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38 U.S.C. § 5308 (VETERANS’ BENEFITS)
§ 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.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3108; Pub. L. 99–576, title VII, § 701(74), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5308 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)
heading: Amendments
text: 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3108 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Pub. L. 102–40, § 402(d)(1), substituted “5309” for “3109”.
Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” and “Secretary’s” for “Administrator’s”.
1986—Subsec. (c). Pub. L. 99–576 substituted “the Administrator’s” for “his” in first sentence, and “the dependent” for “he” in second sentence.
38 U.S.C. § 5309 (VETERANS’ BENEFITS)
§ 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.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1232, § 3109; Pub. L. 97–258, § 3(k)(4), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 99–576, title VII, § 701(75), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5309 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)
heading: Amendments
text: 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3109 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in last sentence.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in last sentence.
Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in first sentence.
Pub. L. 102–40, § 402(d)(1), substituted “5308” for “3108” in two places in first sentence.
1986—Subsec. (a). Pub. L. 99–576, § 701(75)(A), substituted “such person’s” for “his” in two places.
Subsec. (b). Pub. L. 99–576, § 701(75)(B), substituted “such person” for “he”.
1982—Subsec. (a). Pub. L. 97–258 substituted “sections 3329 and 3330 of title 31” for “sections 123–128 of title 31” wherever appearing.
38 U.S.C. § 5311 (VETERANS’ BENEFITS)
§ 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 Pub. L. 91–376, § 8(b), Aug. 12, 1970, 84 Stat. 790, § 3111; renumbered § 5311, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238.)
heading: References in Text
text: Public Law 87–674, referred to in text, is Pub. L. 87–674, Sept. 19, 1962, 76 Stat. 558, which was enacted Sept. 19, 1962, and amended sections 101, 103, and 3010 [now 5110] of this title to provide for the restoration of certain widows and children to the benefit rolls upon annulment of their marriages or remarriages.
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 3111 of this title as this section.
38 U.S.C. § 5313A (VETERANS’ BENEFITS)
§ 5313A. Limitation on payment of clothing allowance to incarcerated veterans
In the case of a veteran who is incarcerated in a Federal, State, local, or other penal institution or correctional facility 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.
(Added Pub. L. 104–275, title V, § 502(a), Oct. 9, 1996, 110 Stat. 3341; amended Pub. L. 109–461, title X, § 1002(g), Dec. 22, 2006, 120 Stat. 3465.)
heading: Amendments
text: 2006—Pub. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”.
38 U.S.C. § 5313B (VETERANS’ BENEFITS)
§ 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 Pub. L. 107–103, title V, § 505(a)(1), Dec. 27, 2001, 115 Stat. 995.)
38 U.S.C. § 5317A (VETERANS’ BENEFITS)
§ 5317A. Use of income information from other agencies: independent verification required before termination or reduction of certain benefits and services
(a) Independent Verification Required.—
The Secretary may terminate, deny, suspend, or reduce any benefit or service specified in section 5317(c), with respect to an individual under age 65 who is an applicant for or recipient of such a benefit or service, by reason of information obtained from the Secretary of Health and Human Services under section 453(j)(11) of the Social Security Act, only if the Secretary takes appropriate steps to verify independently information relating to the individual’s employment and income from employment.
(b) Opportunity to Contest Findings.—
The Secretary shall inform each individual for whom the Secretary terminates, denies, suspends, or reduces any benefit or service under subsection (a) of the findings made by the Secretary under such subsection on the basis of verified information and shall provide to the individual an opportunity to contest such findings in the same manner as applies to other information and findings relating to eligibility for the benefit or service involved.
(c) Source of Funds for Reimbursement to Secretary of Health and Human Services.—
The Secretary shall pay the expense of reimbursing the Secretary of Health and Human Services in accordance with section 453(j)(11)(E) of the Social Security Act, for the cost incurred by the Secretary of Health and Human Services in furnishing information requested by the Secretary under section 453(j)(11) of such Act, from amounts available to the Department for the payment of compensation and pensions.
(d) Expiration of Authority.—
The authority under this section shall expire on November 18, 2011.
(Added Pub. L. 110–157, title III, § 301(b)(1), Dec. 26, 2007, 121 Stat. 1835; amended Pub. L. 112–37, § 17(a), Oct. 5, 2011, 125 Stat. 398.)
heading: References in Text
text: Section 453 of the Social Security Act, referred to in subsecs. (a) and (c), is classified to section 653 of Title 42, The Public Health and Welfare.
heading: Amendments
text: 2011—Subsec. (d). Pub. L. 112–37 substituted “November 18, 2011” for “September 30, 2011”.
38 U.S.C. § 5318 (VETERANS’ BENEFITS)
§ 5318. Review of Social Security Administration 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 Social Security Administration 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 Social Security Administration death information referred to in subsection (a) of this section is death information available to the Secretary from or through the Commissioner of Social Security, including death information available to the Commissioner from a State, pursuant to a memorandum of understanding entered into by the Secretary and the Commissioner. 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 Pub. L. 101–508, title VIII, § 8053(b)(1), Nov. 5, 1990, 104 Stat. 1388–352, § 3118; renumbered § 5318, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 108–183, title VII, § 708(c)(4)(A), (B)(i), Dec. 16, 2003, 117 Stat. 2674.)
heading: Amendments
text: 2003—Pub. L. 108–183, § 708(c)(4)(B)(i), substituted “Social Security Administration” for “Department of Health and Human Services” in section catchline.
Subsec. (a). Pub. L. 108–183, § 708(c)(4)(A)(i), substituted “Social Security Administration” for “Department of Health and Human Services” in introductory provisions.
Subsec. (b). Pub. L. 108–183, § 708(c)(4)(A)(ii), substituted “Social Security Administration” for “Department of Health and Human Services”, “Commissioner of Social Security” for “Secretary of Health and Human Services” after “through the”, “Commissioner” for “Secretary of Health and Human Services” after “available to the”, and “the Secretary and the Commissioner” for “such Secretaries”.
1991—Pub. L. 102–40 renumbered section 3118 of this title as this section.
38 U.S.C. § 5319 (VETERANS’ BENEFITS)
§ 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 Pub. L. 102–568, title VI, § 603(b)(1), Oct. 29, 1992, 106 Stat. 4342.)
heading: References in Text
text: The Right to Financial Privacy Act of 1978, referred to in subsec. (c), is title XI of Pub. L. 95–630, Nov. 10, 1978, 92 Stat. 3697, as amended, which is classified generally to chapter 35 (§ 3401 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 3401 of Title 12 and Tables.
38 U.S.C. § 5501 (VETERANS’ BENEFITS)
§ 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.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1232, § 3201; renumbered § 5501, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 3201 of this title as this section.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
38 U.S.C. § 5504 (VETERANS’ BENEFITS)
§ 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.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1235, § 3204; Pub. L. 97–258, § 3(k)(5), Sept. 13, 1982, 96 Stat. 1065; renumbered § 5504, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 3204 of this title as this section.
Pub. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
1982—Pub. L. 97–258 substituted “section 1322(a) of title 31” for “the last proviso of subsection (a) of section 725s of title 31”.
38 U.S.C. § 5505 (VETERANS’ BENEFITS)
[§ 5505. Repealed. Pub. L. 103–446, title XII, § 1201(g)(4)(A), Nov. 2, 1994, 108 Stat. 4687]
text: Section, added Pub. L. 101–508, title VIII, § 8001(a)(1), Nov. 5, 1990, 104 Stat. 1388–341, § 3205; renumbered § 5505, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238, related to limitation on compensation payments for certain incompetent veterans.
38 U.S.C. § 5506 (VETERANS’ BENEFITS)
§ 5506. Definition of “fiduciary”
For purposes of this chapter and chapter 61 of this title, the term “fiduciary” means—
(1) a person who is a guardian, curator, conservator, committee, or person legally vested with the responsibility or care of a claimant (or a claimant’s estate) or of a beneficiary (or a beneficiary’s estate); or
(2) any other person having been appointed in a representative capacity to receive money paid under any of the laws administered by the Secretary for the use and benefit of a minor, incompetent, or other beneficiary.
(Added Pub. L. 108–454, title V, § 501(a)(1), Dec. 10, 2004, 118 Stat. 3617.)
heading: Effective Date
text: Section effective on the first day of the seventh month beginning after Dec. 10, 2004, see section 507(a) of Pub. L. 108–454, set out as an Effective Date of 2004 Amendment note under section 5312 of this title.
38 U.S.C. § 5508 (VETERANS’ BENEFITS)
§ 5508. Periodic onsite reviews of institutional fiduciaries
In addition to such other reviews of fiduciaries as the Secretary may otherwise conduct, the Secretary shall provide for the periodic onsite review of any person or agency located in the United States that receives the benefits payable under laws administered by the Secretary to another individual pursuant to the appointment of such person or agency as a fiduciary under section 5502(a)(1) of this title in any case in which the fiduciary is serving in that capacity with respect to more than 20 beneficiaries and the total annual amount of such benefits exceeds $50,000, as adjusted pursuant to section 5312 of this title.
(Added Pub. L. 108–454, title V, § 504(a)(1), Dec. 10, 2004, 118 Stat. 3620.)
heading: Effective Date
text: Section effective on the first day of the seventh month beginning after Dec. 10, 2004, see section 507(a) of Pub. L. 108–454, set out as an Effective Date of 2004 Amendment note under section 5312 of this title.
38 U.S.C. § 5509 (VETERANS’ BENEFITS)
§ 5509. Authority to require fiduciary to receive payments at regional offices of the Department when failing to provide required accounting
(a) Required Reports and Accountings.—
The Secretary may require a fiduciary to file a report or accounting pursuant to regulations prescribed by the Secretary.
(b) Actions Upon Failure To File.—
In any case in which a fiduciary fails to submit a report or accounting required by the Secretary under subsection (a), the Secretary may, after furnishing notice to such fiduciary and the beneficiary entitled to such payment of benefits, require that such fiduciary appear in person at a regional office of the Department serving the area in which the beneficiary resides in order to receive such payments.
(Added Pub. L. 108–454, title V, § 504(a)(1), Dec. 10, 2004, 118 Stat. 3621.)
heading: Effective Date
text: Section effective on the first day of the seventh month beginning after Dec. 10, 2004, see section 507(a) of Pub. L. 108–454, set out as an Effective Date of 2004 Amendment note under section 5312 of this title.
38 U.S.C. § 5510 (VETERANS’ BENEFITS)
§ 5510. Annual report
The Secretary shall include in the Annual Benefits Report of the Veterans Benefits Administration or the Secretary’s Annual Performance and Accountability Report information concerning fiduciaries who have been appointed to receive payments for beneficiaries of the Department. As part of such information, the Secretary shall separately set forth the following:
(1) The number of beneficiaries in each category (veteran, surviving spouse, child, adult disabled child, or parent).
(2) The types of benefit being paid (compensation, pension, dependency and indemnity compensation, death pension or benefits payable to a disabled child under chapter 18 of this title).
(3) The total annual amounts and average annual amounts of benefits paid to fiduciaries for each category and type of benefit.
(4) The number of fiduciaries who are the spouse, parent, legal custodian, court-appointed fiduciary, institutional fiduciary, custodian in fact, and supervised direct payees.
(5) The number of cases in which the fiduciary was changed by the Secretary because of a finding that benefits had been misused.
(6) How such cases of misuse of benefits were addressed by the Secretary.
(7) The final disposition of such cases of misuse of benefits, including the number and dollar amount of any benefits reissued to beneficiaries.
(8) The number of fiduciary cases referred to the Office of the Inspector General and the nature of the actions taken by the Inspector General.
(9) The total amount of money recovered by the Government in cases arising from the misuse of benefits by a fiduciary.
(10) Such other information as the Secretary considers appropriate.
(Added Pub. L. 108–454, title V, § 505(a), Dec. 10, 2004, 118 Stat. 3621; amended Pub. L. 111–275, title X, § 1001(l), Oct. 13, 2010, 124 Stat. 2897.)
heading: Amendments
text: 2010—Pub. L. 111–275, § 1001(l)(1), substituted “following:” for “following: —” in introductory provisions.
Par. (9). Pub. L. 111–275, § 1001(l)(2), substituted “Government” for “government”.
heading: Effective Date
text: Section effective Dec. 10, 2004, see section 507(b)(1) of Pub. L. 108–454, set out as an Effective Date of 2004 Amendment note under section 5312 of this title.