),

(c)(1)–(3), 109(a), (b)(1),

(3), (4), 110(a),

201(a)(1)(A), (b), (c)(1),

(c)(2)(A), (d)(1), 111(a),

202(a), (b)(1), (2), (d)(1),

203(a), 204(a), (b)(1), (2),

205, 206, 207(a)(1),

(b)(1), (2), 301, 303, 304,

401, 402(a), (b), 403,

404, 405(a)–(d),

501(a)(1), 501(b)(1),

502(a)–(c), 503, 504,

505(a)(1), 507, 508(a),

509(a)(1), (b)–(d), (f),

601, 602, 604(a)–(c)(1),

605(a).

Dec. 27, 2001 ..... Stat. 977–983, 985–995, 997–1000

(Title 38, §§ 712, 1104, 1114,

1116–1118, 1303, 1502, 1513,

1521–1522, 1710B, 1729B, 2102,

2303, 2306, 2307, 3011–3013,

3014A, 3015, 3031, 3103, 3105,

3120, 3231, 3452, 3485, 3501,

3511, 3512, 3532, 3534, 3540,

3541–3543, 3672, 3680, 3680A,

3687, 3702, 3695, 3703, 3714,

3720, 3729, 3732, 3761, 3762,

3902, 5112, 5313B, 5503, 7253,

7266, 7285, 7287, 7296, 7366,

7722, 7723)

Pub. L. 107–107,

§ 654(a)(1).

Dec. 28, 2001 ..... 115 Stat. 1153 (Title 38, § 3020)

Pub. L. 107–135,

§§ 101(a)(1), (b)–(g),

102(a)(1), (b), (c), (d)(1),

121(a), 124, 125(a)(1),

131, 201(a), (b)(1), 132,

133, 202(a), (b), 203,

205(a), 208(a)(1), (2),

(b)–(d), (e)(1)–(4), (6)–(9)

(f)(2), 209(a), (b)211.

Jan. 23, 2002 ..... 115 Stat. 2447–2450, 2452, 2454,

2457, 2458, 2460–2465, Title 38,

§§ 103, 1701, 1705–1707, 1710,

1711, 1711, 1712A, 1713, 1714,

1729, 1729A, 1781–1784, 7303,

7306, 7324, 7426, 7451, 7454,

7631, 7672, 7673, 7676, 7682–

7684, 8110, 8111, 8111A, 8152,

8502, 8520, 8521)

INDEX

Section

(1023)

Absence without leave ..................................................................... 105(b),

1968(a)(1)(B)

Accrued benefits:

Claims considered for ............................................................... 5101(b)

Definition .................................................................................. 5121(a)

Hospital, domiciliary, institutional care ................................. 5503(a)(2)

Payment of ................................................................................ 5121, 5122

Time limitation ......................................................................... 5121(c)

Active duty:

Definition .................................................................................. 101(21), 1965(1)

Discharge, travel time .............................................................. 106(c), (d)

Educational assistance ............................................................. 3202, 3452(a)(2),

(3), 3482(b)

Provisional acceptance ............................................................. 106(b)

Servicemembers’ Group Life Insurance .................................. 1967

Travel to or from ...................................................................... 1967(b)

Active duty for training:

Defined ...................................................................................... 101(22), 1965(2)

Travel to or from ...................................................................... 106(d), 1967(b)

Active military, naval, or air service, defined ............................... 101(24)

Adjusted Payments Act of 1936, protected cases .......................... 12(b) (P.L. 85–857)

Administrative error ....................................................................... 503(a)

Administrative reorganization ....................................................... 510(c)

Adoption:

Child .......................................................................................... 101(4), 1901(3)

Parent ........................................................................................ 101(5), 1901(4)

Advance pay, education .................................................................. 3680(d)

Adverse actions ................................................................................ 7403(f)(3),

7461–7463

Advisory committee ......................................................................... 541, 542, 544, 545,

1974, 2401, 3121,

3692, 7312, 7474

Affidavits, validity of ....................................................................... 5712

Affirmations ..................................................................................... 3686, 5711, 5712

Agency of original jurisdiction ........................................................ 7105(b)(1)

Agents and attorneys:

Appeals ...................................................................................... 7105(c)

Fees ........................................................................................... 1984(g), 5902(b)(1),

5903(1), 5904(c), (d)

Loan foreclosures ...................................................................... 3730

Penalties .................................................................................... 5904(b), 5905

Power of attorney ..................................................................... 5301(a), 5902(b)(2),

5903(2)

Recognition of ........................................................................... 5901–5904

Retired service personnel ........................................................ 5902(c)

Suspension of ............................................................................ 5904(b)

Aggravation, preexisting disability ................................................ 1153

Agreements:

Philippine hospital program .................................................... 1731, 1732, 1733

Veteran-student services ......................................................... 3485
Section

INDEX 1024

Aid and attendance ......................................................................... 1114(l), (m), (r),

1115(l)(E), 1122(b),

1311(c), 1502(b),

1511(a)(2),

1512(a)(1)(B),

1511(c)(2),

1512(a)(3)(B),

1512(b)(1)(B),

1521(d), 1712(g),

(h), 1717

Aircraft, leasing of ........................................................................... 513

Air National Guard. (See National Guard.)

Alcohol and drug abuse medical records, regulations on ............. 7334

Alcohol and drug abusers, nondiscrimination against ................. 7333

Alcoholism ........................................................................................ 105(c)

Alien:

Benefits, in enemy country ...................................................... 5308, 5309

Discharge as ............................................................................. 5303(a), (c)

Faithful service ......................................................................... 5303(c)

All-Volunteer Force Educational Assistance Program ................. 3001–3036

Allied governments:

Service in forces of:

Citizens of United States .................................................. 109(b), (c)

Reciprocal benefits ............................................................ 109(a)

Amebiasis ......................................................................................... 1101(4)

American Experience Table of Mortality ....................................... 1902, 1943

American Legion, representatives of ............................................. 5902

American National Red Cross, representatives of ........................ 5902

Anemia, primary .............................................................................. 1101(3)

Annual report .................................................................................. 529, 1764, 3712(1),

7632, 7726

Annuity table for 1949 .................................................................... 1922, 1923, 1925

Annulment—remarriage bar removed by ...................................... 103(d)(1)

Aphonia, complete organic, additional compensation ................... 1114(k)

Appeals:

Administrative appeals ............................................................ 7106

Agents ....................................................................................... 7105(b)(2)

Application for .......................................................................... 7105

Application rejected .................................................................. 7108

Board of Veterans ..................................................................... 7101

By whom made ......................................................................... 7105

Considered by Board of Veterans Appeals ............................. 7104

Date of filing ............................................................................. 7105

Docketing .................................................................................. 7107

Notice of disagreement ............................................................ 7105

Simultaneously contested claims ............................................ 7105A

Statement of the case ............................................................... 7105(d)

Time limitations ....................................................................... 7105

To court. (See United States Court of Appeals for Veterans

Claims.)

To Secretary .............................................................................. 7464(d)

Appliances, prosthetic:

Fitting and training ................................................................. 1714

Furnishing ................................................................................ 1712

Procurement ............................................................................. 1712(d), 8113

Repair or replacement ............................................................. 1719

Applications:

Advance pay, education ........................................................... 3680(d)

Appeals ...................................................................................... 7105

Benefits. (See particular benefit.)

Duty to assist ............................................................................ 5103A

Final approval .......................................................................... 3521

Form furnished free ................................................................. 5102

Form, joint, VA and social security ........................................ 5101(a)
Section

1025 INDEX

Applications—Continued

Form prescribed ........................................................................ 3513, 5101(a), 8527

Incomplete ................................................................................. 5103

Notice to claimants ........................................................... 5102

Multiple benefits, one application ........................................... 5101(b)

Notice of required information ................................................ 5103

Processing ................................................................................. 3514

Renouncement of right to benefits .......................................... 5306

Appointments in DM&S .................................................................. 7402(c)

Apportionment:

Alien in enemy country ............................................................ 5308(c)

Benefits forfeited for treason ................................................... 6104(b)

Benefits, generally .................................................................... 5307

Educational benefits ................................................................. 5307

Incompetent veteran ................................................................ 5502(d), 5503(b)(3)

Pension, penal institution, confinement ................................. 1505, 5502(d)

Prohibition ................................................................................ 6103(e), 6104(c)

Suspended payments ............................................................... 5502(d)

Apprentice training ......................................................................... 3452(e), 3462(c),

3484, 3534,

3680(c), 3687

Appropriations:

Availability, continuing ............................................................ 6 (P.L. 85–857)

Canteen service ........................................................................ 7804

Medical school assistance and health manpower training ... 8212, 8222

Military and naval insurance. (See Insurance.)

National Service Life Insurance. (See Insurance.)

Servicemembers’ Group Life Insurance. (See Insurance.)

U.S. Government life insurance. (See Insurance.)

Approval of courses, disapproval .................................................... 3473, 3483, 3523,

3535, 3670, 3672,

3675, 3676, 3679

Approval of schools, disapproval .................................................... 104

Armed Forces:

Definition .................................................................................. 101(10)

Reserve component, definition ................................................ 101(27)

Reserves:

Active duty ......................................................................... 101(21)

Active duty for training .................................................... 101(22)

Defined ............................................................................... 101(26)

Inactive duty training ....................................................... 101(23)

Voluntary Recruitment Act of 1945 ........................................ 107(b)

Arrests, crimes, VA facilities .......................................................... 901

Arteriosclerosis ................................................................................ 1101(3)

Arthritis ............................................................................................ 1101(3)

Artificial limbs, furnishing of ......................................................... 1712(d)

Assignments, allowed, prohibited .................................................. 1316(c)(1), 1918,

1953, 3702(c),

3732, 5301

Atrophy, progressive muscular ....................................................... 1101(3)

Attachment, exemption from .......................................................... 5301

Attendants, travel expenses ........................................................... 111(c)

Attorney General:

Compromise insurance suits ................................................... 1984(i)

Opinions of ................................................................................ 505

Attorney, power of ........................................................................... 5301(a), 5902(b)(2),

5903(2)

Attorneys. (See Agents and attorneys.)

Attorneys, VA, travel expenses ...................................................... 1984(d)

Authorized travel:

Active duty ................................................................................ 101(21)(E), 106(c),

(d)

Active duty for training ........................................................... 101(22)(E), 106(d)
Section

INDEX 1026

Authorized travel—Continued

Inactive duty training .............................................................. 106(d)

Automobiles and other conveyances:

Ability to operate ...................................................................... 3902(b), (d),

3903(b)

Adaptive equipment ................................................................. 3901(2), 3902,

3903(d), 3904

Air conditioning and power equipment .................................. 3901(2)

Amount payable ........................................................................ 3902

Driver training ......................................................................... 3903(e)(1)

Eligibility .................................................................................. 3901(1)

Insurance .................................................................................. 3903(e)(2)

Limitation on number .............................................................. 3903

Research and development ...................................................... 3904

Awards:

Effective dates .......................................................................... 5110

Increase, effective date ............................................................ 5510

Report or finding of death, effective date ............................... 5110(j)

Reduction and discontinuance, effective date ........................ 5112

Bedridden permanently, special compensation rate ..................... 1114(l)

Beneficiaries. (See Insurance.)

Benefits:

Accrued ...................................................................................... 5121, 5122

Active-duty service requirements for ...................................... 5303A

Alien:

Discharge as ...................................................................... 5303(a), (c), (e)

Faithful service ................................................................. 5303(c)

In enemy country .............................................................. 5308, 5309

Allied forces, veterans .............................................................. 109

Apportionment .......................................................................... 5307, 5503(b)(3),

6103(e), 6104(c)

Assignment ............................................................................... 1316(e)(1), 1918,

1953, 5301(a)

Bars to ....................................................................................... 5301(a), 5303

Chidren of Vietnam veterans born with spina bifida:

Conditions covered ............................................................ 1802

Health care ........................................................................ 1803

Monetary allowance .......................................................... 1805

Vocational training and rehabilitation ............................ 1804

Citizens of United States, serving in allied forces ................. 109(b)

Coordination of government programs ................................... 523(b)

Discontinued:

Apportionment ................................................................... 5503(b)(2)

Payments to institutions .................................................. 5503(b)(2)

Duplication, prohibited ............................................................ 1151, 1316, 1317,

3562 5304, 5305

Election:

Dependency and indemnity compensation ...................... 1316, 8 (P.L.

92–197)

Pension:

Authorized ......................................................................... 306 (P.L. 95–588)

Retirement pay, waiver .................................................... 5305

Women’s Army Auxiliary Corps ....................................... 106(a)(2)

Entitlement, prior laws, continued ......................................... 9–12 (P.L. 85–857),

306 (P.L. 95–588)

Exemption from:

Attachment, levy, seizure ................................................. 1970(g), 5301

Claims of creditors ............................................................ 1970(g), 5301

Taxation ............................................................................. 1970(g), 5301

Forfeiture .................................................................................. 1911, 1954, 1973,

6103, 6104, 6105,

3(b) (P.L. 85–857)

Fraudulent accepting or obtaining .......................................... 6102
Section

1027 INDEX

Benefits—Continued

Incompetents, personal funds:

Beneficiaries, permitted class .......................................... 5502(d)

Estates, no payments to ................................................... 5502(d)

Lack of mailing address, retain benefits ................................ 5126

Limitations on educational assistance .................................... 3681

Minors and incompetents ........................................................ 5502

Misappropriation by fiduciaries .............................................. 6101

Protected cases ......................................................................... 9–12 (P.L. 85–857)

Renouncement of rights to benefits ........................................ 5306

Setoff, allowed, prohibited ....................................................... 1151, 5301(b)

Social security, in lieu of ......................................................... 1312

Waiver of overpayments .......................................................... 5302(a)

Withheld:

Alien in enemy country .................................................... 5308

Restoration ........................................................................ 5309

Beriberi (including beriberi heart disease) .................................... 1112(b)

Blackwater fever .............................................................................. 1101(4)

Blindness:

Automobiles and other conveyances, adaptive equipment .... 3901

Compensation rates:

One eye, additional rate ................................................... 1114(k)

Two eyes, special rate:

Anatomical loss .......................................................... 1114(n)

Light perception only ................................................. 1114(m)

One eye, non-service-connected ................................ 1160

Regular aid and attendance ...................................... 1114(m), (r)

Total combined with deafness rated at 60 percent . 1114(o)

Total combined with deafness rated at 30 percent . 1114(p)

Visual acuity 5/200 or less ........................................ 1114(l)

Housing, specially adapted ...................................................... 2101

Insurance .................................................................................. 1914

Mechanical or electronic equipment ....................................... 1714

Pension, regular aid and attendance ...................................... 1502(b)

Seeing-eye dog .......................................................................... 1714

Vocational rehabilitation eligibility ........................................ 3103(c)

Board, Disciplinary .......................................................................... 7464

Board of Veterans’ Appeals:

Advisory medical opinions ....................................................... 7109

Clear and unmistakable error ................................................. 7111

Composition .............................................................................. 7101

Conclusions of law .................................................................... 7104(d)

Creation ..................................................................................... 7101

Decisions ................................................................................... 7103, 7104

Docketing of appeals ................................................................ 7107

Error, correction of ................................................................... 7103

Finality of decisions ................................................................. 7103, 7104

Findings of fact ......................................................................... 7104(d)

Independent medical opinions (advisory medical opinions) .. 7109

Jurisdiction of ........................................................................... 7104(a)

Members:

Appointment, appointment; pay; performance review ... 7101A

Appointment, approval ..................................................... 7101(b)

Assignment ........................................................................ 7102

Limitations on Performance incentives ........................... 7101(e)

Opinions, independent medical (advisory medical) ............... 7109

Ovious errors ............................................................................ 7103

Reconsideration ........................................................................ 7103

Reopening of disallowed cases ................................................. 7104(b)

Report on activities .................................................................. 7101(d)

Resources ........................................................................... 7101(a)

Statement of the case ............................................................... 7105

Boxer Rebellion (included in Spanish-American War) ................. 101(6)
Section

INDEX 1028

Brain:

Hemorrhage .............................................................................. 1101(3)

Thrombosis ................................................................................ 1101(3)

Bronchiectasis .................................................................................. 1101(3)

Burden of proof, training travel ..................................................... 106(d)

Bureau of Apprenticship and Training .......................................... 3452(e)

Burial:

Cremated remains .................................................................... 2410

Burial benefits:

Death in VA facility ................................................................. 2303

Death from service-connected disability ................................. 2307

Eligibility .................................................................................. 2302

Flag ............................................................................................ 2301

Headstones and markers ......................................................... 2306

Limitations ................................................................................ 2302(b)

Prior laws, eligibility under ..................................................... 2305

Reimbursement ........................................................................ 2304

Time limitation ......................................................................... 2304

Transportation of body ............................................................. 2302, 2303, 2308

Burial expenses, exclusion of, pension ........................................... 1503(a)(3), (4)

Burial receptacles ............................................................................ 2306

Buttocks, loss of, additional compensation rate ............................ 1114(k)

Cadets, active duty .......................................................................... 101(21)(D), 3202,

3452(a)(3)

Cadets, ROTC, Group life insurance ............................................. 1965, 1966

Calculi of kidney, bladder, or gall bladder .................................... 1101(3)

Canal Zone ....................................................................................... 101(20)

Cancer:

Thyroid ...................................................................................... 1112(c)(2)(B)

Breast ........................................................................................ 1112(c)(2)(C)

Pharynx ..................................................................................... 1112(c)(2)(D)

Esophagus ................................................................................. 1112(c)(2)(E)

Stomach ..................................................................................... 1112(c)(2)(F)

Small intestine ......................................................................... 1112(c)(2)(G)

Pancreas .................................................................................... 1112(c)(2)(H)

Bile ducts .................................................................................. 1112(c)(2)(K)

Gall bladder .............................................................................. 1112(c)(2)(L)

Liver .......................................................................................... 1112(c)(2)(M)

Bronchiolo-alveolar carcinoma ................................................ 1112(c)(2)(P)

Canteen Service, Veterans’: Accounts, audit of ..................................................................... 7807

Appropriations .......................................................................... 7804

Budget ....................................................................................... 7806

Canteens, establishment and operation ................................. 7802(1)

Checks, etc., cashing ................................................................ 7802(11)

Child-care centers .................................................................... 7809

Delegation of authority ............................................................ 7802(10)

Employees:

Conditions of employment ................................................ 7802(5)

Pay ...................................................................................... 7802(5)

Equipment, services, and utilities .......................................... 7802(4)

Financing .................................................................................. 7804

Fund, revolving ......................................................................... 7804–7806

Gifts, donations ........................................................................ 7802(8)

Independent unit of VA ........................................................... 7808

Limitations on service .............................................................. 7803

Location of canteens ................................................................. 7802(1)

Personnel ceilings, exemption from ........................................ 7810

Prices ......................................................................................... 7802(7)

Purchase or sale contracts ....................................................... 7802(6)

Purpose ...................................................................................... 7801

Space, buildings, and structures ............................................. 7802(3)

Utilities, reimbursement for .................................................... 7802(4)

Warehouses and storage depots .............................................. 7802(2)
Section

1029 INDEX

Cardiovascular-renal disease .......................................................... 1101(3)

Casualty loss ............................................................................. 1315(f)(1)(I),

1503(a)(5)

Certification:

Death gratuity .......................................................................... 1323

Pay grade .................................................................................. 1321

Records ...................................................................................... 5702(b), 5703

Social security ........................................................................... 1322

Veterans education ................................................................... 3680(b), 3680(c)

Certified mail notices:

Assets, deceased inmates, court action ................................... 8526

Insurance claims, denial .......................................................... 1984(b)

CHAMPVA ....................................................................................... 1781

Checks:

Benefits paid by ........................................................................ 5120(a)

Cancellation .............................................................................. 5120(c), 5122

Cashed by Canteen Service ..................................................... 7802(11)

Delivery or nondelivery of ....................................................... 3680(d)(5), 5120(b),

(c)

Delivery preceding Saturday, Sunday, or holiday ................. 5120(e)

Forwarding permitted .............................................................. 5120(a)

Payments. (See Payments, Methods of, VA benefits.)

Child:

Approval of schools ................................................................... 104

Compensation, eligibility ......................................................... 1121, 1141

Concurrent payments ............................................................... 5304(b)

Cost-of-living adjustments ....................................................... 1104

Definition of .............................................................................. 101(4), 1901(3),

1965(8), 3501(a)(2)

Dependency and indemnity compensation, eligibility ........... 1310, 1316

Marriage as bar ........................................................................ 101(4), 103(e)

Pension:

Eligibility ........................................................................... 1532, 1533, 1535,

1542

Income determination ....................................................... 1503

Net worth limitation ......................................................... 1543

Rates .................................................................................. 1542

Reduction ........................................................................... 5503(d)

School attendance ..................................................................... 101(4), 1314(c)

Cholera ............................................................................................. 1101(4)

Chronic diseases:

Defined ...................................................................................... 1101(3)

Presumptions ............................................................................ 1112

Cirrhosis of liver .............................................................................. 1101(3)

Citizens of United States: Service in allied forces ........................ 109(b), (c)

Civil War surviving spouses and children ..................................... 1532, 1533

Claims:

Acceptance of claimant’s statement as proof of relationship 5124

Acceptance of reports of priviate physician examinations .... 5125

Assistance in developing .......................................................... 5107(a)

Burden of proof:

Benefit of doubt ................................................................. 5107(a)

Generally ........................................................................... 5107(a)

Training travel .................................................................. 106(d)

Burden of proof, training travel .............................................. 106(d)

Compensable status prior to this act ...................................... 1152

Confidential nature .................................................................. 5701

Creditors, exemption from ....................................................... 5301

Discontinuances ........................................................................ 5112

Education, advance payment .................................................. 3680(d)

Emergency officers retirement ................................................ 11 (P.L. 85–857)

Independent medical opinions ................................................. 5109, 7109(c)

Insurance:

Definition ........................................................................... 1984(h)
Section

INDEX 1030

Claims—Continued

Insurance—Continued

Denial ................................................................................. 1984

Multiple benefits, one application ........................................... 5101(b)

Pending January 1, 1959 ......................................................... 9 (P.L. 85–857)

Pension claim pending December 31, 1978 ............................ 306 (P.L. 95–588)

Pensionable status prior to this act ........................................ 1504

Pensionable status prior to January 1, 1979 ......................... 306 (P.L. 95–588)

Prior laws, receipt under ......................................................... 10, 11 (P.L.

85–857)

Receipt of benefits December 31, 1958 ................................... 10 (P.L. 85–857)

Reopened ................................................................................... 5108, 5110, 7104(b)

Tobacco products, special rule ................................................. 1103

Within one year from discharge or death ............................... 5110

Claimant:

Application ................................................................................ 5102

Burden of proof, benefit of doubt ............................................ 5107

Lack mailing address, retain benefits .................................... 5126

Clear and unmistakable error:

Revision of original decisions .................................................. 5109A

Revision by Board of Veterans’ Appeals ................................. 7111

Clothing allowance .......................................................................... 1162

Limitation on payment to incarcerated veterans .................. 5313A

Clothing, furnishing of:

Employees, VA .......................................................................... 703(a)

Indigent patients ...................................................................... 1723

Limitation ................................................................................. 1723

Special, prosthetic appliances ................................................. 1723

Coast and Geodetic Survey:

Active duty, defined ................................................................. 101(21)(C)

Coast Guard, Armed Forces inclusion in ....................................... 101(10)

Coast Guard Reserve, temporary members ................................... 101(22), 101(23)

Coast Guard uniformed services, inclusion in .............................. 1765(6)

Cocidioidomycosis ............................................................................ 1101(3)

Cohabited, 1 or more years ............................................................. 103(a)

Collective bargaining and personnel administration .................... 7421–7426

Commissioners 1941 Standard Ordinary Table of Mortality ....... 1922, 1923

Commissioners Standard Ordinary Basic Mortality Table, 1958 1904, 1925

Committee, advisory ........................................................................ 542, 1974, 3692,

7312

Commitment actions, court costs ................................................... 5501

Commonwealth Army veteran:

Definition .................................................................................. 107

Hospital and medical care ....................................................... 1731, 1732, 1734

Community residential care ........................................................... 1730

Compensable status:

At death .................................................................................... 1302(e)

Persons heretofore having ....................................................... 1152

Compensation:

Accrued benefits ....................................................................... 5121, 5122

Additional, dependents:

Child, pursuing course of instruction at approved

school.. ............................................................................ 1115

Aid and attendance .................................................................. 1114(l), (m), (r),

1115(1)(E), 5503(e)

Appointment of benefits ........................................................... 5307

Approval of schools disapproval .............................................. 104

Awards, effective date .............................................................. 5110

Chronic diseases ....................................................................... 1101(3), 1112

Claim for, filing ........................................................................ 5101

Concurrent payments ............................................................... 5304

Death:

After December 31, 1956 .................................................. 1317

Before January 1, 1957 ..................................................... 1121, 1141, 1316
Section

1031 INDEX

Compensation—Continued

Death—Continued

Child, eligibility ................................................................. 101(4), 1121, 1141,

5304(b)

Claim considered for other benefits ................................. 5101

Election of dependency and indemnity compensation .... 1316

From training, hospitalization, treatment or examination .................................................................................. 1151

Parent, eligibility .............................................................. 101(5), 1121, 1141

Service connection, 10 years or more .............................. 1159

Surviving spouse, eligibility ............................................. 101(3), 101(31),

102(b), 103, 1102,

1121, 1141

Surviving spouse, rates, for month of veteran’s death ... 5310

While totally disabled, surviving spouse and child, eligibility ............................................................................ 1310

Definition .................................................................................. 101(13)

Dependency and indemnity compensation. (See Dependency

and indemnity compensation.)

Disability:

Blindness, total deafness, or bilateral kidney involvement ................................................................................ 1160

Eligibility ........................................................................... 1110, 1131

Exceeding rate requirements ........................................... 1114(p)

Forfeited benefits payable to dependents ........................ 6103(b)

Hospital, domiciliary, institutional care .......................... 5503

Housebound, permanently ................................................ 1114(s), 1311(d),

1502(c), 1521(e)

Housing, specially adapted, eligibility ............................. 2101

Injury from training, hospitalization treatment, or examination ....................................................................... 1151

Non-service-connected loss of paired extremity .............. 1114(t)

Persian Gulf War veterans ............................................... 1117

Service connection, 10 years or more .............................. 1159

Severance pay .................................................................... 1161

Total plus 60 percent or more .......................................... 1114(s)

20 years or more ................................................................ 110

Disappearance .......................................................................... 1158

Discharge, type of ..................................................................... 101(2), 1110, 1131

Discontinuance, effective date ................................................. 5112

Disease, line of duty ................................................................. 105, 1110, 1121,

1131, 1141

Election of benefits:

Parents, same line of parentage ...................................... 5304(b)(2)

Retired or retirement pay, waiver ................................... 5305

Women’s Army Auxiliary Corps ....................................... 106(a)(2)

Housebound, permanently ................................................ 1114(s), 1311(d),

1502(c), 1521(e)

Herbicides agent exposure ....................................................... 1116

Incompetent veterans, benefits ............................................... 5503

Increase, effective date ............................................................ 5110

Limitation on payment to incarcerated persons .................... 5313

Line of duty ............................................................................... 105, 1110, 1121,

1131, 1141

Misconduct bar ......................................................................... 105, 1110, 1113(a),

1131, 1151

Payments of, excluded, pension .............................................. 5103(a)(3)

Peacetime:

Death .................................................................................. 1141, 1142

Disability ............................................................................ 1131, 1134

Peacetime service, eligibility ................................................... 1131, 1141

Period of war ............................................................................ 101(11), 1101(2)

Persian Gulf War veterans ...................................................... 1117, 1118

Persons heretofore having compensable status ..................... 1152
Section

INDEX 1032

Compensation—Continued

Presumption. (See Presumption.)

Protected cases:

Claims pending .................................................................. 9 (P.L. 85–857)

Claims within year from discharge or death .................. 5110

Compensable status prior to this act ............................... 1152

Disability, 20 years or more ............................................. 110

Prior laws, receipt under .................................................. 10 (P.L. 85–857),

9(b) (P.L. 86–211),

10 (P.L. 88–664)

Radiation exposure ................................................................... 1112(c)

Service connection, 10 years or more .............................. 1159

Reduction:

Effective date ..................................................................... 5112

During hospitalization, etc ............................................... 5503

Renouncement of right to benefits .......................................... 5306

Retired or retirement pay, waiver of ...................................... 5305

Set off ........................................................................................ 1151

Sound condition, presumption of ............................................. 1111, 1132

Subsequent claims .................................................................... 5110(i)

Tobacco products, special rule ................................................. 1103

Tropical diseases ...................................................................... 1101(4), 1112, 1133

Unemployment. (See Unemployment compensation, Korean

conflict.)

Unpaid at death ....................................................................... 5121, 5122

Waiver of overpayments .......................................................... 5302(a)

Wartime:

Additional, specified disabilities ...................................... 1114(k)

Basic, disability ................................................................. 1110, 1114(a)–(j)

Death .................................................................................. 1122

Higher level aid and attendance ...................................... 1114(r)

Regular aid and attendance ............................................. 1114(l), (m), (r)

Special:

Blindness, total deafness, or bilateral kidney involvement ................................................................................ 1160

Housebound, permanently ................................................ 1114(s), 1311(d),

1502(c), 1521(e)

Specified disabilities ......................................................... 1114(l)–(r)

Total disability plus 60 percent or more ......................... 1114(s)

Concurrent payments ...................................................................... 1316, 5304, 5305

Condominiums. (See Loans.)

Confederate service ......................................................................... 532, 533

Confined under sentence ................................................................. 105, 1968

Congressional Medal of Honor. (See Medal of Honor.)

Conscientious objector ..................................................................... 1911, 1973, 5303

Conservators .................................................................................... 5502

Consultants, vocational rehabilitation ........................................... 522

Contract hospitals ........................................................................... 109(a)(2),

1701(4)(C), 1724(c),

1732

Contract nursing home care ........................................................... 1720

Contracts, services ........................................................................... 513, 1781(b),

7802(6)

Conveyances. (See Automobiles and other conveyances.)

Copies of records, furnishing .......................................................... 5702, 5703

Correspondence courses .................................................................. 3484, 3534,

3680(b), 3686

Cost-of-living adjustments:

Compensation ........................................................................... 1104

Dependency and indemnity compensation ............................. 1303

Counseling:

Educational and vocational ..................................................... 3520(b)

Travel expenses ........................................................................ 111
Section

1033 INDEX

Courses, approval of, disapproval .................................................. 3473, 3483, 3523,

3535, 3670, 3672,

3675, 3676, 3679

Courts:

Affidavits, validity of ................................................................ 5712

Allied forces, veterans .............................................................. 109(a)

Assets of deceased inmates ...................................................... 8525, 8526

Commitment proceedings ........................................................ 5501

Fiduciaries ................................................................................ 5502(c)

Gifts, devises, and bequests .................................................... 8302

Government, nonliability for specially adapted housing ....... 2105

Insurance .................................................................................. 1975, 1984

Loans ......................................................................................... 3720(a)(1), 3730

Transcripts, purchase .............................................................. 5704

Veterans Appeals. (See United States Court of Appeals for

Veterans Claims.)

Court-martial, discharge by, bar to benefits ................................. 5303

Creative organ, loss, additional compensation .............................. 1114(k)

Cremated remains ........................................................................... 4710

Cross-reference to laws ................................................................... 5 (P.L. 85–857)

Curators ........................................................................................... 5502

Crimes .............................................................................................. 901

Deafness:

Compensation:

Of both ears, having absence of air and bone conduction, additional rate ....................................................... 1114(k)

60 percent rating, combined with total blindness .......... 1114(o), (r)

30 percent rating, combined with blindness ................... 1114(p), (r)

Total one ear, combined with blindness .......................... 1114(p), (r)

Decoders, furnishing of, telecaptioning television ................. 1717(b)

Disability:

Permanent and total, insurance ...................................... 1958

Total, insurance ................................................................. 1914

Death:

Burial allowance ....................................................................... 2302

Discharge, travel time .............................................................. 106(c)

Flag ............................................................................................ 2301

From training, hospitalization, treatment, or examination .. 1151

Gratuity, certification of .......................................................... 1323

In VA facility:

Burial ................................................................................. 2303

Property disposition .......................................................... 8501, 8520

Insurance against. (See Insurance.)

Lawful punishment .................................................................. 1911, 1954

Non-service-connected:

Benefits at DIC rates ........................................................ 1310

Pension ............................................................................... 1532–1543

Pay grade, determination of ............................................. 1302

Presumption ...................................................................... 108

Remarriage bar removed by ............................................. 103(d)(2)

Report or finding, effective date of award ....................... 5110(j)

Service-connected:

Compensation .................................................................... 1121, 1141

Dependency and indemnity compensation ...................... 1310

Service connection, 10 years or more .............................. 1159

Training, travel time ........................................................ 106(d)

Women’s Army Auxiliary Corps ....................................... 106(a)

Women’s Army Corps ........................................................ 106(a)

Debts, veteran’s, excluded as income, death pension ................... 1503(a)(3)

Decisions, finality of:

Secretary, VA ............................................................................ 108(c), 511(a),

1985, 3720(c), 8510

Decisions, notice of:

Secretary, VA ............................................................................ 5104
Section

INDEX 1034

Decisions, notice of—Continued

Affecting provisions of benefits to claimant ........................... 5104

Definitions:

Accrued benefits ....................................................................... 5121(a)

Active duty ................................................................................ 101(21), 1965(1),

3452(a)(3)

Active duty for training ........................................................... 101(22), 1965(2)

Active military, naval, or air service ...................................... 101(24)

Adaptive equipment ................................................................. 3901(2)

Administrative reorganization ................................................ 510(c)

Armed Forces ............................................................................ 101(10)

Bed section, medical center ..................................................... 8110(f)(2)

Case management services ...................................................... 1720(b)(2)

Change of program of education ............................................. 3691

Child .......................................................................................... 101(4), 1901(3),

1965(8), 3501(a)(2),

7297(a)

Chronic diseases ....................................................................... 1101(3)

Claim, insurance ...................................................................... 1984(h)

Claimant ................................................................................... 5100

Closure, beds in medical centers ............................................. 8110(f)(1)

Commonwealth Army veterans ............................................... 1735, 3566(a)

Community residential-care facility ....................................... 1720(f)

Compensation ........................................................................... 101(13)

Construction ............................................................................. 8131(c)

Cooperative program ................................................................ 3482(a)(2)

Cost of Construction ................................................................. 8131(d)

Court ......................................................................................... 7296(a), 7297(a)

Covered field office or facility .................................................. 510(f)(1)

Department facilities, medical ................................................ 1701(4), 8101(3),

8509

Department or agency .............................................................. 4211(5)

Dependency and indemnity compensation ............................. 101(14)

Dependent ................................................................................. 3452(d)

Disability, medical care ........................................................... 1701(1)

Disabled veteran, special ......................................................... 3741(1), 4211(1)

Disagreement ............................................................................ 1984(h)

Discharge or release ................................................................. 101(18)

Domiciliary care ....................................................................... 1701(7)

Duty with the Armed Forces ................................................... 3501(a)(3)

Educational institution ............................................................ 3452(c), 3501(a)(6)

Eligible person .......................................................................... 3501(a)(1), 3565(a),

4101(5), 7721(b)

Eligible veteran ........................................................................ 3452(a)(1), 4211(4)

Father ........................................................................................ 1901(4)

Former prisoner of war ............................................................ 101(32)

Full-time training ..................................................................... 3688(a)

Guardian ................................................................................... 3501(a)(4)

Health-plan contract ................................................................ 1729(i)(1)(A)

Herbicides agent ....................................................................... 1116(a)(4)

Hospital ..................................................................................... 8152(3)

Hospital care ............................................................................. 1701(5)

Housebound, permanently ....................................................... 1114(s), 1502(c)

Housing credit shortage area .................................................. 3711(b)

Husband .................................................................................... 102(b)

Inactive duty training .............................................................. 101(23), 1965(3)

Indian wars ............................................................................... 1501(1)

Institution of higher learning .................................................. 3452(f), 3501(a)(10)

Insurance .................................................................................. 1901(1), 1940

Judges ....................................................................................... 7296(a), 7297(a)

Justification, respect to closure of beds .................................. 8110(f)(3)

Korean conflict .......................................................................... 101(9)

Matching program .................................................................... 3684A(c)
Section

1035 INDEX

Definitions—Continued

Medical services ........................................................................ 1701(6)

Member ..................................................................................... 1965(5)

Mexican border service ............................................................ 101(30), 2301(c)

Mother ....................................................................................... 1901(4)

New Philippine Scouts ............................................................. 1735, 3566(b)

Non-service-connected .............................................................. 101(17)

Nursing home care ................................................................... 101(28)

Other governmental programs ................................................ 7721(b)

Parent ........................................................................................ 101(5), 1901(4),

1965(9)

Participant ................................................................................ 3202(3)

Payment .................................................................................... 1729(i)(1)(B)(2)

Pension ...................................................................................... 101(15)

Period of war ............................................................................ 101(11), 1101(2),

1501(4), 1701(3)

Permanent and total disability ............................................... 1502

Permanently housebound. (See Housebound.)

Philippine Scouts, New ............................................................ 1735

Preventive health-care ............................................................. 1762

Prisoner of war ......................................................................... 101(32)

Program of apprenticeship ...................................................... 3687(c)

Program of education ............................................................... 3452(b), 3501(a)(5)

Program of other on-job training ............................................ 3687(c)

Quality-assurance program ..................................................... 7311(a)

Radiation-exposed veteran ...................................................... 1112(c)(4)(A)

Radiation-risk activity ............................................................. 1112(c)(4)(B)

Rehabilitative services ............................................................. 1701(8)

Research center ........................................................................ 8152(1)

Reserve component ................................................................... 101(27)

Reserve ...................................................................................... 101(26)

Retirement fund ....................................................................... 7297(a)

Secretary ................................................................................... 101(1)

Secretary concerned ................................................................. 101(25)

Service-connected ..................................................................... 101(16)

Spanish-American War ............................................................ 101(6)

Special disabled veteran .......................................................... 4211(1)

Special restorative training ..................................................... 3501(a)(7)

Specialized medical resources ................................................. 8152(2)

Standard college degree ........................................................... 3452(g),

3510(a)(11)

State .......................................................................................... 101(20)

State home ................................................................................ 101(19)

Surviving spouse ...................................................................... 101(3), 1304,

7297(a)

Third party ............................................................................... 1729(i)(1)(B)(3)

Total disability permanent in nature ..................................... 3501(a)(8)

Training establishment ............................................................ 3452(e), 3501(a)(9)

Tropical diseases ...................................................................... 1101(4)

Uniformed services ................................................................... 1965

Veteran ...................................................................................... 101(2), 1101(1),

1301, 1541(h),

3701(b)(2), (3)

Veteran of any war ................................................................... 101(12), 1701(2)

Veteran of the Vietnam era ..................................................... 3741(2), 4211(2)

Vietnam era .............................................................................. 101(29)

Vocational rehabilitation program .......................................... 3101(9)

World War I .............................................................................. 101(7), 1101(2)(A),

1501(2)

World War II ............................................................................ 101(8), 1101(2)(B),

3701(b)(1)

Dental appliances, furnishing ........................................................ 1712(c), (d)

Dental treatment. (Included in hospital, domiciliary, nursing

home care, medical care.)
Section

INDEX 1036

Department of Veterans Affairs:

Appointments ............................................................................ 303–312

Employees. (See Employees, VA.)

Executive department of the U.S. ........................................... 301(a)

Facilities, definition ................................................................. 1701(4), 8101(f),

8509

Garages and parking facilities ................................................ 8109

Naming of Department facilities ............................................. 531

National Cemetery Administration ........................................ 2400

Offices ........................................................................................ 314, 315, 319

Seal ............................................................................................ 302, 521(c), 5712

Space, office facilities, furnished organizations ..................... 5902(a)(2)

Veterans Benefits Administration .......................................... 7701

Veterans Health Administration ............................................. 7301

Dependency and indemnity compensation:

Accrued benefits ....................................................................... 5121, 5122

Aid and attendance .................................................................. 1311(c), 1315(g)

Application form ....................................................................... 5101

Apportionment .......................................................................... 5307

Approval of schools ................................................................... 104

Awards, effective date .............................................................. 5110

Benefits, in lieu of social security ........................................... 1312

Certification:

Costs ................................................................................... 1322(b)

Death gratuity ................................................................... 1323

Regulations ........................................................................ 1322(c)

Social security ................................................................... 1322(a)

Child:

Parents, same parental line ............................................. 5304(b)(2)

Rates:

Age 18, helpless ......................................................... 1314(a)

No surviving spouse ................................................... 1313

Servicemen’s indemnity, restriction on payment of ....... 1316(e)

Claims considered for other benefits ...................................... 5101(b)

Concurrent payments ............................................................... 1316(e), 5304

Cost-of-living adjustments ....................................................... 1303

Costs, certification, social security .......................................... 1322(b)

Deaths:

After December 31, 1956 .................................................. 1310, 1317

Before January 1, 1957 ..................................................... 1316

From training, hospitalization, treatment, or examination .................................................................................. 1151

Service connection, 10 years or more .............................. 1159, 1318

Death gratuity, certification of ................................................ 1323

Definitions:

Dependency and indemnity compensation ...................... 101(14)

Veteran .............................................................................. 1301

Dependents entitled ................................................................. 1310, 1315, 1316

Discontinuances, effective dates .............................................. 5112

Election of benefits:

Death before January 1, 1957 .......................................... 1316

Death after April 30, 1957 ............................................... 8 (P.L. 92–197)

Parents, same line of parentage ...................................... 5304(b)(2)

Eligibility established:

Benefits, other barred ....................................................... 1317

Compensation, death, barred ........................................... 1317

Pension, death, barred ...................................................... 1317

Household rate, surviving spouses ......................................... 1311(d)

Income of parents:

Exclusions .......................................................................... 1315(g)

Limitations ........................................................................ 1315

Reports ............................................................................... 1315(e)

Increases, effective dates ......................................................... 5110

Insurance premiums waived ................................................... 8 (P.L. 92–197)
Section

1037 INDEX

Dependency and indemnity compensation—Continued

Limitation on payment to incarcerated persons .................... 5313

Marriage date ........................................................................... 1304

Parents:

Eligibility ........................................................................... 1315(a), 1316

Income of:

Exclusions ................................................................... 1315(g)

Limitations ................................................................. 1315

Reports ........................................................................ 1315(e)

Rates .................................................................................. 1315

Pay grade:

Certifications with respect to ........................................... 1321

Determination of ............................................................... 1302

Payments of, excluded, pension .............................................. 1503(a)(3)

Persons entitled ........................................................................ 1310

Rates:

Aid and attendance ........................................................... 1311(c)

Benefits in lieu of social security ..................................... 1312

Child, age 18, helpless ...................................................... 1314(a), (b)

Child, no surviving spouse ............................................... 1313

Parent ................................................................................ 1312, 1315

Surviving spouse, alone .................................................... 1311, 1312

Surviving spouse and children:

Child age 18 to 21 in school ...................................... 1314(c)

Child under age 18 .................................................... 1311

Helpless child age 18 or over .................................... 1314(b)

Surviving spouse, housebound ......................................... 1311(d)

Reductions, effective dates ...................................................... 5112

Regulations, Secretary’s power to make ................................. 1322(c)

Renouncement of right to benefits .......................................... 5306

Service connection:

Protection after 10 years or more .................................... 1159

Requirements .................................................................... 1310

Servicemen’s indemnity, restriction on payment of .............. 1316(e)

Set off ........................................................................................ 1151

Social security:

Benefits in lieu of .............................................................. 1312

Certification of ................................................................... 1322(a)

Cost of certification ........................................................... 1322(b)

Regulations by Secretary .................................................. 1322(c)

Surviving spouse:

Eligibility ........................................................................... 1304

Marriage date .................................................................... 1304

Rates:

Aid and attendance .................................................... 1311(c)

Alone, no children ...................................................... 1311, 1312

Child age 18 to 21 in school ...................................... 1314(c)

Child under age 18 .................................................... 1311

For month of veteran’s death .................................... 5310

Helpless child age 18 or over .................................... 1314(b)

Housebound ................................................................ 1311(d)

Veteran, defined ....................................................................... 1301

Waiver of overpayments .......................................................... 5302(a)

Dependents:

Additional compensation for .................................................... 1115

Defined ...................................................................................... 3452(d)

Eligibility for medical care ...................................................... 1781

Parents ...................................................................................... 102

Spouse ....................................................................................... 3452(d)

Wife, defined ............................................................................. 102(b)

Deputy Secretary, VA ..................................................................... 304

Desertion .......................................................................................... 105, 1911, 1973

Devices, therapeutic or rehabilitative, decoders ........................... 1717

Diabetes mellitus ............................................................................. 1101(3)
Section

INDEX 1038

Dietary deficiencies ......................................................................... 1112(b)

Disability:

Blindness, total deafness, or bilateral kidney involvement .. 1160

Chronic diseases ....................................................................... 1101(3), 1112

Defined ...................................................................................... 1701(1)

Depressive neurosis .................................................................. 1112(b)

Discharge, travel time .............................................................. 106(c)

Exceeding compensation rate requirements .......................... 1114(p), (r)

From training, hospitalization, treatment, or examination .. 1151

Permanent and total:

Definition, pension ............................................................ 1502

Education, children of ....................................................... 3500–3501

Housing, specially adapted ............................................... 2101, 2102(a)(3),

3711(i)

Non-service-connected ....................................................... 1521

Therapeutic and rehabilitation activities, participation 1718

U.S. Government life insurance ....................................... 1958

Vocational rehabilitation, trial work periods .................. 1163

Permanently housebound. (See Housebound.)

Prior to acceptance for Federal service .................................. 106(b), 1302(c)

Rating schedule ........................................................................ 1155

Service connection, 10 years of more ...................................... 1159

Sound condition, presumption of ............................................. 1111, 1132

Specially compensated ............................................................. 1114(k)–(r)

Total:

Compensation rate ............................................................ 1114(j)

Insurance. (See Insurance.)

Vocational rehabilitation, trial work periods .................. 1163

Training, travel time ................................................................ 106(d)

Tropical diseases ...................................................................... 1101(4), 1112, 1133

Twenty years or more .............................................................. 110

Veterans’ Dioxin and Radiation Exposure Compensation

Standards Act ....................................................................... 1154(a)

Waiver of, insurance ................................................................ 1904, 1922,

1957(d), 1959(a),

1981(a)

Women’s Army Auxiliary Corps .............................................. 106(a)

Women’s Army Corps ............................................................... 106(a)

Disabled American Veterans, representatives of .......................... 5902

Disagreement, insurance claim defined ......................................... 1984(h)

Disappearance:

Compensation payments .......................................................... 1158

Death presumed ....................................................................... 108

Pension payments .................................................................... 1507

Disbursing officers: Nonliability of ................................................ 5302(d)

Discharge:

Bars to benefits ........................................................................ 5303

Definition .................................................................................. 101(18)

Surgeon’s certificate of disability ............................................ 1532(c)

Travel time after ...................................................................... 106(c)

Type required ........................................................................... 101(2), 1110, 1131,

1310(c), 1922

Disciplinary actions ......................................................................... 7463

Disclosure, information ................................................................... 5701, 5702, 5705,

7332

Divorce, remarriage bar removed by death ................................... 103(d)(2)

Domiciliary care (included in hospital, domiciliary, nursing

home care, and medical care).

Donations, welfare, excluded as income, pension ......................... 1503(a)(1)

Dracontiasis ..................................................................................... 1101(4)

Draft, disability prior to rejection .................................................. 106(b)

Duty with the Armed Forces, definition ........................................ 3501(a)(3)

Dysentery ......................................................................................... 1101(4), 1112(b)
Section

1039 INDEX

Education:

Agreement to report school attendance termination ............. 104(b)

Approval of schools ................................................................... 104(a)

Post-Vietnam era program ...................................................... 3201

Enrollment of VEAP participants .................................... 3018C

Licensing and certification ............................................... 3232(c)(1)

Predischarge program .............................................................. 3231(b)

Protected cases ......................................................................... 12 (P.L. 85–857)

Spouse ....................................................................................... 3500–3501

Surviving spouse ...................................................................... 3500–3501

Survivors’ and dependents’ assistance ................................... 3500–3501

Veterans .................................................................................... 3451

Vocational rehabilitation program, defined ........................... 3101(9)

Education and training:

Allowances ................................................................................ 3481, 3482, 3492,

3531, 3532, 3542,

3680

Accrued benefits ....................................................................... 5121, 5122

Apportionment .......................................................................... 5307

Approval requirements:

Licensing and certification ............................................... 3689

Limitations on assistance ........................................................ 3681

Education, All-Volunteer Force Educational Assistance Program:

Administration, general, costs ................................................. 3034, 3035

Assistance allowances:

Amount .............................................................................. 3015, 3022, 3023

Supplemental ..................................................................... 3021

Uses of ................................................................................ 3014, 3031

Bar to duplication ..................................................................... 3033

Basic entitlement ..................................................................... 3011, 3031

Cooperative program ................................................................ 3032(d)

Correspondence program ......................................................... 3032(c)

Death benefit ............................................................................ 3017

Definitions:

Active duty ......................................................................... 3002(6)

Basic educational assistance ............................................ 3002(1)

Supplemental educational assistance .............................. 3002(2)

Duration .................................................................................... 3013

Election ..................................................................................... 3011(c)(1)

Election, irrevocable ................................................................. 3018C(e)(1)

Election, withdrawal of ............................................................ 3018

Inservice enrollment ................................................................ 3016

Involuntarily separated, enroll before .................................... 3018A

Noneligible ................................................................................ 3011(c)(2)

Repayment ................................................................................ 3018C(e)(3)(B)

Purposes .................................................................................... 3001

Reduction of basic pay ............................................................. 3011(b)

Refresher courses ..................................................................... 3034(a)(3)

Reporting requirement ............................................................. 3036

Restrictions ............................................................................... 3032

Selected reserve, entitlement .................................................. 3012

Supplemental assistance ......................................................... 3021–3023

Tutorial assistance ................................................................... 3019, 3035(c)

Education, survivors’ and dependents’ assistance:

Advisory Committee ................................................................. 3692

Age limits:

Extension of suspended program ..................................... 3512(c)

Generally ........................................................................... 3512

Allowances ................................................................................ 3532, 3542, 3686,

3687

Applications:

Approval of ........................................................................ 3513, 3521

Processing of ...................................................................... 3514
Section

INDEX 1040

Education, survivors’ and dependents’ assistance—Continued

Applications—Continued

Submission of .................................................................... 3513

Apprentice training .................................................................. 3534, 3687

Apprentice training rate increase ........................................... 3687(d)(1)

Approval of courses, disapproval:

Foreign institutions .......................................................... 3523(e)

Generally ........................................................................... 3523, 3535, 3536,

3565(b)(2), 3672,

3675, 3676, 3678,

3679

Avocational training, prohibited ............................................. 3523(a)(2)

Bartending courses, prohibited ............................................... 3523(a)(1)

Benefits, nonduplication of ...................................................... 3562

Certification: Required for receipt of educational assistance

allowance ............................................................................... 3680

Child, defined ........................................................................... 3501(a)(2)

Conflicting interests ................................................................. 3683

Control by agencies of United States ..................................... 3682

Correspondence courses ........................................................... 3523(c), 3534, 3686

Counseling, educational and vocational ................................. 3520

Courses:

Approval of, disapproval ................................................... 3523, 3535, 3536,

3565(b)(2), 3672,

3675, 3676, 3678,

3679

Failure to meet standards ................................................ 3679, 3690(b)

Foreign enrollment ............................................................ 3523(e)

Measurement of ................................................................. 3688

Sales management ............................................................ 3523(a)(2)

Specialized vocational training ........................................ 3536

Definitions:

Change of program ............................................................ 3691(d)

Child ................................................................................... 3501(a)(2)

Commonwealth Army veteran ......................................... 3566(a)

Duty with the Armed Forces ............................................ 3501(a)(3)

Educational institution ..................................................... 3501(a)(6)

Eligible person ................................................................... 3501(a)(1), 3565(a)

Guardian ............................................................................ 3501(a)(4)

Institution of higher learning .......................................... 3501(a)(10)

Program of education ........................................................ 3501(a)(5)

Special restorative training .............................................. 3501(a)(7)

Standard college degree .................................................... 3501(a)(11)

Total disability permanent in nature .............................. 3501(a)(8)

Training establishment .................................................... 3501(a)(9)

Duty with the Armed Forces:

Defined ............................................................................... 3501(a)(3)

Effect of .............................................................................. 3512(a)(4)

Educational assistance:

Amount, annual adjustment ............................................ 3564

Application:

Approval ..................................................................... 3513, 3521

Processing ................................................................... 3514

Submission of ............................................................. 3513

Duration of ......................................................................... 3511(a)

Duty with the Armed Force, effect of .............................. 3501(d)

Eligibility and entitlement generally .............................. 3510

Licensing and certification ............................................... 3532(f)(1)

Length of entitlement ................................................ 3532(f)(2)

Limitations on ................................................................... 3501(d), 3512(b),

(e), 3562, 3681,

3695

Periods of eligibility .......................................................... 3512(a)
Section

1041 INDEX

Education, survivors’ and dependents’ assistance—Continued

Educational assistance allowances:

Certification required ....................................................... 3680(a)

Children of certain Philippine veterans .......................... 3565(b)(1)

Computation of .................................................................. 3532

Discontinuance of .............................................................. 3524, 3690(b)

Excluded as income, pension ............................................ 1503(9)

Period for which payment authorized, limitations ......... 3680(a), 3695

Purpose of .......................................................................... 3531(a)

Educational and vocational counseling .................................. 3520

Educational institutions:

Approval of course, disapproval ....................................... 3523, 3535, 3536,

3565(b)(2), 3672,

3675, 3676, 3678,

3679

Availability of records for examination ........................... 3690(c)

Certification to be made by .............................................. 3680(a)

Defined ............................................................................... 3501(a)(6)

Disapproval of ................................................................... 3679(b), 3690(a)

Foreign enrollment ............................................................ 3523(e)

Liability for overpayments ............................................... 3685

Overcharges by .................................................................. 3690(a)

Pecuniary relationship with the Department employees 3683

Reports by .......................................................................... 3684

Educational plan ...................................................................... 3520(a)

Election of benefits:

Parents, same line of parentage ...................................... 5304(b)(2)

Eligibility:

Generally ........................................................................... 3510

Notification of .................................................................... 3563

Periods of ........................................................................... 3512

Termination of ................................................................... 3511(b), 3512(e)

Eligible person:

Defined ............................................................................... 3501(a)(1), 3565(a)

Designation in lieu of parent or guardian ....................... 3501(c)

Status after attainment of majority ................................ 3501(b)

Employee, VA, conflict-of-interest waiver .............................. 3683(a)

Enrollment, denial of ............................................................... 3523

Entitlement:

Duration of ......................................................................... 3511(a), 3512(e)

Periods of ........................................................................... 3512

Examination of records ............................................................ 3690(c)

False or misleading statements .............................................. 3690(d)

Flight training, condition for enrollment in ........................... 3523(b)

Foreign training, limitations ................................................... 3523(e)

Guardian:

Application by .................................................................... 3513

Defined ............................................................................... 3501(a)(4)

Designation of some other person for .............................. 3501(c)

Development of educational plan by ................................ 3520(a)

Payment of allowances on behalf of eligible person ....... 3531(a), 3542(a)

Request for special restorative training .......................... 3541(a)

Handicapped persons ............................................................... 3512(a)(2), 3536

Limitations on educational assistance .................................... 3681

Nonduplication of benefits ................................................ 3562

On-job training .................................................................. 3534, 3687

Overcharges by educational institutions ................................ 3690(a)

Overpayments, liability of educational institutions .............. 3685

Parent:

Application, by ................................................................... 3513

Development of educational plan by ................................ 3520(a)

Designation of some other person for .............................. 3501(c)

Payment of allowances on behalf of eligible person ....... 3531(a), 3542(a)

Request for special restorative training .......................... 3541(a)
Section

INDEX 1042

Education, survivors’ and dependents’ assistance—Continued

Parent—Continued

Total disability permanent in nature, or death when

child 18 to 26 extension of entitlement ....................... 3512(a)(3)

Payments:

Educational assistance allowance .................................... 3531

Special training allowance ............................................... 3542

Pension, exclusion of certain expenses ............................ 1503(a)(9), (10)

Personality development courses, prohibited ......................... 3523(a)(1)

Philippines ................................................................................ 3523(e), 3532(d),

3561(b), 3565,

3566, 3680(a)(2)

Policy, statement of .................................................................. 3500

Prisoners of war, dependents of .............................................. 3501(a)(1)

Program of education:

Change of ........................................................................... 3691

Defined ............................................................................... 3501(a)(5)

Development of .................................................................. 3520(a)

Handicapped persons ........................................................ 3512(a)(2), 3536

Selection of ......................................................................... 3520(a)

Special vocational training courses ................................. 3536

Radio course, prohibited .......................................................... 3523(c)

Records, examination of ........................................................... 3690(c)

Reports:

Educational institutions ................................................... 3684

False or misleading statements ....................................... 3690(d)

Secondary school courses, conditions for enrollment in ........ 3523(d)

Secretary:

Approval:

Application .................................................................. 3513, 3521

Courses, approval, disapproval ................................. 3523, 3535, 3536,

3565(b)(2), 3672,

3675, 3676, 3678,

3679

Foreign enrollment .................................................... 3523(e)

Program, changes of .................................................. 3691

Authority, general ............................................................. 3561

Authority with respect to special restorative training ... 3514, 3541, 3543

Counseling, educational and vocational .......................... 3520

Defrayal of eligible person’s traveling expenses by ........ 111

Discontinuance of allowances by ...................................... 3524, 3690(b)

False and misleading statements, reports ...................... 3690(d)

Overpayments ................................................................... 3685

Use of other agencies by ................................................... 3694

Waiver of conflicting interests provision by .................... 3683(d)

Waiver of recovery of overpayments ................................ 5302

Service connection, criteria applicable to ............................... 3500, 3501(a)(1)

Special restorative training:

Allowances for ................................................................... 3542

ontent of ............................................................................. 3541(a)

Defined ............................................................................... 3501(a)(7)

Duration of ......................................................................... 3541(b)

Entitlement to ................................................................... 3541

Processing applications ..................................................... 3514

Purpose of .......................................................................... 3540

Regulations ........................................................................ 3543(b)

Special administrative provision applicable to ............... 3543

Special training allowance ....................................................... 3542

Specialized vocational training ............................................... 3536

Spouse, eligibility of ................................................................. 3501(a)(1)(C), (D)

Surviving spouse, eligibility of ................................................ 3501(a)(1)(B), (D)

Suspended program, age extension ......................................... 3512(c)

Television course, prohibited ................................................... 3523(c)
Section

1043 INDEX

Education, survivors’ and dependents’ assistance—Continued

Tuition and fees:

Overcharges ....................................................................... 3690(a)

Permissible charges for ..................................................... 3543(a)

Two or more programs, eligibility under ................................ 3695

Unsatisfactory progress, discontinuance for .......................... 3524

Use of agencies other than VA ................................................ 3694

Vocational training, handicapped persons ............................. 3512(a)(2), 3536

Waiver, conflict of interest, VA employee .............................. 3683(d)

Education, veterans:

Accredited courses. (See Courses.)

Active duty:

Benefits while on ............................................................... 3201, 3231

Definition of ....................................................................... 101(21)

Exclusions .......................................................................... 3452(a)(3)

Waiver, while on ............................................................... 3452(a)(2)

Advisory committee .................................................................. 3692

Applications, approval ............................................................. 3471

Apprentice training:

Absence counting ............................................................... 3687(b)(3)

Benefits .............................................................................. 3687

Full-time ............................................................................ 3687(a)

Savings clause ................................................................... 3462(c)

Training assistance allowance, defined ........................... 3687(c)

Training established, defined ........................................... 3452(e)

Avocation and recreational training ....................................... 3473(a)(3)

Bartending course .................................................................... 3473(a)(1)

Certifications, receipt of allowances ....................................... 3680(b), (c)

Change of program ................................................................... 3691

Claims, false or misleading ..................................................... 3690(d)

Committee Member, Department of Education, Advisory

Committee ............................................................................. 3692

Compliance surveys .................................................................. 3693

Conflicting interests:

Penalties ............................................................................ 3683(b)

Waiver of ............................................................................ 3683(d)

Control by agencies of United States ..................................... 3682

Cooperative program, defined ................................................. 3482(a)(2)

Correspondence schools:

Allowances ......................................................................... 3686

Charges against entitlement for training in ................... 3686(a)(2)

Established charge, defined ............................................. 3686(a)(1)

Counseling ................................................................................ 3463

Counseling, contract ................................................................. 3697

Courses:

Accredited .......................................................................... 3675

Apprentice .......................................................................... 3484, 3687

Approval of, disapproval ................................................... 3473, 3483, 3523,

3535, 3536,

3565(b)(a), 3672,

3675, 3676, 3678,

3679

Avocational and recreational, limitation ......................... 3473(a)(3)

Correspondence ................................................................. 3484, 3686

Deficiency, refresher or remedial ..................................... 3491

Flight training ................................................................... 3473(b)

Full-time ............................................................................ 3482(a)(1),

3482(c)(1)(A), 3687

Half-time ............................................................................ 3482(a)(1),

3482(c)(1)(C)

High school ........................................................................ 3688(a)(3)

Measurement of ................................................................. 3688

Nonaccredited .................................................................... 3676

Nonveteran enrollment required ..................................... 3473(d)
Section

INDEX 1044

Education, veterans—Continued

Courses—Continued

Notice of approval ............................................................. 3678

Radio, television ................................................................ 3473(c)

Sales management ............................................................ 3473(a)(2)

Small Business Administration ....................................... 3452(b)

Special training for the educationally disadvantaged .... 3491

Three-quarter time ............................................................ 3482(a)(1),

3482(c)(1)(B)

Definitions:

Active duty:

Exclusions ................................................................... 3202(1)(c),

3452(a)(3)

General ....................................................................... 101(21), 3002(6)

Cooperative program ......................................................... 3482(a)(2)

Dependents:

Child ............................................................................ 3452(d)(1)

Parent ......................................................................... 3452(d)(2)

Spouse ......................................................................... 3452(d)(3)

Educational institution ..................................................... 3452(c)

Eligible veteran ................................................................. 3202(1), 3452(a)(1)

Full-time training ............................................................. 3688(b)

Institution of higher learning .......................................... 3452(f)

Participant ......................................................................... 3202(3)

Part-time training ............................................................. 3688(b)

Program of apprenticeship ............................................... 3687(c)

Program of education ........................................................ 3202(2), 3452(b)

Program of other on-job training ..................................... 3687(c)

Standard college degree .................................................... 3452(g)

Training establishment .................................................... 3452(e)

Dependent, defined .................................................................. 3452(d)

Educational allowances:

Active duty ......................................................................... 3482(b)

Advance payment .............................................................. 3680(d)

Amounts payable ............................................................... 3482

Amounts payable, licensing and certification ................. 3482(h)(1)

Apprenticeship, other on-job training .............................. 3687(b)(1)

Certifications required ...................................................... 3680(b), (c)

Correspondence course ..................................................... 3686(a)

Farm cooperative:

Full-time ..................................................................... 3482(c)(1)(A)

Half-time ..................................................................... 3462(c)(1)(C)

Three-quarter time .................................................... 3482(c)(1)(B)

Institutional training:

Full-time ..................................................................... 3482(a)(1)

Half-time ..................................................................... 3482(a)(1)

Less than half-time .................................................... 3482(b)(2)

Three-quarter-time .................................................... 3482(a)(1)

Special aid for educationally handicapped ...................... 3491(b)

Tutorial assistance ............................................................ 3492(b)

Discontinuance of .............................................................. 3474, 3690(b)

Limitations on ................................................................... 3681

Period for which payment authorized ............................. 3680(a)

Post-Vietnam era veterans, entitlement ......................... 3231

Purpose .............................................................................. 3481(a)

Reinstatement of ............................................................... 3474

Special aid for the educationally disadvantaged ............ 3490, 3491

Special supplementary assistance ................................... 3492

Time of payment, withheld and adjusted ........................ 3680(g)

Tutorial assistance, supplementary ................................. 3492(b)

Educational and vocational counseling .................................. 3233, 3697A

Educational assistance:

Correction of discharge ..................................................... 3462(b)

Counseling ......................................................................... 3463
Section

1045 INDEX

Education, veterans—Continued

Educational assistance—Continued

Elementary and secondary ............................................... 3491

Entitlement to ................................................................... 3231, 3461(a)

Erroneous payments ......................................................... 3680(e)

Less than half-time training ............................................ 3680(f)

Licensing and certification, length of entitlement .......... 3482(h)(2)

Maximum ........................................................................... 3461(c), 3492(b)

3695

Savings clause ................................................................... 3462(c)

Service excluded in computing ......................................... 3202(1)(c),

3452(a)(3)

Special supplementary ...................................................... 3492

Term of service .................................................................. 3461(a)

Termination of ................................................................... 3461(b), 3684A

Two or more programs ...................................................... 3695

Work-study ........................................................................ 3485(a), 3537

Educational institutions:

Approval, disapproval of courses ..................................... 3523, 3535, 3536,

3565(b)(2), 3672,

3675, 3676, 3678,

3679

Certification to be made by .............................................. 3680(b), (c)

Defined ............................................................................... 3452(c)

Disapproval of courses in ................................................. 3679, 3690(b)

Foreign ............................................................................... 3476

Overcharges by .................................................................. 3690(a)

Overpayments to veterans, liability for ........................... 3685

Pecuniary relationship with Federal and State employees, penalties for ............................................................ 3683(b)

Records, availability for examination .............................. 3690(c)

Reporting fees .................................................................... 3684(b)

Reports to be made by ...................................................... 3684(a)

Eligible veterans, definitions of ............................................... 3202(1), 3452(a)(1)

Employees, conflict of interest ................................................ 3683

Enrollment, denial of:

Deceptive practices ........................................................... 3696(a)

Foreign training ................................................................ 3476

Minimum nonveteran requirement ................................. 3473(d)

Entitlement:

Ceiling on aggregate use of .............................................. 3461(c)

Charge against:

Correspondence training ........................................... 3231(c), 3686(a)(2)

Flight training ............................................................ 3473(b)

Educationally disadvantaged ........................................... 3493

Generally ........................................................................... 3231, 3461(a)

Limitations ........................................................................ 3461(c)

Maximum ........................................................................... 3461(c), 3695

Service excluded in computing ......................................... 3452(a)(3)

Two or more programs ...................................................... 3695

False or misleading statements .............................................. 3690(d)

Farm cooperative program:

Assistance allowance ........................................................ 3482(c)(2)

Enrollment in .................................................................... 3473(d), 3482(c)(1)

Savings clause ................................................................... 3462(c)

Flight training:

Restrictions ........................................................................ 3473(b)

Foreign educational institutions, training in ......................... 3476

Full-time courses, criteria for .................................................. 3688

Loans ......................................................................................... 3231, 3698, 3699

Nonaccredited courses:

Absence counting ............................................................... 3676

Approval of ........................................................................ 3676

Required nonveteran enrollment in ................................. 3473(d)
Section

INDEX 1046

Education, veterans—Continued

On-job training:

Absence counting ............................................................... 3687(b)(3)

Approval of courses, disapproval ..................................... 3677, 3679

Benefits .............................................................................. 3687(b)

Bureau of Apprenticeship and Training .......................... 3452(e)

Interstate training ............................................................ 3672(c)

Savings clause ................................................................... 3462(c)

State approval ................................................................... 3677

Training assistance allowance ......................................... 3687(b)(1)

Training establishment, defined ...................................... 3452(e)

Overcharges by educational institutions ................................ 3690(a)

Overpayments to veterans, liability ........................................ 3685

Part-time training, defined ...................................................... 3688(b)

Payments:

Accelerated payment of educational assistance allow- ances:

State and local agencies:

Contracts and agreements for ................................... 3674(a), (c)

Formula for ................................................................. 3674(b)

Veterans (see also Educational allowances) .................... 3482

Pension, exclusion of certain expenses ................................... 1503(a)(9), (10)

Personality development course .............................................. 3473(a)(1)

Policy, statement of .................................................................. 3201, 3451

Post-Vietnam era veterans program:

Active duty benefits .......................................................... 3231

All-Volunteer Force Educational Assistance Program ... 3001–30036

Bar to benefits ................................................................... 3225

Contributions ..................................................................... 3222, 3223

Cooperative program ......................................................... 3451(d)

Correspondence training .................................................. 3231(c)

Death .................................................................................. 3223(d), 3224

Definitions:

Active duty, limited ................................................... 3202(1)(C)

Educational institution .............................................. 3202(2)

Eligible veteran .......................................................... 3202(1)(A)

Participant .................................................................. 3202(3)

Program of education ................................................. 3202(2)

Department of Defense, Secretary ................................... 3222, 3242, 3243

Deposits .............................................................................. 3243

Disenrollment .................................................................... 3221, 3223

Duration ............................................................................. 3232

Education account ............................................................. 3222

Educational assistance ..................................................... 3231, 3232

Eligibility ........................................................................... 3221

Entitlement ........................................................................ 3231

Incarcerated veterans ....................................................... 3231(e)

Limitations ........................................................................ 3225, 3232

Loans (see also Payments) ................................................ 3231

Matching funds ................................................................. 3222

Program of education ........................................................ 3202(2), 3231

Purpose .............................................................................. 3201

Refresher courses .............................................................. 3241(a)(2)

Refunds .............................................................................. 3223, 3225

Reporting ........................................................................... 3242, 3243

Requirements, administrative .......................................... 3241

Tutorial assistance ............................................................ 3234

Program of apprenticeship, defined ........................................ 3687(c)

Program of education:

Applications ....................................................................... 3471

Approval of applications ................................................... 3471

Changes of program .......................................................... 3691

Defined ............................................................................... 3202(2), 3452(b)

Discontinuance, unsatisfactory progress ......................... 3474
Section

1047 INDEX

Education, veterans—Continued

Program of education—Continued

Educationally disadvantaged ........................................... 3490

Limitation, foreign training ............................................. 3476

Regulations ........................................................................ 3680(g)

Selection of ......................................................................... 3470

Small Business Administration courses .......................... 3452(b)

Time limitations:

Correction of discharge .............................................. 3462(b)

Generally .................................................................... 3462(a)

Savings clause ............................................................ 3462(c)

Program of other on-job training, defined .............................. 3687(c)

Purpose ...................................................................................... 3201, 3451

Records, examination of ........................................................... 3690(c)

Reimbursement to States ........................................................ 3674

Reports of false and misleading statements .......................... 3690(d)

Representatives, veterans’ ....................................................... 7724

Sales or sales management course ......................................... 3473(a)(2)

Secretary:

Advance payment .............................................................. 3680(d)

Application, approval of .................................................... 3471

Compliance surveys .......................................................... 3693

Conflict of interest, employees, waiver of ....................... 3683(d)

Counseling ......................................................................... 3463

Courses:

Approval of, disapproval ............................................ 3473, 3483, 3523,

3535, 3536,

3665(b)(2), 3672,

3675, 3676, 3678,

3679, 3589

Education and training allowances:

Advance payment ....................................................... 3680(d)

Discontinuance of ....................................................... 3474, 3690(b)

Institutional training ................................................. 3481(b)

Limitations ................................................................. 3681

Payment of .................................................................. 3481(a), 3482(a),

3491(b), 3680(a)

Reinstatement of ........................................................ 3474

Educational institutions:

Disapproval of ............................................................ 3690(a)

Overcharges by ........................................................... 3690(a)

Flight training ................................................................... 3473(b)

Foreign training, denial discontinuance .......................... 3476

Information, employment opportunities, dissemination 3463

Measurement of part-time training ................................. 3688(b)

Program, approval of changes .......................................... 1791

Sales management ............................................................ 3473(a)(2)

Special aid for educationally disadvantaged ................... 3490, 3491, 3492

State and local agencies, reimbursement:

Contracts and agreements for ................................... 3674(a), (c)

Formula for ................................................................. 3674(b)

State approving agencies:

Authority to act as ..................................................... 3671

Duty to cooperate with .............................................. 3673

Interstate training ..................................................... 3672(c)

Travel expenses .......................................................... 111

Use of other agencies ................................................. 3694

Waiver, conflict of interest, employees ..................... 3683(d)

Special aid for educationally disadvantaged:

Education assistance allowance ....................................... 3491(b)

Effects on educational entitlement .................................. 3493

Elementary-secondary training ........................................ 3491(a)

Purpose .............................................................................. 3490

Special supplementary assistance ................................... 3492
Section

INDEX 1048

Education, veterans—Continued

Special aid for educationally disadvantaged—Continued

Tutorial assistance ............................................................ 3492

Standards for approval of courses ........................................... 3675, 3676

Tutorial assistance ............................................................ 3492

Standards for approval of courses ........................................... 3675, 3676

Tutorial assistance ............................................................ 3492

Standards for approval of courses ........................................... 3675, 3676

State approving agency:

Approval of courses, disapproval ..................................... 3670, 3672, 3675,

3676, 3678, 3679

Authority of Secretary to act as ....................................... 3671(b)

Conflicting interest of employees ..................................... 3683

Cooperation with Secretary .............................................. 3673

Designation ........................................................................ 3671

Evaluation of ..................................................................... 3674A

Notification of actions ....................................................... 3678

On-job training .................................................................. 3677

Reimbursement for expenses to ....................................... 3674

Statements, false or misleading .............................................. 3690(d), 3696

States:

Reimbursement for expenses to (see also Payments) ..... 3674

Time limitations:

Correction of discharge ..................................................... 3462(b)

Generally ........................................................................... 3232, 3462(a)

Savings clause ................................................................... 3462(c)

Two or more programs ...................................................... 3695

Training establishment, defined ............................................. 3452(e)

Tutorial assistance ................................................................... 3492

Two or more programs, benefits under .................................. 3695

Unsatisfactory progress, discontinuance ................................ 3474

Use of agencies other than VA ................................................ 3694

Waivers:

Conflicting interests .......................................................... 3683(d)

Discharge or release .......................................................... 3452(a)(2)

Educational institution, defined ..................................................... 3452(c), 3501(a)(6)

Educationally disadvantaged, special training, assistance .......... 3490–3492, 1733

Effective dates:

Awards ...................................................................................... 5110, 5113

Reduction of modified life plan insurance .............................. 2 (P.L. 95–857)

Reduction or discontinuance .................................................... 1904, 5112

Renewal ..................................................................................... 1945

Servicemembers’ group life insurance .................................... 1976

Election of benefits:

Indian War veterans ................................................................ 1511(c)

Pension ...................................................................................... 306 (P.L. 95–588)

Retired or retirement pay, waiver .......................................... 5304, 5305

Spanish-American War veterans ............................................ 1512(a)(3)

Spanish-American War surviving spouses ............................. 1536(d)

Surviving spouse of more than one veteran ........................... 5304(b)(3)

Women’s Army Auxiliary Corps .............................................. 106(a)

Eligible dependent, defined ............................................................ 7721(b)

Eligible person ................................................................................. 3565(a)

Eligible veteran, defined ................................................................. 3501(a)(1)

Embezzlement .................................................................................. 6101

Emergency officers retirement:

Application, reopened in limited cases ................................... 11(b) (P.L. 85–857)

Apportionment of benefits ....................................................... 5307

Protected cases ......................................................................... 11 (P.L. 85–857)

Employees’ compensation, Federal:

Canteen Service employees ..................................................... 7802(5)

Duplication prohibited ............................................................. 1316(b), 1317

Women’s Army Auxiliary Corps service ................................. 106(a)(2)

Employees, State, employment service for veterans .................... 4103
Section

1049 INDEX

Employees, VA:

Association meetings, expense of attendance ........................ 7424

Canteen Service:

Personnel ........................................................................... 7802(5)

Use by ................................................................................ 7803

Conflict of interest .................................................................... 3683

Consultants ............................................................................... 522(b)

Debt reduction program ........................................................... 7681–7683

Discrimination complaints ....................................................... 319

Education Assistance Scholarship program ........................... 7671–7675

Grade reduction ........................................................................ 711

Military installations ............................................................... 701

Overseas, U.S. citizens ............................................................. 707

Patients and members ............................................................. 1718

Police officers ............................................................................ 902

Recreational facilities ............................................................... 703(c)

Restrictions ............................................................................... 709

Subpoenaed to attend trials, leave ......................................... 1984(f)

Telephones, medical officers .................................................... 705

Transportation, emergencies ................................................... 703(f)

Transportation of schoolchildren ............................................. 703(b)

Travel expenses ........................................................................ 1984(d)

Veterans Health Administration ............................................. 7306, 7408,

7424–7426

Veterans’ representatives ........................................................ 7724

Wearing apparel, furnish and launder ................................... 703(a)

Witness fees .............................................................................. 1984(e)

Employees, State directors, for veterans’ employment ................. 4103

Employment and reemployment rights (See Veterans’ Employment and Reemployment Rights)

Employment counseling, training, and placement service for vet- erans: Administration, funds for ........................................................ 4106

Assistant Secretary of Labor for Veterans’ Employment ...... 4102A

Cooperation, Federal agencies ................................................. 4105

Coordination and nonduplication ............................................ 4110B

Eligible persons, defined .......................................................... 4101(5)

Eligible veterans, defined ........................................................ 4101(4)

Employees, State:

Assignment of .................................................................... 4103

Qualifications of ................................................................ 4103

Employment service office, local ...................................... 4101(7)

Employment assistance ........................................................... 3117

Employment placement ........................................................... 3117(a), 4102

Expenses, administrative ........................................................ 4106

Federal agencies, cooperation of ............................................. 4105

Federal Government employment ........................................... 4214

Funds, administrative .............................................................. 4106

Job counseling .......................................................................... 4102

National Veterans’ Employment and Training Services Institute .................................................................................... 4102A, 4106, 4109

Purpose of ................................................................................. 4102

Secretary of Labor’s Committee on Veterans’ Employment . 4110

State directors .......................................................................... 4103

Employment and training of disabled and Vietnam-era

veterans:

Definitions:

Department and agency ................................................... 4211(5)

Disabled veteran ............................................................... 4211(3)

Eligible veteran ................................................................. 4211(4)

Special disabled veteran ................................................... 4211(1)

Veteran of the Vietnam era .............................................. 4211(2)

Employment and training programs, eligibility .................... 4213

Federal contracts, employment emphasis .............................. 4212
Section

INDEX 1050

Encephalitis lethargica residuals ................................................... 1101(3)

Endocarditis ..................................................................................... 1101(3)

Endocrinopathies ............................................................................. 1101(3)

Enemy:

Assisting .................................................................................... 6104

Country, alien beneficiary in ................................................... 5308, 5309

Energy Conservation. (See Loans, Residential Energy Conservation.)

Epilepsies ......................................................................................... 1101(3)

Equipment, recreational ................................................................. 703(c)

Error, Secretary’s authority to correct ........................................... 503(a)

Escheat ............................................................................................. 1916(e), 1917(d),

1950, 5502(d)

Estates:

Incompetents, personal funds .................................................. 5502(d)

Insurance payments ................................................................. 1910, 1916(e),

1917(c), (d), 1947,

1950, 1954, 1970(a)

Pension use of corpus for maintenance .................................. 1522, 1543

Evidence:

Affidavits, validity of ................................................................ 5712

False or fraudulent .................................................................. 1987, 6103

Medical and lay ........................................................................ 1154

Pension entitlement ................................................................. 1506

Examinations:

Hospital care incident to .......................................................... 1711(a)

Insurance .................................................................................. 1925(e), 1948, 1982

Travel expenses ........................................................................ 111

Exclusions from income, parents’ dependency and indemnity

compensation pension .................................................................. 1503

Exhibits, visual ................................................................................ 703(d)

Expenses:

Association meetings, attendance at ....................................... 7424

Commitment actions ................................................................ 5501

Employment service for veterans, administrative ................. 4106

Fiduciaries, court costs, etc ..................................................... 5502(c)

Insurance administration ........................................................ 1925(d)(3), 1969,

1982

Travel. (See Travel expenses.)

Extra hazard .................................................................................... 1957

Extremities, loss:

Automobiles and other conveyances, adaptive equipment .... 3902, 3903

Housing, specially adapted ...................................................... 2101

Natural elbow or knee action prevented, disability compensation ............................................................................... 1114(m)

Prosthetic appliance use prevented, disability compensation 1114(n)

Three, disability compensation ............................................... 1114(p)

Eye. (See Blindness.)

Facilities, VA, medical, defined ...................................................... 1701(4), 8101(3)

False and misleading statements ................................................... 3690(d)

Father, defined ................................................................................ 1901(4)

Federal agencies, cooperation, States: Employment service for

veterans ........................................................................................ 4105

Federal Employees Compensation. (See Employees Compensation, Federal.)

Federal farm-loan banks ................................................................. 1955(b)

Federal Housing Commissioner:

Certified agent .......................................................................... 3702(d)

Loan guaranty or insurance, restrictions ............................... 3704

Fees:

Agents and attorneys ............................................................... 1984(g), 5902(b),

5903(1), 5904(c)

Certification of records ............................................................. 5702(b)
Section

1051 INDEX

Fees—Continued

Copies of records ...................................................................... 5702(b)

Housing loan guaranteed or insured ...................................... 3729(a), (b)

Particular claims ...................................................................... 5903(1)

Penalties .................................................................................... 5904(b), 5905

Representatives of organizations ............................................ 5902(b)(1)

Witness ...................................................................................... 1984(e), 5711

Feet, loss:

Automobiles .............................................................................. 3902, 3903

Compensation ........................................................................... 1114(l)–(p)

Insurance .................................................................................. 1914, 1958

Ferry fares ....................................................................................... 111

Fiduciaries:

Accounting required ................................................................. 5502(b)

Cases, numbers of .................................................................... 5502(a)

Duties improperly executed ..................................................... 5502(b)

Expenses, appointment, etc ..................................................... 5502(c)

Litigation, court appearances .................................................. 5502(b)

Misappropriation, embezzlement ............................................ 6101

Payments to and supervision of .............................................. 5502

Suspension of payments .......................................................... 5502(b)

Filariasis .......................................................................................... 1101(4)

Finality of decisions ........................................................................ 108(c), 511(a),

1985, 8510

Fire:

Insurance proceeds, excluded as income, pension ................. 1503(a)(5)

Loss of personal effects ............................................................ 1726

Flag to drape casket ........................................................................ 2301

Flight training:

Restricting ................................................................................. 3473(b)

Foot and eye or hand, loss:

Compensation ........................................................................... 1114(l)

Insurance .................................................................................. 1914, 1958

Foot, loss, additional compensation ............................................... 1114(k), (t)

Forfeiture:

False evidence ........................................................................... 6103

Fraud ......................................................................................... 6103

Insurance .................................................................................. 1911, 1954, 1973

Limitation ................................................................................. 6103(d)

Offenses under repealed laws ................................................. 3 (P.L. 85–857)

Subversive activities ................................................................ 6105

Treason, mutiny, etc ................................................................ 1911, 1973, 6104

Fraud:

Benefits, accepting or obtaining .............................................. 6102

Forfeiture of benefits ................................................................ 6103

Insurance .................................................................................. 110, 1910, 1987

Twenty-year ratings, reduction for ......................................... 110

Full-time course, defined ................................................................ 3688(b)

Funds:

Employment service for veterans ............................................ 4106

General Post. (See General Post Fund.)

Incompetent beneficiaries ........................................................ 5504

National Service Life Insurance .............................................. 1920, 1921,

1924(b), 1925(d),

1986

Patient’s personal ..................................................................... 5504

Revolving: Canteen service ...................................................... 7804, 7805

Loans:

Service-disabled veterans’ insurance ............................... 1922

Supply ................................................................................ 8111

Nursing Home Revolving .................................................. 8116

Veterans’ special life insurance ....................................... 1923

Servicemembers’ Group Life Insurance .................................. 1969(d)
Section

INDEX 1052

Funds—Continued

United States Government life insurance .............................. 1924(b), 1955,

1957, 1986, 5302(e)

Funeral expenses:

Death in VA facility ................................................................. 2303

Eligibility .................................................................................. 2302

Pension, exclusion of ................................................................ 1503

Transportation to National Cemetery .................................... 2308

Garages ............................................................................................ 8109

General accounting office:

Accrued benefits, payment of .................................................. 5122

General Post Fund:

Assets:

Residual ............................................................................. 8524

Sale of ................................................................................ 8522

Claims ....................................................................................... 8502(c), 8523, 8526

Death while inmate, VA facility .............................................. 8520

Disbursements .......................................................................... 8303, 8502(d), 8523

Gifts, devises, and bequests .................................................... 8302, 8303, 8304

Investment ................................................................................ 8528

Property left or found ............................................................... 8502(d)

Gifts, devises, bequests ................................................................... 7802(8), 8301–8305

Grants to medical schools ............................................................... 8255(b),

8201(a)–(f), 8213

Grants to Philippines ...................................................................... 1732

Grievance procedures ...................................................................... 7403(f)(3)

Guaranty of loans. (See Loans.)

Guardian:

Defined ...................................................................................... 3501(a)(4)

Notification to ........................................................................... 3563

Guerrilla forces, Philippines ........................................................... 107(a)

Hand and eye or foot, loss:

Compensation ........................................................................... 1114(l), (t)

Insurance .................................................................................. 1914, 1958

Hands, loss:

Automobiles and other conveyances, adaptive equipment .... 3902, 3903

Compensation ........................................................................... 1114(l), (t)

Insurance .................................................................................. 1914, 1958

Hansen’s disease (leprosy) .............................................................. 1101(3), 1112(5)

Healthcare eligibility protection ..................................................... 1525

Health personnel training:

Grants ....................................................................................... 8231

Eligible institutions .................................................................. 8232

In VA facilities:

Expansion and remodeling ............................................... 8241

Regional medical education centers. (See Regional medical education centers.)

Health Professionals Educational Assistance Program ................ 7601–7655

Health Professionals Evaluation Assistance Program:

Agreement, terms of ................................................................. 7604, 7612(c),

7622(c), 7634, 7652

Annual report ........................................................................... 7632

Application ................................................................................ 7603, 7612(b),

7622(b)

Assistance:

Amount .............................................................................. 7653

Obligated service ............................................................... 7654

Eligibility:

Individuals ......................................................................... 7602, 7612(a),

7622(a)

Educational institutions ................................................... 7602, 7612(a),

7622(a), 7634

Exemption from taxation .................................................. 7636
Section

1053 INDEX

Health Professionals Evaluation Assistance Program—Continued

Obligations, liability ................................................................. 7616, 7617, 7623,

7624, 7654, 7655

Part–time students ................................................................... 7614

Regulations ............................................................................... 7633

Scholarship program ................................................................ 7611–7618, 7631(b)

Service in other agencies ......................................................... 7635

Status of participants .............................................................. 7615

Tuition Reimbursement Program ........................................... 7621–7625, 7631

Health Services Improvement Fund .............................................. 1729B

Hearing, loss:

Compensation ........................................................................... 1114(o), 1114(p),

1160

Decoders, furnishing of, telecaptioning television ................. 1717(b)

Insurance .................................................................................. 1914, 1958

Helminthiasis ................................................................................... 1112(b)

Hodgkin’s disease ............................................................................ 1101(3)

Home:

Health services ......................................................................... 1717(a)

Loans. (See Loans.)

Specially adapted (see also Housing) ...................................... 2101–2105

Homeless veterans:

Health and other services ........................................................ 2031–2034

Transfer of homes to nonprofit organizations ........................ 2041

Transitional housing program ................................................. 2051–2054

Hospital care, defined ..................................................................... 1701(5)

Hospital, domiciliary, nursing home care, and medical care:

Adult Day Health Care ............................................................ 1720(f)

Alcohol and drug abuse treatment .......................................... 1720A

Allied forces, veterans .............................................................. 109(a), (c)

Allotments to other agencies ................................................... 1716

Ambulatory care ....................................................................... 1712

Applications, notice re assets, disposition .............................. 8527

Apportionment of benefits during ........................................... 5307

Basic authority ......................................................................... 1710–1712

Benefits during ......................................................................... 5503

Clothing, furnishing of ............................................................. 1723

Commitment proceedings ........................................................ 5501

Commonwealth Army Veterans .............................................. 1734

Contracts for ............................................................................. 109(a)(2), 1701(4),

1703(c), 1720C,

1724(c), 1732,

1781(b)

Counseling and treatment:

Sexual trauma ................................................................... 1720D

Death, benefits withheld, payment ......................................... 5503(a)(2), (b)(2),

(b)(3)

Definitions:

Disability ............................................................................ 1701(1)

Domiciliary care ................................................................ 1701(7)

Hospital care ..................................................................... 1701(5)

Medical services ................................................................ 1701(6)

Nursing home care ............................................................ 101(28)

Respite care ....................................................................... 1720B(b)

VA facilities ....................................................................... 1701(4)

Veteran of any war ........................................................... 1701(2)

Dental:

Appliances .......................................................................... 1712(c), (d)

Outpatient care ................................................................. 1712(b)

Dependents of certain veterans (CHAMPVA) ........................ 1781

Domiciliary care, defined ......................................................... 1701(7)

Drug and alcohol abuse treatment ......................................... 1720A

Eligibility .................................................................................. 1710–1712, 1727
Section

INDEX 1054

Hospital, domiciliary, nursing home care, and medical care—

Continued

Emergencies:

Reimbursement for treatment .......................................... 1725

Extended care services ............................................................. 1710B

Grants to Philippines ............................................................... 1732

Hansen’s disease (leprosy) ....................................................... 1101(3), 5503(d)

Home health services ............................................................... 1712(a), 1712(f),

1712(g)

Homeless veterans ................................................................... 2031–2034

Immunization services ............................................................. 1712(j)

Inability to defray expenses .................................................... 1710, 1722

Incompetency, benefits withheld, payment ............................ 5503(b)

Indian war veterans outpatient care ...................................... 1712(e)

Invalid lifts and other devices ................................................. 1717

Loss of personal effects by fire ................................................ 1726

Mammography policy ............................................................... 7322

Management:

Other requirements .......................................................... 1706

Patient enrollment system ............................................... 1705

Mechanical, electronic equipment for the blind ..................... 1714

Medal of Honor ......................................................................... 1701(2)

Medical service priorities ......................................................... 1712(i)

New Philippine Scouts ............................................................. 1734

Non-service-connected disabilities .......................................... 1701(6), 1710(a)(1),

1710(b)(2), 1712(f),

(g), (h), 1724(c),

1729

Nursing home care ................................................................... 8101(3)

Required ............................................................................. 1710A

Nursing home revolving fund .................................................. 8116

Optometrist’s services .............................................................. 1701(6)

Outpatient treatment ............................................................... 1712

Outside any State ..................................................................... 1724

Patients, members, services of ................................................ 1718

Persons eligible under prior laws ........................................... 1727

Philippines:

Commonwealth Army ....................................................... 1731, 1734

Grants to ............................................................................ 1732

New Philippine Scouts ...................................................... 1734

Presidential authority ....................................................... 1731, 1732, 1733

Regulatory authority ......................................................... 1733

U.S. veterans ..................................................................... 1724(b)(2), (c), 1732

Veterans Memorial Hospital ............................................ 1724(c), 1732

Pre- and post-hospital care ...................................................... 1712(f)

Preventive health–care services pilot program ...................... 1761–1763

Prosthetic appliances:

Fitting and training .......................................................... 1714

Furnishing ......................................................................... 1712

Repair or replacement ...................................................... 1719

Psychosis, presumption of service connection ........................ 1702

Recreational facilities ............................................................... 703(c)

Reduction of benefits ................................................................ 5503

Regional medical education centers. (See Regional medical

education centers.)

Regulations ............................................................................... 1721

Respite care .............................................................................. 1720B

Contracts for ...................................................................... 1720B(c)

Restrictions on assisted suicide, euthanasia, or mercy killing .......................................................................................... 1707

Rules .......................................................................................... 1721

Seeing-eye dogs ......................................................................... 1714

Seriously mentally ill veterans ............................................... 2031–2034

Spanish-American War veterans outpatient care .................. 1712(e)
Section

1055 INDEX

Hospital, domiciliary, nursing home care, and medical care—

Continued

State homes, payments to ........................................................ 1741–1743

Survivors and dependents ....................................................... 1781

Therapeutic and rehabilitative activities:

Generally ........................................................................... 1718

Patients, members, services of ......................................... 1718

Tobacco, furnishing of .............................................................. 1715

Travel ........................................................................................ 111

Vocational rehabilitation ......................................................... 3106

Women’s Army Auxiliary Corps .............................................. 106(a)

Women’s Army Corps ............................................................... 106(a)

Hospital, domiciliary, nursing care, and medical facilities:

Acquisition ................................................................................ 8102, 8103, 8104,

8107(b)

Alter, defined ............................................................................ 8101(1), (2)

Alteration of .............................................................................. 8107

Construction and repair ........................................................... 8103, 8107

Contracts for ............................................................................. 109(a)(2), 1701(4),

8103, 8106, 8110(c)

Contributions for ...................................................................... 8108

Defined ...................................................................................... 1701(4), 8101(3),

8509

Easements or rights-of-way ..................................................... 8124

Estates, decedents, jurisdiction ............................................... 8508

Fireproof construction .............................................................. 8105

Garages ..................................................................................... 8109

Gifts, donations ........................................................................ 8301

Lease of ..................................................................................... 8103

Location ..................................................................................... 8103(b), (c), 8107

Operation of .............................................................................. 8107(a), 8110

Property:

Acceptance of ..................................................................... 8115

Decedent’s personal. (See Property.)

Employees, personal (see also Property) ......................... 703(e)

Unclaimed. (See Property.)

Recreational facilities ............................................................... 703(c)

State home facilities:

Applications ....................................................................... 8135(a)

Appropriations ................................................................... 8133

Construction, defined ........................................................ 8131(c)

General regulations .......................................................... 8134

Operations of, control ....................................................... 8137

Payments ........................................................................... 8135(d)

Purpose .............................................................................. 8132

Recapture provisions ......................................................... 8136

Housebound, permanently .............................................................. 1114(s), 1311(d),

1502(c), 1521(e)

Housing assistance:

Homeless veterans ................................................................... 2041

Housing loans. (See Loans.)

Housing, specially adapted:

Claims pending on effective date of act .................................. 9 (P.L. 85–857)

Direct loans ............................................................................... 3711

Disability required ................................................................... 2101

Dwelling need of veteran, suitability to ................................. 2101

Eligibility .................................................................................. 2101

Home improvement and structural alteration ....................... 1712(a), 1712(f)

Income and expenses of veteran, relation to .......................... 2101

Liability of Government ........................................................... 2105

Limitations, options ................................................................. 2102

Maximum amount of assistance .............................................. 2102(c)

Medical feasibility .................................................................... 2101

Mortgage Protection Life Insurance ....................................... 2106
Section

INDEX 1056

Housing, specially adapted—Continued

Other housing benefits, relationship ...................................... 2104

Plans and specifications furnished ......................................... 2103

Human immunodeficiency virus:

Records, disclosure of ............................................................... 7332(b)(2)(C)(i),

7332(f)

Patients, nondiscrimination against ....................................... 7333

Husband ........................................................................................... 101(31), 102(b)

Hypertension (cardiovascular-renal disease) ................................. 1101(3)

Illegitimate child ............................................................................. 101(4), 1901(3)

Illness, last, expenses of, excluded, pension .................................. 1503(a)(3)

Inactive duty training:

Defined ...................................................................................... 101(23), 1965(3)

Travel to or from ...................................................................... 106(d), 1967

Income limitations:

Dependency and indemnity compensation, parents .............. 1315(b)–(d)

Income, what constitutes, dependency and indemnity compensation, parents, pension ........................................................ 1503, 1315(g)

Incompetents:

Benefits withheld, payment ..................................................... 5503(b)

Commitment ............................................................................. 5501

Insurance .................................................................................. 1977(c), 1983,

1984(b)

Payments, to whom made ........................................................ 5502

Payments while institutionalized ............................................ 5503(b)

Service-disabled veterans’ insurance ...................................... 1922

Indemnity, servicemen’s, nonassignable ........................................ 5301(a)

Independent medical experts .......................................................... 7109

Index, authority for ......................................................................... 8 (P.L. 85–857)

Indian wars:

Outpatient treatment ............................................................... 1712(e)

Period of .................................................................................... 1501(1), 1701(3)

Induction: Disability before rejection ............................................. 106(b)

Information:

Disclosure of ............................................................................. 5701

Employment opportunities, dissemination of ......................... 3463

Furnished by other Government agencies ............................. 5106

Injury from training, hospitalization, treatment or examination.. .............................................................................................. 1151

Injury, preexisting, aggravation of ................................................. 1153

Inspection of records ....................................................................... 5701(d)

Inspections:

Administrative cost .................................................................. 1982

State homes .............................................................................. 1742(a)

Institution of higher learning, defined .......................................... 3452(f), 3501(a)(10)

Insurance:

Veterans’ Mortgage Life Insurance ......................................... 2106

National Service Life:

Administrative cost ........................................................... 1925, 1982

Secretary’s decisions, finality ........................................... 1985

Adoption:

Child ............................................................................ 1901(3)

Parent through ........................................................... 1901(4)

Age:

Attained, term premiums .......................................... 1905

Limitations:

Disability income ................................................ 1915

Premium waiver ................................................. 1912(a)

Reduction of face value, modified life plan, at

65 ...................................................................... 1904(b)

American Experience Table of Mortality ........................ 1902

Amount .............................................................................. 1903, 1912(d)

Annuity table for 1949 ...................................................... 1922, 1923, 1925
Section

1057 INDEX

Insurance—Continued

National Service Life—Continued

Application for:

Commercially uninsurable ........................................ 1925

Limited convertible term ........................................... 1923(b)

Modified life plan ....................................................... 1904

Replacement ............................................................... 1904, 1981

Service disabled ......................................................... 1922, 1925

Total disability income .............................................. 1915

Total disability waiver ............................................... 1912

Appropriation .................................................................... 1919, 1922,

1924(b), 5302(e)

Assignments ...................................................................... 1918, 5301

Automatic renewal, term .................................................. 1905

Bars to benefits, inapplicable ........................................... 5303(d)

Beneficiaries:

Assignments of interest ............................................. 1918

Cash value, death lawful punishment ..................... 1911

Change by insured ..................................................... 1917(a)

Designated, insured not survived ............................. 1916(d), 1917(d)

Designation by insured .............................................. 1917(a)

Designation not made ................................................ 1916(d), 1917(d)

Estates, payments to ................................................. 1916(e), 1917(c),

(d), 1950, 1954

Incompetents, optional settlements .......................... 1983

Installments unpaid at death ................................... 1916, 1926

Minors, optional settlements .................................... 1983, 1926

Order of ....................................................................... 1916(b), (d)

Permitted class ........................................................... 1916(b), 1922(b)(2)

Premium waiver, right to apply for .......................... (d)

Cash value:

American Experience Table of Mortality ................. 1902

Commissioners 1941 Standard Ordinary Table of

Mortality ................................................................. 1922

Commissioner Standard Ordinary Basic Mortality

Table, 1958 .............................................................. 1925(b)

Death, lawful punishment ......................................... 1911

Paid in installments or as life annuities .................. 1917(e)

Policy provisions ........................................................ 1906

Replacement of insurance surrendered for cash ..... 1981

Certified mail, notice of claim denial .............................. 1984(b)

Claims, denial, notice ....................................................... 1984(b)

Commissioners 1941 Standard Ordinary Table of Mortality ............................................................................... 1922, 1923

Commissioners Standard Ordinary Basic Mortality

Table, 1958 ..................................................................... 1904, 1925

Conscientious objections, forfeiture ................................. 1911

Conversion ......................................................................... 1904

Costs:

Administrative ........................................................... 1925, 1982

Extra hazard of service ............................................. 1921, 1957

Surrendered policies replaced while disabled .......... 1981(a)

Waiver of premium and death benefits .................... 1912

Deafness, statutory total disability ................................. 1914

Death:

Before effective date .................................................. 1909

Before 6 months total disability ............................... 1913

Inflicted for lawful punishment ................................ 1911

Insurance amount ...................................................... 1903

Definition:

Child ............................................................................ 1901(3)

Claim ........................................................................... 1984(h)

Disagreement ............................................................. 1984(h)

Father ......................................................................... 1901(4)
Section

INDEX 1058

Insurance—Continued

National Service Life—Continued

Definition—Continued

Insurance .................................................................... 1901(1)

Mother ........................................................................ 1901(4)

Parent ......................................................................... 1901(4)

Widow ......................................................................... 1901(2)

Widower ...................................................................... 1901(2)

Denial of claim, right of action Federal court ................. 1984

Desertion, forfeiture .......................................................... 1911

Disability:

Rating, total, 20 years or more ................................. 110

Statutory total ............................................................ 1914

Waiver of .................................................................... 1922, 1957(d),

1981(a)

Dividends:

Applied to pay premiums .......................................... 1907

Applied to purchase paid-up insurance .................... 1907

Disability income policies classified separately ....... 1915

Policy provisions ........................................................ 1906

Effective date ..................................................................... 1904, 1909

Eligibility:

Commercially uninsurable ........................................ 1925

Replacement insurance ............................................. 1904, 1981

Service connected disabled veterans ........................ 1922, 1925

Endowment, converted to ................................................. 1904

Escheat ............................................................................... 1916(e), 1917(d)

Estates:

Payment to ................................................................. 1916(e), 1917(c),

(d), 1950, 1954

Refunds in fraud cases .............................................. 1910

Examinations:

Medical costs .............................................................. 1925, 1982

Premium waiver ......................................................... 1912

Travel expenses .......................................................... 111

Expired term policies, replacement ................................. 1981(b)

Extended value:

American Experience Table of Mortality ................. 1902

Commissioners 1941 Standard Ordinary Table of

Mortality ................................................................. 1922

Commissioners Standard Ordinary Basic Mortality

Table, 1958 .............................................................. 1904, 1925

Policy provisions ........................................................ 1906

Table X–18 .................................................................. 1923(b)

Extra hazard costs ............................................................ 1921, 1957

False evidence, penalties ........................................... 1987

Father, defined ........................................................... 1901(4)

Five-year term:

Conversion .................................................................. 1904, 1923

Renewal ...................................................................... 1905

Forfeiture ........................................................................... 1911

Fraud:

Ground for contesting ................................................ 1910

Penalties ..................................................................... 1987

Premium refund ......................................................... 1910

Twenty-year disability ratings or more .................... 110

Fund ................................................................................... 1920, 1921,

1924(b), 1925(d),

1981(a), 1986,

1988, 5302(c)

Funds, revolving:

Service, disabled veterans’ ........................................ 1922, 1925

Veterans’ reopened insurance ................................... 1925(d)

Veterans’ special term ............................................... 1923, 1925(d)
Section

1059 INDEX

Insurance—Continued

National Service Life—Continued

Health requirements, waiver of ....................................... 1904, 1922, 1925

Heirs, no payment to ........................................................ 1916(e)

Illegitimate child ............................................................... 1901(3)

Incompetents:

Applications for .......................................................... 1912(c), (d), 1922

Optional settlements ................................................. 1983

Suits ............................................................................ 1984(b)

Incontestability .................................................................. 1910

Inspections, cost borne by the United States .................. 1982

Installments, adjustment of ............................................. 1927

Interest on settlements ..................................................... 1928

Installments, continuous during lifetime ........................ 1916(a), 1917(b)

Interpleader suit ............................................................... 1984(a)

Investment of funds .......................................................... 1920(b), 1923(b),

1925(d)

Lapsed policy, reinstatement and renewal ..................... 1905

Legal representative, no payment to ............................... 1916(e)

Liens:

Advance of 1st premium ............................................ 1908

Unpaid premiums, death before 6 months’ total

disability ................................................................. 1913

Loan value:

American Experience Table of Mortality ................. 1902

Commissioners 1941 Standard Ordinary Table of

Mortality ................................................................. 1922

Commissioners Standard Ordinary Basic Mortality

Table, 1958 .............................................................. 1925(b)

Policy provisions ........................................................ 1906

Loco parentis ..................................................................... 1901(4)

Medical examinations:

Costs borne by United States ................................... 1982

Costs borne by applicants ......................................... 1925(e)

Mentally incompetent ....................................................... 1912(c), (d), 1922

Military or naval forces of United States, not member,

ground for contesting .................................................... 1910

Minors:

Optional settlements ................................................. 1983

Suits ............................................................................ 1984(b)

Mortality, tables of:

American Experience ................................................. 1902

Commissioners 1941 Standard Ordinary ................. 1922(a), 1923(a)

Commissioners Standard Ordinary Basic, 1958 ...... 1904(b), 1925(b)

Maturity during in-service premium waiver ........... 1924(b)

Table X–18 .................................................................. 1923(b)

Mother, defined ................................................................. 1901(4)

Mutiny, forfeiture .............................................................. 1911

National Service Life Insurance Fund ............................ 1920, 1921,

1924(b), 1981(a),

1986, 1988, 5302(e)

Nonparticipating ............................................................... 1912(d), 1922,

1923(b), 1924(a)

Optional settlements ......................................................... 1916(a), 1917, 1983

Overpayments, when waived ........................................... 5302(e)

Paid-up insurance ............................................................. 1903, 1907(c)

Paid-up value:

American Experience Table of Mortality ................. 1902

Commissioners 1941 Standard Ordinary Table of

Mortality ................................................................. 1922(a)

Commissioners Standard Ordinary Basic Mortality

Table, 1958 .............................................................. 1904(b), 1925(b)

Policy provisions ........................................................ 1906

Table X–18 .................................................................. 1923(b)
Section

INDEX 1060

Insurance—Continued

National Service Life—Continued

Payment:

Cash values ................................................................ 1917(e)

Death lawful punishment .......................................... 1911

Escheat as bar ............................................................ 1916(e), 1917(d)

Estates ........................................................................ 1916(e), 1917(c), (d)

Installments, number of ............................................ 1916, 1917

Installments unpaid at death of beneficiary ............ 1916(d), (e),

1922(b)(4), (5)

Less than $5 ............................................................... 1916(e)

Less than $10 ............................................................. 1917(c), (e)

Modes:

Maturity before August 1, 1946 ........................ 1916(a)

Maturity on or after August 1, 1946 ................. 1917(b)

Minors or incompetents ...................................... 1983

Optional settlement:

Maturity before August 1, 1946 ........................ 1916(a)(3)

Maturity on or after August 1, 1946 ................. 1917

Minors or incompetents ...................................... 1983

Overpayment, when waived ...................................... 5302(a)

Permitted class as represented by insured .............. 1916(f)

Persons entitled, interpleader suit ........................... 1984(a)

Refund life income ..................................................... 1916(a)(3),

1917(b)(4)

Total disability ........................................................... 1915

Penalties ............................................................................ 1987

Permitted class of beneficiaries ....................................... 1916(b), 1922(b)

Philippine veterans ........................................................... 107

Plans of .............................................................................. 1904, 1923(b), 1925

Policy:

Expired, replacement ................................................. 1981(b)

Lapsed, reinstatement and renewal ......................... 1905

Limited Convertible Term ......................................... 1923(b)

Provisions ................................................................... 1906

Surrendered for indemnity, replacement ................. 1981(a)

Values ......................................................................... 1902, 1923(b)

Premiums:

Advance of 1st premium ............................................ 1908

American Experience Table of Mortality ................. 1902

Commercially uninsurable ........................................ 1925(a), (c)

Commissioners 1941 Standard Ordinary Table of

Mortality ................................................................. 1922(a), 1923(a)

Commissioners Standard Ordinary Basic Mortality

Table, 1958 .............................................................. 1904(b), 1925(b)

Discount rates ............................................................ 1929

Dividends used to pay ............................................... 1907

Liens ........................................................................... 1913

Nonpayment, ground for contesting ......................... 1910

Payment of .................................................................. 1907, 1908

Rates ........................................................................... 1902, 1904,

1922(a), (c),

1923(a), (b), 1925

Refund in fraud cases ................................................ 1910

Refund of, policy provisions ...................................... 1906

Service-disabled veterans .......................................... 1922, 1925

Special term ............................................................... 1923

Table X–18 .................................................................. 1923(b)

Total-disability income .............................................. 1915, 1981(a)

Unearned, refund, policy provisions ......................... 1906

Waiver:

Dependency and indemnity compensation, restriction on payment of ................................... 1317(a)

In-service ............................................................. 1924
Section

1061 INDEX

Insurance—Continued

National Service Life—Continued

Premiums—Continued

Waiver—Continued

Total disability .................................................... 1912, 1981(a)

Printing and binding ......................................................... 1982

Rates, installment ............................................................. 1927

Rates, premium ................................................................. 1902, 1904, 1922,

1923, 1925

Ratings, 20-year disability ............................................... 110

Recovery of payments waived .......................................... 5302(e)

Refund life income ............................................................ 1916(a)(3),

1917(b)(4)

Registered mail notice of claim denial ............................ 1984(b)

Reinstatement ................................................................... 1905

Renewal, automatic ........................................................... 1905

Replacement insurance ..................................................... 1981

Saving provision ................................................................ 1988, 3–7, 9, 10

(P.L. 85–857)

Service-connected disability, waiver of ............................ 1922, 1925, 1959(a)

Service-disabled veterans ................................................. 1912(d), 1922, 1925

Set off ................................................................................. 5301

Settlements, interest on ................................................... 1928

Spying, forfeiture .............................................................. 1911

Statutory total disabilities ............................................... 1914

Stepchild ............................................................................ 1901(3)

Stepparents ........................................................................ 1901(4)

Suits:

Attorney’s fees ............................................................ 1984(g)

Claim, defined ............................................................ 1984(h)

Claims denied, notice ................................................. 1984(b)

Disagreement, defined ............................................... 1984(h)

Interpleader ................................................................ 1984(a)

Parties ......................................................................... 1984(a)

Statutes of limitations inapplicable .......................... 1984(b)

Subpenas .................................................................... 1984(c)

Time limits ................................................................. 1984(b)

Witnesses, Department employees:

Fees, part-time and fee-basis personnel ........... 1984(e)

Leave .................................................................... 1984(f)

Travel and subsistence allowance ..................... 1984(d)

Surrendered for cash, replacement .................................. 1981(a)

Terms:

Conversion right ........................................................ 1904

Expired, replacement ................................................. 1981(b)

Limited Convertible ................................................... 1923(b)

Renewal, automatic ................................................... 1905

Special ......................................................................... 1923

Termination ................................................................ 1905

Total disability:

Automatic renewal ..................................................... 1905

Conversion to endowment prohibited ....................... 1904(a)

Costs, surrendered insurance replaced while disabled ........................................................................ 1981(a)

Death before 6 months of .......................................... 1913

Income benefits .......................................................... 1915, 1981(a)

Premiums waived ....................................................... 1912, 1922, 1981(a)

Rating, 20 years or more ........................................... 110

Statutory ..................................................................... 1914

Treason, forfeiture ............................................................ 1911

Waiver:

Disability .................................................................... 1922, 1925,

1957(d), 1981(a)

Overpayments ............................................................ 5302(e)
Section

INDEX 1062

Insurance—Continued

National Service Life—Continued

Waiver—Continued

Premiums:

Costs, surrendered policies replaced while disabled ................................................................. 1981(a)

In-service .................................................................... 1924

Total disability .................................................... 1904, 1912

Servicemembers’ Group Life:

Absent without leave ........................................................ 1968(a)

Accelerated death benefit ................................................. 1980

Accounting, annual ........................................................... 1971(e)

Active duty, defined .......................................................... 1965(1)

Active duty for training, defined ...................................... 1965(2)

Advisory council ................................................................ 1974

Administrative:

Cost ............................................................................. 1969(d)(1), (2), (3)

Office ........................................................................... 1966(b)

Age distribution ................................................................. 1971(c)

Air National Guard ........................................................... 1965(2)(3)

Amount of insurance ......................................................... 1967

Appropriations:

Adjustment of contributions ...................................... 1969(b)

Advancement from ..................................................... 1969(c)

Contributions from ..................................................... 1969(b)

Attachment, exemption from ............................................ 1970(g)

Automatically insured ...................................................... 1967

Basic table of premiums ................................................... 1971

Beneficiaries:

Order of precedence ................................................... 1970(a)

Prior designation ........................................................ 1970(e)

Benefit certificates ............................................................ 1972

Benefits, failure to claim .................................................. 1970(b), (c)

Cadets, ROTC .................................................................... 1965(2)(5)

Claim, timely filing of ....................................................... 1970(b), (c)

Claims of creditors ............................................................ 1970(g)

Conscientious objector ...................................................... 1973

Contributions, extra hazard cost ..................................... 1969(b)

Conversion ......................................................................... 1968, 1977(e)

Costs:

Administrative ........................................................... 1969(d)(1)

Extra hazards. (See Extra hazard costs.)

Courts, jurisdiction of ....................................................... 1975

Death:

Inflicted as lawful punishment ................................. 1973

Insurance against ...................................................... 1967

Deduction of premium from pay ...................................... 1969(a)

Definitions:

Active duty ................................................................. 1965(1)

Active duty for training ............................................. 1965(2)

Child ............................................................................ 1965(8)

Inactive duty for training .......................................... 1965(3)

Member ....................................................................... 1965(5)

Parent ......................................................................... 1965(9)

Uniformed services .................................................... 1965(6)

Widow ......................................................................... 1965(7)

Widower ...................................................................... 1965(7)

Deposits .............................................................................. 1965(d)(1)

Desertion ............................................................................ 1973

Discontinuance of group policy ........................................ 1966(d)

Effective date ..................................................................... 1976

Election:

Not to be insured ....................................................... 1967(a), (b), (c)

$5,000 or $10,000 insurance ..................................... 1967(a)
Section

1063 INDEX

Insurance—Continued

Servicemembers’ Group Life—Continued

Election—Continued

Reelection to be insured or to increase insurance ... 1967(d)

Equitably entitled ............................................................. 1970(c)

Escheat ............................................................................... 1970(h)

Estates, payment to .......................................................... 1970

Excess mortality ................................................................ 1969(b)

Expenses:

Administrative cost .................................................... 1969(d)(e)

Extra hazard costs:

Adjustment of ............................................................. 1969(b)

Estimated costs .......................................................... 1971(b)

Formula for determining ........................................... 1969(b)

Readjustment of ......................................................... 1971(b)

Failure to claim benefits ................................................... 1970(b), (c)

Forfeiture ........................................................................... 1973

Formula for determining extra hazard costs .................. 1969(b)

Fund:

Deposit in ................................................................... 1969(d)(1), 1971(e)

Escheat to ................................................................... 1970(h)

Investment of ............................................................. 1969(d)(2)

Payments from ........................................................... 1969(d)(1)

Revolving .................................................................... 1969(d)(1)

Transfers from, administrative expenses ................. 1969(d)(3)

General operating expenses, Department ....................... 1969(d)(3)

Good health, proof of ......................................................... 1967(c)

Group policy:

Discontinuance of ....................................................... 1966(d)

Purchase of ................................................................. 1966(a)

Hazards of active duty. (See Extra hazard costs.)

Health, proof of good ......................................................... 1967(c)

Investment of fund ............................................................ 1969(d)(2)

Leave, absent without ....................................................... 1968(a)(1)

Levy, exemption from ....................................................... 1970(g)

Lump sum, payment in .................................................... 1970(d)

Member, defined ................................................................ 1965(5)

Midshipmen, ROTC .......................................................... 1965(2), (5)

Minor widow or widower, payment to ............................. 1970(f)

Mutiny ................................................................................ 1973

National Guard ................................................................. 1965(2), (3)

Payments:

Administrative ........................................................... 1969

Expenses ..................................................................... 1969, 1971

Insurance .................................................................... 1970

Premiums ................................................................... 1969(d), (e)

Risk, charges, expenses ............................................. 1971(d), (e)

Persons insured ................................................................. 1967

Policy:

Conversion to individual ........................................... 1968(b)

Discontinuance of group ............................................ 1966(d)

Purchase of group ...................................................... 1966(a)

Premiums:

Amount determined by the Secretary ...................... 1969(a), (b)

Basic rates, continuance of ........................................ 1971(a), (d)

Basic table of rates .................................................... 1971(a)

Collection from proceeds, not deducted from pay .... 1969(a)(1)

Deduction from pay .................................................... 1969(a)

Readjustment of basic group rates ........................... 1971(a)

Redetermination, rates charged insureds ................ 1969(a)(1), (2)

Refund, prohibited ..................................................... 1969(a)(4)

Total ............................................................................ 1971(b)

Proof of good health .......................................................... 1967(c)

Public Health Service ....................................................... 1965
Section

INDEX 1064

Insurance—Continued

Servicemembers’ Group Life—Continued

Purchase of group policy ................................................... 1966(a)

Reinsurance ....................................................................... 1966(c), 1967(c)

Refusal to perform service ................................................ 1973

Refusal to wear uniform ................................................... 1973

Regulations ........................................................................ 1969(h)

Reserve Officers Training Corps ...................................... 1965(2), (5)

Reserves, insurance:

Adverse fluctuations, provisions for ......................... 1971(e)

Special contingency reserves ..................................... 1971(e)

Return to duty ................................................................... 1968(a)

Revolving fund. (See Fund.)

Seizure, exemption from ................................................... 1970(g)

Settlement of insurance .................................................... 1970(d), (e)

Special contingency reserve .............................................. 1971(e)

Spying ................................................................................ 1973

Suits, against United States ............................................ 1975

Taxation, exemption from ................................................ 1970(g)

Tentative average premium ............................................. 1971(c)

on of coverage .................................................................... 1968

Thirty-six equal installments ........................................... 1970(d)

Treason .............................................................................. 1973

Uniformed services, defined ............................................. 1965(6)

U.S. Government life:

Administrative cost ........................................................... 1982

American Experience Table of Mortality ........................ 1943

Amount .............................................................................. 1941

Application:

Replacement ............................................................... 1981

Total disability provisions ......................................... 1948

Appropriation. (See Military and naval insurance.)

Assignments ...................................................................... 1953, 5301

Automatic insurance, statutory, total permanent disability .............................................................................. 1958

Automatic renewal, term .................................................. 1945

Bars to benefits, inapplicable ........................................... 5303(e)

Beneficiaries:

Assignments of interest ............................................. 1953

Cash value, death lawful punishment ..................... 1954

Change by insured ..................................................... 1949

Designated, insured not survived by ........................ 1950

Designation not made ................................................ 1950

Estates, payments to ................................................. 1950

Incompetents, optional settlements .......................... 1983

Installments unpaid at death ................................... 1950, 1961

Minors, optional settlements .................................... 1961, 1983

Cash values:

American Experience Table of Mortality ................. 1944(b)

Death inflicted as lawful punishment ...................... 1954

Paid in installments or as life annuity .................... 1952

Policy provision .......................................................... 1944(a)

Replacement of insurance surrendered for cash ..... 1981(a)

Certified mail, notice of claim denial .............................. 1984(b)

Claims, denial, notice ....................................................... 1984(b)

Conversion ......................................................................... 1942

Costs:

Administrative ........................................................... 1982

Extra hazards of service ............................................ 1957

Surrendered policies replaced while disabled .......... 1981(a)

Deafness, statutory total permanent disability .............. 1958

Death:

Inflicted as lawful punishment ................................. 1954

Insurance against ...................................................... 1941
Section

1065 INDEX

Insurance—Continued

U.S. Government life—Continued

Definitions:

Claim ........................................................................... 1984(h)

Disagreement ............................................................. 1984(h)

Insurance .................................................................... 1940

Disability:

Rating, permanent total, 20 years or more .............. 110

Statutory total permanent ........................................ 1958

Total disability income provision .............................. 1948

Total, waiver of premiums ........................................ 1948, 1960, 1981(a)

Total permanent, insurance against ........................ 1941

Waiver of .................................................................... 1957(d), 1959,

1981(a)

Dividends:

Applied to pay premiums .......................................... 1946

Policy provisions ........................................................ 1944(a)

Eligibility for replacement insurance .............................. 1981

Endowment, converted to ................................................. 1942

Escheat ............................................................................... 1950, 1970(h)

Estates:

Payment to ................................................................. 1950, 1954

Refunds in fraud cases .............................................. 1947

Examinations:

Medical costs .............................................................. 1982

Total disability ........................................................... 1948

Travel expenses .......................................................... 111

Expired term policies, replacement ................................. 1981(b)

Extended values:

American Experience Table of Mortality ................. 1944(b)

Policy provisions ........................................................ 1944(a)

Extra hazard costs ............................................................ 1957

False evidence, penalties .................................................. 1987

Federal farm-loan banks .................................................. 1955(b)

Five-year term:

Conversion .................................................................. 1945

Renewal ...................................................................... 1945

Forfeiture ........................................................................... 1954

Fraud:

Ground for contesting ................................................ 1947

Penalties ..................................................................... 1987

Premium refund ......................................................... 1947

Fund ................................................................................... 1924(b), 1950,

1955, 1957(b), (c),

1960(b), 1981(a),

1986, 1988, 5302(e)

Health requirements, waiver of ....................................... 1959

Hospitalized, waiver of premium ..................................... 1960

Incompetents:

Mental, by waiver of premium .................................. 1960

Optional settlements ................................................. 1983

Suits ............................................................................ 1984(b)

Incontestability .................................................................. 1947

Inspections, cost borne by United States ........................ 1982

Installments, adjustment of ............................................. 7192

Installments, continuous during lifetime, policy provisions ................................................................................ 1944(a)

Interest on settlements ..................................................... 1963

Interpleader suit ............................................................... 1984(a)

Investment of fund ............................................................ 1955

Lapsed policy, reinstatement, and renewal .................... 1945

Liens on policies ................................................................ 1944(c), 1959(b),

1960(b)
Section

INDEX 1066

Insurance—Continued

U.S. Government life—Continued

Loan values:

American Experience Table of Mortality ................. 1944(b)

Policy provisions ........................................................ 1944(a)

Loans, interest on ............................................................. 1944(c)

Maturity at certain ages, policy provisions ..................... 1944(a)

Medical examinations, cost borne by United States ...... 1982

Mentally incompetent, waiver of premium ..................... 1960

Military and naval insurance appropriation ................... 1924(b), 1956,

1957(b), (c),

1960(b), 1981(a),

1988, 5302(e)

Military or naval forces of United States, not member,

ground for contesting .................................................... 1947

Minors:

Optional settlements ................................................. 1983

Suits ............................................................................ 1984(b)

Mortality, tables of:

American Experience ................................................. 1943

Maturity during in-service premium waiver ........... 1924(b)

Nonparticipating ............................................................... 1924(a)

Optional settlement .......................................................... 1952, 1983

Overpayments, when waived ........................................... 5302(a)

Paidup values:

American Experience Table of Mortality ................. 1944(b)

Policy provisions ........................................................ 1944(a)

Payment:

Cash values ................................................................ 1952(b)

Death, lawful punishment ......................................... 1954

Escheat as bar ............................................................ 1950

Estate .......................................................................... 1947, 1950, 1954

Installments, number of ............................................ 1951

Installments unpaid at death of beneficiary ............ 1950

Less than $5 ............................................................... 1951

Optional settlement ................................................... 1952, 1983

Overpayment, when waived ...................................... 5302(a)

Persons entitled, interpleader suit ........................... 1984(a)

Total disability ........................................................... 1948

Penalties ............................................................................ 1987

Plans of .............................................................................. 1942

Policy:

Expired, replacement ................................................. 1981(b)

Lapsed, reinstatement and renewal ......................... 1945

Provisions ................................................................... 1944

Surrender for idemnity, replacement ....................... 1981(a)

Values ......................................................................... 1944

Premiums:

American Experience Table of Mortality ................. 1944(b)

Dividends used to pay ............................................... 1946

Liens ........................................................................... 1959(b), 1960(b)

Nonpayment, ground for contesting ......................... 1947

Payment of .................................................................. 1943, 1946

Payment on due date waived .................................... 1960

Rates ........................................................................... 1943

Refund in fraud cases ................................................ 1947

Refund of, policy provisions ...................................... 1944(a)

Tax on ......................................................................... 1969(g)

Total disability income .............................................. 1948, 1981(a)

Waiver:

Dependency and indemnity compensation, restriction on payment of ................................... 1317

In service ............................................................. 1924

Payment on due date .......................................... 1960
Section

1067 INDEX

Insurance—Continued

U.S. Government life—Continued

Premiums—Continued

Waiver—Continued

Total disability .................................................... 1948, 1960, 1981(a)

Printing and binding, cost borne by United States ........ 1982

Rates, installment ............................................................. 1962

Rates, premium ................................................................. 1943

Ratings, 20-year disability ............................................... 110

Recovery of payments waived .......................................... 5302(a)

Registered mail, notice of claim denial ........................... 1984(b)

Reinstatement:

Premium liens continued .......................................... 1959(b)

Term ............................................................................ 1945

Waiver of service-connected disability ..................... 1959(a)

Renewal, automatic ........................................................... 1945

Replacement insurance ..................................................... 1981

Savings provision .............................................................. 1988, 3–7, 9, 10

(P.L. 85–857)

Secretary’s decisions, finality ........................................... 1985

Service-connected disability, waiver of ............................ 1957(d), 1959(a)

Settlements, interest on ................................................... 1963

Setoff .................................................................................. 5301

Statutory permanent total disability ............................... 1958

Suits:

Attorneys’ fees ............................................................ 1984(g)

Claim ........................................................................... 1984(h)

Claims, denial, notice ................................................ 1984(b)

Compromise judgments, yearly renewable term ..... 1984(i)

Disagreement ............................................................. 1984(h)

Interpleader ................................................................ 1984(a)

Parties ......................................................................... 1984(a)

Statutes of limitations inapplicable .......................... 1984(b)

Subpenas .................................................................... 1984(c)

Time limits ................................................................. 1984(b)

Witnesses, Department employees:

Fees, part-time and fee-basis personnel ........... 1984(e)

Leave .................................................................... 1984(f)

Travel and subsistence allowance ..................... 1984(d)

Surrendered for cash, replacement .................................. 1981(a)

Term:

Conversion right ........................................................ 1942

Expired, replacement ................................................. 1981(b)

Renewal, automatic ................................................... 1945

Total disability:

Costs, surrendered policies replaced while disabled 1981(a)

Income provision ........................................................ 1948, 1981(a)

Premiums waived ....................................................... 1948, 1960, 1981(a)

Temporary, waiver of premium ................................ 1960

Total permanent disability:

Insurance against ...................................................... 1941

Rating, 20 years or more ........................................... 110

Statutory ..................................................................... 1958

Waiver of premiums .................................................. 1942(c)

Twenty-year disability ratings ......................................... 110

United States Government Life Insurance Fund. (See

Fund.) .............................................................................

Waiver: ...............................................................................

Disability .................................................................... 1921(e), 1959,

1981(a)

Overpayments ............................................................ 5302

Premiums:

Costs, surrendered policies replaced while disabled ................................................................. 1981(a)
Section

INDEX 1068

Insurance—Continued

U.S. Government life—Continued

Premiums—Continued

In-service ............................................................. 1924

On due date ......................................................... 1960

Total disability .................................................... 1948

Yearly renewable term ..................................................... 1956, 1958

Veterans Group Life:

Accelerated death benefit ................................................. 1980

Amount of insurance ......................................................... 1977(a)

Appropriation .................................................................... 1977(g)

Beneficiaries ...................................................................... 1977(d)

Claim .................................................................................. 1977(d)

Conversion ......................................................................... 1977(a), (e), (g)

Incontestability .................................................................. 1979

Nonparticipating company ............................................... 1977(e)

Participating company ...................................................... 1977(e)

Premiums:

Criteria ....................................................................... 1977(c)

Incompetency .............................................................. 1977(d)

Tables .......................................................................... 1971(d), (e), 1977(f)

Unpaid ........................................................................ 1977(c)

Reinstatement ................................................................... 1978

Term ................................................................................... 1977(g)

Waiver, disability .............................................................. 1977(g)

Invalid lifts ....................................................................................... 1717

Investigations ................................................................................... 5711

Irritable bowel syndrome ................................................................ 1112(b)(14)

Job counseling, employment service for veterans ......................... 4100, 7725

Coordination and nonduplication ............................................ 4110B

Judges, recall retired ....................................................................... 7257

Judicial:

Notice, VA seal ......................................................................... 302

Review, insurance .................................................................... 1984(a)

Review, loan guaranty ............................................................. 3720(a)

Review, rulemaking procedures and ....................................... 501(c), (d), 502

Jury duty, payment, excluded, parent’s dependency and indemnity compensation ........................................................................ 1315(F), (L)

Kidneys, bilateral involvement, special compensation rates ....... 1160

Korean conflict:

Defined, period of ..................................................................... 101(9)

Laundry services ............................................................................. 8122(c)

Law enforcement. (See Security.)

Laws:

Compile and publish ................................................................ 525

Cross-references ....................................................................... 5 (P.L. 85–857)

Eligibility under prior .............................................................. 1727, 2305

Legal custodians .............................................................................. 5502(a)

Leishmaniasis, including kala-azar ............................................... 1101(4)

Hansen’s disease ...................................................................... 1101(3), (4),

1112(5), 5503(d)

Leukemia .......................................................................................... 1101(3), 1112(c)(2)

Levy, exemption from ...................................................................... 5301

Line of duty ...................................................................................... 105, 1110, 1121,

1131, 1141, 1710

Loans:

Allied forces veterans, citizens of United States ................... 109(b)

Amortization ............................................................................. 3703(d)(2), 3712(d)

Amount of loan guaranty ......................................................... 3703(a)(1), (b),

3710(c), 3712

Annual submission of budget and financial information ...... 3734

Application for release of liability ........................................... 3713, 3714

Appraisals ................................................................................. 3731
Section

1069 INDEX

Loans—Continued

Assumptions:

Release of ........................................................................... 3714

Attorneys, foreclosure .............................................................. 3730

Automatic guaranty of loans:

Generally ........................................................................... 3702(d), 3703(a)(1)

Homes ................................................................................ 3710(a)

Refinancing indebtedness ................................................. 3710(a)(5)

Certificate:

Discharge ........................................................................... 3702(c)

Eligibility of ....................................................................... 3702(c)

Loan guaranty ................................................................... 3702(c)

Occupancy .......................................................................... 3704(c), 3712(e)(5)

Citizens of United States, service in allied forces ................. 109(b)

Conditions, for:

Generally ........................................................................... 3703(c)

Home .................................................................................. 3710(b)

Indebtedness, refinancing ................................................. 3710(a)(5)

Condominium housing ............................................................. 3710(a)(6)

Construction warranty ............................................................. 3705(a)

Court, foreclosure ..................................................................... 3730

Default procedure ..................................................................... 3732

Defects, structural, correction of or compensation for ........... 3732, 3727

Definitions:

Disabled veterans .............................................................. 3741(1)

Veteran, inclusion of surviving spouse and spouse of

POW ................................................................................ 3701(a)(2), (3)

Veterans of the Vietnam era ............................................ 3741(2)

World War II ..................................................................... 3701(a)(1)

Deposits of downpayments, escrow ......................................... 3706

Direct:

Advances ............................................................................ 3711(f), 3711(j)(2)

Amount .............................................................................. 3711(d)(2)

Charge against guaranty entitlement ............................. 3711(d)(2)

Commitment ...................................................................... 3711(i), (j)

Custody of investments .................................................... 3711(k)

Disabled veteran ............................................................... 3711(i)

Generally ........................................................................... 3711

Interest rate ....................................................................... 3711(d)(1), 3712(f)

Origination costs ............................................................... 3711(f)

Refinanced, major disaster ............................................... 3720(f)

Repayment ......................................................................... 3711(e)

Sale of ................................................................................ 3711(g)

Discharge certificate, use as certificate of eligibility ............. 3702(c)

Discounts, paid by veteran ...................................................... 3703(c)(3)

Downpayments or deposits, escrow ........................................ 3706

Education .................................................................................. 3698, 3699

Eligibility:

Basic ................................................................................... 3702(a)

Korean conflict service ...................................................... 3702(a)

Public Health Service ....................................................... 3701(c)

Surviving spouse ............................................................... 3701(2)(b)

Vietnam era ....................................................................... 3702(a)

World War II service ......................................................... 3702(a)

Energy. (See Residential Energy Conservation.)

Entitlement:

Basic ................................................................................... 3702

Restoration of .................................................................... 3702(b), 3712(b)(2)

Use by spouse of POW ...................................................... 3702(g)

Escrow, deposit of downpayments .......................................... 3706

Fee:

Deduction from rentals ..................................................... 3720(a)

Housing loan guaranteed or insured ............................... 3729(a), (b)

Finality of decisions of the Secretary ..................................... 3720(c)
Section

INDEX 1070

Loans—Continued

Financial assistance:

Preference .......................................................................... 3748

Termination ....................................................................... 3751

Fraud, defense against ............................................................. 3721

Funds, revolving:

Veterans Housing Benefit Program Fund ....................... 3722

Guaranty:

Amount .............................................................................. 3703(a)(1), 3710(c),

3712(c)(3)

Refinancing ........................................................................ 3710(f)

U.S. liability ...................................................................... 3703(b)

Homeless veterans ................................................................... 2041

Home loans ............................................................................... 3710

Housing credit shortage area, definition ................................ 3711(b)

Incontestability of, for guaranty ............................................. 3721

Interest rate:

Authority to buy down: pilot program ............................. 3708

Direct loans ........................................................................ 3711(d)(1)

Guaranteed loans .............................................................. 3703(c)

Refinanced indebtedness, major disaster ........................ 3720(f)

Small business ................................................................... 3745

Lenders:

Federal institutions ........................................................... 3702(f)

Qualified ............................................................................ 3702(d)

Reports to Secretary ......................................................... 3702(c)

Service of loans, failure to provide .................................. 3704(d)

Liability:

Notes or other document .................................................. 3743

Veterans, release of ........................................................... 3713, 3714

United States on guaranty ............................................... 3703(b)

Lien liquidation ........................................................................ 3710(a)

Limitations of other statutes, inapplicability ........................ 3702(f)

Maturity of ................................................................................ 3703(d)(1), 3746

Minimum requirements, planning, construction, general acceptability .............................................................................. 3704(a)

Mobile homes:

Advances ............................................................................ 3712(d)(2)

Eligibility ........................................................................... 3712(a)

Inspections ......................................................................... 3712(h)

Interest rate ....................................................................... 3712(f)

Lots ..................................................................................... 3712(a), (d), (e), (3),

(h), (k)

Prior approval .................................................................... 3712(c)(1)

Refuse to guarantee .......................................................... 3712(j), 3712(k)

Report by the Secretary .................................................... 3712(l)

Sites. (See Lots.)

Standards, planning, construction, general acceptability .............................................................................. 3712(h)

Warranties ......................................................................... 3712(i)

Multifamily transitional housing for homeless veterans,

loan guarantee ...................................................................... 2051–2054

Native American direct loan program .................................... 3763

Occupancy of property by veteran .......................................... 3704(c), 3710(a),

3712(e)(5)

Plans and specification:

Availability of .................................................................... 3705(b)

Changes in ......................................................................... 3705(a)

Prior approval submissions ..................................................... 3702(e), 3712(c)(1),

3744

Property:

Management ...................................................................... 3733

Plans and specifications ................................................... 3705

Reasonable value ............................................................... 3710(b), 3712(e)(4)
Section

1071 INDEX

Loans—Continued

Property—Continued

Redemption of, subordinate liens .................................... 3720(d)

Purpose of home ....................................................................... 3710(a)

Reasonable value of property .................................................. 3710(b)

Redemption of property, subordinate liens ............................ 3720(d)

Refinancing ............................................................................... 3710(a)(9), (f)

Refinancing indebtedness, major disaster .............................. 3720(f)

Refusal to appraise ................................................................... 3704(b)

Refusal to guarantee or insure ................................................ 3704(d), 3712(h),

3712(k)

Release from liability under guaranty .................................... 3717

Report by lender ....................................................................... 3702(c)

Reporting requirements ........................................................... 3736

Residential energy conservation ............................................. 3710(a)(7),

3710(d)(4)

Restoration of entitlement ....................................................... 3703(a)(2)

Revolving funds:

Small business ................................................................... 3749

Secretary:

Annual submission of information on the veterans

housing benefit program fund and housing programs 3734

Approval:

Loans, automatic guaranty ....................................... 3702(d)

Prior approval for guaranty ...................................... 3702(c),

3712(c)(1),(2)

Compromise claims ........................................................... 3720(a)(3)

Construction standards minimum prescribed ................ 3704(a), 3712(h)(1)

Decisions, finality of .......................................................... 3720(c)

Delegate functions ............................................................. 3711(k)

Direct loan areas, designation of ..................................... 3711(b)

Investment of funds .......................................................... 3711(k)

Modification of terms, consent ......................................... 3720(a)(2)

Property:

Construction, warranties ........................................... 3705(a), 3712(h)(i)

Operate ....................................................................... 3720(a)(6)

Purchase or sell .......................................................... 3720(a)(5)

Value of, reasonable, determination ......................... 3710(b), 3712(e)

Refinancing indebtedness, major disaster ....................... 3720(f)

Refusal to appraise ........................................................... 3704(b)

Refusal to guarantee or insure loans .............................. 3704(d), 3712(j)

Sale of direct loans ............................................................ 3711(g)

Sue and be sued ................................................................ 3720(a)(1)

Waiver or release of rights ............................................... 3720(a)(4)

Security for ............................................................................... 3703(d)(3)

Set off, withholding benefit, payments ................................... 3726

Small business:

Criteria ............................................................................... 3742(a)

Financial assistance preference ....................................... 3748

Interest rates ..................................................................... 3745

Liability .............................................................................. 3743

Maturity of ......................................................................... 3746

Prior approval .................................................................... 3744

Revolving fund ................................................................... 3749

Solar heating and cooking ....................................................... 3710(a)(7), 3710(d)

Spouse of POW/MIA ................................................................. 3701(b)(3)

Standards, planning, construction, and general acceptability ..................................................................................... 3704(a), 3704(c),

3712(h)

State anti-usury provisions, exemption from ......................... 3728

Structural defects, correction of or compensation for ............ 3727

Submission for prior approval ................................................. 3702(e), 3712(c)(1),

3744

Subrogation, right of ................................................................ 3732(a)
Section

INDEX 1072

Loans—Continued

Supervised lenders ................................................................... 3702(d)

Surviving spouse ...................................................................... 3701(b)(2)

Unfair practices ........................................................................ 3704(b), 3706

Waiver of Indebtedness ............................................................ 5302(c)

Warranty of construction ......................................................... 3705(a)

Widow, unmarried, eligibility. (See Spouse.) ..........................

Widower. (See Surviving spouse.) ...........................................

Withholding, set off, benefits, payments ................................ 3726

World War II, definition .......................................................... 3701(b)(1)

Local employment service office ..................................................... 4101(7)

Loco parentis .................................................................................... 1901

Lodging temporary .......................................................................... 1708

Loiasis .............................................................................................. 1101(4)

Lymphomas ...................................................................................... 1112(c)(2)(J)

Lupus erythematosus, systemic ..................................................... 1101(3)

Mail, registered or certified, notice:

Court action, assets deceased inmates ................................... 8526

Insurance claims denial ........................................................... 1984(b)

Malaria ............................................................................................. 1101(4)

Malnutrition ..................................................................................... 1112(b)(5)

Mandamus ........................................................................................ 511(a)

Marriage:

Date ........................................................................................... 101(3), 103(b),

1102, 1304,

1532(d), 1534(c),

1536(c), 1541(f)

Legal impediment, without knowledge ................................... 103(a)

Same veteran, more than once ................................................ 103(b)

Validity, proof of ....................................................................... 103(c)

Medal of Honor Pension Roll .......................................................... 1560–1562

Medical:

Advisory group .......................................................................... 7312, 7313

Care. (See Hospital, domiciliary, medical care.)

Examinations. (See Examinations.)

Information, sharing of ............................................................ 8154

Research corporations .............................................................. 7361–7368

Medical Care Cost Recovery Fund ................................................. 1729

Medical Facilities ............................................................................. 8110

Outpatient-Clinics .................................................................... 8136(b)

Reporting of closures ................................................................ 8110(d)

Medical and surgical services .......................................... 8110(e)

Medical schools:

State. (See State medical schools.)

Affiliated:

Grants to ............................................................................ 8223

Cooperative arrangements. (See Health personnel

training.)

Officers, telephones .................................................................. 705

Resources, sharing of ............................................................... 8151, 8153

Services, includes ..................................................................... 1701(6)

Medical services ............................................................................... 1701(10)(A)

Noninstitutional extended care services ................................. 1701(10)(B)

Medical supplies and services, multi-year procurement of .......... 114

Medicine and surgery. (See Veterans Health Administration.)

Members, utilization of services of ................................................. 1718(a)

Mental illness .................................................................................. 7303(a)(2)

Mexican border period .................................................................... 101(30)

Midshipmen, active duty ................................................................. 101(21)(D), 1965

(1), 3452(a)(3)

Mileage, beneficiary travel ............................................................. 111

Military duty, disability direct result of, performance of, required for automobile .................................................................. 3901
Section

1073 INDEX

Military installations, VA employees ............................................. 701

Minority veterans, center for .......................................................... 317

Minors:

Insurance .................................................................................. 1983

Payments to .............................................................................. 1970(f), 5502(b), (d)

Misappropriation ............................................................................. 6101

Misconduct ....................................................................................... 105, 1110, 1113(a),

1131, 1151, 1521(a)

Moro Province. (Included in Spanish-American War.)

Mortgage Protection Life Insurance. (See Housing, specially

adapted.)

Mother, definition ............................................................................ 1901(4)

Moving pictures ............................................................................... 703(d)

Multiple sclerosis ............................................................................. 1101(3), 1112(4)

Multi-year procurement of medical items ..................................... 114

Mutiny .............................................................................................. 1911, 1973, 6104

Myasthenia gravis ........................................................................... 1101(3)

Myelitis ............................................................................................. 1101(3)

Myeloma, multiple ........................................................................... 1112(c)(2)(I)

Myocarditis ....................................................................................... 1101(3)

Names and addresses, confidentiality of ....................................... 5701

Naming of Department property .................................................... 531

National Cemeteries and Memorials:

Acquisition of lands .................................................................. 2406

Administration .......................................................................... 2404

Advisory Committee ................................................................. 2401

Arlington ................................................................................... 2409, 2410

Authority to accept memorials ................................................ 2407

Burial of cremated remains ..................................................... 2410

Disposition of cemeteries ......................................................... 2405

Eligibility for interment ........................................................... 2402

Establishment of National Cemetery Administration ........... 2400

Establishment of State cemeteries ......................................... 2408

Headstones, markers and burial receptacles ......................... 2306

Memorial area (see also State cemeteries) ............................. 2403, 2409

Prohibition against interment or memorialization of persons committing capital crimes ........................................... 2411

Road improvements or traffic controls ................................... 2404(f)(4)

Under Secretary for Memorial Affairs .................................... 307

National Emergency:

Health-Care Service, furnishing of ......................................... 8111A

National Guard:

Active duty for training ........................................................... 101(22), 1965

Disability prior to Federal enrollment .................................... 106(b)

Inactive-duty training .............................................................. 101(23), 1965

National Oceanic and Atmospheric Administration:

Active duty defined .................................................................. 101(21)(C)

Retired or retirement pay, waiver of ...................................... 5305

National Service Life Insurance. (See Insurance.)

Native American veterans housing loan pilot program ............... 3761–3764

Nephritis .......................................................................................... 1101(3)

Net worth limitation (pension) (see also Estate) ........................... 1522, 1543

Nondiscrimination:

Alcohol and drug abusers ........................................................ 7333

Human immunodeficiency virus patients ............................... 7333

Noninstitutional alternatives ......................................................... 1720

Non-service-connected, definition ................................................... 101(17)

Notice of disagreement and appeal:

Action to be taken by agency of original jurisdiction (see also Appeals) ......................................................................... 7105(b)(1)

Nurses recruitment and retention bonus pay ............................... 7458

Nursing home care. (Included in hospital, domiciliary, nursing,

home care, and medical care.)

Nutritional deficiency ...................................................................... 1112(b)(7)
Section

INDEX 1074

Oaths ................................................................................................ 1722, 5711, 5712

Obligatory civic duty, payment excluded:

Parents’ dependency and indemnity compensation ............... 1315(f)(1)(L)

On-job training:

Veterans education ................................................................... 3677, 3687

Onchocerciasis ................................................................................. 1101(4)

Optometrists’ services ..................................................................... 1701(6)

Organic diseases of nervous system ............................................... 1101(3)

Organizations:

Approved by the Secretary ...................................................... 5902

Canteen Service, use of ............................................................ 7803

Fees ........................................................................................... 5902(b)(1)

Penalties .................................................................................... 5904(b), 5905

Power or attorney ..................................................................... 5902(b)(2)

Representatives, recognition ................................................... 5902

Retired service personnel ........................................................ 5902(c)

Space, office facilities ............................................................... 5902(a)(2)

Oroya fever ....................................................................................... 1101(4)

Osteitis deformans ........................................................................... 1101(3)

Osteomalacia .................................................................................... 1101(3)

Outpatient treatment. (See Hospital, domiciliary, nursing home

care, and medical care.)

Outreach services program, veterans:

Assistance offices ...................................................................... 1712A, 7723(a)

Closure or relocation ......................................................... 1712A(g),

1712A(g)(3)(A)

Definitions:

Center ................................................................................ 1712A(i)

Eligible person ................................................................... 7721(b)

Other governmental programs ......................................... 7721(b)

Purpose ...................................................................................... 7721(a)

Report to Congress ................................................................... 1712A(g)(1), 7726

Services ..................................................................................... 7722

Special telephone services ....................................................... 7723(b)

Utilization of other agencies .................................................... 7725

Overcharges by educational institutions ....................................... 3690(a)

Overpayments:

Collection of .............................................................................. 1315(f), 3685(e)(1),

5301(b)

Dependency and indemnity compensation to parents ........... 1315

Waiver of ................................................................................... 5302(a)

Palsy, bulbar .................................................................................... 1101(3)

Paralysis agitans ............................................................................. 1101(3)

Parent:

Apportionment to ..................................................................... 5503(b)(2)

Compensation:

Eligibility ........................................................................... 1121, 1141

Income limitations ............................................................ 102

Definition of .............................................................................. 101(5), 1901(4),

1965(9)

Dependency and indemnity compensation:

Eligibility ........................................................................... 1310, 1315, 1316

Income limitations ............................................................ 102, 1315

Dependent ................................................................................. 102, 1315

Parking facilities ............................................................................. 8109

Patients, utilization of service of .................................................... 1718

Pay grade, determination of ........................................................... 1302

Payments:

Assignment allowed, prohibited .............................................. 5301(a)

Benefits withheld, restoration ................................................. 5309

Concurrent ................................................................................ 5304, 5305

Guardians ................................................................................. 5502(b)

Incompetents and minors ........................................................ 5503(b), 5502(b),

(d)
Section

1075 INDEX

Payments—Continued

Hospital, domiciliary, institutional care ................................. 5503

Method of, VA benefits ............................................................ 5120

Minors and incompetents ........................................................ 5502(b), (d)

Prohibited .................................................................................. 5311

Setoff allowed, prohibited ........................................................ 5301(b)

State homes .............................................................................. 1741–1743

Suspended cases ....................................................................... 5502(d)

Veterans education ................................................................... 3482, 3674

Peacetime service:

Compensation:

Additional for dependents ................................................ 1135

Eligibility ........................................................................... 1131, 1141

Presumption:

Sound condition .......................................................... 1132

Tropical disease .......................................................... 1133

Rates .................................................................................. 1134, 1142

Pellagra ............................................................................................ 1112(b)(6)

Penal institution, confinement ....................................................... 1505

Penalties:

Agents and attorneys ............................................................... 5904(b), 5905

Conflict of interest, employees, VA ......................................... 3683

False evidence ........................................................................... 1987, 6103

Forfeiture for certain acts ........................................................ 1911, 1954, 1973,

6103, 6104, 6105

Fraudulent acceptance of benefits .......................................... 6102

Misappropriation by fiduciaries .............................................. 6101

Offenses under repealed laws ................................................. 3 (P.L. 85–857)

Violations on VA property ....................................................... 901

Pension:

Accrued benefits ....................................................................... 5121, 5122

Aid and attendance .................................................................. 1502(b), 1511,

1512, 1521(d), (e),

(f)(1), 1541(d),

1717(e)(1)

Apportionment of payments .................................................... 1505, 5307, 5503(d)

Approval of schools ................................................................... 104

Assets, reports of ...................................................................... 1506

Automatic annual adjustments ............................................... 5312

Awards, effective date .............................................................. 5110

Casualty loss ............................................................................. 1315(f)(1)(I),

1503(a)(5)

Claim for, filing ........................................................................ 5101

Concurrent payments ............................................................... 5304, 5305

Confederate service .................................................................. 1532, 1533

Death:

Child:

Definition .................................................................... 101(4)

Civil War .................................................................... 1532, 1533

Confederate service .................................................... 1532, 1533

Indian wars ................................................................ 1534, 1535

Korean conflict ........................................................... 1541, 1542

Mexican border period ............................................... 1541, 1542

Spanish-American War ............................................. 1536, 1537

Vietnam era ................................................................ 1541, 1542

World War I ................................................................ 1541, 1542

World War II .............................................................. 1541, 1542

Claim considered for other benefits ................................. 5101(b), (c)

Surviving spouse:

Eligibility .................................................................... 101(3), 101(31),

102(b), 103, 1532,

1534, 1536, 1541

Civil War .................................................................... 1532

Confederate service .................................................... 1532
Section

INDEX 1076

Pension—Continued

Death—Continued

Surviving spouse—Continued

Indian wars ................................................................ 1534

Korean conflict ........................................................... 1541

Mexican border period ............................................... 1541

Spanish-American War ............................................. 1536

Vietnam era ................................................................ 1541

World War I ................................................................ 1541

World War II .............................................................. 1541

Definition .................................................................................. 101(15)

Disability, 20 or more years ratings ....................................... 110

Disappearance .......................................................................... 1507

Discharge, type of ..................................................................... 101(2)

Discontinuance, effective date ................................................. 5112

Election of benefits:

Indian War veterans ......................................................... 1511(c)

Parents, same line of parentage ...................................... 5304(b)(2)

Retired or retirement pay, waiver ................................... 5305

Spanish-American War veterans ..................................... 1512(a)(3)(A)

Spanish-American War surviving spouses ...................... 1536(d)(1)

Women’s Army Auxiliary Corps ....................................... 106(a)(2)

Estate, corpus, use for maintenance ....................................... 1522, 1543

Health-care eligibility .............................................................. 1525

Hospital, domiciliary, institutional care ................................. 5503(d)

Housebound, permanently ....................................................... 1502(c), 1521(e),

1541(e)

Income, determination ............................................................. 1521(h)

Income, what constitutes ......................................................... 1503

Incompetent veteran, benefits withheld ................................. 5503

Increase, effective date ............................................................ 5111

Invalid lifts and other devices ................................................. 1717

Medal of Honor roll .................................................................. 1560–1562

Net worth limitation ................................................................ 1522, 1543

Non-service-connected disability ............................................. 1521

Overpayment, adjustment ....................................................... 1506

Payments of, excluded from income ........................................ 1503(a)

Penal institution, confinement ................................................ 1505

Permanent and total disability, definition ............................. 1502(a)

Permanently housebound. (See Housebound.)

Persons heretofore having pensionable status ....................... 1504

Protected cases:

Claims pending .................................................................. 9 (P.L. 85–857),

306 (P.L. 95–588)

Claims within year from death ........................................ 5110

Disability, total, 20 or more years ................................... 110

New recipients ................................................................... 1524

Pensionable status prior to this act ................................. 1504

Prior laws, entitlement under .......................................... 10 (P.L. 85–857),

306 (P.L. 95–588)

Protection, health-care eligibility ............................................ 1524

Rates:

Child:

Civil War veteran, of ................................................. 1533

Confederate service veteran, of ................................. 1533

Indian War veteran, of .............................................. 1535

Period of War veteran, of .......................................... 1542

Spanish-American War veteran, of .......................... 1537

Surviving spouse:

Civil War veteran, of ................................................. 1532

Confederate service veteran, of ................................. 1532

Indian War veteran, of .............................................. 1534

Period of war veteran, of ........................................... 1541

Spanish-American War veteran, of .......................... 1536
Section

1077 INDEX

Pension—Continued

Rates—Continued

Veteran:

Mexican border period, of .......................................... 1521(g)

Period of war, of ......................................................... 1521

Spanish-American War, of ........................................ 1512

World War I, of .......................................................... 1521(g)

Ratings, combining of service-connected and non-serviceconnected disabilities ............................................................ 1523

Reduction, effective date .......................................................... 5112

Regular aid and attendance .................................................... 1502(b), 1511,

1512, 1521(d)–(f),

1541(d), (e), 1717

Renouncement of rights ........................................................... 5306

Resources, reports of ................................................................ 1506

Retired or retirement pay, waiver of ...................................... 5305

Rounded down .......................................................................... 5123

Service ....................................................................................... 1511, 1512

Service, days of ......................................................................... 1511(b), 1512,

1521(j), 1532(c)

Surgeon’s certificate of disability ............................................ 1532(c)

Termination of .......................................................................... 1524

Unpaid at death ....................................................................... 5121, 5122

Vocational earnings, temporary program ............................... 1524

Waiver of overpayments .......................................................... 5302

Willful misconduct .................................................................... 1521(a)

Period of war, definition .......................................................... 101(11), 1101(2),

1701(3)

Peptic ulcer disease ......................................................................... 1112(b)(15)

Periodic monetary benefits ............................................................. 1508, 5121(a)

Peripheral neuropathy .................................................................... 1112(b)(13)

Personal effects, loss of by fire ....................................................... 1726

Personal property, damaged or destroyed ..................................... 703(e)

Personal services ............................................................................. 513

Philippines:

Education, child’s assistance ................................................... 3523(e), 3532(d),

3565(b)(1), 3680(a)

Guerrilla forces ......................................................................... 107(a)

Hospital and medical care:

Commonwealth Army veterans ........................................ 1731–1734

Contracts ............................................................................ 1724(c), 1732

Grants ................................................................................ 1732

Outpatient care ................................................................. 1724(e)

Regulations ........................................................................ 1733

United States veterans ..................................................... 1724(b), 1732

Veterans Memorial Medical Center ................................. 1724(c), 1732

Limitation of benefits:

Commonwealth Army veterans ........................................ 107(a), 3565(b)(1)

Scouts ................................................................................. 107(b), 3565(b)(1)

Offices ........................................................................................ 315(b)

VA employees, benefits ............................................................ 707

Philippine Insurrection. (Included in Spanish-American War.)

Physicians and Dentists:

Special pay ................................................................................ 7431–7440

Pilot programs ................................................................................. 1720C, 1761–1763,

8155

Pinta ................................................................................................. 1101(4)

Plague ............................................................................................... 1101(4)

Police officers. (See Employees, VA.) .............................................

Policy, insurance. (See Insurance.) .................................................

Power of attorney:

Agents and attorneys ............................................................... 5301(a), 5902(b)(2),

5903(2)
Section

INDEX 1078

Power of attorney—Continued

Particular claims ...................................................................... 5903

Representatives of organizations ............................................ 5902(a)(1), (2)

Preexisting injury or disease, aggravation of ................................ 1110, 1153

Premiums, insurance. (See Insurance.)

Presumption:

Death ......................................................................................... 108

Psychosis, hospital care ........................................................... 1702

Rebuttable ................................................................................. 1113

Service connection .................................................................... 1112, 1116, 1117,

1118, 1133

Sound condition ........................................................................ 1111, 1132

Printing and binding, insurance .................................................... 1982

Prisoners of war:

Benefits for dependents ........................................................... 3501(b)(1),

3701(b)(3)

Disease presumptions .............................................................. 1112(b)

Procurement and supply:

Common services ...................................................................... 8122(c)

Condemnation ........................................................................... 8122(b)

Contract services ...................................................................... 513, 7409

Fund, revolving ......................................................................... 8121

Gifts, donations ........................................................................ 8301–8305

Health-care items ..................................................................... 8125

Hospitalization, contracts for .................................................. 109(a)(2), 1701(4),

8106

Motor vehicles, lease of ............................................................ 513

Multiyear procurement for certain medical items ................. 114

Personal services ...................................................................... 513

Property, acceptance of ............................................................ 8122

Prosthetic appliances ............................................................... 1712(d), 8123

Reduced-fare requests .............................................................. 111(d)

Scarce medical specialist services ........................................... 7409

Supplies and equipment .......................................................... 8111(a), 8121(a)

Telephone service, medical officers ......................................... 705

Transcripts, trial records ......................................................... 5704

Veterans’ Canteen Service. (See Canteen Service, Vet- erans’.)

Visual educational equipment ................................................. 703(d)

Program:

Computer matching .................................................................. 3684A

Coordination ............................................................................. 523

Education, definition ................................................................ 3452(b), 3202(2),

3501(a)(5)

Evaluation and data collection ................................................ 527

Independent living service and assistance ............................. 3109, 3120

Property:

Employees:

Damaged or destroyed ...................................................... 703(e)

Reimbursement for ........................................................... 703(e)

Procurement. (See Procurement and supply.)

Profit from disposition, excluded as income, pension ............ 1503(a)(6)

Security and law enforcement on VA property ...................... 901

Department facility:

Death while inmate:

Assets, residual .......................................................... 8524

Claims after sale ........................................................ 8523, 8526

Contract for disposition presumed ........................... 8521

Court actions .............................................................. 8525

Disposition .................................................................. 8521

Notice of law ............................................................... 8527

Sale ............................................................................. 8522

Sentimental value, articles of ................................... 8522

Vesting ........................................................................ 8520
Section

1079 INDEX

Property—Continued

Department facility—Continued

Decedent’s personal:

Agreement for disposition ......................................... 8503

Claims after sale ........................................................ 8502(e)

Decisions, finality of .................................................. 8510

Disposition .................................................................. 8502–8505

Estates, jurisdiction ................................................... 8508

Notice of law ............................................................... 8503

Sale ............................................................................. 8502, 8505, 8506

Shipping charges ........................................................ 8507

Vesting ........................................................................ 8501(a)

Security and law enforcement on VA property ...................... 901

Unclaimed on premises:

Agreement for distribution ........................................ 8504

Claims after sale ........................................................ 8502(e)

Decisions, finality of .................................................. 8510

Disposition .................................................................. 8502–8505

Notice of law ............................................................... 8503

Sale ............................................................................. 8502, 8505, 8506

Shipping charges ........................................................ 8507

Veterans’ Canteen Service. (See Veterans’ Canteen Service.)

Prosthetic appliances:

Allied forces, veterans .............................................................. 109

Fitting and training ................................................................. 1714

Furnishing ................................................................................ 1712, 3104

Manufacture ............................................................................. 1712(d)

Mechanical or electronic equipment for blind ........................ 1714(b)

Procurement ............................................................................. 1712(d), 8123

Repair or replacement ............................................................. 1719

Protected cases ................................................................................ 1159, 9–12 (P.L.

85–857), 9(b) (P.L.

86–211), 10 (P.L.

88–664), 306 (P.L.

95–588)

Protection, health-care eligibility ................................................... 1525

Protection of patients’ rights .......................................................... 7331–7334

Provisional acceptance .................................................................... 106(b)

Psychoses .......................................................................................... 1101(3), 1112(b)(8),

1702

Public Health Service:

Active duty, defined ................................................................. 101(21)(B),

1965(1)(B)

Active duty, for training .......................................................... 101(22)(B),

1965(2)(B)

Coordination of programs ........................................................ 8201

Inactive duty training .............................................................. 101(23), 1965(3)(A)

Retired or retirement pay, waiver of ...................................... 5305

Purpura idiopathic, hemorrhagic ................................................... 1101(3)

Rates:

Apprenticeship, on-job training ............................................... 3687(c)

Compensation. (See Compensation.)

Dependency and indemnity compensation. (See Dependency

and indemnity compensation.)

Educational assistance ............................................................. 3231, 3482, 3492,

3532, 3542, 3565,

3686, 3687

Insurance premiums. (See Insurance.)

Pension. (See Pension.)

Protected ................................................................................... 10, 11 (P.L.

85–857), 306 (P.L.

95–588), 1163
Section

INDEX 1080

Rates—Continued

Reduction .................................................................................. 1163

Surviving spouses ..................................................................... 1310, 5310

Vocational subsistence ............................................................. 3104(b)

Wartime, two or more .............................................................. 1114(o)

Rating:

Combining of:

Service- and non-service-connected ................................. 1523

Wartime and peacetime .................................................... 1157

Schedule, adoption of ............................................................... 1155

Therapeutic and rehabilitation activities, participation ....... 1718(f)

Twenty years ............................................................................ 110

Raynaud’s disease ............................................................................ 1101(3)

Real property, acquisition of ........................................................... 115

Real property, transfer of ............................................................... 8122(a)(2)

Real property, enhanced–use leases of .......................................... 8161–8169

Records:

Confidentiality of ...................................................................... 5705

Copies of, furnishing ................................................................ 5702, 5703,

8223(b)(4),

8233(b)(4)

Examination of:

Veterans, education .......................................................... 3690(c)

Inspection of ...................................................................... 5701(d), 7332,

8223(b)(4),

8233(b)(4)

Trial, purchase transcripts ...................................................... 5704

Recreational equipment, facilities .................................................. 703(c), 1701(4)(c)

Recreational assistance, rehabilitative .......................................... 521

Recruitment and retention bonus pay ........................................... 7458

Redisclosure, information ............................................................... 7432(b)(2)(c)(ii)

Reduced-fare requests ..................................................................... 111(d)

Reduction of benefits ....................................................................... 5503

Refusal to wear uniform ................................................................. 1911, 1973, 5303

Regional medical education centers:

Designation of ........................................................................... 7471

Supervision and staffing of ...................................................... 7472

Personnel eligible for training in ............................................ 7473

Registered mail notices:

Court action, assets deceased inmates ................................... 8526

Insurance claims denial ........................................................... 1984(b)

Regular aid and attendance:

Compensation ........................................................................... 1114(l), (m), (r),

5503(e)

Death compensation ................................................................. 1122(b)

Dependency and indemnity compensation ............................. 1311(c)

Higher level of care .................................................................. 1114(r)

Medical ...................................................................................... 1712(h), 1717

Pension ...................................................................................... 1502(b), 1521(d),

(f), 1511(a)(2),

1511(c)(2),

1512(a)(1)(B),

1512(b)(1)(B),

1541(d)

Regulations:

Continuation ............................................................................. 7 (P.L. 85–857)

Educational Assistance Program ............................................ 7634

Philippine hospital program .................................................... 1733

Property, security ..................................................................... 901

Secretary power to make ......................................................... 501(a), (b), 1322(c),

3543(b)

Vocational rehabilitation ......................................................... 3105, 3108

Reimbursement:

Burial expenses ........................................................................ 2302–2304
Section

1081 INDEX

Reimbursement—Continued

Loss of personal effects ............................................................ 1726

Medical expenses ...................................................................... 1728

States, education ...................................................................... 3674

Relief, payments excluded, pension ............................................... 1503(a)(1)

Remarriage ....................................................................................... 101(3)

Bar removed ............................................................................. 103(d)

Renouncement of rights .................................................................. 5306

Reorganization, administrative ...................................................... 510(c)

Repealed laws:

Listed ......................................................................................... 14 (P.L. 85–857),

8(c) (P.L. 86–211),

P.L. 82–550

Reference to .............................................................................. 5 (P.L. 85–857)

Reporting fees, educational institutions ................................. 3684(b)

Reports:

Cost information ....................................................................... 116

Educational institutions .......................................................... 3685

Manufactured home program .................................................. 3712(1)

Outreach services program ...................................................... 7726

Secretary:

Annual report to Congress ............................................... 529

War orphans education, false and misleading statements ... 3690(c)

Research:

Appliances and devices ............................................................ 3904

Corporations ............................................................................. 7361–7368

Hazardous projects ................................................................... 7317

Medical ...................................................................................... 7301

Reserve component, definition ........................................................ 101(27)

Reserve Officers Training Corps:

Servicemembers’ Group Life Insurance .................................. 1965(2)(5)

Reserves. (See Armed Forces.)

Residential energy conservation measures, loans for ................... 3710(a)(7),

3710(d)(4)

Residuals, tropical-disease therapy ................................................ 1112(a)(2)

Resignation for good of service ....................................................... 5303(a)

Retirement:

Civil Service:

Canteen Service employees .............................................. 7802(5)

Veterans Health Administration ..................................... 7426

Discharge includes ................................................................... 101(18)

Retired or retirement pay:

Accrued benefits ....................................................................... 5121, 5122

Apportionment, emergency officers ......................................... 5307

Concurrent payments ............................................................... 5304, 5305

Exempt status, limited ............................................................ 5301

Hospital, domiciliary, institutional care ................................. 5503

Unpaid at death ....................................................................... 5121, 5122

Waiver of ................................................................................... 5305

Rulemaking: procedures and judicial review ................................ 502

Russia, World War I, service in ..................................................... 101(7)

Sabotage ........................................................................................... 6104

Sarcoidosis ........................................................................................ 1101(3)

Savings provisions:

Act, July 8, 1930, authority continuation ............................... 4 (P.L. 85–857)

Appropriations, continuing availability .................................. 6 (P.L. 85–857)

Burial benefits eligibility under prior laws ............................ 2305

Claims pending ......................................................................... 9 (P.L. 85–857),

306 (P.L. 95–588)

Compensable status prior to this act ...................................... 1152

Education .................................................................................. 3462(c), 1702, 604

(P.L. 92–540)

Emergency officers’ retirement pay ........................................ 11 (P.L. 85–857)

Gifts, devises, bequests ............................................................ 8305
Section

INDEX 1082

Savings provisions—Continued

Insurance .................................................................................. 1988, 2–6 (P.L.

85–857), 9, 10 (P.L.

85–857)

Rights and liabilities matured under Public Law

82–550 ............................................................................ 4 (P.L. 89–358)

Laws repealed:

Korean veterans education ............................................... P.L. 89–358

Listed ................................................................................. 14 (P.L. 85–857),

8(c) (P.L. 86–211)

References to ..................................................................... 5 (P.L. 85–857)

Medical care, eligibility under prior laws ............................... 1727

Mustering out payments .......................................................... P.L. 89–50

Penalties, offenses under repealed laws ................................. 3 (P.L. 85–857)

Pensionable status prior to this act ........................................ 1504, 306 (P.L.

95–588)

Prior laws:

Entitlement under ............................................................. 12 (P.L. 85–857),

9(a) (P.L. 86–211),

10 (P.L. 86–664),

306 (P.L. 95–588)

Receipt under .................................................................... 10 (P.L. 85–857),

9(b) (P.L. 86–211),

10 (P.L. 88–664),

306 (P.L. 95–588)

Regulations, etc., continuation of ............................................ 7 (P.L. 85–857)

Schedule of ratings, adoption of ..................................................... 1155

Schistosomiasis ................................................................................ 1101(4)

Schools, approval of ......................................................................... 104

Scleroderma ..................................................................................... 1101(3)

Sclerosis:

Amyotrophic lateral ................................................................. 1101(3)

Multiple ..................................................................................... 1101(3)

Secretary:

Annual report ........................................................................... 529, 1764, 3712(1),

7726

Appointment ............................................................................. 303

Attorney General opinions ....................................................... 505

Authority:

Act of July 3, 1930, continuation ..................................... 4 (P.L. 85–857)

Correct administrative error ............................................ 503(a)

Delegation and redelegation of ........................................ 512(a), 3711(k),

5711, 7802(10)

General ............................................................................... 303, 501–503, 505,

510–513, 515, 3561

Issuance of subpenas ........................................................ 5711

Regulations:

Continuation of .......................................................... 7 (P.L. 85–857)

Judicial review ........................................................... 502(c), 7261(a)

Power to make ............................................................ 501(a), 3543(b)

Procedures .................................................................. 703

Contracts, agreements for services ......................................... 513, 1781(b), 3485,

7409, 7802(6), 8112

Counseling ................................................................................ 3463, 3520, 3561

Courses, approval of, disapproval ........................................... 3473, 3483, 3491,

3523, 3535, 3536,

3672, 3675, 3676

Decisions, finality of ................................................................. 108(c), 511(a),

1985, 3720(c), 8510

Defined ...................................................................................... 101(1)

Equal employment responsibilities ......................................... 516

Funeral expenses ...................................................................... 2302, 2303

Funeral flag .............................................................................. 2301

Laws, compile and publish ...................................................... 525(a)
Section

1083 INDEX

Secretary—Continued

Lease motor vehicles:

Aircraft ............................................................................... 513

Regulations:

Continuation of .................................................................. 7 (P.L. 85–857)

Power to make ................................................................... 510(a), 3543(b)

Vocational rehabilitation .................................................. 3105(c), 3108(d)

Reports:

Annual report to Congress ............................................... 529, 1764, 3712(1),

7726

Response to weapons of mass destruction ...................... 530

Settlement of tort claims .................................................. 515

Transportation of employees ................................................... 703

Schools, approval of, disapproval ............................................ 104

Staff ........................................................................................... 512(b)

Uncompensated services, acceptance of .................................. 513

Vocational rehabilitation training and facilities .................... 3111

Security:

Fines .......................................................................................... 901(c)

Firearms .................................................................................... 902(b)

Imprisonment ........................................................................... 901(c)

Penalties .................................................................................... 901(b)

Police officers ............................................................................ 902(a)

Protection of persons and property ......................................... 901(a)

Regulations:

Authority of police officers ................................................ 902(b)

Attorney General ............................................................... 901(e), 902(d)

Maintenance of law and order ......................................... 901(a)

Use of government facilities and services .............................. 905

Weapons .................................................................................... 902(b), 904

Seeing-eye dogs ................................................................................ 1714

Seizure, exemption from ................................................................. 5301

Sequestration, treatment of certain programs .............................. 113

Seriously mentally ill veterans ....................................................... 2031–2034

Service-connected:

Death:

Compensation .................................................................... 1121, 1141

Dependency and indemnity compensation ...................... 1310

Definition .................................................................................. 101(16)

Disability, Philippine Army veterans ..................................... 1734

Service connection:

Aggravation of preexisting injury or disease ......................... 1153

Chronic diseases ....................................................................... 1101(3), 1112

Circumstances of service ......................................................... 1154

Disability prior to acceptance for Federal service ................. 106(b)

Discharge, travel time .............................................................. 106(c)

Hansen’s disease ...................................................................... 1112(a)(5)

Injury from training, hospitalization, treatment, or examination .................................................................................... 1151

Insurance, waiver of disability ................................................ 1922, 1957(d),

1959(a)

Multiple sclerosis ...................................................................... 1112(a)(4)

Presumption. (See Presumption.)

10 or more years ....................................................................... 1159

Training, travel time ................................................................ 106(d)

Tropical diseases ...................................................................... 1101(4), 1112(a)(2),

1133

Tuberculous disease ................................................................. 1112(a)(3)

Veterans’ Dioxin and Radiation Exposure Compensation

Standards Act ....................................................................... 1154(a)

Women’s Army Auxiliary Corps .............................................. 106(a)

Women’s Army Corps ............................................................... 106(a)

Women Veterans ...................................................................... 542
Section

INDEX 1084

Servicemembers’ Group Life Insurance. (See Insurance.) ............

Servicemen’s Indemnity:

Assignment ............................................................................... 1316(e)(1), 5301(a)

Child’s entitlement to, affecting dependency and indemnity

compensation ......................................................................... 1316(e)(3), (4)

Election of dependency and indemnity compensation ........... 1316(e)

Services:

Contracts for ............................................................................. 513, 7409

Uncompensated, acceptance of ................................................ 513

Setoff, allowed, prohibited .............................................................. 5301

Sharing:

Health-care resources .............................................................. 8153

Medical information ................................................................. 8154

Shipping charges, decedents’ property ........................................... 8507

Sickle cell anemia ..................................................................... 1751–1754

Simultaneously contested claims ............................................ 7105A

Small Business Administration courses ................................. 3452(b)

Social security:

Application, joint, with VA ...................................................... 5101, 5105

Benefits in lieu of ..................................................................... 1312

Certification of .......................................................................... 1322

Solar heating and cooling, loans for ............................................... 3710(a)(7), 3710(d)

Spanish-American War:

Outpatient treatment ............................................................... 1712(b)(1), 1712(e)

Period of .................................................................................... 101(6)

Special pay for physicians and dentists ......................................... 7431–7440

Special restorative training:

Definition .................................................................................. 3501(a)(7)

Entitlement ............................................................................... 3541, 3542 (P.L.

88–433)

Purpose ...................................................................................... 3540

Special training allowance ....................................................... 3542

Special training for the educationally disadvantaged .................. 3491, 3533

Specialized medical resources sharing ........................................... 8153

Specially Adapted Housing. (See Housing.)

Speech, loss of:

Additional compensation ......................................................... 1114(k)

Insurance .................................................................................. 1914, 1958

Spouse .............................................................................................. 101(31)

Spying, insurance forfeiture ........................................................... 1911, 1923

Standard college degree, defined .................................................... 3452(g),

3501(a)(11)

State approving agencies ................................................................ 3671, 3672, 3673,

3675, 3676, 3677,

3678, 3687

State bonus. (See Bonus.)

State cemeteries, grants for ............................................................ 2408

State, defined ................................................................................... 101(20)

State home definition ...................................................................... 101(19)

State homes:

Eligibility, determination of .................................................... 1743

Effective date of payments ...................................................... 1743

Inspection of .............................................................................. 1742(a)

Management or control ............................................................ 1742(b)

Nursing home care ................................................................... 1741(a)(2)

Payments to .............................................................................. 1741–1743

State home construction grants .............................................. 8131–8137

State medical schools:

Establishment of ...................................................................... 8211

Pilot program:

Leasing of VA facilities to ................................................ 8213(a)(1)

Extension, alteration, remodeling of VA facilities .......... 8213(a)(1)

Cost of salaries .................................................................. 8213(a)(2)

Standards and administration ......................................... 8213(b)
Section

1085 INDEX

State medical schools—Continued

Pilot program—Continued

Limitations ........................................................................ 8214

State representative, employment service for veterans ............... 4103

Statement of the case:

Content ...................................................................................... 7105(d)

Prohibition against presumption of agreement ..................... 7105(d)(4)

Time limit for replying to ........................................................ 7105(d)(3)

Statements, false or misleading ..................................................... 3690(d)

Stepchild ........................................................................................... 1901(3), 101(4)(A)

Stepparents ...................................................................................... 1901(4)

Subpena ............................................................................................ 1984(c), (f)

Subsistence allowance:

Accrued amounts ...................................................................... 5121, 5122

Advance payment ..................................................................... 3680(d)

Apportionment .......................................................................... 5307

Prepayment ............................................................................... 3680(e)

Vocational rehabilitation ......................................................... 3108

Subversive activities ........................................................................ 6105

Suits. (See Courts.)

Supply. (See Procurements and supply.)

Surviving spouse:

Benefits at DIC rates ............................................................... 1310(a)

Compensation eligibility .......................................................... 101(3), 103, 1102,

1121, 1141

Definition .................................................................................. 101(3), 101(31),

102(b), 1901(2),

1965(7)

Dependency and indemnity compensation, eligibility ........... 1304, 1310, 1316

Educational benefits, eligibility for ......................................... 3501(a)

Employment assistance and preference ................................. 4101

Loans, eligibility ....................................................................... 3701(b)(3)

Marriage:

Date .................................................................................... 103(b), 1102, 1304,

1532(d), 1534(c),

1536(c), 1541(f)

Legal impediment, without knowledge ........................... 103(a)

Same veteran, more than once ......................................... 103(b)

Validity, proof of ................................................................ 103(c)

Minor, payment to .................................................................... 1970(f), 5502(b)

Pension:

Eligibility ........................................................................... 101(3), 103, 1532,

1534, 1536, 1541

Income, determination ...................................................... 1503

Net worth, limitation ........................................................ 1543

Remarriage or ostensible remarriage as bar .......................... 101(3)

Bar removed ...................................................................... 103(d)

Syringomyelia .................................................................................. 1101(3)

Taxation, exemption from ............................................................... 1970(g), 5301,

7636, 8167

Telecaptioning television decoders ................................................. 1717(b)

Telephone service, medical officers ................................................ 705

Therapeutic and rehabilitative activities ...................................... 1718

Thromboangiitis obliterans (Buerger’s disease) ............................ 1101(3)

Tobacco, furnishing of ..................................................................... 1715

Tobacco products, restriction on compensation for health effects

of .................................................................................................... 1103

Tolls, bridge, road and tunnel ........................................................ 111(a)

Training establishment ................................................................... 3452(e)

Training, on the job ......................................................................... 3501(a)(9), 3677,

3687

Transcript, trial records .................................................................. 5704

Translators ....................................................................................... 513
Section

INDEX 1086

Transportation:

Body ........................................................................................... 2302, 2303

Employees, emergencies .......................................................... 703(f)(1)

Schoolchildren ........................................................................... 703(b)

Travel authorized:

Active duty ................................................................................ 101(21)(E), 106(c),

(d)

Active duty for training ........................................................... 101(22)(E), 106(d)

Inactive duty training .............................................................. 106(d)

Travel expenses:

Allied forces, veterans .............................................................. 109(a)

Attendants ................................................................................ 111(c)

Attorneys, VA ........................................................................... 1984(d)

Counseling ................................................................................ 111(a), (6)

Consultants ............................................................................... 522(b)

Employees, VA .......................................................................... 1984(d)

Employment service for veterans ............................................ 4102

Examination, treatment, or care ............................................. 111(a), (b)

Vocational rehabilitation ......................................................... 111(a), (b)

Treason ............................................................................................. 1911, 1973, 6104

Treatment. (See Hospital, domiciliary and medical care.)

Trial records, purchase transcripts ................................................ 5704

Trial work periods ........................................................................... 1163

Tropical disease:

Defined ...................................................................................... 1101(4)

Presumptions ............................................................................ 1112(a)(2), 1133,

1137

Trusses ............................................................................................. 1712(d)

Trust funds:

Incompetent beneficiaries ........................................................ 5504

National Service Life Insurance .............................................. 1920, 1921,

1924(b), 1986,

5302(e)

Personal funds of patients ....................................................... 5504

United States Government life ............................................... 1924(b), 1955,

1957, 1986, 5302(e)

Tuberculosis:

Active ......................................................................................... 1101(3), 1112(a)(3)

Tumors, malignant .......................................................................... 1101(3)

Two programs, limitation on educational benefits under ............ 3695

Ulcers, peptic ................................................................................... 1101(3)

Unemployment and underemployment, alleviating of ................. 4100(1)

Unemployment benefits for veterans: Repeal and savings provisions .............................................................................................. (Ch. 41 Note)

Uniform, refusal to wear ................................................................. 1911, 2973, 5303

United Spanish-American War Veterans, representatives of ...... 5902

United States Court of Appeals for Veterans Claims:

Administrative costs, defrayed by practice fees ..................... 7285(b)

Admission to practice ............................................................... 7263(b)

Appeals to U.S. Court of Appeals for the Federal Circuit:

Interlocutory ...................................................................... 7292(b)

Notice of ............................................................................. 7292(a)

Scope of review .................................................................. 7292

Assistance of U.S. Marshals .................................................... 7265(b)

Availability of proceedings ...................................................... 7268

Budget, not reviewable by executive branch .......................... 7282(a)

BVA findings of fact not subject to trial de novo ................... 7261(c)

Certification of records ............................................................. 7284

Composition of court ................................................................ 7253(a)

Confidential information, prevention of disclosure ............... 7268(b)(1)

Contempt of court ..................................................................... 7265

Copying records ........................................................................ 7284
Section

1087 INDEX

United States Court of Appeals for Veterans Claims—Continued

Decisions:

Finality of .......................................................................... 7252(c), 7267(d),

7291

Majority vote of panel ....................................................... 7267

Modification of ................................................................... 7291, 7292

Designation and preservation of records relied on ......... 7267(e)

Publication of ..................................................................... 7269

Requirement to state conclusions of law and determinations of fact ............................................................ 7267(a)

Review by panels and expanded panels and en banc

proceedings ..................................................................... 7267(d)

Review of ............................................................................ 7292(e)(2)

Single judge ....................................................................... 7267

Statement of ...................................................................... 7267

Definition:

Court .................................................................................. 7296(a), 7297(a)

Judge .................................................................................. 7296(a), 7297(a)

Disciplinary matters ................................................................ 7285

Disposition of fees .................................................................... 7283, 7285(b)

Employees ................................................................................. 7281

Expenditures ............................................................................. 7282

Fees:

Certification of records ..................................................... 7284

Copying .............................................................................. 7284

Disposition of ..................................................................... 7283

Defrayal of administrative costs ...................................... 7285

Filing .................................................................................. 7262

Practice .............................................................................. 7285

Registration ....................................................................... 7285

Transcript .......................................................................... 7284

Waiver of filing fee ............................................................ 7262

Finality of decisions ................................................................. 7291

Fines .......................................................................................... 7265

General Counsel to represent Secretary ................................ 7263

Imprisonment ........................................................................... 7265

Independent counsel ................................................................ 7285

Interlocutory appeal ................................................................. 7292

Judges:

Associate, salary and terms ............................................. 7253

Chief:

Salary and term of office ........................................... 7253

Powers ......................................................................... 7265, 7282

Qualifications ............................................................. 7253(b)

Removal ...................................................................... 7253(f)

Retirement .................................................................. 7296

Recall ................................................................... 7257

Limitation ............................................................ 7299

Survivor annuities ..................................................... 7297

Judicial conference:

Participation ...................................................................... 7286

Representation .................................................................. 7286

Jurisdiction ............................................................................... 7252(a)

Location of court ....................................................................... 7255

National Archives and Records Administration .................... 7267(e)

Notice of appeal ........................................................................ 292

Offices ........................................................................................ 7255

Organization ............................................................................. 7254

Panels:

Establishment of ............................................................... 7254(b)

Decisions of ........................................................................ 7267

Quorum .............................................................................. 7254(c)(2)

Vacancies in ....................................................................... 7254

Powers of the court .................................................................. 7261, 7265
Section

INDEX 1088

United States Court of Appeals for Veterans Claims—Continued

In deciding cases ............................................................... 7261

To punish contempt .......................................................... 7265

Practice fee ................................................................................ 7285

Proceedings, availability of ...................................................... 7268

Public records ........................................................................... 7268

Publication of decisions and sale of ........................................ 7269

Quorum ..................................................................................... 7254(c)

Ratings schedule, prohibition of review ................................. 7252, 7292

Registration (practice) fee ........................................................ 7285

Representation of parties:

Fee agreements ................................................................. 7263(c),d)

Rules of practice to sovern representation on appellants ................................................................................ 7263(b)

Secretary to be represented by General Counsel ........... 7263(a)

Retirement fund ....................................................................... 7298

Review of BVA decisions by U.S. Court of Appeals for Veterans Claims ......................................................................... 7252

Review of decisions of U.S. Court of Appeals for Veterans

Claims by the Federal Circuit ............................................. 7292(c)

Rules:

For review of decisions by U.S. Court of Appeals for

the Federal Circuit ........................................................ 7292(e)(2)

Rules of practice and procedure .............................................. 7264

Salaries:

Judges ................................................................................ 7253(e)

Employees .......................................................................... 7281

Scope of review ......................................................................... 7252, 7261

Seal ............................................................................................ 7254(a)

Sealed documents ..................................................................... 7268

Secretary:

Not empowered to seek review of BVA decisions ........... 7252

Findings of fact of, not subject to trial de novo .............. 7261(c)

Representative of, before the court .................................. 7263(a)

Service of process ..................................................................... 7264

Stay of proceedings .................................................................. 7292(b)

Times and places of sessions ................................................... 7256

Transcripts of records .............................................................. 7284

Treasury, to receive fees .......................................................... 7283

Trial de novo barred ................................................................. 7261(c)

U.S. Marshal ............................................................................. 7265

Venue ........................................................................................ 7255

Waiver of filing fee ................................................................... 7262

United States Government life insurance. (See Insurance.)

Venereal disease .............................................................................. 105(a)

Veteran, definition of ...................................................................... 101(2), 1101(1),

1301, 1541(h),

3701(b)(2)

Veteran of any war, definition ........................................................ 101(12), 1701(2)

Veteran of a period of war .............................................................. 1541, 1542

Veteran-student services ................................................................. 3485

Veterans Assistance Office ............................................................. 7723

Veterans Benefits Administration ................................................. 7701

Veterans’ Canteen Service. (See Canteen Service, Veterans’.)

Veterans’ Employment and Reemployment Rights:

Assistance ................................................................................. 4321

Character of service ................................................................. 4304

Conduct of investigation; subpoenas ....................................... 4326

Definitions ................................................................................. 4303

Discrimination; acts of reprisal prohibited ............................ 4311

Employment and reemployment rights in foreign countries 4319

Enforcement of rights .............................................................. 4322

Enforcement of rights with respect to a State or private

employer ................................................................................ 4323
Section

1089 INDEX

Veterans’ Employment and Reemployment Rights—Continued

Enforcement of rights with respect to certain Federal agencies ......................................................................................... 4325

Enforcement of rights with respect to Federal executive

agencies ................................................................................. 4324

Health plans ............................................................................. 4317

Outreach ................................................................................... 4333

Pension plans ............................................................................ 4318

Purposes; sense of Congress .................................................... 4301

Reemployment by certain Federal agencies ........................... 4315

Reemployment by the Federal Government ........................... 4314

Reemployment positions .......................................................... 4313

Reemployment rights ............................................................... 4312

Notification, intent to return ........................................... 4316(e)(2)

Regulations ............................................................................... 4331

Relation to other law and plans or agreements ..................... 4302

Reports ...................................................................................... 4332

Rights, benefits, and obligations of persons absent from

employment ........................................................................... 4316

Funeral honors duty ......................................................... 4316(e)(1)

Veterans’ employment representative ........................................... 4103

Veterans Health Administration:

Advance payments ................................................................... 7410

Advisory group, special medical .............................................. 7312, 7313

Appointments:

Under Secretary for Health, etc ....................................... 305, 7306

Other than physicians, dentists, nurses, podiatrists

and optometrists ............................................................ 7401(2), (3), 7408,

7405

Physicians, dentists, and nurses ...................................... 7301(1), 7405

Podiatrists and optometrists ............................................ 7305, 7401(1)

Qualifications .................................................................... 7402

Temporary, part-time, fee basis ....................................... 7405

Assistant Under Secretaries for Health ................................. 7306(a)(3)

Associate Deputy Under Secretary for Health ....................... 7306(a)(2)

Association meetings, expense of attendance ........................ 7424(a)

Centers for mental illness research, education, and clinical

activities ................................................................................ 7320

Chaplain Service, Director of .................................................. 7306(e)(1), (2)

Citizenship requirements:

Exceptions to ..................................................................... 7407(a)

General ............................................................................... 7402(c)

Collective bargining ................................................................. 7422

Committee on Care of Serverely Chronically Mentally Ill

Veterans ................................................................................ 7321

Corporations expenditures, education travel ......................... 7366(d)(4)

Research ............................................................................. 7366(d)(4)

Defense of certain malpractice and negligence suits ............. 7316

Dentists:

Appointment ...................................................................... 7401(1), 7403(a)(2),

7405(a)

Employment conditions .................................................... 7421(a), (b)

Pay and grades .................................................................. 7404

Promotions ......................................................................... 7403

Qualifications .................................................................... 7402(a)(2)

Reinstatement, civil service ............................................. 7403(d)

Retirement ......................................................................... 7426

Special pay ......................................................................... 7402, 7431–7440

Deputy Chief Medical Director ................................................ 7306(a)(1)

Dietitian, chief .......................................................................... 7306(a)(6)

Director, lay, minimum salary ................................................ 7404(c)

Disciplinary boards .................................................................. 7464

Divisions .................................................................................... 7305

Employment conditions ............................................................ 7421, 7423
Section

INDEX 1090

Veterans Health Administration—Continued

Functions .................................................................................. 7301

General powers, education ...................................................... 7364

Education, funding of ........................................................ 7364(c)(1)

Flexible funding mechanisms ........................................... 7364(c)(2)

Geriatrics and gerontology advisory committee ..................... 7315

Health–care facilities ............................................................... 7314

Internship ................................................................................. 7406

Mammography quality standards ........................................... 7319

Medical advisory group ............................................................ 7312, 7313

Medical advisory group ............................................................ 7312, 7313

Medical Directors ..................................................................... 7306(a)(4)

Medical education ..................................................................... 7302

Meetings, attending ................................................................. 7424(a)

Member, utilization of services of ........................................... 1718

Nurses:

Appointment ...................................................................... 7401(1), 7403, 7405

Employment conditions .................................................... 7421, 7423

Pay and grades .................................................................. 7404, 7451–7458

Promotions ......................................................................... 7403

Qualifications .................................................................... 7402

Reinstatement, civil service ............................................. 7403(d)

Retirement ......................................................................... 7426

Nursing Service, Director ........................................................ 7306(a)(5)

Office of Chief Medical Director .............................................. 7306

Optometrist ............................................................................... 7306(a)(6)

Pay ............................................................................................. 7404, 7405

Personnel other than physicians, dentists, nurses, podiatrists and optometrists:

Appointment of .................................................................. 7306(a)(7), 7402(2),

(3), 7405

Civil service employees ..................................................... 7408

Qualifications .................................................................... 7402

Reinstatement, civil service ............................................. 7403(d)

Retirement ......................................................................... 7426

Pharmacy Service, Director ..................................................... 7306(a)(6),

7402(a)(7)

Patients, utilization of services of ........................................... 1718

Physical therapists, etc ............................................................ 7402(a)(10)

Physicians:

Appointment ...................................................................... 7401(1), 7403, 7405

Employment conditions .................................................... 7421, 7423

Pay and grades .................................................................. 7404

Promotions ......................................................................... 7403

Qualifications .................................................................... 7402

Reinstatement, civil service ............................................. 7403(d)

Retirement ......................................................................... 7426

Special pay ......................................................................... 7431–7440

Telephone service .............................................................. 705

Promotions ................................................................................ 7403

Qualifications ............................................................................ 7402, 7405

Regulations ............................................................................... 7304, 7421

Reimbursement ........................................................................ 7411

Reinstatement, civil service ..................................................... 7403(d)

Residencies ................................................................................ 7405

Retiresment .............................................................................. 7426

Veterans of Foreign Wars, representatives of ............................... 5902I11Veterans

outreach service

program. (See

Outreach Services

Program.)

Veterans’ outstationing of counseling and outreach personnel ... 7724

Veterans, over age 65 ...................................................................... 523(b)
Section

1091 INDEX

Vietnam era ..................................................................................... 101(11), 1542,

1521, 3702(a)

Vision, impaired. (See Blindness.)

Visual exhibits ................................................................................. 703(d)

Vocational rehabilitation:

Absence, leaves of ..................................................................... 3110

Advance payments ................................................................... 3680(d)

Advances to veteran ................................................................. 3112

Advisory Committee ................................................................. 3692

Books ......................................................................................... 3104(a)(7)

Citizens of U.S., service in Allied Forces ................................ 109(b)

Definitions:

Vocational rehabilitation .................................................. 3101(9)

Employers, reports required of ................................................ 3108(c)(1)

Entitlement ............................................................................... 3102

Equipment ................................................................................ 3104(a)(12)

Fund, revolving ......................................................................... 3112

Hospitalized, pending discharge ............................................. 3113

Individualized written plan ..................................................... 3107

Injury during training ............................................................. 1151

Leave of absence ....................................................................... 3110

Loans to veterans ..................................................................... 3112

Medical care, trainees .............................................................. 3106

On-job training:

Payments to employers ..................................................... 3116(b)

Reduction of allowances authorized ................................ 3108(c)(1)

Reports required of employer ........................................... 3108(c)(1)

Prosthesis, trainees .................................................................. 3106

Protected cases ......................................................................... 12 (P.L. 85–857)

Purpose of ................................................................................. 3101

Recreational activities .............................................................. 521

Regulations, Secretary ............................................................. 3108

Revolving fund .......................................................................... 3112

Secretary:

Contract, training facilities .............................................. 3118, 3119(b)

Employment of consultants and additional personnel ... 3118

Leaves of absence, veterans pursuing courses ................ 3110

Promote employment and training opportunities .......... 3116

Regulations, conduct, and cooperation of veterans ........ 3111

Support development and conduct of research and special projects .................................................................... 3119

Training, suitable, prescribe and provide ....................... 3111, 3118

Utilize other Government agencies ................................. 3115

Seriously disabled time extension ........................................... 3103(c)

Studies, investigations, reports ............................................... 522

Subsistence allowance .............................................................. 3108

Supplies ..................................................................................... 3104

Time limitations ....................................................................... 3105

Training injuries, claim based on ........................................... 1151

Training outside the U.S. ........................................................ 3114

Travel expenses ........................................................................ 111

Trial work periods .................................................................... 1163

Veteran-student services ......................................................... 3485

Women’s Army Auxiliary Corps .............................................. 106(a)

Women’s Army Corps ............................................................... 106(a)

Vocational training program .......................................................... 1524

Void remarriage not a bar to surviving spouses’ benefits ............ 103(d)(1)

Waiver:

Conflict of interest, employees ................................................ 3683(d)

Insurance. (See Insurance.)

Overpayments ........................................................................... 5302(a)

Retired or retirement pay ........................................................ 5305

War periods:

Indian wars ............................................................................... 1501(1), 1701(3)
Section

INDEX 1092

War periods—Continued

Korean conflict .......................................................................... 101(9)

Mexican border period ............................................................. 101(30)

Period of war, pension ............................................................. 1501(4)

Spanish-American .................................................................... 101(6)

Vietnam era .............................................................................. 101(29)

World War I .............................................................................. 101(7), 1101(2)(A),

1501(2)

World War II ............................................................................ 101(8), 1101(2)(B),

3701(b)(1)

Wartime, compensation rates ......................................................... 1114, 1122

Welfare, payments excluded, pension ............................................ 1503(a)(1)

Wheelchairs ...................................................................................... 1712(d), 2101(a)(1)

Wife:

Educational benefits, eligibility for ......................................... 3501(a)

Employment assistance and preference ................................. 4101(5)

Willful misconduct ........................................................................... 105(a), (c), 1110,

1131, 1318(b),

1521(a)

Witnesses:

Attendance, compelling ............................................................ 1984(c), 5711

Disobedience to subpena .......................................................... 5713

Examination ............................................................................. 5711, 5712

Fees and mileage paid ............................................................. 5711

Production of evidence required .............................................. 5711

Subpena ..................................................................................... 1984(c), (f), 5711,

5713

Women’s Air Force Service Pilots .................................................. 401 (P.L. 95–202)

Women’s Army Auxiliary Corps ..................................................... 106(a)(1)

Women’s Army Corps ...................................................................... 106(a)(1)

Women’s veterans ............................................................................ 542

Women veterans, center for ............................................................ 318

World War Adjusted Compensation Act, protected cases ............ 12 (P.L. 85–857)

World War I, period of .................................................................... 101(7), 1101(2)(A),

1501(2)

World War II, period of ................................................................... 101(8), 1101(2)(B),

3701(b)(1), 1501(4)

Yaws ................................................................................................. 1101(4)

Yellow fever ...................................................................................... 1101(4)

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