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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: Editorial Notes
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. § 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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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. § 5501A (VETERANS’ BENEFITS)
§ 5501A. Beneficiaries’ rights in mental competence determinations
The Secretary may not make an adverse determination concerning the mental capacity of a beneficiary to manage monetary benefits paid to or for the beneficiary by the Secretary under this title unless such beneficiary has been provided all of the following, subject to the procedures and timelines prescribed by the Secretary for determinations of incompetency:
(1) Notice of the proposed adverse determination and the supporting evidence.
(2) An opportunity to request a hearing.
(3) An opportunity to present evidence, including an opinion from a medical professional or other person, on the capacity of the beneficiary to manage monetary benefits paid to or for the beneficiary by the Secretary under this title.
(4) An opportunity to be represented at no expense to the Government (including by counsel) at any such hearing and to bring a medical professional or other person to provide relevant testimony at any such hearing.
(Added Pub. L. 114–255, div. B, title XIV, § 14017(a), Dec. 13, 2016, 130 Stat. 1307.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 114–255, div. B, title XIV, § 14017(c), Dec. 13, 2016, 130 Stat. 1307, provided that: “Section 5501A of title 38, United States Code, as added by subsection (a), shall apply to determinations made by the Secretary of Veterans Affairs on or after the date of the enactment of this Act [Dec. 13, 2016].”
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: Editorial Notes
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. § 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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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.
38 U.S.C. § 5702 (VETERANS’ BENEFITS)
§ 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.
(b) The Secretary may establish a schedule of fees for copies and certification of such records.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1236, § 3302; renumbered § 5702 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)(2)(A)(xii), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 103–446, title XII, § 1201(e)(16), Nov. 2, 1994, 108 Stat. 4686.)
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–446, § 1201(e)(16)(A), (B), inserted “(a)” before “Any person desiring” and substituted “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” for “custody of the Secretary, which may be disclosed under section 5701 of this title, must make written application therefor to the Secretary, stating”.
Subsec. (b). Pub. L. 103–446, § 1201(e)(16)(C), which directed amendment of subsec. (c) by substituting “may establish” for “is authorized to fix”, was executed to subsec. (b) to reflect the probable intent of Congress, because the language sought to be amended appears in subsec. (b) and this section does not contain a subsec. (c).
1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3302 of this title as this section.
Pub. L. 102–83, § 4(a)(2)(A)(xii), which directed amendment of subsec. (a) of this section by substituting “Secretary” for “Veterans’ Administration” in two places, was executed to the undesignated first par., to reflect the probable intent of Congress.
Pub. L. 102–40, § 402(d)(1), substituted “5701” for “3301” in undesignated first par.
Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
38 U.S.C. § 5703 (VETERANS’ BENEFITS)
§ 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.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1237, § 3303; Pub. L. 99–576, title VII, § 701(78), Oct. 28, 1986, 100 Stat. 3298; renumbered § 5703, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(1), (2)(A)(xiii), Aug. 6, 1991, 105 Stat. 403.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 3303 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Veterans’ Administration” in two places and “administered by the Secretary” for “administered by the Veterans’ Administration”.
1986—Pub. L. 99–576 substituted “the veteran’s” for “his”.
38 U.S.C. § 5704 (VETERANS’ BENEFITS)
§ 5704. Transcript of trial records
The Secretary may purchase transcripts of the record, including all evidence, of trial of litigated cases.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1237, § 3304; renumbered § 5704, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 3304 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator”.
38 U.S.C. § 5711 (VETERANS’ BENEFITS)
§ 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.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1237, § 3311; renumbered § 5711, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–54, § 14(d)(5)(A), June 13, 1991, 105 Stat. 286.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 3311 of this title as this section.
Pub. L. 102–54 amended section as in effect immediately before the enactment of Pub. L. 102–40 by substituting “subpoenas” for “subpenas” in section catchline and amending text generally. Prior to amendment, text read as follows: “For the purposes of the laws administered by the Veterans’ Administration, the Administrator, and those employees to whom the Administrator may delegate such authority, to the extent of the authority so delegated, shall have the power to issue subpenas for and compel the attendance of witnesses within a radius of one hundred miles from the place of hearing, to require the production of books, papers, documents, and other evidence, to take affidavits, to administer oaths and affirmations, to aid claimants in the preparation and presentation of claims, and to make investigations and examine witnesses upon any matter within the jurisdiction of the Veterans’ Administration. Any person required by such subpena 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.”
38 U.S.C. § 5712 (VETERANS’ BENEFITS)
§ 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.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1237, § 3312; renumbered § 5712, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 3312 of this title as this section.
Pub. L. 102–83 substituted “Department” for “Veterans’ Administration”.
38 U.S.C. § 5713 (VETERANS’ BENEFITS)
§ 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 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.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1237, § 3313; renumbered § 5713, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–54, § 14(d)(6)(A), (B), June 13, 1991, 105 Stat. 286.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 3313 of this title as this section.
Pub. L. 102–54 amended section as in effect immediately before the enactment of Pub. L. 102–40 by substituting “subpoena” for “subpena” in section catchline and in two places in text.