I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 03:38:10. Database: USCODE Search: (38:CITE) ------DocID 42679 Document 1 of 965------ -CITE- 38 USC TITLE 38 -EXPCITE- TITLE 38 -HEAD- TITLE 38 - VETERANS' BENEFITS -MISC1- THIS TITLE WAS ENACTED BY PUB. L. 85-857, SEC. 1, SEPT. 2, 1958, 72 STAT. 1105 Part Sec. I. General Provisions 101 II. General Benefits 301 III. Readjustment and Related Benefits 1401 IV. General Administrative Provisions 3001 V. Boards and Departments 4001 VI. Acquisition and Disposition of Property 5001 AMENDMENTS 1986 - Pub. L. 99-576, title VII, Sec. 702(18), Oct. 28, 1986, 100 Stat. 3302, substituted '1401' for '1501' in item relating to part III. Table Showing Disposition of All Sections of Former Title 38 --------------------------------------------------------------------- Title 38 Former Sections Title 38 New Sections --------------------------------------------------------------------- 1-3 Rep. 4 (See former 11e) 5 to 11a-3 Rep. 11b to 11c-1 Rep. 11d, 11d-1 Rep. 11e to 11l Rep. 12, 12a Rep. 13-13g Rep. 14-14e Rep. 15-15n Rep. 16-16j Rep. 17-17j Rep. 21 Rep. 23-26c Rep. 27-32a Rep. 33-39a Rep. 41-49a Rep. 50-61 Rep. 71-72a Rep. 73-77 Rep. 91-97 Rep. 101-104 Rep. 111-116 Rep. 121-125 Rep. 126 T. 18 Sec. 289 127-129 Rep. 130 T. 18 Sec. 290 131-134 Rep. 151-155a Rep. 156-168b Rep. 169-179 Rep. 191-206 Rep. 221-230 Rep. 231 (See former 179) 232 Rep. 238-238e Rep. 241-252e Rep. 253, 254 Rep. 261, 262 Rep. 264-277 Rep. 281-285 Rep. 286 (See former 325a) 287-291b Rep. 291c (See former 326b) 291d-294 Rep. 311, 311a Rep. 312-314 Rep. 321-321c Rep. 322-324a Rep. 325, 325a Rep. 326-326c Rep. 327-332 Rep. 341 (See former 33) 341a (See former 274) 341b (See former 275) 341c (See former 291b) 341d (See former 321c) 341e (See former 326c) 341f Rep. 351, 351a Rep. 352-357b Rep. 358 to 364q-1 Rep. 364h, 364j Rep. 365 to 365b-1 Rep. 365c-365h Rep. 366-370l Rep. 371-374a Rep. 375-379 Rep. 381 to 381-2 Rep. 381a-381f Rep. 391-394 Rep. 421-423 Rep. 424 753 424a-438m Rep. 439-441 Rep. 442 756 443 755 444 Rep. 445 784(a)-(h) 445a Rep. 445b 784(i) 445c Rep. 445d 784(b), (h) 446 Rep. 447 754 448-452 Rep. 453 3102 454, 454a Rep. 455-459f Rep. 460 Rep. 461 Elim. 462 (See former 557) 471 to 471a-5 Rep. 472 to 472b-1 Rep. 472c-472e Rep. 473, 473a Rep. 474-483a Rep. 484-488a Rep. 489 to 501a-1 Rep. 501b-505a Rep. 506-507b Rep. 508 Rep. 509, 509a Rep. 510 Rep. 511 741, 743, 757(a), 782 511a Rep. 512 742, 743, 744(a), (b), 745, 749- 752 512a Rep. 512b 748 512b-1 744(c) 512c 758 512d 757(c) 513 757(b) 514 Rep. 515 759(a) 516-516b Rep. 517 760 518 747 531-539 Rep. 551-555a Rep. 556, 556a Rep. 557 Rep. 571-576 Rep. 581-582c Rep. 583 Rep. 591, 592 Rep. 601-603 Rep. 611-613a Rep. 614-618e Rep. 619-623 Rep. 631, 632 Rep. 641-647a Rep. 648-650 Rep. 661-670 Rep. 681-683 Rep. 686-686c Rep. 687-687c Rep. 688-688b Rep. 691-691g Rep. 693-693g Rep. 693h T10 Sec. 1553 693i T10 Sec. 1554 694(a) 1801(a), 1802(a), (b), 1803(a)(1), (b) 694(b) 1803(b)-(d) 694(c) 1802(c) 694(d) 1802(d), (f) 694(e) 1802(d) 694(f) 1802(e) 694(g) 1803(a)(2) 694a 1810 694b 1812 694c 1813 694c-1 1822 694d 212(a), 1804(a)-(c) 694e T. 7 Sec. 1001(b)(2) 694f Rep. 694g 1816, 1817 694h 1814 694i 1815 694j 1820(a)-(c) 694k 1821 694l 1810(a), (b), 1811(a)-(j) 694m 1811(k), 1823 694n 1804(d) 694o, 694p Rep. 695 2010 695a 2011 695b 2012 695c 2013 695d Rep. 695e 2014 695f Rep. 696 to 696f-1 Rep. 696g-696m Rep. 697(a) Rep. 697(b) 616 697a, 697b Rep. 697c 101(2) 697d, 697e Rep. 697f 109(b) 697g 1510, 1824 700, 701 Rep. 701a 1502(a), (c)(2), (3), (d) 702-703c Rep. 704, 704a Rep. 705-706c Rep. 707-715a Rep. 716-729b Rep. 730-750 Rep. Vet. Reg. No. 1(a), Pts. I-VI, Rep. VIII, IX Pt. VII 217, 351, 1501-1508, 3013, 3107(c) Vet. Reg. Nos. 2-12 Rep. 801(a) Rep. 801(b) 101 801(c) Rep. 801(d)-(f) 701 802(a) 703 802(b), (c)(1) Rep. 802(c)(2) 719(b) 802(d) Rep. 802(e) 702 802(f) 704-707 802(g) 701(3), 716(b), 717(a) 802(h) 716(a), (b) 802(i) 716(d) 802(j), (k) 716(e) 802(l) 716(f) 802(m)(1) 708 802(m)(2) Rep. 802(n) 712 802(o) Rep. 802(p) 709 802(q) 703 802(r) 713 802(s) Rep. 802(t) 717(b), (c) 802(u) 717(d) 802(v)(1) 715, 719(b) 802(v)(2) 721(d) 802(w) 710 802(x) 783 802(y) Rep. 802(z) 714 803 703, 741 804 719(a) 805 720 805a 786 806 782 807 721(a)-(c) 808 210-212, 785 809 3102 810 108 811 Rep. 812 711 813 787(b) 814 3502(b) 815 787(a) 816 718 817 784(a)-(h) 818-820 Rep. 821 722(a) 822 723(a), (c) 823 724 824 781 851-858 Rep. 901 1601(c) 911 1601(a) 916 1610 917 1612 918 1613 919 1611 926 1620 927 1621 928 1622 929 1623(a), (b) 930 1624 931 1623(c) 932 1625 933 1626 941 1631 942 1632 943 1633 944 1634 951 1641 952 1642 953 1643 954 1644 955 1645 961 1651 962 1652 963 1653 964 1654 965 1655 966 1656 971(a) 1661(a) 971(b) 213 971(c) 111, 1661(b) 972 1662(a) 973 1663 974 1664 975 1665 975a Rep. 976 1666 977 1667 978 1668 979-981 Rep. 982 1669 983, 984 Rep. 991 2001 992 2002 993 2003 994 2004 995 2005 996 2006 997 2007 998 2008 999 2009 1011 2101 1012 2102 1013 2104 1014 2103 1015 2105 1016 Rep. 1031 1701(d) 1032 1701(a)-(c) 1033(a) 1761(a) 1033(b) 213 1033(c) 111, 1761(b) 1033(d) 1662(b) 1033(e) 1761(c) 1033(f) 1761(d) 1034 1762 1035 1763 1036 1764 1037 1765 1038 1766 1039 1767 1040 1768 1041-1045 Rep. 1051 1710 1052 1711 1053 1712 1054 1713 1055 1714 1061 1720 1062 1721 1063 1722 1064 1723 1065 1724 1066 1725 1067 1726 1068 1731 1069 1732 1070 1733 1071 1734 1072 1735 1073 1736 1074 1737 1081 1740 1082 1741 1083 1742 1084 1743 1101(1) 101(1) 1101(2)(A)-(C) Rep. 1101(2)(D) 403 1101(2)(E) Rep. 1101(3) 101(27) 1101(4) 101(21) 1101(5) 101(22) 101(6)(A) 101(23) 1101(6)(B) 106(d) 1101(6)(C) 101(22), (23) 1101(7) 101(4), (5) 1101(8) 101(3), 404 1101(9) 101(25) 1101(10)(A) 401(1) 1101(10)(B) 403 1101(11)(A) 402(a) 1101(11)(B) 402(b) 1101(11)(C) 402(c)(2) 1101(11)(D) 421(b) 1101(11)(E) 402(c)(1) 1101(11)(F) 421(a) 1101(12) 106(c) 1102 3005 1103(a) 412 1103(b)-(d) 422 1111 410(a) 1112 411 1113 413 1114 414 1115 415 1116 416 1117 410(a) 1118 417(b) 1119(a), (b) Rep. 1119(c) 410(b) 1119(d) 3104(b)(2) 1119(e) 101(3) 1120 Rep. 1131, 1132 Rep. 1133(a) Rep. 1133(b) 423 1133(c)-(e) Rep. 1134 Rep. 2101(1)-(9) 101(1)-(9) 2101(10) 501(1) 2101(11) Rep. 2101(12)-(18) 101(11)-(17) 2102 102(a) 2103 103(a), (b) 2104 104 2105 105 2106 101(18) 2107 102(b) 2121 111 2122 108 2123 3303 2124(a) 101(21)(D) 2124(b) 106(a) 2125 107 2126 3109 2127 109(a) 2128 110 2141-2150 Rep. 2201 201 2202 202 2210 210 2211 211, 785 2212 212 2213 214 2214 215 2215 216 2216 3304 2230 230 2231 231 2232 232 2233 233 2234 234 2235 Rep. 2301 301 2302 302 2310 310 2311 106(b) 2312 311 2313 312 2314 313 2315 314 2316 315 2321 321 2322 322 2331 331 2332 106(b) 2333 332 2334 333 2335 334 2336 335 2337 336 2341 341 2342 342 2343 343 2351 351 2352 352 2353 353 2354 354 2355 355 2356 356 2357 357 2358 358 2401 501 2402 502 2403 503 2404 504 2405 505 2410 510 2411 511 2412 512 2421 521 2422 522 2423 523 2431 531 2432(a)-(d) 532 2432(e) 501(3) 2433 533 2434 534 2435 535 2436 536 2437 537 2441 541 2442 542 2443 543 2444 544 2445 545 2460 560 2461 561 2462 562 2501 601 2502 602 2510 610 2511 611 2512 612 2513 613 2514 614 2515 615 2521 621 2522 622 2523 623 2524 624 2525 625 2526 626 2527 627 2531 631 2532 632 2533 633 2534 634 2601 801 2602 802 2603 803 2604 804 2605 805 2701 1901 2702 1902 2703 1903 2704(a) 1904 2704(b) Rep. 2705 1905 2801 901 2802 902 2803 903 2804 904 2805 905 2901 3001 2902 3002 2903 3003 2904 3004 2910 3010 2911 3011 2912 3012 2920 3020 2921 3021 2922 3022 3001 753, 3101 3002 3102 3003 3103 3004 3104 3005 3105 3006 3106 3007 3107(a), (b) 3008 3108 3101 3501 3102 3502 3103 3503 3104 3504 3201 3301 3202 3302 3211 3311 3212 3312 3213 3313 3301 4001 3302 4002 3303 4003 3304 4004 3305 4005 3306 4006 3307 4007 3308 4008 3401 4101 3402 4102 3403 4103 3404 4104 3405 4105 3406 4106 3407 4107 3408 4108 3409 4109 3410 4110 3411 4111 3412 4112 3413(a) 4113 3413(b), (c) Rep. 3414 4114 3415 4115 3501 3201 3502 3202 3503 3203 3504 3204 3601 3401 3602 3402 3603 3403 3604 3404 3605 3405 3701 5001 3702 5002 3703 5003 3704 5004 3705 5005 3711 5011 3712 5012 3713 5013 3714 5006 3715 5014 3716 213 3801 5101 3802 5102 3803 5103 3804 5104 3805 5105 3901 5201 3902 5202 3903 5203 3904 5204 3905 5205 3906 5206 3907 5207 3908 5208 3909 5209 3910 5210 3920 5220 3921 5221 3922 5222 3923 5223 3924 5224 3925 5225 3926 5226 3927 5227 3928 5228 4001 4201 4002 4202 4003 4203 4004 4204 4005 4205 4006 4206 4007 4207 4008 4208 ------------------------------- ENACTING CLAUSE Pub. L. 85-857, Sec. 1, Sept. 2, 1958, 72 Stat. 1105, provided in part: 'That the laws relating to veterans' benefits are revised, codified, and enacted as title 38, United States Code, 'Veterans' Benefits' '. EFFECTIVE DATE Pub. L. 85-857, Sec. 2, Sept. 2, 1958, 72 Stat. 1262, provided that: 'Except as otherwise provided in this Act, this Act shall take effect on January 1, 1959.' OFFENSES COMMITTED UNDER REPEALED LAWS Pub. L. 85-857, Sec. 3, Sept. 2, 1958, 72 Stat. 1262, provided that: '(a) All offenses committed and all penalties and forfeitures incurred under any of the provisions of law amended or repealed by this Act or the Veterans' Benefits Act of 1957 may be prosecuted and punished in the same manner and with the same effect as if such Acts had not been enacted. '(b) Forfeitures of benefits under laws administered by the Veterans' Administration occurring before January 1959 shall continue to be effective.' CONTINUATION OF AUTHORITY UNDER ACT OF JULY 3, 1930 Pub. L. 85-857, Sec. 4, Sept. 2, 1958, 72 Stat. 1262, provided that: 'All functions, powers, and duties conferred upon and vested in the President and the Administrator by the Act of July 3, 1930 (46 Stat. 1016) and which were in effect on December 31, 1957, are continued in effect.' -CROSS- CROSS REFERENCES Pub. L. 85-857, Sec. 5, Sept. 2, 1958, 72 Stat. 1262, provided that: '(a) References in other laws to any provision of law replaced by title 38, United States Code, shall, where applicable, be deemed to refer also to the corresponding provision of title 38, United States Code. '(b) References in title 38, United States Code, to any provision of title 38, United States Code, shall, where applicable, be deemed to refer also to the prior corresponding provisions of law. '(c) Amendments effective after August 18, 1958, made to any provision of law replaced by title 38, United States Code, shall, notwithstanding the repeal of such provision by section 14 of this Act, supersede the corresponding provisions of title 38, United States Code, to the extent that such amendments are inconsistent therewith.' -MISC7- CONTINUING AVAILABILITY OF APPROPRIATIONS Pub. L. 85-857, Sec. 6, Sept. 2, 1958, 72 Stat. 1263, provided that: '(a) Amounts heretofore appropriated to carry out the purposes of any provision of law repealed by this Act, and available on December 31, 1958, shall be available to carry out the purposes of the corresponding provisions of title 38, United States Code. '(b) The availability and use of appropriations made for the purposes of the Act of July 1, 1948 (62 Stat. 1210; 50 App. U.S.C. 1991-1996) shall not be affected by the repeal of such Act.' OUTSTANDING RULES, REGULATIONS, AND ORDERS Pub. L. 85-857, Sec. 7, Sept. 2, 1958, 72 Stat. 1263, provided that: 'All rules, regulations, orders, permits, and other privileges issued or granted by the Administrator of Veterans' Affairs before December 31, 1958, and in effect on such date (or scheduled to take effect after such date) shall remain in full force and effect until modified, suspended, overruled, or otherwise changed by the Administrator.' PUBLICATION Pub. L. 85-857, Sec. 8, Sept. 2, 1958, 72 Stat. 1263, provided that: 'This Act shall be printed in slip-law form with a table of contents and a comprehensive index and tables furnished by the Committee on Veterans' Affairs of the House of Representatives; however, such table of contents, comprehensive index and tables shall not be printed in the United States Statutes at Large.' PENDING CLAIMS Pub. L. 85-857, Sec. 9, Sept. 2, 1958, 72 Stat. 1263, provided that: 'A claim for benefits which is pending in the Veterans' Administration on January 1, 1959, or filed thereafter, shall be adjudicated under the laws in effect on December 31, 1958, with respect to the period before January 1, 1959, and, except as provided in section 10, under title 38, United States Code, thereafter.' PERSONS RECEIVING BENEFITS ON DECEMBER 31, 1958 Pub. L. 85-857, Sec. 10, Sept. 2, 1958, 72 Stat. 1263, provided that: 'Any individual receiving benefits as a veteran, or as the widow, child, or parent of a veteran, under public laws administered by the Veterans' Administration on December 31, 1958, shall, as long as entitlement under such laws continues, receive benefits under the corresponding provisions of title 38, United States Code, thereafter, or benefits at the rate payable under such public laws, whichever will result in the greater benefit being paid to the individual. The provisions of this section shall apply to those claims within the purview of section 9 in which it is determined that benefits are payable for December 31, 1958.' PERSONS ENTITLED TO EMERGENCY OFFICERS' RETIREMENT PAY ON DECEMBER 31, 1958, OR WHO FAILED TO SUBMIT APPLICATIONS PRIOR TO MAY 25, 1929 Pub. L. 85-857, Sec. 11, Sept. 2, 1958, 72 Stat. 1263, as amended by Pub. L. 87-875, Oct. 24, 1962, 76 Stat. 1198, provided that: '(a) Any person who was receiving, or entitled to receive, emergency officers' retirement pay, or other privileges or benefits as a retired emergency officer of World War I, on December 31, 1958, under the laws in effect on that day, shall, except where there was fraud, clear and unmistakable error as to conclusion of fact or law, or misrepresentation of material facts, continue, to receive, or be entitle to receive, emergency officers' retirement pay at the rate otherwise payable on December 31, 1958, and such other privileges and benefits, so long as the conditions warranting such pay, privileges, and benefits under those laws continue. '(b) Any individual who, upon application therefor before May 25, 1929, would have been granted emergency officer's retirement pay based upon 30 per centum or more disability under the Act of May 24, 1928 (45 Stat. 735), and who would have been entitled to continue to receive such pay under section 10 of Public Numbered 2, Seventy-third Congress, or under section 1 of Public Numbered 743, Seventy-sixth Congress, and who upon being placed on the emergency officers' retired list would have been paid retired pay at a monthly rate lower than the monthly rate of disability compensation then payable, shall, upon application made therefor after the date of enactment of this subparagraph (Oct. 24, 1962) to the Administrator of Veterans' Affairs, be placed upon the appropriate emergency officers' retired list, and thereafter shall be entitled to all rights, privileges, and benefits of retired emergency officers of World War I.' CONTINUATION OF CERTAIN RIGHTS AND BENEFITS Pub. L. 85-857, Sec. 12, Sept. 2, 1958, 72 Stat. 1264, as amended by Pub. L. 89-50, Sec. 1(c), June 24, 1965, 79 Stat. 173; Pub. L. 91-24, Sec. 14(a), June 11, 1969, 83 Stat. 35, provided that: '(a) (Repealed by Pub. L. 91-24, effective June 11, 1969, except as to any indebtedness which may be due the Government as the result of any benefits granted thereunder. Prior to such repeal, subsec. (a) read as follows: 'The repeal of part VIII, and paragraphs 10 and 11 of part VII, of Veterans Regulation Numbered 1(a), sections 3 and 4 of Public Law 16, Seventy-eighth Congress, and section 1507 of the Servicemen's Readjustment Act of 1944, shall not apply in the case of any veteran (1) who enlisted or reenlisted in a regular component of the Armed Forces after October 6, 1945, and before October 7, 1946, or (2) whose discharge or dismissal is changed, corrected, or modified before February 1, 1965, pursuant to section 1552 or 1553 of title 10, United States Code, or by other corrective action by competent authority.') '(b) Nothing in this Act or any amendment or repeal made by it, shall affect any right, liability, penalty, authorization or requirement pertaining to World War adjusted compensation authorized or prescribed under the provisions of the World War Adjusted Compensation Act, or the Adjusted Compensation Payment Act, 1936, or any related Act, which was in effect on December 31, 1958. '(c) (Repealed by Pub. 89-50, effective July 1, 1966. Prior to such repeal, subsec. (c) read as follows: 'Nothing in this Act, or any amendment or repeal made by it, shall deprive any person of benefits under the Mustering-Out Payment Act of 1944 to which he would have been entitled if this Act had not been enacted.') '(d) Nothing in this Act, or any amendment or repeal made by it, shall affect any right of any person based on a contract entered into before the effective date of this Act, or affect the manner in which such right could have been enforced or obtained but for this Act, or such amendment or repeal. '(e) Chapter 37 of title 38, United States Code, is a continuation and restatement of the provisions of title III of the Servicemen's Readjustment Act of 1944, and may be considered to be an amendment to such title III.' -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 5 section 8347; title 7 section 2012; title 10 sections 687, 1408, 1450, 1451, 3686, 8686; title 20 section 1070e-1; title 26 section 6103; title 29 section 1721; title 42 sections 410, 424a, 10008. PART I - GENERAL PROVISIONS Chap. Sec. 1. General 101 3. Veterans' Administration; Officers and Employees 201 PART II - GENERAL BENEFITS 11. Compensation for Service-Connected Disability or Death 301 13. Dependency and Indemnity Compensation for Service-Connected Deaths 401 15. Pension for Non-Service-Connected Disability or Death or for Service 501 17. Hospital, Nursing Home, Domiciliary, and Medical Care 601 19. Insurance 701 21. Specially Adapted Housing for Disabled Veterans 801 23. Burial Benefits 901 24. National Cemeteries and Memorials 1000 PART III - READJUSTMENT AND RELATED BENEFITS 30. All-Volunteer Force Educational Assistance Program 1401 31. Training and Rehabilitation for Veterans with Service-Connected Disabilities 1500 32. Post-Vietnam Era Veterans' Educational Assistance 1601 (33. Repealed.) 34. Veterans' Educational Assistance 1651 35. Survivors' and Dependents' Educational Assistance 1700 36. Administration of Educational Benefits 1770 37. Housing and Small Business Loans 1801 39. Automobiles and Adaptive Equipment for Certain Disabled Veterans and Members of the Armed Forces 1901 41. Job Counseling, Training, and Placement Service for Veterans 2000 42. Employment and Training of Disabled and Vietnam Era Veterans 2011 43. Veterans' Reemployment Rights 2021 PART IV - GENERAL ADMINISTRATIVE PROVISIONS 51. Claims, Effective Dates, and Payments 3001 53. Special Provisions Relating to Benefits 3101 55. Minors, Incompetents, and Other Wards 3201 57. Records and Investigations 3301 59. Agents and Attorneys 3401 61. Penal and Forfeiture Provisions 3501 PART V - BOARDS AND DEPARTMENTS 71. Board of Veterans' Appeals 4001 72. Court of Veterans Appeals (FOOTNOTE 1) 4051 (FOOTNOTE 1) So in original. Does not conform to chapter heading. 73. Department of Medicine and Surgery 4101 75. Veterans' Canteen Service 4201 76. Health Professionals Educational Assistance Program 4301 -MISC8- PART VI - ACQUISITION AND DISPOSITION OF PROPERTY 81. Acquisition and Operation of Hospital and Domiciliary Facilities; Procurement and Supply 5001 82. Assistance in Establishing New State Medical Schools; Grants to Affiliated Medical Schools; Assistance to Health Manpower Training Institutions 5070 83. Acceptance of Gifts and Bequests 5101 85. Disposition of Deceased Veterans' Personal Property 5201 AMENDMENTS 1988 - Pub. L. 100-687, div. A, title I, Sec. 103(c)(1), title III, Sec. 301(b), Nov. 18, 1988, 102 Stat. 4107, 4121, substituted 'Claims' for 'Applications' in item for chapter 51 and added item for chapter 72. Pub. L. 100-322, title II, Sec. 216(e)(2), May 20, 1988, 102 Stat. 530, added item for chapter 76. 1984 - Pub. L. 98-525, title VII, Sec. 702(a)(2), Oct. 19, 1984, 98 Stat. 2563, added item for chapter 30. 1982 - Pub. L. 97-306, title III, Sec. 301(b)(2), Oct. 14, 1982, 96 Stat. 1437, substituted '2000' for '2001' in item for chapter 41. Pub. L. 97-295, Sec. 4(1)(A), Oct. 12, 1982, 96 Stat. 1304, substituted '1500' for '1,500' in item for chapter 31. Pub. L. 97-295, Sec. 4(1)(B), Oct. 12, 1982, 96 Stat. 1304, substituted '1651' for '1650' in item for chapter 34. Pub. L. 97-295, Sec. 4(1)(C), Oct. 12, 1982, 96 Stat. 1304, added item for chapter 82. 1981 - Pub. L. 97-72, title III, Sec. 302(b)(2), Nov. 3, 1981, 95 Stat. 1059, substituted 'Housing and Small Business Loans' for 'Home, Condominium, and Mobile Home Loans' in item for chapter 37. 1980 - Pub. L. 96-466, title I, Sec. 101(b), Oct. 17, 1980, 94 Stat. 2186, substituted 'Training and Rehabilitation for Veterans with Service-Connected Disabilities . . . . . 1,500' for 'Vocational Rehabilitation . . . . . 1501' in item for chapter 31. 1976 - Pub. L. 94-581, title II, Sec. 203(a), Oct. 21, 1976, 90 Stat. 2856, inserted 'Nursing Home,' in item for chapter 17. Pub. L. 94-502, title III, Sec. 309(b), Oct. 15, 1976, 90 Stat. 2391, substituted 'Survivors' and Dependents' Educational Assistance' for 'War Orphans' and Widows' Education Assistance' in item for chapter 35. Pub. L. 94-502, title IV, Sec. 405, Oct. 15, 1976, 90 Stat. 2397, added item for chapter 32. 1974 - Pub. L. 93-569, Sec. 7(d), Dec. 31, 1974, 88 Stat. 1866, substituted 'Home, Condominium, and Mobile Home Loans' for 'Home, Farm, and Business Loans' in item for chapter 37. Pub. L. 93-508, title IV, Sec. 404(b), Dec. 3, 1974, 88 Stat. 1600, added item for chapter 43. 1973 - Pub. L. 93-43, Sec. 2(b), June 18, 1973, 87 Stat. 78, added item for chapter 24. 1972 - Pub. L. 92-540, title V, Sec. 502(b), 503(b), Oct. 24, 1972, 86 Stat. 1097, 1098, substituted ', Training and' for 'and Employment' in item for chapter 41, and added item for chapter 42. 1971 - Pub. L. 91-666, Sec. 2(b), Jan. 11, 1971, 84 Stat. 2000, substituted 'Automobiles and Adaptive Equipment for Certain Disabled Veterans and Members of the Armed Forces' for 'Automobiles for Disabled Veterans' in item for chapter 39. 1968 - Pub. L. 90-631, Sec. 2(h)(2), Oct. 23, 1968, 82 Stat. 1333, substituted 'War Orphans' and Widows' Educational Assistance. . . . .1700' for 'War Orphans' Educational Assistance. . . . .1701' in item for chapter 35. 1966 - Pub. L. 89-358, Sec. 4(c), 6(b), Mar. 3, 1966, 80 Stat. 23, 27, substituted chapter '34. Veterans' Educational Assistance. . . . .1650' for chapter '33. Education of Korean Conflict Veterans. . . . .1601' and added chapter 36; and substituted 'Job Counseling and Employment Placement Service for Veterans' for 'Unemployment Benefits for Veterans' in item for chapter 41, respectively. 1965 - Pub. L. 89-50, Sec. 1(b), June 24, 1965, 79 Stat. 173, struck out item for chapter 43 which related to mustering out payments. ------DocID 43585 Document 2 of 965------ -CITE- 38 USC APPENDIX - RULES OF COURT OF VETERANS APPEALS Rule 38 -EXPCITE- TITLE 38 APPENDIX -HEAD- Rule 38. Frivolous Appeals -STATUTE- If the Court determines that an appeal is frivolous, it may enter such order as it deems appropriate. ------DocID 12053 Document 3 of 965------ -CITE- 10 USC CHAPTER 38 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 38 -HEAD- CHAPTER 38 - JOINT OFFICER MANAGEMENT -MISC1- Sec. 661. Management policies for joint specialty officers. 662. Promotion policy objectives for joint officers. 663. Education. 664. Length of joint duty assignments. 665. Procedures for monitoring careers of joint officers. 666. Reserve officers not on the active-duty list. 667. Annual report to Congress. 668. Definitions. ------DocID 14628 Document 4 of 965------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 38 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS PRACTICE BEFORE THE COURT -HEAD- Rule 38. Signatures -STATUTE- (a) General. Except for documents filed in propria persona and those provided for in subsection (b), all original pleadings or other papers filed in a case will bear the signature of at least one counsel who is a member of this Court's Bar and who is participating in the case. The name, address, telephone number, and rank, if any, of the person signing, together with the capacity in which such counsel signs the paper will be included. This signature will constitute a certificate that the statements made in the pleading or paper are true and correct to the best of the counsel's knowledge, information, or belief, and that the pleading or paper is filed in good faith and not for the purpose of unnecessary delay. A counsel who signs a pleading 'for' some other counsel whose name is typed under such signature must, in addition, affix their own signature in a separate signature block with their own name, address, telephone number, and rank, if any, typed thereunder. (b) Exception. If the counsel signing a pleading or paper presented to the Clerk's office for filing is not a member of the Bar of this Court, the pleading or paper shall nonetheless be received as if such counsel were a member. However, within 30 days of the filing of a pleading, such counsel shall, as a prerequisite to continuing in the case as counsel of record, apply for admission to the Bar of this Court or move to appear pro hac vice under Rule 13. -SOURCE- (As amended Oct. 1, 1987.) ------DocID 15206 Document 5 of 965------ -CITE- 12 USC Sec. 38 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 38. The National Bank Act -STATUTE- The Act entitled 'An Act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof,' approved June 3, 1864, shall be known as 'The National Bank Act.' -SOURCE- (June 20, 1874, ch. 343, Sec. 1, 18 Stat. 123.) -REFTEXT- REFERENCES IN TEXT The National Bank Act, referred to in text, is act June 3, 1864, ch. 106, 13 Stat. 99, as amended. The act was incorporated into the Revised Statutes as R.S. Sec. 324 to 331, 333, 380, 563, 629, 736, 884, 885, 3473, 3475, 3651, 5133 to 5154, 5156, 5158 to 5170, 5172, 5173, 5175, 5177, 5182 to 5184, 5187, 5189, 5190 to 5192, 5195 to 5204, 5206, 5209 to 5211, 5214 to 5217, 5219 to 5222, 5224 to 5242, 5417, which are classified to sections 1 to 4, 8, 11 to 14, 21, 22 to 24, 26 to 29, 35, 39, 51, 52, 53, 54, 56, 57, 59 to 63, 66, 71, 72 to 76, 81 to 91, 93, 94, 101a, 102, 104, 107, 109, 110, 123, 124, 131 to 138, 141 to 144, 161, 165, 168 to 175, 181 to 183, 185, 186, 192 to 196, 481 to 485, 541, 544 to 546, 548, 581 and 592 of this title, section 197 of Title 19, Customs Duties, and section 543 of former Title 31, Money and Finance. See, also, sections 8, 333, 334, 471, 472, 656, and 1005 of Title 18, Crimes and Criminal Procedure, and sections 507, 1348, 1394, and 1733 of Title 28, Judiciary and Judicial Procedure. ------DocID 16868 Document 6 of 965------ -CITE- 12 USC CHAPTER 38 -EXPCITE- TITLE 12 CHAPTER 38 -HEAD- CHAPTER 38 - MULTIFAMILY MORTGAGE FORECLOSURE -MISC1- Sec. 3701. Findings and purpose. 3702. Definitions. 3703. Applicability. 3704. Foreclosure commissioner; designation, duties, etc. 3705. Prerequisites to foreclosure. 3706. Notice of default and foreclosure sale; condition and term of sale. 3707. Commencement of foreclosure; powers and duties of foreclosure commissioner or substitute. 3708. Service of notice of default and foreclosure sale. 3709. Presale reinstatement. (a) Grounds. (b) Views of Secretary. (c) Mortgage subsequent to reinstatement. (d) Subsequent foreclosures. 3710. Foreclosure sale. (a) Time of sale; public auction; location. (b) Conduct of sale. (c) Adjournment or cancellation. 3711. Foreclosure costs. 3712. Disposition of sale proceeds. 3713. Transfer of title and possession. (a) Payment and delivery of deeds. (b) Quit claim deed. (c) Possession by purchaser; continuing interests. (d) Right of redemption, right of possession. (e) Imposition of tax on conveyance to the Secretary. 3714. Record of foreclosure and sale. 3715. Computation of time. 3716. Separability. 3717. Regulations. ------DocID 17780 Document 7 of 965------ -CITE- 15 USC Sec. 80a-38 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-38. Procedure for issuance of rules and regulations -STATUTE- Subject to the provisions of chapter 15 of title 44 and regulations prescribed under the authority thereof, the rules and regulations of the Commission under this subchapter, and amendments thereof, shall be effective upon publication in the manner which the Commission shall prescribe, or upon such later date as may be provided in such rules and regulations. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 39, 54 Stat. 842.) -COD- CODIFICATION 'Chapter 15 of title 44' substituted in text for 'the Federal Register Act' on authority of Pub. L. 90-620, Sec. 2(b), Oct. 22, 1968, 82 Stat. 1305, the first section of which enacted Title 44, Public Printing and Documents. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 18536 Document 8 of 965------ -CITE- 15 USC CHAPTER 38 -EXPCITE- TITLE 15 CHAPTER 38 -HEAD- CHAPTER 38 - TRAFFIC AND MOTOR VEHICLE SAFETY -MISC1- Sec. 1381. Congressional declaration of purpose. SUBCHAPTER I - MOTOR VEHICLE SAFETY STANDARDS PART A - GENERAL PROVISIONS 1391. Definitions. 1392. Motor vehicle safety standards. (a) Establishment. (b) Applicability of administrative procedure provisions. (c) Effective date of orders. (d) Supremacy of Federal standards; allowable higher standards for vehicles used by Federal or State governments. (e) Amendment and revocation of standards. (f) Factors to be considered in prescribing standards. (g) Interstate motor carriers and carriers of explosives and other dangerous articles. (h) Issuance of initial Federal safety standards. (i) Schoolbus and schoolbus equipment safety standards; study and report to Congress. 1393. Repealed. 1394. Judicial review of orders establishing standards; additional evidence before Secretary; certified copy of transcript. (a) Review of safety standard orders. (b) Copies of transcripts. 1395. Research, testing, development, and training in traffic and vehicle safety. (a) Scope of research. (b) Grants for research. (c) Availability of developed data to the general public. 1396. Cooperation of Secretary with governmental and private agencies in developing standards. 1397. Prohibition against manufacture, sale, delivery, or importation of substandard vehicles and against rendering inoperative certain devices, elements of design or motor vehicle equipment. (a) Access to records; certificate; notification of defect; 'motor vehicle repair business' defined; exemptions from inoperation restriction; exemption of safety belt interlocks and continuous buzzers. (b) Sale or delivery of used vehicles; Federal standards for used vehicles; good faith failure to conform to Federal safety standards. (c) Motor vehicles in violation to be refused entry; exceptions; bond; fees; registration of importers; certification of compliance. (d) Defect or failure to comply imputed to certain imported motor vehicles; registered importer treated as manufacturer; evidence of financial responsibility. (e) Manufacturing completion exemption. (f) Documented personal use exemption. (g) 'Grandfather' exemption. (h) Temporary basis for personal use exemption. (i) Superannuated exemption. (j) Specified exemptions. (k) Continuation of common law liability. 1398. Civil penalties; Secretary's authority to compromise. (a) Amount of penalties. (b) Compromise of penalties. 1399. Jurisdiction of United States district courts. (a) Restraining violations of motor vehicle standards; injunction; notice; opportunity to achieve compliance. (b) Criminal contempt; trial by jury. (c) Venue. (d) Subpoenas. (e) Designation by manufacturers offering vehicle for importation of agent for service of process. 1400. Noncompliance with safety standards. (a) Repurchase from distributor or dealer of vehicle not meeting standards. (b) Civil action against manufacturer or distributor refusing to repurchase substandard vehicles; period of limitation. (c) Determination of reimbursements for required installations. 1401. Inspection and investigation: enforcement of this subchapter and rules, regulations, or orders thereunder; motor vehicle accidents. (a)(1) Results of investigations given to Secretary of Treasury or Attorney General for action; cooperation with non-Federal officials. (2) Entry into factory, warehouse, manufacturing establishment, or premises with motor vehicles or vehicular equipment; impoundment of motor vehicles; inspection with reasonable promptness. (3) Compensation to vehicle owner; 'motor vehicle accident' defined. (b) Records from manufacturers; reports from manufacturers, dealers, or distributors; inspections and examination of relevant documents; records from distributors or dealers. (c) Procedure; hearings; testimony; sessions; places; subpenas; access to and copies of documentary evidence; general or special orders for reports or answers to specific questions; contempt of court; witnesses fees and mileage; information from other Federal agencies; limitations of authority to provide information unaffected; detail of personnel. (d) Performance and technical data; supplying data to each prospective purchaser and to first purchaser. (e) Confidential information and trade secrets. 1402. Cost information. (a) Submission and evaluation. (b) Availability to public; publication in Federal Register; confidentiality of trade secrets and other confidential matter; information to committees of Congress. (c) 'Cost information' defined. (d) Rules and regulations. (e) Authority of Secretary under other provisions unaffected. 1403. Certification of conformity with motor vehicle safety standards; form and placement of certification. 1404. Omitted. 1405. Effect upon antitrust laws. 1406. Use of testing and research facilities of public agencies. 1407. Rules and regulations. 1408. Annual report to Congress; contents; recommendations. (a) Contents of report. (b) Recommendations for legislation. 1409. Authorization of appropriations. 1410. Exemption from safety standards of motor vehicles. (a) Eligibility; procedure; criteria for temporary exemption or renewal of exemption; publication of notice of decision in Federal Register. (b) Permanent labeling of exempted motor vehicle; contents; notification of dealer and first purchaser of exemption. (c) Limitation periods for exemption or renewal; reapplication for renewal. (d) Manufacturers eligible for exemptions. (e) Applications for exemptions; contents. (f) Promulgation of regulations for applications; disclosure of information contained in application. (g) 'Low-emission motor vehicle' defined. 1410a. Petitions of interested persons. (a) Requests for Secretary's commencement of proceedings. (b) Contents; factual statement; description of relief. (c) Public hearings or appropriate investigation or proceeding. (d) Time of determination; commencement of proceedings upon grant of petition; publication in Federal Register of reasons for denial of petition. (e) Additional remedies. 1410b. Occupant restraint systems. (a) Amendment of Federal motor vehicle safety standard numbered 208; effective date. (b) Federal motor vehicle safety standard requirements. (c) Federal motor vehicle safety standard promulgation procedure; rulemaking requirement; data, views or arguments: presentation opportunity; transcript; notification of Congressional committees; data, views, or arguments of Members of Congress; transmittal of standard to Congress and Congressional committees. (d) Concurrent resolution of disapproval during prescribed period; Federal motor vehicle safety standard effective upon expiration of such period. (e) Judicial review of Federal motor vehicle safety standard. (f) Definitions. PART B - DISCOVERY, NOTIFICATION, AND REMEDY OF MOTOR VEHICLE DEFECTS 1411. Notification respecting manufacturer's finding of defect or failure to comply. 1412. Notification respecting Secretary's finding of defect or failure to comply; publication in Federal Register; data, views, and arguments: presentation opportunity. (a) Notice to manufacturer of noncompliance. (b) Notice by manufacturer to public; remedy of defects. 1413. Notification respecting motor vehicle defect or failure to comply. (a) Contents of notification. (b) Time for notification. (c) Method of notification. 1414. Remedy for defect or failure to comply. (a) Manner of remedying defect or failure to comply. (b) Failure to adequately repair defect or failure to comply. (c) Filing of program for remedying defect or failure to comply with Secretary. 1415. Enforcement of notification and remedy orders. (a) Civil actions; venue; change of venue; consolidation. (b) Notification contents; liability of manufacturer. (c) Civil actions for non-notification of owners or purchasers; liability of manufacturer. (d) Orders of Secretary against manufacturer; conditions for issuance. 1416. Reasonableness of notification and remedy; hearing. 1417. Exemption for inconsequential defect or failure to comply; notice in Federal Register; data, views, and arguments: presentation opportunity. 1418. Information, disclosure, and recordkeeping; confidential information. (a) Disclosure of defects; trade secrets. (b) Purchaser records. 1419. Definitions. 1420. Effect on other laws. SUBCHAPTER II - TIRE SAFETY 1421. Labeling for pneumatic tires; required contents of label. 1422. Standards for original equipment tires; maximum permissible load standards to be met. 1423. Uniform quality grading system for motor vehicle tires; elimination of deceptive and confusing tire nomenclature. 1424. Regrooved tires. (a) Restrictions. (b) Penalties. (c) 'Regrooved tire' defined. 1425. Conflicts with orders of Federal Trade Commission. 1426. Safety standards for retreaded tires. SUBCHAPTER III - RESEARCH AND TEST FACILITIES 1431. Facilities for research and testing in traffic safety. (a) Authorization to construct; approval of plans. (b) Costs. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1920, 1988, 2002 of this title; title 18 sections 511, 512; title 42 sections 4905, 7590; title 49 section 105; title 49 App. sections 1652, 1655. ------DocID 19664 Document 9 of 965------ -CITE- 16 USC Sec. 38 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 38. Exchange for State or private lands authorized -STATUTE- The Secretary of Agriculture is authorized in his discretion to accept, on behalf of the United States, title to any lands held in private or State ownership within the townships described in section 37 of this title, and in exchange therefor may patent not to exceed an equal value of national forest land in the State of Montana, surveyed and nonmineral in character, or the Secretary of Agriculture may authorize the grantor to cut and remove not to exceed an equal value of timber within the national forests of said State, the values in each case to be determined by the Secretary of Agriculture: Provided, That before any such exchange is effected, notice of the contemplated exchange reciting the lands involved shall be published once each week for four successive weeks in some newspaper of general circulation in the county or counties in which may be situated the lands to be accepted and in some like newspaper published in any county in which may be situated any lands or timber to be given in such exchange. Timber given in exchange shall be cut and removed from national forests under the laws and regulations relating to the national forests and under the direction and supervision and in accordance with the requirements of the Secretary of Agriculture. -SOURCE- (May 26, 1926, ch. 399, Sec. 2, 44 Stat. 655; June 11, 1960, Pub. L. 86-509, Sec. 1(f), 74 Stat. 205.) -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Interior under this section, with respect to exchanges of lands held in private or State ownership for national forest lands or timber in Montana, transferred to Secretary of Agriculture, see Pub. L. 86-509, June 11, 1960, 74 Stat. 205, set out as a note under section 2201 of Title 7, Agriculture. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 37, 39, 40 of this title. ------DocID 23092 Document 10 of 965------ -CITE- 16 USC CHAPTER 38 -EXPCITE- TITLE 16 CHAPTER 38 -HEAD- CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT -MISC1- SUBCHAPTER I - GENERALLY Sec. 1801. Findings, purposes and policy. (a) Findings. (b) Purposes. (c) Policy. 1802. Definitions. SUBCHAPTER II - UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY RESOURCES 1811. United States sovereign rights to fish and fishery management authority. (a) In the exclusive economic zone. (b) Beyond the exclusive economic zone. 1812. Highly migratory species. 1813. Omitted. SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS 1821. Foreign fishing. (a) In general. (b) Existing international fishery agreements. (c) Governing international fishery agreements. (d) Total allowable level of foreign fishing. (e) Allocation of allowable level. (f) Foreign allocation report. (g) Reciprocity. (h) Preliminary fishery management plans. (i) Full observer coverage program. (j) Recreational fishing. 1822. International fishery agreements. (a) Negotiations. (b) Treaty renegotiation. (c) International fishery agreements. (d) Boundary negotiations. (e) Highly migratory species agreements. (f) Nonrecognition. 1823. Congressional oversight of governing international fishery agreements. (a) In general. (b) Referral to committees. (c) Computation of 60-day period. (d) Congressional procedures. 1824. Permits for foreign fishing. (a) In general. (b) Applications and permits under governing international fishery agreements. (c) Registration permits. 1825. Import prohibitions. (a) Determinations by Secretary of State. (b) Prohibitions. (c) Removal of prohibition. (d) Definitions. 1826. Large-scale driftnet fishing. (a) Short title. (b) Findings. (c) Policy. (d) International agreements. (e) Report. (f) Certification. (g) Effect on sovereign rights. (h) 'Living marine resources' defined. 1827. Observer program regarding certain foreign fishing. (a) Definitions. (b) Observer program. (c) Functions of observers. (d) Fees. (e) Fund. (f) Prohibited acts. (g) Regulations. SUBCHAPTER IV - NATIONAL FISHERY MANAGEMENT PROGRAM 1851. National standards for fishery conservation and management. (a) In general. (b) Guidelines. 1852. Regional Fishery Management Councils. (a) Establishment. (b) Voting members. (c) Nonvoting members. (d) Compensation and expenses. (e) Transaction of business. (f) Staff and administration. (g) Committees and panels. (h) Functions. (i) Fishery habitat concerns. (j) Procedural matters. (k) Disclosure of financial interest. 1853. Contents of fishery management plans. (a) Required provisions. (b) Discretionary provisions. (c) Proposed regulations. (d) Confidentiality of statistics. (e) Data collection programs. (f) Restriction on use of certain data. 1854. Action by Secretary. (a) Action by Secretary after receipt of plan. (b) Review by Secretary. (c) Preparation by Secretary. (d) Establishment of fees. (e) Fisheries research. (f) Fisheries under authority of more than one Council. (g) Incidental harvest research. 1855. Implementation of fishery management plans. (a) Implementation. (b) Judicial review. (c) Emergency actions. (d) Responsibility of Secretary. (e) Effect of certain laws on certain time requirements. 1856. State jurisdiction. (a) In general. (b) Exception. (c) Exception regarding foreign fish processing in internal waters. 1857. Prohibited acts. 1858. Civil penalties and permit sanctions. (a) Assessment of penalty. (b) Review of civil penalty. (c) Action upon failure to pay assessment. (d) In rem jurisdiction. (e) Compromise or other action by Secretary. (f) Subpenas. (g) Permit sanctions. 1859. Criminal offenses. (a) Offenses. (b) Punishment. (c) Jurisdiction. 1860. Civil forfeitures. (a) In general. (b) Jurisdiction of district courts. (c) Judgment. (d) Procedure. (e) Rebuttable presumptions. 1861. Enforcement. (a) Responsibility. (b) Powers of authorized officers. (c) Issuance of citations. (d) Jurisdiction of courts. (e) Payment of storage, care, and other costs. (f) Definitions. 1862. North Pacific fisheries research plan. (a) In general. (b) Standards. (c) Action by Secretary. (d) Fishery Observer Fund. (e) Special provisions regarding observers. SUBCHAPTER V - MISCELLANEOUS PROVISIONS 1881. Repealed. 1882. Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 917, 971d, 1432, 1827, 3125, 3373, 3377, 3601, 3607, 3631, 4102 of this title; title 22 section 1980; title 33 section 1321; title 42 sections 9601, 9603. ------DocID 25127 Document 11 of 965------ -CITE- 18 USC Rule 38 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS (VIII -HEAD- Rule 38. Stay of Execution -STATUTE- (a) Death. A sentence of death shall be stayed if an appeal is taken from the conviction or sentence. (b) Imprisonment. A sentence of imprisonment shall be stayed if an appeal is taken from the conviction or sentence and the defendant is released pending disposition of the appeal pursuant to Rule 9(b) of the Federal Rules of Appellate Procedure. If not stayed, the court may recommend to the Attorney General that the defendant be retained at, or transferred to, a place of confinement near the place of trial or the place where an appeal is to be heard, for a period reasonably necessary to permit the defendant to assist in the preparation of an appeal to the court of appeals. (c) Fine. A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by the district court or by the court of appeals upon such terms as the court deems proper. The court may require the defendant pending appeal to deposit the whole or any part of the fine and costs in the registry of the district court, or to give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating such defendant's assets. (d) Probation. A sentence of probation may be stayed if an appeal from the conviction or sentence is taken. If the sentence is stayed, the court shall fix the terms of the stay. (e) Criminal Forfeiture, Notice to Victims, and Restitution. A sanction imposed as part of the sentence pursuant to 18 U.S.C. 3554, 3555, or 3556 may, if an appeal of the conviction or sentence is taken, be stayed by the district court or by the court of appeals upon such terms as the court finds appropriate. The court may issue such orders as may be reasonably necessary to ensure compliance with the sanction upon disposition of the appeal, including the entering of a restraining order or an injunction or requiring a deposit in whole or in part of the monetary amount involved into the registry of the district court or execution of a performance bond. (f) Disabilities. A civil or employment disability arising under a Federal statute by reason of the defendant's conviction or sentence, may, if an appeal is taken, be stayed by the district court or by the court of appeals upon such terms as the court finds appropriate. The court may enter a restraining order or an injunction, or take any other action that may be reasonably necessary to protect the interest represented by the disability pending disposition of the appeal. -SOURCE- (As amended Dec. 27, 1948, eff. Jan. 1, 1949; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Apr. 24, 1972, eff. Oct. 1, 1972; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 215(c), 98 Stat. 2016; Mar. 9, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule substantially continues existing law except that it provides that in case an appeal is taken from a judgment imposing a sentence of imprisonment, a stay shall be granted only if the defendant so elects, or is admitted to bail. Under the present rule the sentence is automatically stayed unless the defendant elects to commence service of the sentence pending appeal. The new rule merely changes the burden of making the election. See Rule V of the Criminal Appeals Rules, 1933, 292 U.S. 661. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT A defendant sentenced to a term of imprisonment is committed to the custody of the Attorney General who is empowered by statute to designate the place of his confinement. 18 U.S.C. Sec. 4082. The sentencing court has no authority to designate the place of imprisonment. See, e.g., Hogue v. United States, 287 F.2d 99 (5th Cir. 1961), cert. den., 368 U.S. 932 (1961). When the place of imprisonment has been designated, and notwithstanding the pendency of an appeal, the defendant is usually transferred from the place of his temporary detention within the district of his conviction unless he has elected 'not to commence service of the sentence.' This transfer can be avoided only if the defendant makes the election, a course sometimes advised by counsel who may deem it necessary to consult with the defendant from time to time before the appeal is finally perfected. However, the election deprives the defendant of a right to claim credit for the time spent in jail pending the disposition of the appeal because 18 U.S.C. Sec. 3568 provides that the sentence of imprisonment commences, to run only from 'the date on which such person is received at the penitentiary, reformatory, or jail for service of said sentence.' See, e.g., Shelton v. United States, 234 F.2d 132 (5th Cir. 1956). The amendment eliminates the procedure for election not to commence service of sentence. In lieu thereof it is provided that the court may recommend to the Attorney General that the defendant be retained at or transferred to a place of confinement near the place of trial or the place where the appeal is to be heard for the period reasonably necessary to permit the defendant to assist in the preparation of his appeal to the court of appeals. Under this procedure the defendant would no longer be required to serve dead time in a local jail in order to assist in preparation of his appeal. NOTES OF ADVISORY COMMITTEE ON RULES - 1968 AMENDMENT Subdivisions (b) and (c) of this rule relate to appeals, the provisions of which are transferred to and covered by the Federal Rules of Appellate Procedure. See Advisory Committee Note under rule 37. NOTES OF ADVISORY COMMITTEE ON RULES - 1972 AMENDMENT Rule 38(a)(2) is amended to reflect rule 9(b), Federal Rules of Appellate Procedure. The criteria for the stay of a sentence of imprisonment pending disposition of an appeal are those specified in rule 9(c) which incorporates 18 U.S.C. Sec. 3148 by reference. The last sentence of subdivision (a)(2) is retained although easy access to the defendant has become less important with the passage of the Criminal Justice Act which provides for compensation to the attorney to travel to the place at which the defendant is confined. Whether the court will recommend confinement near the place of trial or place where the appeal is to be heard will depend upon a balancing of convenience against the possible advantage of confinement at a more remote correctional institution where facilities and program may be more adequate. The amendment to subdivision (a)(4) gives the court discretion in deciding whether to stay the order placing the defendant on probation. It also makes mandatory the fixing of conditions for the stay if a stay is granted. The court cannot release the defendant pending appeal without either placing him on probation or fixing the conditions for the stay under the Bail Reform Act, 18 U.S.C. Sec. 3148. Former rule 38(a)(4) makes mandatory a stay of an order placing the defendant on probation whenever an appeal is noted. The court may or may not impose conditions upon the stay. See rule 46, Federal Rules of Criminal Procedure; and the Bail Reform Act, 18 U.S.C. Sec. 3148. Having the defendant on probation during the period of appeal may serve the objectives of both community protection and defendant rehabilitation. In current practice, the order of probation is sometimes stayed for an appeal period as long as two years. In a situation where the appeal is unsuccessful, the defendant must start under probation supervision after so long a time that the conditions of probation imposed at the time of initial sentencing may no longer appropriately relate either to the defendant's need for rehabilitation or to the community's need for protection. The purposes of probation are more likely to be served if the judge can exercise discretion, in appropriate cases, to require the defendant to be under probation during the period of appeal. The American Bar Association Project on Standards for Criminal Justice takes the position that prompt imposition of sentence aids in the rehabilitation of defendants, ABA Standards Relating to Pleas of Guilty Sec. 1.8(a)(i), Commentary p. 40 (Approved Draft, 1968). See also Sutherland and Cressey, Principles of Criminology 336 (1966). Under 18 U.S.C. Sec. 3148 the court now has discretion to impose conditions of release which are necessary to protect the community against danger from the defendant. This is in contrast to release prior to conviction, where the only appropriate criterion is insuring the appearance of the defendant. 18 U.S.C. Sec. 3146. Because the court may impose conditions of release to insure community protection, it seems appropriate to enable the court to do so by ordering the defendant to submit to probation supervision during the period of appeal, thus giving the probation service responsibility for supervision. A major difference between probation and release under 18 U.S.C. Sec. 3148 exists if the defendant violates the conditions imposed upon his release. In the event that release is under 18 U.S.C. Sec. 3148, the violation of the condition may result in his being placed in custody pending the decision on appeal. If the appeal were unsuccessful, the order placing him on probation presumably would become effective at that time, and he would then be released under probation supervision. If the defendant were placed on probation, his violation of a condition could result in the imposition of a jail or prison sentence. If the appeal were unsuccessful, the jail or prison sentence would continue to be served. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -REFTEXT- REFERENCES IN TEXT The Federal Rules of Appellate Procedure, referred to in subd. (b), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. 1984 AMENDMENT Pub. L. 98-473, Sec. 215(c)(1), substituted 'Stay of Execution' for 'Stay of Execution, and Relief Pending Review' in rule catchline. Subd. (a). Pub. L. 98-473, Sec. 215(c)(1), struck out subd. heading '(a) Stay of Execution'. Pub. L. 98-473, Sec. 215(c)(3), (4), redesignated subd. (a)(1) as (a), and inserted 'from the conviction or sentence' after 'is taken'. Subd. (b). Pub. L. 98-473, Sec. 215(c)(3), (5), redesignated subd. (a)(2) as (b), and inserted 'from the conviction or sentence' after 'is taken'. Pub. L. 98-473, Sec. 215(c)(2), struck out subd. (b) relating to bail, which had been abrogated Dec. 4, 1967, eff. July 1, 1968. Subd. (c). Pub. L. 98-473, Sec. 215(c)(3), redesignated subd. (a)(3) as (c). Pub. L. 98-473, Sec. 215(c)(2), struck out subd. (c) relating to application for relief pending review, which had been abrogated Dec. 4, 1967, eff. July 1, 1968. Subd. (d). Pub. L. 98-473, Sec. 215(c)(3), (6), redesignated subd. (a)(4) as (d) and amended it generally. Prior to amendment, subd. (a)(4) read as follows: 'An order placing the defendant on probation may be stayed if an appeal is taken. If not stayed, the court shall specify when the term of probation shall commence. If the order is stayed the court shall fix the terms of the stay.' Subds. (e), (f). Pub. L. 98-473, Sec. 215(c)(7), added subds. (e) and (f). -MISC2- EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date note under section 3551 of this title. -CROSS- CROSS REFERENCES Bail, generally, see rule 46. ------DocID 25174 Document 12 of 965------ -CITE- 19 USC Sec. 38 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 38. Repealed. June 17, 1930, ch. 497, title IV, Sec. 651(a)(1), 46 Stat. 762, eff. June 18, 1930 -MISC1- Section, act Sept. 21, 1922, ch. 356, title IV, Sec. 523, 42 Stat. 974, related to powers and duties of comptrollers of customs. See section 1523 of this title. ------DocID 26719 Document 13 of 965------ -CITE- 20 USC Sec. 1070d-38 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 6 -HEAD- Sec. 1070d-38. Stipends and scholarship conditions -STATUTE- (a) Amount of award Each student awarded a scholarship under this subpart shall receive a stipend of $1,500 for the academic year of study for which the scholarship is awarded. (b) Use of award The State educational agency shall establish procedures to assure that a scholar awarded a scholarship under this subpart pursues a course of study at an institution of higher education. -SOURCE- (Pub. L. 89-329, title IV, Sec. 419H, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1345.) -MISC1- PRIOR PROVISIONS A prior section 1070d-38, Pub. L. 89-329, title IV, Sec. 419H, as added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98 Stat. 2902, related to stipends and scholarship conditions for students receiving scholarships under Robert C. Byrd Honors Scholarship Program, prior to the general revision of this part by Pub. L. 99-498. ------DocID 27229 Document 14 of 965------ -CITE- 20 USC CHAPTER 38 -EXPCITE- TITLE 20 CHAPTER 38 -HEAD- CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS -MISC1- Sec. 1681. Sex. (a) Prohibition against discrimination; exceptions. (1) Classes of educational institutions subject to prohibition. (2) Educational institutions commencing planned change in admissions. (3) Educational institutions of religious organizations with contrary religious tenets. (4) Educational institutions training individuals for military services or merchant marine. (5) Public educational institutions with traditional and continuing admissions policy. (6) Social fraternities or sororities; voluntary youth service organizations. (7) Boy or Girl conferences. (8) Father-son or mother-daughter activities at educational institutions. (9) Institution of higher education scholarship awards in 'beauty' pageants. (b) Preferential or disparate treatment because of imbalance in participation or receipt of Federal benefits; statistical evidence of imbalance. (c) 'Educational institution' defined. 1682. Federal administrative enforcement; report to Congressional committees. 1683. Judicial review. 1684. Blindness or visual impairment; prohibition against discrimination. 1685. Authority under other laws unaffected. 1686. Interpretation with respect to living facilities. 1687. Interpretation of 'program or activity'. 1688. Neutrality with respect to abortion. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1132f-1, 1232, 3041, 3042 of this title; title 29 sections 206, 1577; title 42 sections 290cc-33, 300w-7, 300x-7, 708, 1988, 2000d-7, 10406, 12635. ------DocID 29034 Document 15 of 965------ -CITE- 22 USC Sec. 277d-38 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-38. Acquired land, addition to State; State jurisdiction -STATUTE- Land acquired or to be acquired by the United States of America in accordance with the provisions of the treaty, including the tract provided for in section 277d-39 of this title, shall become a geographical part of the State to which it attaches and shall be under the civil and criminal jurisdiction of such State, without affecting the ownership of such land. The addition of land and the ceding of jurisdiction to a State shall take effect upon acceptance by such State. -SOURCE- (Pub. L. 92-549, title I, Sec. 105, Oct. 25, 1972, 86 Stat. 1162.) ------DocID 30478 Document 16 of 965------ -CITE- 22 USC CHAPTER 38 -EXPCITE- TITLE 22 CHAPTER 38 -HEAD- CHAPTER 38 - DEPARTMENT OF STATE -MISC1- Sec. 2651. Establishment of Department. 2652. Deputy Secretary of State; Under Secretary of State for Political Affairs; Under Secretary of State for Economic and Agricultural Affairs; Under Secretary of State for Management; Assistant Secretaries of State. 2652a. Assistant Secretary of State for International Narcotics Matters. 2653. Appointment and rank of officers. 2654. Legal adviser; establishment of office; appointment. 2655. Counselor of Department of State; appointment. 2655a. Bureau of Oceans and International Environmental and Scientific Affairs within Department of State; Assistant Secretary of State as head of Bureau. 2656. Management of foreign affairs. 2656a. Congressional declaration of findings of major significance of modern scientific and technological advances in foreign policy. 2656b. Congressional declaration of policy regarding consequences of science and technology on conduct of foreign policy. 2656c. Responsibilities of President. (a) Identification, evaluation and initiation of scientific and technological developments. (b) Report to Congress; recommendations. (c) Disclosure of sensitive information. (d) Availability to United States Trade Representative of information and recommendations. 2656d. Responsibilities of Secretary of State. (a) Coordination and oversight over science and technology agreements between United States and foreign countries, etc. (b) Long-term contracts, grants, to obtain studies, etc., with respect to application of science and technology to foreign policy. (c) Long-term and short-term contracts, grants, to train officers and employees in application of science and technology to problems of foreign policy. (d) Detached service for graduate studies. 2656e. Terrorism-related travel advisories. 2656f. Annual country reports on terrorism. (a) Requirement of annual country reports on terrorism. (b) Provisions to be included in report. (c) Classification of report. (d) Definitions. (e) Reporting period. 2657. Custody of seals and property. 2658. Rules and regulations; promulgation by Secretary; delegation of authority. 2659. State statutes to be procured. 2660. Copies of treaties furnished to Public Printer. 2661. Procurement of information for corporations, firms and individuals; expense of cablegrams and telephone service involved; appropriation. 2661a. Foreign contracts or arrangements; discrimination. 2662. Establishment, maintenance, and operation of passport and despatch agencies. 2663. Omitted. 2664. Distribution of duties of officers, clerks, and employees. 2664a. Protection of Civil Service employees. (a) Findings. (b) Equitable reduction of budget. (c) Establishment of Office of the Ombudsman for Civil Service Employees. (d) 'Civil Service employees' defined. 2665. Personal services other than those provided for. 2665a. Foreign Service fellowships. 2666, 2667. Repealed. 2668. Requisitions for advances to pay lawful obligations. (a) Authorization; accounting. (b) Removal of outstanding charges. (c) Financial liability of disbursing agent or official. 2668a. Disposition of trust funds received from foreign governments for citizens of United States. 2669. Printing and binding outside continental United States; settlement and payment of claims by foreign governments; employment of aliens; official functions and courtesies; purchase of uniforms; payment of tort claims; payment of assumed obligations in Germany; telecommunications services; security. 2670. Insurance on motor vehicles in foreign countries; tie lines and teletype equipment; ice and drinking water; excise taxes on negotiable instruments; remains of deceased persons; relief, protection, and burial of seamen; acknowledgment of services of foreign vessels and aircraft; rentals and leases. 2671. Emergency expenditures. (a) Delegation of authority pertaining to certification of expenditures. (b) Activities subject to expenditures. (c) Annual confidential audit and report. (d) Repatriation loan program. 2672. Participation in international activities; restriction; expenses. 2672a. Alternate United States Commissioners for international fisheries commissions. 2672b. Compensation of Alternate United States Commissioners; travel expenses and other allowances. 2673. International Civil Aviation Organization; availability of funds for participation. 2674. Availability of exchange allowances or proceeds derived from exchange or sale of motor vehicles. 2675. Allocation or transfer to other agencies of funds appropriated to Department of State; authority for expenditure of funds. 2676. Contracts in foreign countries. 2677. Availability of funds for travel expenses and transportation of personal effects, household goods, or automobiles. 2678. Reduction in earmarks if appropriations are less than authorizations. 2679. Maximum rates of per diem in lieu of subsistence payable to foreign participants in exchange of persons program or in program of furnishing technical information and assistance. 2679a. Procurement contracts. (a) Funding for periods not in excess of five years; conditions. (b) Cancellation of contracts. 2680. Appropriations for State Department; information to Congressional committees. 2680a. Compensation for disability or death. 2681. International broadcasting facilities; transfer to Department of State; acquisition of property. 2682. Liquidation and disposal of broadcasting facilities. 2683. Assumption of obligations of operation of broadcasting facilities. 2684. Capital fund for Department of State to centralize reproduction, editorial, data processing, audiovisual and other services; maximum amount; operation of fund. (a) Establishment of fund. (b) Charges to fund; credit to appropriations. 2685. Reimbursement for detailed State Department personnel. 2686. Review of world-wide supply, demand, and price of basic raw and processed materials. 2687. Use of appropriated funds for unusual expenses of United States Representative to Organization of American States. 2688. Ambassadors; criteria regarding selection and confirmation. 2689. American Sections, International Joint Commission, United States and Canada; funds for representation expenses and official entertainment within the United States. 2690. Foreign gifts; audit; reports to Congress. 2691. Repealed. 2692. Compensation for persons participating in State Department proceedings; availability of funds. 2693. Repealed. 2694. Limitation on purchase of gifts for foreign individuals; report to Speaker of the House and chairman of the Committee on Foreign Relations of the Senate. 2695. Agreements for consolidation of administrative services. 2696. Nondiscretionary personnel costs, currency fluctuations, and other contingencies. (a) Additional appropriations. (b) Appropriations authorization based on currency fluctuations. (c) Availability of appropriations until expended. (d) Accounts subject to percentage limitation. (e) Availability of funds for twelve-month contracts to be performed in two fiscal years. 2697. Acceptance of gifts on behalf of United States. (a) Unconditional and conditional gifts. (b) Disposition. (c) Evidences of unconditional gift of intangible personal property. (d) Use of real property or tangible personal property received unconditionally. (e) Taxation. (f) Availability of statutory authorities to Directors of other agencies. 2698. Procurement of legal services. 2699. Employment opportunities for family members. 2700. Use of vehicles. 2701. Educational facilities. 2702. Malpractice protection. (a) Exclusiveness of designated remedies. (b) Defense of civil actions by United States; delivery of process; furnishing of copies of pleadings. (c) Removal of actions; remand or dismissal; suspension of limitations. (d) Compromise or settlement of claims. (e) Inapplicability of section 2680(h) of title 28. (f) Holding harmless or providing for liability insurance. (g) Medical care or related service within scope of employment. 2703. Services and facilities for employees at posts abroad. (a) Non-Government-operated services; applicability of other provisions of law. (b) Emergency commissary and mess services. (c) Availability; duplication of facilities and services. (d) Charges. (e) Child care facilities. 2704. Subsistence expenses. 2705. Documentation of citizenship. 2706. Reprograming of funds; notice requirements. 2707. International communications and information policy; assignment of responsibility; Office of the Coordinator for International Communications and Information Policy; establishment, etc. 2708. Reward; information; international terrorism. (a) Authorization of reward. (b) Rewards for information relating to international narcoterrorism and drug trafficking. (c) Reward limitation; Presidential approval. (d) Advice; consultation; Attorney General. (e) Certification; payment. (f) Officers or employees of government ineligible for reward. (g) Authorization of appropriations. (h) Report to Congress. (i) Definitions. 2709. Special agents. (a) General authority. (b) Agreement with Attorney General and firearms regulations. (c) Secret Service not affected. (d) Transmission of regulations to Congress. 2710. Expenses relating to participation in arbitrations of certain disputes. (a) International agreements. (b) Contracts abroad. 2711. Counterterrorism Protection Fund. (a) Authority. (b) Authorization of appropriations. (c) Designation of Fund. 2712. Authority to control certain terrorism-related services. (a) Authority. (b) Services subject to control. (c) Persons subject of controls. (d) Licenses. (e) Definitions. (f) Violations. (g) Congressional oversight. (h) Relationship to other laws. 2713. Protection of historic and artistic furnishings of reception areas of the Department of State Building. (a) In general. (b) Disposition of historic and artistic items. (c) 'Reception areas' defined. 2714. Denial of passports to certain convicted drug traffickers. (a) Ineligibility for passport. (b) Drug law offenses. (c) Period of ineligibility. (d) Emergency and humanitarian exceptions. (e) Definitions. 2715. Procedures regarding major disasters and incidents abroad affecting United States citizens. 2716. Debt collection. (a) Contract authority. (b) Disclosure of delinquent debt to credit reporting agencies. 2717. Munitions control registration fees. (a) Munitions control registration fees. (b) Budget Act compliance. 2718. Fees received for use of Blair House. (a) Use of fees. (b) Compliance with Budget Act. 2719. Grants for training and education in international affairs. ------DocID 31709 Document 17 of 965------ -CITE- 25 USC Sec. 38 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 38. Repealed. Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1028 -MISC1- Section, R.S. Sec. 2061, related to visits to Washington, D.C., by agents in California. ------DocID 33551 Document 18 of 965------ -CITE- 26 USC Sec. 38 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart D -HEAD- Sec. 38. General business credit -STATUTE- (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of - (1) the business credit carryforwards carried to such taxable year, (2) the amount of the current year business credit, plus (3) the business credit carrybacks carried to such taxable year. (b) Current year business credit For purposes of this subpart, the amount of the current year business credit is the sum of the following credits determined for the taxable year: (1) the investment credit determined under section 46, (2) the targeted jobs credit determined under section 51(a), (3) the alcohol fuels credit determined under section 40(a), (4) the research credit determined under section 41(a), (5) the low-income housing credit determined under section 42(a), (6) the enhanced oil recovery credit under section 43(a), plus (7) in the case of an eligible small business (as defined in section 44(b)), the disabled access credit determined under section 44(a). (c) Limitation based on amount of tax (1) In general The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of the taxpayer's net income tax over the greater of - (A) the tentative minimum tax for the taxable year, or (B) 25 percent of so much of the taxpayer's net regular tax liability as exceeds $25,000. For purposes of the preceding sentence, the term 'net income tax' means the sum of the regular tax liability and the tax imposed by section 55, reduced by the credits allowable under subparts A and B of this part, and the term 'net regular tax liability' means the regular tax liability reduced by the sum of the credits allowable under subparts A and B of this part. (2) Special rules (A) Married individuals In the case of a husband or wife who files a separate return, the amount specified under subparagraph (B) of paragraph (1) shall be $12,500 in lieu of $25,000. This subparagraph shall not apply if the spouse of the taxpayer has no business credit carryforward or carryback to, and has no current year business credit for, the taxable year of such spouse which ends within or with the taxpayer's taxable year. (B) Controlled groups In the case of a controlled group, the $25,000 amount specified under subparagraph (B) of paragraph (1) shall be reduced for each component member of such group by apportioning $25,000 among the component members of such group in such manner as the Secretary shall by regulations prescribe. For purposes of the preceding sentence, the term 'controlled group' has the meaning given to such term by section 1563(a). (C) Limitations with respect to certain persons In the case of a person described in subparagraph (A) or (B) of section 46(e)(1) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990), the $25,000 amount specified under subparagraph (B) of paragraph (1) shall equal such person's ratable share (as determined under section 46(e)(2) (as so in effect) of such amount. (D) Estates and trusts In the case of an estate or trust, the $25,000 amount specified under subparagraph (B) of paragraph (1) shall be reduced to an amount which bears the same ratio to $25,000 as the portion of the income of the estate or trust which is not allocated to beneficiaries bears to the total income of the estate or trust. (d) Ordering rules For purposes of any provision of this title where it is necessary to ascertain the extent to which the credits determined under any section referred to in subsection (b) are used in a taxable year or as a carryback or carryforward - (1) In general The order in which such credits are used shall be determined on the basis of the order in which they are listed in subsection (b) as of the close of the taxable year in which the credit is used. (2) Components of investment credit The order in which the credits listed in section 46 are used shall be determined on the basis of the order in which such credits are listed in section 46 as of the close of the taxable year in which the credit is used. (3) Credits no longer listed For purposes of this subsection - (A) the credit allowable by section 40, as in effect on the day before the date of the enactment of the Tax Reform Act of 1984, (relating to expenses of work incentive programs) and the credit allowable by section 41(a), as in effect on the day before the date of the enactment of the Tax Reform Act of 1986, (relating to employee stock ownership credit) shall be treated as referred to in that order after the last paragraph of subsection (b), and (B) the credit determined under section 46 - (i) to the extent attributable to the employee plan percentage (as defined in section 46(a)(2)(E) as in effect on the day before the date of the enactment of the Tax Reform Act of 1984) shall be treated as a credit listed after paragraph (1) of section 46, and (ii) to the extent attributable to the regular percentage (as defined in section 46(b)(1) as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall be treated as the first credit listed in section 46. -SOURCE- (Added and amended Pub. L. 98-369, div. A, title IV, Sec. 473, title VI, Sec. 612(e)(1), July 18, 1984, 98 Stat. 827, 912; Pub. L. 99-514, title II, Sec. 221(a), 231(d)(1), (3)(B), 252(b), title VII, Sec. 701(c)(4), title XI, Sec. 1171(b)(1), (2), Oct. 22, 1986, 100 Stat. 2173, 2178, 2179, 2205, 2341, 2513; Pub. L. 100-647, title I, Sec. 1002(e)(8)(A), 1007(g)(2), (8), Nov. 10, 1988, 102 Stat. 3368, 3434, 3435; Pub. L. 101-508, title XI, Sec. 11511(b)(1), 11611(b)(1), 11813(b)(2), Nov. 5, 1990, 104 Stat. 1388-485, 1388-503, 1388-551.) -REFTEXT- REFERENCES IN TEXT The date of the enactment of the Revenue Reconciliation Act of 1990, referred to in subsecs. (c)(2)(C) and (d)(3)(B)(ii), is the date of enactment of Pub. L. 101-508, which was approved Nov. 5, 1990. The date of the enactment of the Tax Reform Act of 1984, referred to in subsec. (d)(3)(A), (B)(i), is the date of enactment of Pub. L. 98-369, which was approved July 18, 1984. The date of the enactment of the Tax Reform Act of 1986, referred to in subsec. (d)(3)(A), is the date of enactment of Pub. L. 99-514, which was approved Oct. 22, 1986. -MISC2- PRIOR PROVISIONS A prior section 38, added Pub. L. 87-834, Sec. 2(a), Oct. 16, 1962, 76 Stat. 962, and amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, which related to investment in certain depreciable property, was repealed by Pub. L. 98-369, div. A, title IV, Sec. 474(m)(1), July 18, 1984, 98 Stat. 833. Another prior section 38 was renumbered section 35 of this title. AMENDMENTS 1990 - Subsec. (b)(1). Pub. L. 101-508, Sec. 11813(b)(2)(A), substituted 'section 46' for 'section 46(a)'. Subsec. (b)(4). Pub. L. 101-508, Sec. 11511(b)(1), struck out 'plus' at end. Subsec. (b)(5). Pub. L. 101-508, Sec. 11611(b)(1), struck out 'plus' at end. Pub. L. 101-508, Sec. 11511(b)(1), substituted ', plus' for period at end. Subsec. (b)(6). Pub. L. 101-508, Sec. 11611(b)(1), substituted ', plus' for period at end. Pub. L. 101-508, Sec. 11511(b)(1), added par. (6). Subsec. (b)(7). Pub. L. 101-508, Sec. 11611(b)(1), added par. (7). Subsec. (c)(2). Pub. L. 101-508, Sec. 11813(b)(2)(B), redesignated par. (3) as (2) and struck out former par. (2) which permitted an offset of regular investment tax credit against 25 percent of minimum tax. Subsec. (c)(2)(C). Pub. L. 101-508, Sec. 11813(b)(2)(C), inserted '(as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990)' after '46(e)(1)' and '(as so in effect)' after '46(e)(2)'. Subsec. (c)(3). Pub. L. 101-508, Sec. 11813(b)(2)(B), redesignated par. (3) as (2). Subsec. (d). Pub. L. 101-508, Sec. 11813(b)(2)(D)(i), substituted 'any provision' for 'sections 46(f), 47(a), 196(a), and any other provision' in introductory provisions. Subsec. (d)(2). Pub. L. 101-508, Sec. 11813(b)(2)(D)(ii), amended par. (2) generally. Prior to amendment, par. (2) read as follows: 'The order in which credits attributable to a percentage referred to in section 46(a) are used shall be determined on the basis of the order in which such percentages are listed in section 46(a) as of the close of the taxable year in which the credit is used.' Subsec. (d)(3)(B). Pub. L. 101-508, Sec. 11813(b)(2)(D)(iii), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 'the employee plan percentage (as defined in section 46(a)(2)(E), as in effect on the day before the date of the enactment of the Tax Reform Act of 1984) shall be treated as referred to after section 46(a)(2).' 1988 - Subsec. (c). Pub. L. 100-647, Sec. 1007(g)(2), amended pars. (1) to (3) generally, substituting pars. (1) and (2) for former pars. (1) to (3), redesignating former par. (4) as (3), and substituting 'subparagraph (B) of paragraph (1)' for 'subparagraphs (A) and (B) of paragraph (1)' in subpars. (A), (B), (C), and (D). Pub. L. 100-647, Sec. 1007(g)(8), made technical correction to directory language of Pub. L. 99-514, Sec. 701(c)(4), see 1986 Amendment note below. Subsec. (d). Pub. L. 100-647, Sec. 1002(e)(8)(A), substituted 'Ordering rules' for 'Special rules for certain regulated companies' in heading and amended text generally. Prior to amendment, text read as follows: 'In the case of any taxpayer to which section 46(f) applies, for purposes of sections 46(f), 47(a), and 196(a) and any other provision of this title where it is necessary to ascertain the extent to which the credits determined under section 40(a), 41(a), 42(a), 46(a), or 51(a) are used in a taxable year or as a carryback or carryforward, the order in which such credits are used shall be determined on the basis of the order in which they are listed in subsection (b).' 1986 - Subsec. (b)(4). Pub. L. 99-514, Sec. 231(d)(1), added par. (4). Pub. L. 99-514, Sec. 1171(b)(1), struck out former par. (4) which read as follows: 'the employee stock ownership credit determined under section 41(a)'. Subsec. (b)(5). Pub. L. 99-514, Sec. 252(b)(1), added par. (5). Subsec. (c). Pub. L. 99-514, Sec. 701(c)(4), as amended by Pub. L. 100-647, Sec. 1007(g)(8), added pars. (1) to (3), redesignated former par. (3) as (4), and struck out former par. (1) 'In general' which provided: 'The credit allowed under subsection (a) for any taxable year shall not exceed the sum of - '(A) so much of the taxpayer's net tax liability for the taxable year as does not exceed $25,000, plus '(B) 75 percent of so much of the taxpayer's net tax liability for the taxable year as exceeds $25,000.' and former par. (2) 'Net tax liability', which provided: 'For purposes of paragraph (1), the term 'net tax liability' means the tax liability (as defined in section 26(b)), reduced by the sum of the credits allowable under subparts A and B of this part.' Subsec. (c)(1)(B). Pub. L. 99-514, Sec. 221(a), substituted '75 percent' for '85 percent'. Subsec. (d). Pub. L. 99-514, Sec. 252(b)(2), inserted '42(a),'. Pub. L. 99-514, Sec. 1171(b)(2), substituted 'and 196(a)' for '196(a), and 404(i)' and struck out '41(a),' after '40(a)'. Pub. L. 99-514, Sec. 231(d)(3)(B), inserted '41(a),' after '40(a),'. 1984 - Subsec. (c)(2). Pub. L. 98-369, Sec. 612(e)(1), substituted 'section 26(b)' for 'section 25(b)'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 11511(b)(1) of Pub. L. 101-508 applicable to costs paid or incurred in taxable years beginning after Dec. 31, 1990, see section 11511(d)(1) of Pub. L. 101-508, set out as an Effective Date note under section 43 of this title. Section 11611(e) of Pub. L. 101-508 provided that: '(1) In general. - Except as provided in paragraph (2), the amendments made by this section (enacting section 44 of this title and amending this section and sections 39 and 190 of this title) shall apply to expenditures paid or incurred after the date of the enactment of this Act (Nov. 5, 1990). '(2) Subsection (c). - The amendment made by subsection (c) (amending section 190 of this title) shall apply to taxable years beginning after the date of the enactment of this Act.' Amendment by section 11813(b)(2) of Pub. L. 101-508 applicable to property placed in service after Dec. 31, 1990, but not applicable to any transition property (as defined in section 49(e) of this title), any property with respect to which qualified progress expenditures were previously taken into account under section 46(d) of this title, and any property described in section 46(b)(2)(C) of this title, as such sections were in effect on Nov. 4, 1990, see section 11813(c) of Pub. L. 101-508, set out as a note under section 29 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Section 1002(e)(8)(C) of Pub. L. 100-647 provided that: 'The amendments made by this paragraph (amending this section and section 49 of this title) shall apply to taxable years beginning after December 31, 1983, and to carrybacks from such years.' Amendment by section 1007(g)(2), (8) of Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Section 221(b) of Pub. L. 99-514 provided that: 'The amendment made by subsection (a) (amending this section) shall apply to taxable years beginning after December 31, 1985.' Amendment by section 231(d)(1), (3)(B) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1985, see section 231(g) of Pub. L. 99-514, set out as a note under section 41 of this title. Amendment by section 252(b) of Pub. L. 99-514 applicable to buildings placed in service after Dec. 31, 1986, in taxable years ending after such date, see section 252(e) of Pub. L. 99-514, set out as an Effective Date note under section 42 of this title. Amendment by section 701(c)(4) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions and qualifications, see section 701(f) of Pub. L. 99-514, set out as an Effective Date note under section 55 of this title. Section 1171(c) of Pub. L. 99-514 provided that: '(1) In general. - Except as provided in paragraph (2), the amendments made by this section (amending this section and sections 56, 108, 401, and 404 of this title and repealing sections 41 and 6699 of this title) shall apply to compensation paid or accrued after December 31, 1986, in taxable years ending after such date. '(2) Sections 404(i) and 6699 to continue to apply to pre-1987 credits. - The provisions of sections 404(i) and 6699 of the Internal Revenue Code of 1986 shall continue to apply with respect to credits under section 41 of such Code attributable to compensation paid or accrued before January 1, 1987 (or under section 38 of such Code with respect to qualified investment before January 1, 1983).' EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-369 applicable to interest paid or accrued after December 31, 1984, on indebtedness incurred after December 31, 1984, see section 612(g) of Pub. L. 98-369, set out as an Effective Date note under section 25 of this title. EFFECTIVE DATE Section applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Pub. L. 98-369, set out as an Effective Date of 1984 Amendment note under section 21 of this title. SAVINGS PROVISION For provisions that nothing in amendment by section 11813(b)(2) of Pub. L. 101-508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of Pub. L. 101-508, set out as a note under section 29 of this title. APPLICABILITY OF CERTAIN AMENDMENTS BY PUBLIC LAW 99-514 IN RELATION TO TREATY OBLIGATIONS OF UNITED STATES For applicability of amendment by section 701(c)(4) of Pub. L. 99-514 notwithstanding any treaty obligation of the United States in effect on Oct. 22, 1986, with provision that for such purposes any amendment by title I of Pub. L. 100-647 be treated as if it had been included in the provision of Pub. L. 99-514 to which such amendment relates, see section 1012(aa)(2), (4) of Pub. L. 100-647, set out as a note under section 861 of this title. EFFECTIVE 15-YEAR CARRYBACK OF EXISTING CARRYFORWARDS OF STEEL COMPANIES Section 212 of Pub. L. 99-514, as amended by Pub. L. 100-647, title I, Sec. 1002(f), Nov. 10, 1988, 102 Stat. 3369, provided that: '(a) General Rule. - If a qualified corporation makes an election under this section for its 1st taxable year beginning after December 31, 1986, with respect to any portion of its existing carryforwards, the amount determined under subsection (b) shall be treated as a payment against the tax imposed by chapter 1 of the Internal Revenue Code of 1986 made by such corporation on the last day prescribed by law (without regard to extensions) for filing its return of tax under chapter 1 of such Code for such 1st taxable year. '(b) Amount. - For purposes of subsection (a), the amount determined under this subsection shall be the lesser of - '(1) 50 percent of the portion of the corporation's existing carryforwards to which the election under subsection (a) applies, or '(2) the corporation's net tax liability for the carryback period. '(c) Corporation Making Election May Not Use Same Amounts Under Section 38. - In the case of a qualified corporation which makes an election under subsection (a), the portion of such corporation's existing carryforwards to which such an election applies shall not be taken into account under section 38 of the Internal Revenue Code of 1986 for any taxable year beginning after December 31, 1986. '(d) Net Tax Liability for Carryback Period. - For purposes of this section - '(1) In general. - A corporation's net tax liability for the carryback period is the aggregate of such corporation's net tax liability for taxable years in the carryback period. '(2) Net tax liability. - The term 'net tax liability' means, with respect to any taxable year, the amount of the tax imposed by chapter 1 of the Internal Revenue Code of 1954 (now 1986) for such taxable year, reduced by the sum of the credits allowable under part IV of subchapter A of such chapter 1 (other than section 34 thereof). For purposes of the preceding sentence, any tax treated as not imposed by chapter 1 of such Code under section 26(b)(2) of such Code shall not be treated as tax imposed by such chapter 1. '(3) Carryback period. - The term 'carryback period' means the period - '(A) which begins with the corporation's 15th taxable year preceding the 1st taxable year from which there is an unused credit included in such corporation's existing carryforwards (but in no event shall such period begin before the corporation's 1st taxable year ending after December 31, 1961), and '(B) which ends with the corporation's last taxable year beginning before January 1, 1986. '(e) No Recomputation of Minimum Tax, Etc. - Nothing in this section shall be construed to affect - '(1) the amount of the tax imposed by section 56 of the Internal Revenue Code of 1986, or '(2) the amount of any credit allowable under such Code, for any taxable year in the carryback period. '(f) Reinvestment Requirement. - '(1) In general. - Any amount determined under this section must be committed to reinvestment in, and modernization of the steel industry through investment in modern plant and equipment, research and development, and other appropriate projects, such as working capital for steel operations and programs for the retraining of steel workers. '(2) Special rule. - In the case of the LTV Corporation, in lieu of the requirements of paragraph (1) - '(A) such corporation shall place such refund in a separate account; and '(B) amounts in such separate account - '(i) shall only be used by the corporation - '(I) to purchase an insurance policy which provides that, in the event the corporation becomes involved in a title 11 or similar case (as defined in section 368(a)(3)(A) of the Internal Revenue Code of 1954 (now 1986)), the insurer will provide life and health insurance coverage during the 1-year period beginning on the date when the corporation receives the refund to any individual with respect to whom the corporation would (but for such involvement) have been obligated to provide such coverage the coverage provided by the insurer will be identical to the coverage which the corporation would (but for such involvement) have been obligated to provide, and provides that the payment of insurance premiums will not be required during such 1-year period to keep such policy in force, or '(II) directly in connection with the trade or business of the corporation in the manufacturer or production of steel; and '(ii) shall be used (or obligated) for purposes described in clause (i) not later than 3 months after the corporation receives the refund. '(3) In the case of a qualified corporation, no offset to any refund under this section may be made by reason of any tax imposed by section 4971 of the Internal Revenue Code of 1986 (or any interest or penalty attributable to any such tax), and the date on which any such refund is to be paid shall be determined without regard to such corporation's status under title 11, United States Code. '(g) Definitions. - For purposes of this section - '(1) Qualified corporation. - '(A) In general. - The term 'qualified corporation' means any corporation which is described in section 806(b) of the Steel Import Stabilization Act (19 U.S.C. 2253 note) and a company which was incorporated on February 11, 1983, in Michigan. '(B) Certain predecessors included. - In the case of any qualified corporation which has carryforward attributable to a predecessor corporation described in such section 806(b), the qualified corporation and the predecessor corporation shall be treated as 1 corporation for purposes of subsections (d) and (e). '(2) Existing carryforwards. - The term 'existing carryforward' means the aggregate of the amounts which - '(A) are unused business credit carryforwards to the taxpayer's 1st taxable year beginning after December 31, 1986 (determined without regard to the limitations of section 38(c) and any reduction under section 49 of the Internal Revenue Code of 1986), and '(B) are attributable to the amount of the regular investment credit determined for periods before January 1, 1986, under section 46(a)(1) of such Code (relating to regular percentage), or any corresponding provision of prior law, determined on the basis that the regular investment credit was used first. '(3) Special rule for restructuring. - In the case of any corporation, any restructuring shall not limit, increase, or otherwise affect the benefits which would have been available under this section but for such restructuring. '(h) Tentative Refunds. - Rules similar to the rules of section 6425 of the Internal Revenue Code of 1986 shall apply to any overpayment resulting from the application of this section.' EFFECTIVE 15-YEAR CARRYBACK OF EXISTING CARRYFORWARDS OF QUALIFIED FARMERS Section 213 of Pub. L. 99-514, as amended by Pub. L. 100-647, title I, Sec. 1002(g), Nov. 10, 1988, 102 Stat. 3369, provided that: '(a) General Rule. - If a taxpayer who is a qualified farmer makes an election under this section for its 1st taxable year beginning after December 31, 1986, with respect to any portion of its existing carryforwards, the amount determined under subsection (b) shall be treated as a payment against the tax imposed by chapter 1 of the Internal Revenue Code of 1986 made by such taxpayer on the last day prescribed by law (without regard to extensions) for filing its return of tax under chapter 1 of such Code for such 1st taxable year. '(b) Amount. - For purposes of subsection (a), the amount determined under this subsection shall be equal to the smallest of - '(1) 50 percent of the portion of the taxpayer's existing carryforwards to which the election under subsection (a) applies, '(2) the taxpayer's net tax liability for the carryback period (within the meaning of section 212(d) of this Act (set out as a note above)), or '(3) $750. '(c) Taxpayer Making Election May Not Use Same Amounts Under Section 38. - In the case of a qualified farmer who makes an election under subsection (a), the portion of such farmer's existing carryforwards to which such an election applies shall not be taken into account under section 38 of the Internal Revenue Code of 1986 for any taxable year beginning after December 31, 1986. '(d) No Recomputation of Minimum Tax, Etc. - Nothing in this section shall be construed to affect - '(1) the amount of the tax imposed by section 56 of the Internal Revenue Code of 1954 (now 1986), or '(2) the amount of any credit allowable under such Code, for any taxable year in the carryback period (within the meaning of section 212(d)(3) of this Act (set out as a note above)). '(e) Definitions and Special Rules. - For purposes of this section - '(1) Qualified farmer. - The term 'qualified farmer' means any taxpayer who, during the 3-taxable year period preceding the taxable year for which an election is made under subsection (a), derived 50 percent or more of the taxpayer's gross income from the trade or business of farming. '(2) Existing carryforward. - The term 'existing carryforward' means the aggregate of the amounts which - '(A) are unused business credit carryforwards to the taxpayer's 1st taxable year beginning after December 31, 1986 (determined without regard to the limitations of section 38(c) of the Internal Revenue Code of 1986), and '(B) are attributable to the amount of the investment credit determined for periods before January 1, 1986, under section 46(a) of such Code (or any corresponding provision of prior law) with respect to section 38 property which was used by the taxpayer in the trade or business of farming, determined on the basis that such credit was used first. '(3) Farming. - The term 'farming' has the meaning given such term by section 2032A(e)(4) and (5) of such Code.' TREATMENT OF INVESTMENT TAX CREDITS WITH RESPECT TO CERTAIN PUBLIC UTILITIES For provisions requiring different applications of subsec. (c) of this section to certain public utilities by making substitutions in the percentages of the tentative minimum tax referred to in subsec. (c)(3)(A)(ii), (B), under certain circumstances, see section 701(f)(6) of Pub. L. 99-514, set out as an Effective Date note under section 55 of this title. PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title XVIII (Sec. 1800-1899A) of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514, as amended, set out as a note under section 401 of this title. TRANSITION RULES Section 1177 of subtitle C (Sec. 1171-1177) of title XI of Pub. L. 99-514, as amended by Pub. L. 100-647, title I, Sec. 1011B(l)(1), (2), Nov. 10, 1988, 102 Stat. 3493, provided that: '(a) Section 1171. - The amendments made by section 1171 (amending this section and sections 56, 108, 401, and 404 of this title and repealing sections 41 and 6699 of this title) shall not apply in the case of a tax credit employee stock ownership plan if - '(1) such plan was favorably approved on September 23, 1983, by employees, and '(2) not later than January 11, 1984, the employer of such employees was 100 percent owned by such plan. '(b) Subtitle Not To Apply to Certain Newspaper. - The amendments made by section 1175 (amending section 401 of this title) shall not apply to any daily newspaper - '(1) which was first published on December 17, 1855, and which began publication under its current name in 1954, and '(2) which is published in a constitutional home rule city (within the meaning of section 146(d)(3)(C) of the Internal Revenue Code of 1986) which has a population of less than 2,500,000.' Section 1011B(l)(3) of Pub. L. 100-647 provided that: 'If any newspaper corporation described in section 1177(b) of the Reform Act (section 1177(b) of Pub. L. 99-514, set out above), as amended by this subsection, pays in cash a dividend within 60 days after the date of the enactment of this Act (Nov. 10, 1988) to the corporation's employee stock ownership plans and if a corporate resolution declaring such dividend was adopted before November 30, 1987, and such resolution specifies that such dividend shall be contingent upon passage by the Congress of technical corrections, then such dividend (to the extent the aggregate amount so paid does not exceed $3,500,000) shall be treated as if it had been declared and paid in 1987 for all purposes of the Internal Revenue Code of 1986.' ACCOUNTING FOR INVESTMENT CREDIT IN CERTAIN FINANCIAL REPORTS AND REPORTS TO FEDERAL AGENCIES Pub. L. 92-178, title I, Sec. 101(c), Dec. 10, 1971, 85 Stat. 499, as amended by Pub. L. 98-369, div. A, title IV, Sec. 450(a), July 18, 1984, 98 Stat. 818; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: '(1) In general. - It was the intent of Congress in enacting, in the Revenue Act of 1962 (see Short Title of 1962 Amendment note set out under section 1 of this title), the investment credit allowed by section 38 of the Internal Revenue Code of 1986 (formerly I.R.C. 1954), and it is the intent of the Congress in restoring that credit in this Act (section 50 of this title), to provide an incentive for modernization and growth of private industry. Accordingly, notwithstanding any other provision of law, on and after the date of the enactment of this Act (Dec. 10, 1971) - '(A) no taxpayer shall be required to use, for purposes of financial reports subject to the jurisdiction of any Federal agency or reports made to any Federal agency, any particular method of accounting for the credit allowed by such section 38 (this section), and '(B) a taxpayer shall disclose, in any such report, the method of accounting for such credit used by him for purposes of such report. '(2) Exceptions. - Paragraph (1) shall not apply to taxpayers who are subject to the provisions of section 46(e) of the Internal Revenue Code of 1986 (as added by section 105(c) of this Act) or to section 203(e) of the Revenue Act of 1964 (as modified by section 105(e) of this Act) (set out as note below).' (Section 450(b) of Pub. L. 98-369 provided that: 'The amendments made by this section (amending this note) shall take effect as if included in the Revenue Act of 1971.') TREATMENT OF INVESTMENT CREDIT BY FEDERAL REGULATORY AGENCIES Pub. L. 88-272, title II, Sec. 203(e), Feb. 26, 1964, 78 Stat. 35, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: 'It was the intent of the Congress in providing an investment credit under section 38 of the Internal Revenue Code of 1986 (formerly I.R.C. 1954) and it is the intent of the Congress in repealing the reduction in basis required by section 48(g) of such Code to provide an incentive for modernization and growth of private industry (including that portion thereof which is regulated). Accordingly, Congress does not intend that any agency or instrumentality of the United States having jurisdiction with respect to a taxpayer shall, without the consent of the taxpayer, use - '(1) in the case of public utility property (as defined in section 46(c)(3)(B) of the Internal Revenue Code of 1986, more than a proportionate part (determined with reference to the average useful life of the property with respect to which the credit was allowed) of the credit against tax allowed for any taxable year by section 38 of such Code, or '(2) in the case of any other property, any credit against tax allowed by section 38 of such Code, to reduce such taxpayer's Federal income taxes for the purpose of establishing the cost of service of the taxpayer or to accomplish a similar result by any other method.' Section 203(e) of Pub. L. 88-272, not applicable to public utility property to which section 46(e) of this title applies, see section 105(e) of Pub. L. 92-178, set out as a note under section 46 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 29, 39, 40, 41, 42, 43, 44, 46, 49, 50, 51, 52, 55, 108, 179, 196, 381, 1274A, 1351 of this title; title 12 sections 3604, 3607, 3613. ------DocID 34832 Document 19 of 965------ -CITE- 26 USC (CHAPTER 38 -EXPCITE- TITLE 26 Subtitle D (CHAPTER 38 -HEAD- (CHAPTER 38 - REPEALED) (FOOTNOTE 1) ------DocID 34842 Document 20 of 965------ -CITE- 26 USC CHAPTER 38 -EXPCITE- TITLE 26 Subtitle D CHAPTER 38 -HEAD- CHAPTER 38 - ENVIRONMENTAL TAXES -MISC1- Subchapter Sec. (FOOTNOTE 1) A. Tax on petroleum 4611 (FOOTNOTE 1) Section numbers editorially supplied. B. Tax on certain chemicals 4661 C. Tax on certain imported substances 4671 D. Ozone-depleting chemicals, etc. 4681 PRIOR PROVISIONS A prior chapter 38, consisting of sections 4521 to 4603 and relating to import taxes, was repealed by Pub. L. 87-456, title III, Sec. 302(d), May 24, 1962, 76 Stat. 77, and Pub. L. 94-455, title XIX, Sec. 1904(a)(15), Oct. 4, 1976, 90 Stat. 1814. AMENDMENTS 1989 - Pub. L. 101-239, title VII, Sec. 7506(b), Dec. 19, 1989, 103 Stat. 2369, added item for subchapter D. 1986 - Pub. L. 99-499, title V, Sec. 515(b), Oct. 17, 1986, 100 Stat. 1769, added item for subchapter C. Pub. L. 99-499, title V, Sec. 514(a)(2), Oct. 17, 1986, 100 Stat. 1767, struck out item for subchapter C. 1980 - Pub. L. 96-510, title II, Sec. 231(b), Dec. 11, 1980, 94 Stat. 2804, added item for subchapter C. Pub. L. 96-510, title II, Sec. 211(a), Dec. 11, 1980, 94 Stat. 2797, added chapter 38 and analysis of subchapters consisting of items A and B. ------DocID 35926 Document 21 of 965------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Rule 38 -EXPCITE- TITLE 26 APPENDIX TITLE IV -HEAD- Rule 38. Joinder of Issue -STATUTE- A case shall be deemed at issue upon the filing of the answer, unless a reply is required under Rule 37, in which event it shall be deemed at issue upon the filing of a reply or the entry of an order disposing of a motion under Rule 37(c) or the expiration of the period specified in Rule 37(c) in case the Commissioner fails to move. With respect to declaratory judgment actions, disclosure actions, partnership actions, and administrative costs actions, see Rules 214, 224, 244, and 273, respectively. ------DocID 37020 Document 22 of 965------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 38 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 38. Damages for delay -STATUTE- If a court of appeals shall determine that an appeal is frivolous, it may award just damages and single or double costs to the appellee. -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES Compare 28 U.S.C. Sec. 1912. While both the statute and the usual rule on the subject by courts of appeals (Fourth Circuit Rule 20 is a typical rule) speak of 'damages for delay,' the courts of appeals quite properly allow damages, attorney's fees and other expenses incurred by an appellee if the appeal is frivolous without requiring a showing that the appeal resulted in delay. See Dunscombe v. Sayle, 340 F.2d 311 (5th Cir., 1965), cert. den., 382 U.S. 814, 86 S.Ct. 32, 15 L.Ed.2d 62 (1965); Lowe v. Willacy, 239 F.2d 179 (9th Cir., 1956); Griffith Wellpoint Corp. v. Munro-Langstroth, Inc., 269 F.2d 64 (1st Cir., 1959); Ginsburg v. Stern, 295 F.2d 698 (3d Cir., 1961). The subjects of interest and damages are separately regulated, contrary to the present practice of combining the two (see Fourth Circuit Rule 20) to make it clear that the awards are distinct and independent. Interest is provided for by law; damages are awarded by the court in its discretion in the case of a frivolous appeal as a matter of justice to the appellee and as a penalty against the appellant. -CROSS- CROSS REFERENCES Damages and costs on affirmance, see section 1912 of this title. ------DocID 37083 Document 23 of 965------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 38 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE VI -HEAD- Rule 38. Jury Trial of Right -STATUTE- (a) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States shall be preserved to the parties inviolate. (b) Demand. Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue. Such demand may be indorsed upon a pleading of the party. (c) Same: Specification of Issues. In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action. (d) Waiver. The failure of a party to serve a demand as required by this rule and to file it as required by Rule 5(d) constitutes a waiver by the party of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties. (e) Admiralty and Maritime Claims. These rules shall not be construed to create a right to trial by jury of the issues in an admiralty or maritime claim within the meaning of Rule 9(h). -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule provides for the preservation of the constitutional right of trial by jury as directed in the enabling act (act of June 19, 1934, 48 Stat. 1064, U.S.C., Title 28, Sec. 723c (see 2072)), and it and the next rule make definite provision for claim and waiver of jury trial, following the method used in many American states and in England and the British Dominions. Thus the claim must be made at once on initial pleading or appearance under Ill.Rev.Stat. (1937) ch. 110, Sec. 188; 6 Tenn.Code Ann. (Williams, 1934) Sec. 8734; compare Wyo.Rev.Stat.Ann. (1931) Sec. 89-1320 (with answer or reply); within 10 days after the pleadings are completed or the case is at issue under 2 Conn.Gen.Stat. (1930) Sec. 5624; Hawaii Rev.Laws (1935) Sec. 4101; 2 Mass.Gen.Laws (Ter.Ed. 1932) ch. 231, Sec. 60; 3 Mich.Comp.Laws (1929) Sec. 14263; Mich.Court Rules Ann. (Searl, 1933) Rule 33 (15 days); England (until 1933) O. 36, r.r. 2 and 6; and Ontario Jud.Act (1927) Sec. 57(1) (4 days, or, where prior notice of trial, 2 days from such notice); or at a definite time varying under different codes, from 10 days before notice of trial to 10 days after notice, or, as in many, when the case is called for assignment, Ariz.Rev.Code Ann. (Struckmeyer, 1928) Sec. 3802; Calif.Code Civ.Proc. (Deering, 1937) Sec. 631, par. 4; Iowa Code (1935) Sec. 10724; 4 Nev.Comp.Laws (Hillyer, 1929) Sec. 8782; N.M.Stat.Ann. (Courtright, 1929) Sec. 105-814; N.Y.C.P.A. (1937) Sec. 426, subdivision 5 (applying to New York, Bronx, Richmond, Kings, and Queens Counties); R.I.Pub.Laws (1929), ch. 1327, amending R.I.Gen.Laws (1923) ch. 337, Sec. 6; Utah Rev.Stat.Ann. (1933) Sec. 104-23-6; 2 Wash.Rev.Stat.Ann. (Remington, 1932) Sec. 316; England (4 days after notice of trial), Administration of Justice Act (1933) Sec. 6 and amended rule under the Judicature Act (The Annual Practice, 1937), O. 36, r. 1; Australia High Court Procedure Act (1921) Sec. 12, Rules, O. 33, r. 2; Alberta Rules of Ct. (1914) 172, 183, 184; British Columbia Sup.Ct.Rules (1925) O. 36, r.r. 2, 6, 11, and 16; New Brunswick Jud. Act (1927) O. 36, r.r. 2 and 5. See James, Trial by Jury and the New Federal Rules of Procedure (1936), 45 Yale L.J. 1022. Rule 81(c) provides for claim for jury trial in removed actions. The right to trial by jury as declared in U.S.C., Title 28, Sec. 770 (now 1873) (Trial of issues of fact; by jury; exceptions), and similar statutes, is unaffected by this rule. This rule modifies U.S.C., Title 28, (former) Sec. 773 (Trial of issues of fact; by court). NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT See Note to Rule 9(h), supra. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -CROSS- CROSS REFERENCES Admiralty and maritime case, trial of issues of fact by jury, see section 1873 of this title. Advisory jury, see rule 39. Calendar to designate cases as 'jury actions', see rule 79. Declaratory judgment actions, right to jury trial, see rule 57. Default judgment, right of trial by jury, see rule 55. Directed verdict, motion for which is not granted not a waiver of trial by jury, see rule 50. Juries generally, see chapter 121 of this title. Recovery of forfeitures in actions on bonds and specialties, jury assessment of amount due, see section 1874 of this title. Removed actions, time for service of jury demand, see rule 81. Supreme Court, jury trial in original actions at law, see section 1872 of this title. Trial by jury or by the court, see rule 39. Trustees and receivers, right to jury trial in actions against, see section 959 of this title. United States, jury trial denied in actions against, see section 2402 of this title. ------DocID 37305 Document 24 of 965------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 38 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VII -HEAD- Rule 38. Fees -STATUTE- In pursuance of 28 U.S.C. Sec. 1911, the fees to be charged by the Clerk are fixed as follows: (a) For docketing a case on a petition for a writ of certiorari or on appeal or docketing any other proceeding, except a certified question or a motion to docket and dismiss an appeal pursuant to Rule 18.5, $300.00. (b) For filing a petition for rehearing or a motion for leave to file a petition for rehearing, $200.00. (c) For the reproduction and certification of any record or paper, $1.00 per page; and for comparing with the original thereof any photographic reproduction of any record or paper, when furnished by the person requesting its certification, $.50 per page. (d) For a certificate under seal, $25.00. (e) For a check paid to the Court, Clerk, or Marshal which is returned for lack of funds, $35.00. ------DocID 37468 Document 25 of 965------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 38 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE VI -HEAD- Rule 38. Jury Trial of Right -STATUTE- (a) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States shall be preserved to the parties inviolate. (b) Demand. Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue. Such demand may be indorsed upon a pleading of the party. (c) Demand - Specification of Issues. In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action. (d) Waiver. The failure of a party to serve a demand as required by this rule and to file it as required by Rule 5(d) constitutes a waiver by the party of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties. -SOURCE- (As amended Oct. 3, 1984, eff. Jan. 1, 1985; July 28, 1988, eff. Nov. 1, 1988.) ------DocID 38505 Document 26 of 965------ -CITE- 30 USC Sec. 38 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 38. Evidence of possession and work to establish right to patent -STATUTE- Where such person or association, they and their grantors, have held and worked their claims for a period equal to the time prescribed by the statute of limitations for mining claims of the State or Territory where the same may be situated, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43, in the absence of any adverse claim; but nothing in such sections shall be deemed to impair any lien which may have attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a patent. -SOURCE- (R.S. Sec. 2332.) -REFTEXT- REFERENCES IN TEXT Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43, referred to in text, were in the original 'this chapter', meaning chapter 6 of title 32 of the Revised Statutes, consisting of R.S. Sec. 2318 to 2352. -COD- CODIFICATION R.S. Sec. 2332 derived from act July 9, 1870, ch. 235, Sec. 13, 16 Stat. 217. -MISC3- SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 39, 40, 42, 46, 47, 48, 102 of this title; title 16 section 460mm-1. ------DocID 39431 Document 27 of 965------ -CITE- 31 USC CHAPTER 38 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 38 -HEAD- CHAPTER 38 - ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS -MISC1- Sec. 3801. Definitions. 3802. False claims and statements; liability. 3803. Hearing and determinations. 3804. Subpoena authority. 3805. Judicial review. 3806. Collection of civil penalties and assessments. 3807. Right to administrative offset. 3808. Limitations. 3809. Regulations. 3810. Reports. 3811. Effect on other law. 3812. Prohibition against delegation. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 5 section 504; title 15 sections 637, 645. ------DocID 39718 Document 28 of 965------ -CITE- 33 USC Sec. 38 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 38. Oklawaha River, Florida; Kyle and Young Canal and 'Morrison Landing extension' substituted -STATUTE- Upon the conveyance to the United States, free of cost, title to the land occupied by what is known as the 'Kyle and Young Canal' and the 'Morrison Landing extension' of the same, on the Oklawaha River, in the State of Florida, together with title to a strip of land on the east side of said canal of such width as in the judgment of the Secretary of the Army may be required for the future widening of said canal and extension by the United States, the said canal and extension shall become a free public waterway of the United States in place of the natural bed of the river. -SOURCE- (July 27, 1916, ch. 260, Sec. 1, 39 Stat. 396; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 40896 Document 29 of 965------ -CITE- 33 USC CHAPTER 38 -EXPCITE- TITLE 33 CHAPTER 38 -HEAD- CHAPTER 38 - DUMPING OF MEDICAL WASTE BY PUBLIC VESSELS -MISC1- Sec. 2501. Findings. 2502. Definitions. 2503. Prohibition. 2504. Guidance. ------DocID 41119 Document 30 of 965------ -CITE- 35 USC (CHAPTER 38 -EXPCITE- TITLE 35 PART IV (CHAPTER 38 -HEAD- (CHAPTER 38 - TRANSFERRED) -COD- CODIFICATION Chapter 38, as added by Pub. L. 96-517, Sec. 6(a), Dec. 12, 1980, 94 Stat. 3018, was originally editorially inserted after chapter 17 of this title because the probable intent of Congress was to designate the chapter as '18', in view of the numerical designation of the sections contained in the chapter as sections 200 to 211 and in view of the subject matter of the chapter in relation to the subject matter of Part II of this title. Pub. L. 97-256, title I, Sec. 101(5), Sept. 8, 1982, 96 Stat. 816, redesignated chapter 38 as chapter 18 and transferred chapter 18, as so redesignated, from the end of this part to the end of Part II. See 1982 Amendment note set out under the analysis of chapter 18 (Sec. 200 et seq.) of this title. ------DocID 41173 Document 31 of 965------ -CITE- 36 USC Sec. 38 -EXPCITE- TITLE 36 CHAPTER 2A -HEAD- Sec. 38. Acquisition of assets and liabilities of existing corporation -STATUTE- On March 16, 1950, the separate existence of the old corporation shall cease and the old corporation shall be merged into the corporation. The corporation shall possess all the public and private rights, privileges, powers, and franchises and shall be subject to all the restrictions, disabilities, and duties of the old corporation so merged into it, and all of the rights, privileges, powers, and franchises of the old corporation, and all property - real, personal, and mixed - and all debts due it on whatever account shall be vested in the corporation; and all property, rights, privileges, powers, and franchises and all other interests of the old corporation shall be the property of the corporation and the title to any real estate vested in the old corporation by deed or otherwise, under the laws of the District of Columbia or any State, shall not revert or be in any way impaired by reason of this chapter: Provided, however, That all rights of creditors and all liens upon any property of the old corporation shall be preserved unimpaired and all its debts, liabilities, and duties shall attach to the corporation and may be enforced against it to the same extent as if such debts, liabilities, and duties had been incurred or contracted by it. -SOURCE- (Mar. 16, 1950, ch. 62, Sec. 8, 64 Stat. 24.) ------DocID 41843 Document 32 of 965------ -CITE- 36 USC CHAPTER 38 -EXPCITE- TITLE 36 CHAPTER 38 -HEAD- CHAPTER 38 - BLUE STAR MOTHERS OF AMERICA -MISC1- Sec. 941. Corporation created. 942. Completion of organization. 943. Purposes of corporation. 944. Powers of corporation. 945. Membership. 946. Governing body; composition; meetings. 947. Officers. 948. Principal office; agent for service of process. 949. Distribution of income or assets to members; loans. 950. Nonpolitical nature of corporation. 951. Liability for acts of officers and agents. 952. Prohibition against issuance of stock or payment of dividends. 953. Books and records; inspection. 954. Repealed. 955. Annual report. 956. Exclusive right to name, emblems, seals, and badges. 957. Use of assets on dissolution or liquidation. 958. Reservation of right to amend or repeal chapter. ------DocID 6974 Document 33 of 965------ -CITE- 2 USC Sec. 38 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 38. Omitted -COD- CODIFICATION Section, R.S. Sec. 49, 50; acts Jan. 20, 1874, ch. 11, 18 Stat. 4; Mar. 4, 1925, ch. 549, Sec. 4, 43 Stat. 1301, related to pay of member dying after commencement of Congress, and was omitted from the Code as superseded by section 38a of this title. ------DocID 42680 Document 34 of 965------ -CITE- 38 USC PART I -EXPCITE- TITLE 38 PART I -HEAD- PART I - GENERAL PROVISIONS -MISC1- Chap. Sec. 1. General 101 3. Veterans' Administration; Officers and Employees 201 ------DocID 42681 Document 35 of 965------ -CITE- 38 USC CHAPTER 1 -EXPCITE- TITLE 38 PART I CHAPTER 1 -HEAD- CHAPTER 1 - GENERAL -MISC1- 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. AMENDMENTS 1989 - Pub. L. 101-237, title VI, Sec. 601(b)(2), Dec. 18, 1989, 103 Stat. 2094, struck out 'for certain medical items' after 'Multiyear procurement' in item 114. 1988 - Pub. L. 100-322, title I, Sec. 108(e)(2), title IV, Sec. 404(b), May 20, 1988, 102 Stat. 498, 547, substituted 'Payments or allowances for beneficiary travel' for 'Travel expenses' in item 111 and added item 114. 1986 - Pub. L. 99-576, title VI, Sec. 601(a)(2), title VII, Sec. 701(1)(B), Oct. 28, 1986, 100 Stat. 3289, 3290, struck out '; husbands' after 'parents' in item 102 and added item 113. 1972 - Pub. L. 92-540, title IV, Sec. 409, Oct. 24, 1972, 86 Stat. 1092, substituted 'Dependent parents; husbands' for 'Dependent parents and dependent husbands' in item 102. 1965 - Pub. L. 89-88, Sec. 1(b), July 24, 1965, 79 Stat. 264, added item 112. 1964 - Pub. L. 88-445, Sec. 1(c), Aug. 19, 1964, 78 Stat. 464, substituted 'Preservation of disability ratings' for 'Preservation of total disability ratings' in item 110. ------DocID 42682 Document 36 of 965------ -CITE- 38 USC Sec. 101 -EXPCITE- TITLE 38 PART I CHAPTER 1 -HEAD- Sec. 101. Definitions -STATUTE- For the purposes of this title - (1) The terms 'Secretary' and 'Administrator' mean the Secretary of Veterans Affairs, and the terms 'Department' and 'Veterans' Administration' mean the Department of Veterans Affairs. (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 and section 5202(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; 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 Administrator 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 Mariana 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 Philippine Scout, as defined in section 1766 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 during 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 Philippine 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, 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. (13) The term 'compensation' means a monthly payment made by the Administrator 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 Administrator 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 Administrator 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 903 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; (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 (a) while on transfer to one of the Armed Forces, or (b) 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 (c) 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-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 active duty, 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 any period of inactive duty training during which the individual concerned was disabled or died from an injury incurred or aggravated in line of duty. (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 period beginning August 5, 1964, and ending on May 7, 1975. (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 Administrator 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1106; Pub. L. 86-195, Aug. 25, 1959, 73 Stat. 424; Pub. L. 87-674, Sec. 1, Sept. 19, 1962, 76 Stat. 558; Pub. L. 87-815, Sec. 3, Oct. 15, 1962, 76 Stat. 927; Pub. L. 88-450, Sec. 4(c), (d), Aug. 19, 1964, 78 Stat. 504; Pub. L. 89-311, Sec. 2(c)(1), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 89-358, Sec. 4(d), Mar. 3, 1966, 80 Stat. 24; Pub. L. 90-77, title II, Sec. 201, Aug. 31, 1967, 81 Stat. 181; Pub. L. 91-24, Sec. 1(a), (b), 16, June 11, 1969, 83 Stat. 33, 35; Pub. L. 91-262, Sec. 1, May 21, 1970, 84 Stat. 256; Pub. L. 91-588, Sec. 9(a), (b), Dec. 24, 1970, 84 Stat. 1584; Pub. L. 91-621, Sec. 6(a)(1), (2), Dec. 31, 1970, 84 Stat. 1864; Pub. L. 92-198, Sec. 5(a), Dec. 15, 1971, 85 Stat. 664; Pub. L. 92-540, title IV, Sec. 407, Oct. 24, 1972, 86 Stat. 1092; Pub. L. 94-169, title I, Sec. 101(1), Dec. 23, 1975, 89 Stat. 1013; Pub. L. 94-417, Sec. 1(b), Sept. 21, 1976, 90 Stat. 1277; Pub. L. 95-126, Sec. 3, Oct. 8, 1977, 91 Stat. 1108; Pub. L. 95-202, title III, Sec. 309(a), Nov. 23, 1977, 91 Stat. 1446; Pub. L. 95-588, title III, Sec. 301, Nov. 4, 1978, 92 Stat. 2506; Pub. L. 96-22, title IV, Sec. 401, June 13, 1979, 93 Stat. 62; Pub. L. 97-37, Sec. 3(a), Aug. 14, 1981, 95 Stat. 936; Pub. L. 97-295, Sec. 4(2), (95)(A), Oct. 12, 1982, 96 Stat. 1304, 1313; Pub. L. 97-306, title I, Sec. 113(a), Oct. 14, 1982, 96 Stat. 1432; Pub. L. 98-223, title II, Sec. 201, Mar. 2, 1984, 98 Stat. 41; Pub. L. 99-576, title VII, Sec. 702(1), Oct. 28, 1986, 100 Stat. 3301; Pub. L. 100-322, title I, Sec. 103(a), title III, Sec. 311, May 20, 1988, 102 Stat. 493, 534; Pub. L. 100-456, div. A, title VI, Sec. 633(c), Sept. 29, 1988, 102 Stat. 1987; Pub. L. 101-237, Sec. 2(a), Dec. 18, 1989, 103 Stat. 2062.) -REFTEXT- REFERENCES IN TEXT For definition of Canal Zone, referred to in par. (20), see section 3602(b) of Title 22, Foreign Relations and Intercourse. -MISC2- AMENDMENTS 1989 - Par. (1). Pub. L. 101-237 amended par. (1) generally. Prior to amendment, par. (1) read as follows: 'The term 'Administrator' means the Administrator of Veterans' Affairs.' 1988 - Par. (22)(D). Pub. L. 100-456, Sec. 633(c)(1), substituted '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' for 'field training or a practice cruise under chapter 103 of title 10'. Par. (23)(C). Pub. L. 100-456, Sec. 633(c)(2), added subpar. (C). Par. (28). Pub. L. 100-322, Sec. 103(a), substituted 'who require nursing care' for 'who require skilled nursing care' and 'Such term includes services furnished in skilled nursing care facilities, in intermediate care facilities, and in combined facilities. It does not include domiciliary care.' for 'The term includes intensive care where the nursing service is under the supervision of a registered professional nurse.' Par. (32)(B). Pub. L. 100-322, Sec. 311, struck out 'during a period other than a period of war in which such person was held' before 'under circumstances which'. 1986 - Pars. (22)(C), (23), (27)(F). Pub. L. 99-576, Sec. 702(1)(A), inserted 'Army' before 'National Guard'. Par. (31). Pub. L. 99-576, Sec. 702(1)(B), struck out 'and the term 'surviving spouse' means a person of the opposite sex who is a widow or widower' after 'husband'. 1984 - Par. (4)(A). Pub. L. 98-223 inserted provision that a person described in cl. (ii) of first sentence of subpar. (A) 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 be recognized as a legally adopted child of the veteran regardless of the age of such person at the time of the adoption. 1982 - Par. (4)(A). Pub. L. 97-295, Sec. 4(2), substituted 'before August 26, 1961, or within two years after the veteran's death' for 'within two years after the veteran's death or the date of enactment of this sentence'. Par. (22)(C). Pub. L. 97-306, Sec. 113(a)(1), struck out 'and' after 'of law;'. Par. (22)(D), (E). Pub. L. 97-306, Sec. 113(a)(2), (3), added subpar. (D) and redesignated former subpar. (D) as (E). Par. (25)(E). Pub. L. 97-295, Sec. 4(95)(A), substituted 'Health and Human Services' for 'Health, Education, and Welfare'. 1981 - Par. (32). Pub. L. 97-37 added par. (32). 1979 - Par. (4). Pub. L. 96-22 designated existing provisions as subpar. (A) and existing subpars. (A), (B), and (C) thereof as cls. (i), (ii), and (iii), respectively, and added subpar. (B). 1978 - Par. (15). Pub. L. 95-588 inserted 'or other periodic' after 'monthly'. 1977 - Par. (18). Pub. L. 95-126 designated existing provisions as cl. (A) and added cl. (B). Par. (29). Pub. L. 95-202 substituted 'May 7, 1975' for 'such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress.' 1976 - Par. (19). Pub. L. 94-417 struck out 'of any war (including the Indian Wars)' before 'disabled' and 'of any war' after 'care for veterans'. 1975 - Par. (3). Pub. L. 94-169, Sec. 101(1)(A), substituted 'surviving spouse' for 'widow', 'person of the opposite sex' for 'woman', 'spouse' for 'wife' wherever appearing, 'the veteran's' for 'his' wherever appearing, 'with the veteran' for 'with him', 'person' for 'man' wherever appearing and 'himself or herself' for 'herself'. Par. (4). Pub. L. 94-169, Sec. 101(1)(B), substituted 'regular contributions toward the person's support from some individual other than the veteran or the veteran's spouse' for 'regular contribution toward his support from some individual other than the veteran or his spouse'. Par. (5). Pub. L. 94-169, Sec. 101(1)(C), substituted 'before the veteran's entry' for 'before his entry'. Pars. (13) to (15). Pub. L. 94-169, Sec. 101(1)(D)-(F), substituted 'surviving spouse' for 'widow' wherever appearing. Par. (31). Pub. L. 94-169, Sec. 101(1)(G), added par. (31). 1972 - Par. (4). Pub. L. 92-540 inserted provision recognizing as a legally adopted child a person who has been placed for adoption under an agreement entered into by the adopting parent or parents with an agency authorized by law to so act. 1971 - Par. (30). Pub. L. 92-198 struck out service requirement of 90 days or more. 1970 - Par. (4). Pub. L. 91-262 inserted provision recognizing an adopted child of a veteran as a dependent from the date of issuance of an interlocutory decree. Par. (11). Pub. L. 91-588, Sec. 9(a), inserted reference to the Mexican border period. Par. (21)(C). Pub. L. 91-621, Sec. 6(a)(1), included within 'active duty' duty as a commissioned officer of the National Oceanic and Atmospheric Administration or its predecessor organization. Par. (25)(F). Pub. L. 91-621, Sec. 6(a)(2), inserted 'the National Oceanic and Atmospheric Administration or its predecessor organization' before 'the Coast and Geodetic Survey'. Par. (30). Pub. L. 91-588, Sec. 9(b), added par. (30). 1969 - Par. (3). Pub. L. 91-24, Sec. 16, substituted 'September 16, 1962' for 'enactment of the 1962 amendment to this paragraph'. Par. (23)(A). Pub. L. 91-24, Sec. 1(a), substituted 'section 206 of title 37' for 'section 301 of title 37'. Par. (25)(D). Pub. L. 91-24, Sec. 1(b), substituted 'Secretary of Transportation' for 'Secretary of the Treasury'. 1967 - Par. (11). Pub. L. 90-77, Sec. 201(a), included Vietnam era within definition of 'period of war' and substituted 'the date' for 'a date'. Par. (29). Pub. L. 90-77, Sec. 201(b), added par. (29). 1966 - Par. (20). Pub. L. 89-358 defined 'State' to include the Canal Zone for the purpose of section 903 and chapters 34 and 35 of this title. 1965 - Par. (4)(C). Pub. L. 89-311 substituted 'twenty-three years' for 'twenty-one years'. 1964 - Par. (19). Pub. L. 88-450, Sec. 4(c), included within 'State home' a home which furnishes nursing home care for veterans of any war. Par. (28). Pub. L. 88-450, Sec. 4(d), added par. (28). 1962 - Par. (3). Pub. L. 87-674 inserted requirement that a widow, in cases not involving remarriage, must not, since the death of the veteran and after the enactment of this amendment, have lived with another man and held herself out openly to the public to be the wife of such other man, and struck out '(unless the purported remarriage is void)' after 'who has not remarried'. Par. (26). Pub. L. 87-815 substituted ' 'Reserve' means a member' for ' 'Reserves' means members'. 1959 - Par. (4). Pub. L. 86-195 provided that a person shall be deemed, as of the date of death of a veteran, to be the legally adopted child of the 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 surviving spouse of the veteran within two years after the veteran's death or Aug. 25, 1959, the date of enactment of Pub. L. 86-195, provided that such person was not receiving regular contributions toward his support from some individual other than the veteran or his spouse, or from any public or private welfare organization. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-456 applicable only with respect to training performed after Sept. 30, 1988, see section 633(e) of Pub. L. 100-456, set out as a note under section 2109 of Title 10, Armed Forces. EFFECTIVE DATE OF 1982 AMENDMENT Section 113(d) of Pub. L. 97-306, as amended by Pub. L. 98-223, title II, Sec. 210, Mar. 2, 1984, 98 Stat. 45, provided that: 'The amendments made by subsections (a) (amending this section) and (b) (repealing section 403 of this title) and the provisions of subsection (c) (set out as a note under section 8140 of Title 5, Government Organization and Employees) - '(1) with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated after September 30, 1982, shall take effect as of October 1, 1982; and '(2) with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated before October 1, 1982, shall take effect as of October 1, 1983.' EFFECTIVE DATE OF 1978 AMENDMENT Section 401 of Pub. L. 95-588 provided that: 'The amendments made by this Act (see Short Title of 1978 Amendment note below) to title 38, United States Code, shall become effective on January 1, 1979.' EFFECTIVE DATE OF 1977 AMENDMENTS Section 501 of Pub. L. 95-202 provided that: 'The provisions of this Act (see Short Title of 1977 Amendment note below) shall become effective on the first day of the first month beginning 60 days after the date of enactment of this Act (Nov. 23, 1977), except that the provisions of title I (amending sections 1504, 1677, 1682, 1685, 1692, 1696, 1732, 1742, 1786, 1787, and 1798 of this title) and section 304(a)(1)(A) (amending section 1784 of this title) shall be effective retroactively to October 1, 1977, the provisions of sections 201 and 202 (enacting sections 1682A, 1738, and provisions set out as notes under section 1682A and amending section 1798 of this title) shall become effective on January 1, 1978, the provisions of section 203 (amending sections 1662 and 1712 of this title) shall be effective retroactively to May 31, 1976, and the provisions of sections 301, 302(2), 304(a)(1)(B), 304(a)(2), 305(a)(3), 305(b)(2), 305(b)(3), 305(b)(4), 305(c), 306, 307, 308, 309, and 310 and of title IV (enacting section 246, amending this section and sections 210, 1698, 1784, 1785, 1790, 2007, and 2014, and enacting provisions set out as notes under sections 106, 246, 1501, 1673, 1674, and 3101 of this title) shall be effective upon enactment (Nov. 23, 1977).' Amendment by Pub. L. 95-126 effective Oct. 8, 1977, see section 5 of Pub. L. 95-126, set out as a note under section 3103 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Section 101 of Pub. L. 94-169 provided that the amendment made by that section is effective Jan. 1, 1976. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6 of Pub. L. 92-198, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91-588, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Section 405 of Pub. L. 90-77 provided that: '(a) Except as provided in subsections (b) and (c) of this section, this Act (see Short Title of 1967 Amendment note below) shall become effective on the first day of the first calendar month which begins more than ten days after the date of enactment of this Act (Aug. 31, 1967). '(b) The amendments made by section 203 of this Act (amending sections 602 and 612 of this title) shall become effective upon enactment (Aug. 31, 1967). '(c) The amendments made by title II of this Act (amending this section) relating to the payment of burial benefits in the case of veterans of the Vietnam era shall become effective on the date of enactment of this Act (Aug. 31, 1967). If the burial allowance authorized by section 902 of title 38, United States Code is payable solely by virtue of the enactment of this Act, the two-year period for filing applications, referred to in section 904 of such title 38, shall not end, with respect to an individual whose death occurred prior to the enactment of this Act; before the expiration of the two-year period which begins on the date of enactment of this Act; or in any case involving the correction of a discharge after the date of enactment of this Act; before the expiration of two years from the date of such correction.' EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-311 effective first day of second calendar month following Oct. 31, 1965, see section 9 of Pub. L. 89-311, set out as a note under section 314 of this title. SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-366, Sec. 1, Aug. 15, 1990, 104 Stat. 430, provided that: 'This Act (enacting sections 620C, 1784A, 4141, 4142, and 4351 to 4355 of this title, amending sections 1791, 4104, 4107, 4114, 4301, 4302, 4304, 4331, 5051, and 5053 of this title, enacting provisions set out as notes under sections 620C, 1434, 1622, 1791, 4107, and 4141 of this title and section 552a of Title 5, Government Organization and Employees, and amending provisions set out as a note under section 612A of this title) may be cited as the 'Department of Veterans Affairs Nurse Pay Act of 1990'.' SHORT TITLE OF 1989 AMENDMENTS Section 1(a) of Pub. L. 101-237 provided that: 'This Act (see Tables for classification) may be cited as the 'Veterans' Benefits Amendments of 1989'.' Section 301 of title III of Pub. L. 101-237 provided that: 'This title (see Tables for classification) may be cited as the 'Veterans Home Loan Indemnity and Restructuring Act of 1989'.' Section 401 of title IV of Pub. L. 101-237 provided that: 'This title (see Tables for classification) may be cited as the 'Veterans Education and Employment Amendments of 1989'.' Pub. L. 101-94, Sec. 1, Aug. 16, 1989, 103 Stat. 617, provided that: 'This Act (enacting sections 4096 to 4098 of this title, amending sections 223, 224, 3301, 4053, 4054, 4081, and 4092 of this title and sections 8334 and 8401 of Title 5, Government Organization and Employees, enacting provisions set out as notes under sections 3301, 4055, 4064, 4066, and 4081 of this title, and amending provisions set out as notes under sections 201 and 4051 of this title) may be cited as the 'Court of Veterans Appeals Judges Retirement Act'.' SHORT TITLE OF 1988 AMENDMENTS Pub. L. 100-689, Sec. 1, Nov. 18, 1988, 102 Stat. 4161, provided that: 'This Act (enacting sections 1417, 1418, 1419, and 1634 of this title, amending sections 105, 230, 620A, 1402, 1411, 1412, 1413, 1415, 1416, 1421, 1422, 1431, 1432, 1434, 1435, 1515, 1517, 1520, 1602, 1631, 1641, 1673, 1692, 1733, 1780, 1792, 1798, 1814, 1824, 1833, and 3103A of this title, sections 2131, 2132, 2133, and 2135 of Title 10, Armed Forces, and section 3198 of Title 16, Conservation, repealing sections 1682A, 1686, 1737, and 1738 of this title, and enacting provisions set out as notes under sections 230, 620A, 1402, 1411, 1417, 1434, and 1780 of this title and section 1721 of Title 29, Labor) may be cited as the 'Veterans' Benefits and Programs Improvement Act of 1988'.' Pub. L. 100-687, div. A, Sec. 1(a), Nov. 18, 1988, 102 Stat. 4105, provided that: 'This division (div. A (Sec. 1-403) of Pub. L. 100-687, enacting sections 223, 3007 to 3009, 4010, and 4051 to 4092 of this title, amending sections 211, 3404, 3405, 4001, 4003, 4004, 4005, and 4009 of this title and section 5315 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 3404, 4001, 4051, 4053, and 4055 of this title and section 5315 of Title 5) may be cited as the 'Veterans' Judicial Review Act'.' Pub. L. 100-687, div. B, Sec. 1001(a), Nov. 18, 1988, 102 Stat. 4122, provided that: 'This division (div. B (Sec. 1001-1602) of Pub. L. 100-687, enacting sections 418, 728, 729, 763, and 1797 of this title and section 125b of Title 36, Patriotic Societies and Observances, amending sections 314, 315, 362, 363, 410, 411, 413, 414, 415, 503, 524, 525, 603, 610, 612A, 620A, 632, 1008, 4101, 4103, 4107, 4114, 4323, 4324, 5022, and 5025 of this title, enacting provisions set out as notes under this section and sections 210, 241, 314, 603, 612A, 728, 729, and 4103 of this title, and amending provisions set out as notes under section 5025 of this title) may be cited as the 'Veterans' Benefits Improvement Act of 1988'.' For short title of Pub. L. 100-527 as the 'Department of Veterans Affairs Act', see section 1 of Pub. L. 100-527, set out as a note under section 201 of this title. Pub. L. 100-323, Sec. 1(a), May 20, 1988, 102 Stat. 556, provided that: 'This Act (enacting sections 1774A, 2004A, and 2010A of this title, amending sections 1504, 1771, 1774, 1782, 2000 to 2010 of this title, enacting provisions set out as notes under sections 1504, 1774, 1774A, and 2004A of this title and section 1721 of Title 29, Labor, and amending provisions set out as notes under section 1792 of this title and section 1721 of Title 29) may be cited as the 'Veterans' Employment, Training, and Counseling Amendments of 1988'.' Section 1(a) of Pub. L. 100-322 provided that: 'This Act (enacting sections 114, 216, 223, 727, 762, 4120, 4161 to 4168, 4209, 4210, 4301 to 4304, 4311 to 4318, 4321 to 4325, 4331 to 4336, 5016, and 5025 of this title and section 138c of Title 36, Patriotic Societies and Observances, amending this section and sections 111, 113, 301, 312, 601, 603, 610, 612, 612A, 617, 620, 621, 622, 624, 629, 641, 769, 802, 806, 906, 907, 1004, 1008, 1788, 1793, 1801 to 1804, 1810, 1811 to 1813, 1829, 1832, 1833, 1902, 3013, 4101, 4104, 4106, 4107, 4112, 4114, 4116, 4132, 4133, 4134, 4205, 4206, 5004, 5010, 5022, and 5035 of this title, repealing sections 620C, 1807, 1818, and 4141 to 4146 of this title, renumbering section 1815 as 1803, 1817 as 1813, 1817A as 1814, 1819 as 1812, and former section 1832 as 1833, and transferring parts of section 1816 to new section 1832 and section 1833, enacting provisions set out as notes under this section and sections 111, 113, 210, 214, 603, 610, 612, 612A, 620, 641, 769, 802, 806, 1004, 1788, 1802, 4104, 4107, 4116, 4133, 4141, 4151, 4331, 5010, 5022, and 5025 of this title and section 138c of Title 36, amending provisions set out as notes under section 219 of this title and section 402 of Title 42, The Public Health and Welfare, and repealing provisions set out as notes under sections 601 and 620 of this title) may be cited as the 'Veterans' Benefits and Services Act of 1988'.' Pub. L. 100-321, Sec. 1, May 20, 1988, 102 Stat. 485, provided that: 'This Act (amending section 312 of this title, enacting provisions set out as a note under section 312 of this title, and amending provisions set out as a note under section 354 of this title) may be cited as the 'Radiation-Exposed Veterans Compensation Act of 1988'.' Pub. L. 100-253, Sec. 1, Feb. 29, 1988, 102 Stat. 20, provided that: 'This Act (amending sections 1803, 1816, and 1819 of this title and enacting provisions set out as a note under section 1803 of this title) may be cited as the 'Veterans' Home Loan Program Emergency Amendments of 1988'.' SHORT TITLE OF 1987 AMENDMENTS Pub. L. 100-227, Sec. 1(a), Dec. 31, 1987, 101 Stat. 1552, provided that: 'This Act (amending sections 314, 315, 362, 411, 413, 414, and 524 of this title, enacting provisions set out as notes under section 314 of this title and amending provisions set out as a note under section 1721 of Title 29, Labor) may be cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act of 1987'.' Pub. L. 100-198, Sec. 1(a), Dec. 21, 1987, 101 Stat. 1315, provided that: 'This Act (enacting section 1817A of this title, amending sections 113, 1803, 1804, 1810, 1811, 1816, 1817, 1819, 1829, 1831, and 1832 of this title, enacting provisions set out as notes under sections 113, 1803, 1804, 1810, 1816, and 1820 of this title, and amending provisions set out as a note under section 1816 of this title) may be cited as the 'Veterans' Home Loan Program Improvements and Property Rehabilitation Act of 1987'.' Pub. L. 100-48, Sec. 1, June 1, 1987, 101 Stat. 331, provided that: 'This Act (amending sections 1401, 1411, and 1412 of this title and section 2132 of Title 10, Armed Forces, and amending provisions set out below) may be cited as the 'New GI Bill Continuation Act'.' SHORT TITLE OF 1986 AMENDMENTS Section 1(a) of Pub. L. 99-576 provided that: 'This Act (see Tables for classification) may be cited as the 'Veterans' Benefits Improvement and Health-Care Authorization Act of 1986'.' Pub. L. 99-272, title XIX, Sec. 19001(a), Apr. 7, 1986, 100 Stat. 372, provided that: 'This title (enacting section 603 of this title, amending sections 525, 601, 603, 610, 612, 612A, 620, 622, 629, 663, and 903 of this title, enacting provisions set out as notes under sections 219, 610, 622, and 629 of this title, and amending provisions set out as notes under sections 601 and 603 of this title) may be cited as the 'Veterans' Health-Care Amendments of 1986'.' Pub. L. 99-238, Sec. 1, Jan. 13, 1986, 99 Stat. 1765, provided that: 'This Act (amending sections 314, 315, 362, 411, 413, and 414 of this title, enacting provisions set out as notes under sections 314 and 1516 of this title and section 1721 of Title 29, Labor, and amending provisions set out as notes under section 1721 of Title 29) may be cited as the 'Veterans' Compensation Rate Increase and Job Training Amendments of 1985'.' SHORT TITLE OF 1985 AMENDMENT Pub. L. 99-166, Sec. 1(a), Dec. 3, 1985, 99 Stat. 941, provided that: 'This Act (enacting sections 612B, 4151, and 4152 of this title, amending sections 210, 230, 601, 610, 612, 612A, 620, 620A, 767, 777, 3305, 4101, 4114, 5004, 5007, and 5035 of this title, and enacting provisions set out as notes under sections 601, 610, 767, 3203, 4110, and 5003 of this title) may be cited as the 'Veterans' Administration Health-Care Amendments of 1985'.' SHORT TITLE OF 1984 AMENDMENTS Pub. L. 98-543, Sec. 1(a), Oct. 24, 1984, 98 Stat. 2735, provided that: 'This Act (enacting sections 363, 524, and 525 of this title, amending sections 314, 315, 335, 362, 411, 413, 414, 618, 802, 1508, 1682, 1692, 1732, 1742, 1786, 1787, 1796, 1902, 1903, 2014, and 3203 of this title, amending provisions set out as a note under section 1721 of Title 29, Labor, and enacting provisions set out as notes under sections 314, 335, 363, 521, 524, 1508, 1903, and 3203 of this title) may be cited as the 'Veterans' Benefits Improvement Act of 1984'.' For short title of Pub. L. 98-542 as the 'Veterans' Dioxin and Radiation Exposure Compensation Standards Act', see section 1 of Pub. L. 98-542, set out as a note under section 354 of this title. Pub. L. 98-528, Sec. 1(a), Oct. 19, 1984, 98 Stat. 2686, provided that: 'This Act (amending sections 218, 220, 601, 617, 4101, 4104, 4107, 5010, 5032, 5034, 5035, 5036, and 5037 of this title and enacting provisions set out as notes under sections 218, 601, and 612A of this title) may be cited as the 'Veterans' Health Care Act of 1984'.' Pub. L. 98-525, title VII, Sec. 701, Oct. 19, 1984, 98 Stat. 2553, as amended by Pub. L. 100-48, Sec. 2, June 1, 1987, 101 Stat. 331, provided that: 'This title (enacting chapter 30 (Sec. 1401 et seq.) of this title and sections 708, 1046, 2006, and 2136 to 2138 of Title 10, Armed Forces, amending sections 1508, 1673, 1781, and 1795 of this title and sections 2131 to 2135 of Title 10, enacting provisions set out as notes under section 1421 of this title and sections 708, 1046, 2006, and 2131 of Title 10, and amending provision set out as a note under section 2141 of this title) may be cited as the 'Montgomery GI Bill Act of 1984'.' Section 1 of Pub. L. 98-223 provided in part: 'That (a) this Act (amending this section and sections 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, and 4112 of this title and enacting provisions set out as notes under this section and sections 301, 312, and 314 of this title) may be cited as the 'Veterans' Compensation and Program Improvements Amendments of 1984'.' SHORT TITLE OF 1983 AMENDMENT Pub. L. 98-160, Sec. 1(a), Nov. 21, 1983, 97 Stat. 993, provided that: 'This Act (enacting sections 222 and 630 of this title, amending sections 203, 301, 360, 361, 601, 610, 612A, 620, 641, 661, 663, 664, 719, 1622, 1623, 1632, 1643, 1662, 1682, 1701, 1712, 1820, 2002, 2002A, 3005, 3010, 3021, 3107, 3110, 3113, 3203, 3402, 3503, 4104, 4105, 4106, 4107, 4110, 4111, 4142, 5010, 5022, and 5053 of this title, enacting provisions set out as notes under sections 111, 210, 219, 601, 612A, 620, 641, and 4106 of this title, and amending provisions set out as a note under section 1721 of Title 29, Labor) may be cited as the 'Veterans' Health Care Amendments of 1983'.' SHORT TITLE OF 1982 AMENDMENTS Section 1(a) of Pub. L. 97-306 provided that: 'This Act (enacting sections 2000, 2009, and 2010 of this title, amending this section and sections 243, 314, 315, 362, 410, 411, 413, 414, 770, 901-903, 1508, 1622, 1662, 1673, 1682, 1691, 1723, 1780, 1790, 1798, 1803, 1811, 1819, 2002, 2002A, 2003, 2003A, 2006, 2007, 2011, 2012, 3102, 3103A, and 5010 of this title, repealing section 403 of this title, section 977 of Title 10, Armed Forces, and sections 601 to 607 of Title 29, Labor, enacting provisions set out as notes under this section and sections 314, 410, 770, 901 to 903, 1662, 1673, 2012, 3102, 3103A, and 5010 of this title, section 8140 of Title 5, Government Organization and Employees, and section 271 of Title 24, Hospitals and Asylums and repealing provisions set out as notes under section 314 of this title) may be cited as the 'Veterans' Compensation, Education, and Employment Amendments of 1982'.' Pub. L. 97-251, Sec. 1(a), Sept. 8, 1982, 96 Stat. 711, provided that: 'This Act (amending sections 601, 613, 620A, 643, 4107, 4142, 4143, 4144, 5033, and 5054 of this title and enacting provisions set out as notes under sections 219, 613, and 4107 of this title) may be cited as the 'Veterans' Administration Health-Care Programs Improvement and Extension Act of 1982'.' Pub. L. 97-174, Sec. 1, May 4, 1982, 96 Stat. 70, provided: 'That this Act (enacting section 5011A of this title, amending sections 1786 and 5011 of this title, and enacting provisions set out as notes under sections 1786, 5011, and 5011A of this title) may be cited as the 'Veterans' Administration and Department of Defense Health Resources Sharing and Emergency Operations Act'.' SHORT TITLE OF 1981 AMENDMENTS Pub. L. 97-72, Sec. 1(a), Nov. 3, 1981, 95 Stat. 1047, provided that: 'This Act (enacting sections 629 and 1841 to 1851 of this title, amending sections 601, 610, 612, 612A, 613, 624, 631, 632, 1517, 1662, 1801, 1802, 1803, 1807, 1815, 1817, 1818, 1819, 1824, 2014, 4109, and 5010 of this title, and enacting provisions set out as notes under this section and sections 219, 612, 612A, 629, 1662, 1841, 2014, and 4109 of this title) may be cited as the 'Veterans' Health Care, Training, and Small Business Loan Act of 1981'.' Pub. L. 97-72, title III, Sec. 301, Nov. 3, 1981, 95 Stat. 1055, provided that: 'This title (enacting sections 1841 to 1851 of this title, amending sections 1517, 1801, 1802, 1803, 1807, 1815, 1817, 1818, 1819, and 1824 of this title, and enacting provisions set out as a note under section 1841 of this title) may be cited as the 'Veterans' Small Business Loan Act of 1981'.' Pub. L. 97-66, Sec. 1(a), Oct. 17, 1981, 95 Stat. 1026, provided that: 'This Act (enacting section 3103A of this title, amending sections 210, 314, 315, 362, 411, 413, 414, 717, 752, 767, 769, 777, 802, 906, 1003, 1712, 1776, 1803, 1819, 1826, 1828, 1902, 1903, 3010, 3203, and 5010 of this title, enacting provisions set out as notes under sections 210, 314, and 3103A of this title, and amending provisions set out as a note under section 1712 of this title) may be cited as the 'Veterans' Disability Compensation, Housing, and Memorial Benefits Amendments of 1981'.' Pub. L. 97-37, Sec. 1(a), Aug. 14, 1981, 95 Stat. 935, provided that: 'this Act (enacting section 221 of this title, amending this section and sections 312, 610, and 612 of this title and enacting provisions set out as notes under sections 301, 312, and 610 of this title) may be cited as the 'Former Prisoner of War Benefits Act of 1981'.' SHORT TITLE OF 1980 AMENDMENTS Pub. L. 96-466, Sec. 1(a), Oct. 17, 1980, 94 Stat. 2171, provided that: 'this Act (enacting sections 1500 to 1521, 2003A, and 3114 to 3116 of this title, amending sections 220, 244, 415, 506, 1602, 1622, 1624, 1631, 1641, 1652, 1661, 1662, 1671, 1673, 1674, 1676, 1677, 1682, 1685, 1691, 1692, 1701, 1712, 1720, 1721, 1723, 1724, 1731, 1732, 1740, 1742, 1761, 1772, 1774, 1775, 1780, 1781, 1784, 1785, 1786, 1787, 1788, 1789, 1790, 1792, 1795, 1798, 2001, 2002, 2002A, 2003, 2007, 2011, 2012, 2013, 2014, 2024, 3102, and 3301 of this title, section 5316 of Title 5, Government Organization and Employees, and section 1114 of Title 18, Crimes and Criminal Procedure, repealing sections 1695 to 1698 of this title, enacting provisions set out as notes under sections 220, 1500, 1507, 1508, 1602, 1624, 1652, 1677, 1682, 1781, 2001, 2002A, 2007, 3114, and 4106 of this title, and section 6103 of title 26, Internal Revenue Code, amending provisions set out as notes under sections 106 and 1674 of this title and section 6103 of Title 26, and repealing a provision set out as a note under section 1673 of this title) may be cited as the 'Veterans' Rehabilitation and Education Amendments of 1980'.' Pub. L. 96-385, Sec. 1(a), Oct. 7, 1980, 94 Stat. 1528, provided that: 'This Act (enacting sections 3113 and 3305 of this title, amending sections 230, 314, 315, 362, 411, 413, 414, 801, 802, 804, 805, 906, 1803, 1810, 1811, 1819, 3104, 3203, 4107, and 4109 of this title and section 121 of Title 36, Patriotic Societies and Observances, and enacting provisions set out as notes under section 314 of this title) may be cited as the 'Veterans' Disability Compensation and Housing Benefits Amendments of 1980'.' Pub. L. 96-330, Sec. 1(a), Aug. 26, 1980, 94 Stat. 1030, provided that: 'this Act (enacting sections 4119 and 4141 to 4146 of this title, amending sections 622, 4101, 4103, 4107, 4108, 4109, 4112, 4114, 4118, 5021, 5022, 5034, 5070, and 5093 of this title, and enacting provisions set out as notes under sections 111, 4101, 4104, 4108, 4118, 4146, and 5021 of this title and amending provisions set out as notes under sections 601, 4104, and 4118 of this title) may be cited as the 'Veterans' Administration and Health-Care Amendments of 1980'.' SHORT TITLE OF 1979 AMENDMENTS Pub. L. 96-151, Sec. 1(a), Dec. 20, 1979, 93 Stat. 1092, provided that: 'This Act (amending sections 111, 601, 612 to 614, 628, 641, 4104 to 4106, 4112, 5010, 5033, 5053 to 5055, 5070, 5082, and 5083 of this title, and enacting provisions out as notes under sections 111, 219, 314, 613, 641, 4105, and 5010 of this title) may be cited as the 'Veterans Health Programs Extension and Improvement Act of 1979'.' Pub. L. 96-128, Sec. 1, Nov. 28, 1979, 93 Stat. 982, provided: 'That this Act (enacting sections 726, 761, and 1828 of this title, amending sections 314, 315, 362, 411, 413, 414, 611, 612A, 620A, 663, 718, 725, 753, and 5005 of this title, and enacting provisions set out as notes under section 314 of this title and section 6103 of Title 26, Internal Revenue Code) may be cited as the 'Veterans' Disability Compensation and Survivors' Benefits Amendments of 1979'.' Section 1(a) of Pub. L. 96-22 provided that: 'This Act (enacting sections 612A, 620A, 634, 661 to 664, and 5001 to 5015 of this title, amending this section and sections 210, 230, 235, 601, 610 to 612, 4107, 4108, and 5021 to 5024 of this title, renumbering section 634 of this title as 635, and enacting provisions set out as notes under this section and sections 210, 235, 601, 612, 612A, and 5001 of this title) may be cited as the 'Veterans' Health Care Amendments of 1979'.' SHORT TITLE OF 1978 AMENDMENTS Section 1 of Pub. L. 95-588 provided: 'That this Act (enacting sections 508 and 3112 of this title, amending this section and sections 415, 501, 503, 506, 512, 521, 522, 536, 541 to 543, 612, 3012, 3104, and 3203 of this title, repealing section 544 of this title, and enacting provisions set out as notes under this section and section 521 of this title) may be cited as the 'Veterans' and Survivors' Pension Improvement Act of 1978'.' Pub. L. 95-520, Sec. 1, Oct. 26, 1978, 92 Stat. 1820, provided: 'That this Act (amending sections 230, 601, 624, 632, 2012, 2014, and 5082 of this title, enacting provisions set out as a note under section 601 of this title, and amending a provision set out as a note under section 4118 of this title) may be cited as the 'Veterans' Administration Programs Extension Act of 1978'.' Pub. L. 95-479, Sec. 1(a), Oct. 18, 1978, 92 Stat. 1560, provided that: 'This Act (amending sections 314, 315, 362, 410, 411, 413, 414, 562, 902, 903, 906, 907, 1902 and 3101 of this title, and section 121 of Title 36, Patriotic Societies and Observances, and enacting provisions set out as notes under sections 301 and 314 of this title and section 295a of Title 24, Hospitals and Asylums) may be cited as the 'Veterans' Disability Compensation and Survivors' Benefits Act of 1978'.' Pub. L. 95-476, Sec. 1(a), Oct. 18, 1978, 92 Stat. 1497, provided that: 'This Act (enacting section 1008 of this title, amending sections 802, 902, 903, 906, 1798, 1802, 1803, 1810, 1811, 1818, 1819 of this title, and enacting provisions set out as notes under sections 903, 1802 of this title) may be cited as the 'Veterans' Housing Benefits Act of 1978'.' SHORT TITLE OF 1977 AMENDMENTS Pub. L. 95-204, Sec. 1, Dec. 2, 1977, 91 Stat. 1455, provided: 'That this Act (amending sections 322, 415, 521, 541, 542, and 544 of this title, enacting provision set out as a note under section 322 of this title, and amending provision set out as a note under section 521 of this title) be cited as the 'Veterans and Survivors Pension Adjustment Act of 1977'.' Section 1 of Pub. L. 95-202 provided: 'That this Act (enacting sections 246, 1682A, and 1738 of this title, amending this section and sections 210, 1504, 1662, 1663, 1673, 1674, 1677, 1682, 1685, 1692, 1696, 1698, 1712, 1724, 1732, 1742, 1774, 1784, 1785, 1786, 1787, 1788, 1789, 1790, 1798, 2007, and 2014 of this title, and enacting provisions set out as notes under this section and sections 106, 246, 1501, 1673, 1674, 1682A, 1792, 1820, and 3101 of this title) may be cited as the 'GI Bill Improvement Act of 1977'.' Pub. L. 95-201, Sec. 1, Nov. 23, 1977, 91 Stat. 1429, provided: 'That this Act (amending sections 4105, 4107, 4114, 4118, and 5001 of this title, enacting provisions set out as notes under sections 4105, 4107, and 4118 of this title, and amending provision set out as a note under section 4118 of this title) may be cited as the 'Veterans' Administration Physician and Dentist Pay Comparability Amendments of 1977'.' Pub. L. 95-117, Sec. 1, Oct. 3, 1977, 91 Stat. 1063, provided: 'That this Act (amending sections 314, 315, 362, 411, 413, 414, 801, 1820, and 3020 of this title, and enacting provisions set out as notes under sections 314, 1820, and 3020 of this title) may be cited as the 'Veterans Disability Compensation and Survivor Benefits Act of 1977'.' Pub. L. 95-62, Sec. 1, July 5, 1977, 91 Stat. 262, provided: 'That this Act (amending sections 5031 to 5036 of this title, repealing section 644 of this title, and enacting provisions set out as a note under section 5031 of this title) may be cited as the 'State Veterans' Home Assistance Improvement Act of 1977'.' SHORT TITLE OF 1976 AMENDMENTS Pub. L. 94-581, Sec. 1, Oct. 21, 1976, 90 Stat. 2842, provided: 'That this Act (enacting sections 4131 to 4134 of this title, amending sections 111, 601, 610, 611, 612, 613, 614, 616, 618, 619, 620, 621, 622, 623, 624, 626, 627, 628, 632, 633, 641, 642, 653, 903, 1903, 1904, 3301, 4101, 4102, 4103, 4104, 4105, 4106, 4107, 4108, 4112, 4113, 4114, 4116, 4117, 4118 note, 4121, 4122, 4123, 4202, 5001, 5002, 5004, 5005, 5007, 5011, 5012, 5013, 5014, 5031, 5032, 5034, 5035, 5036, 5053, 5054, 5055, 5056, 5070, 5071, 5073, 5083, 5093, 5096, 5202, 5220, and 5221 of this title, sections 1174, 1174 note, 1175, and 1175 note of Title 21, Food and Drugs, and sections 4581, 4581 note, 4582, and 4582 note of Title 42, The Public Health and Welfare, repealing section 216 of this title, and enacting provisions set out as notes under this section and sections 111, 612, 618, 4103, and 5053 of this title) may be cited as the 'Veterans Omnibus Health Care Act of 1976'.' Pub. L. 94-581, title II, Sec. 201, Oct. 21, 1976, 90 Stat. 2855, provided that: 'This title (amending sections 601, 610, 611, 612, 613, 614, 616, 619, 620, 621, 622, 623, 624, 626, 627, 628, 632, 633, 641, 642, 903, 1904, 3301, 4101, 4103, 4104, 4105, 4106, 4107, 4108, 4112, 4113, 4114, 4116, 4117, 4121, 4122, 4202, 5001, 5002, 5004, 5005, 5007, 5011, 5012, 5013, 5014, 5031, 5032, 5034, 5035, 5036, 5053, 5054, 5055, 5070, 5071, 5073, 5083, 5093, 5096, 5202, 5220, and 5221 of this title, repealing section 216 of this title, and enacting provisions set out as a note under section 111 of this title) may be cited as the 'Veterans Medical Technical and Conforming Amendments of 1976'.' Pub. L. 94-502, Sec. 1, Oct. 15, 1976, 90 Stat. 2383, provided: 'That this Act (enacting sections 1601 to 1643, and 2002A of this title, amending sections 1502 to 1505, 1507 to 1511, 1652, 1661 to 1663, 1670, 1671, 1673, 1674, 1676, 1681, 1682, 1685, 1691, 1692, 1696, 1698, 1700, 1701, 1711 to 1713, 1720, 1721, 1723, 1724, 1731 to 1734, 1736, 1741 to 1743, 1761, 1763, 1771, 1774, 1775, 1777, 1779 to 1781, 1783, 1784, 1786 to 1791, 1793, 1794, 1796, 1798, 1799, 2002, 2003 to 2008, 2011, 2012, 2021, 2024, and 3101 of this title, section 2108 of Title 5, Government Organization and Employees, and section 725s of former Title 31, Money and Finance, enacting provisions set out as notes under sections 1501, 1504, 1601, 1621, 1780, and 1798 of this title, and amending provisions set out as a note under section 2002 of this title) may be cited as the 'Veterans' Education and Employment Assistance Act of 1976'.' Pub. L. 94-502, Sec. 401, Oct. 15, 1976, 90 Stat. 2392, provided that: 'This title (enacting chapter 32 (Sec. 1601 et seq.) of this title, amending sections 1652, 1661, and 1662 of this title and section 725s of former Title 31, Money and Finance, and enacting provisions set out as notes under sections 1601 and 1621 of this title) may be cited as the 'Post-Vietnam Era Veterans' Educational Assistance Act of 1977'.' Pub. L. 94-433, Sec. 1, Sept. 30, 1976, 90 Stat. 1374, provided: 'That this Act (enacting section 908 of this title, amending sections 301, 302, 314, 315, 321, 322, 341, 351, 354, 358, 360 to 362, 402, 404, 410 to 414, 416, 421, 422, 423, 806, 1901, and 3012 of this title, and enacting provisions set out as notes under sections 301, 314, and 410 of this title) may be cited as the 'Veterans Disability Compensation and Survivor Benefits Act of 1976'.' Pub. L. 94-432, Sec. 1, Sept. 30, 1976, 90 Stat. 1369, provided: 'That this Act (enacting section 3006 of this title, amending sections 102, 322, 415, 502, 521, 541, 542, and 544 of this title, enacting provisions set out as a note under section 501 of this title, and amending provisions set out as notes under sections 322, 415, 521, 541, 542, and 544 of this title) may be cited as the 'Veterans and Survivors Pension Adjustment Act of 1976'.' Pub. L. 94-324, Sec. 1, June 30, 1976, 90 Stat. 721, provided that: 'This Act (enacting section 1807 of this title and section 1709-1a of Title 12, Banks and Banking, amending sections 1801 to 1806, 1810, 1811, 1815 to 1820, and 1823 to 1827 of this title, and enacting provisions set out as a note under section 1801 of this title) may be cited as the 'Veterans Housing Amendments Act of 1976'.' SHORT TITLE OF 1975 AMENDMENTS Section 1 of Pub. L. 94-169 provided: 'That this Act (amending this section and sections 322, 415, 501, 502, 503, 505, 506, 507, 511, 512, 521, 523, 532, 533, 534, 535, 536, 537, 541, 542, 543, 544, 560, 561, and 562 of this title, repealing sections 510 and 531 of this title, and enacting provisions set out as notes under this section and sections 322, 415, 501, 521, 541, 542, and 544 of this title) may be cited as the 'Veterans and Survivors Pension Interim Adjustment Act of 1975'.' Pub. L. 94-123, Sec. 1, Oct. 22, 1975, 89 Stat. 669, provided: 'That this Act (enacting section 4118 of this title, amending sections 4104 to 4108 of this title and sections 5314 and 5315 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 4104 and 4118 of this title) may be cited as the 'Veterans' Administration Physician and Dentist Pay Comparability Act of 1975'.' Pub. L. 94-71, Sec. 1, Aug. 5, 1975, 89 Stat. 395, provided: 'That this Act (amending sections 314, 315, 362, 411, 413, 414, and 3010 of this title and enacting provisions set out as notes under sections 314 and 411 of this title) may be cited as the 'Veterans Disability Compensation and Survivor Benefits Act of 1975'.' SHORT TITLE OF 1974 AMENDMENTS Pub. L. 93-602, title II, Sec. 201, Jan. 2, 1975, 88 Stat. 1958, provided that: 'This title (amending sections 1504, 1677, 1682, 1696, 1732, 1742, 1786, and 1787 of this title, and enacting provisions set out as a note under section 1504 of this title) may be cited as the 'Veterans' Education and Rehabilitation Equalization Amendments Act of 1974'.' Pub. L. 93-569, Sec. 1, Dec. 31, 1974, 88 Stat. 1863, provided: 'That this Act (amending sections 802, 1802, 1803, 1804, 1810, 1811, 1815, 1818, and 1819 of this title, and section 1757 of Title 12, Banks and Banking, repealing sections 1812, 1813, 1814, and 1822 of this title, and enacting provision set out as a note under section 1802 of this title), may be cited as the 'Veterans Housing Act of 1974'.' Pub. L. 93-538, Sec. 1, Dec. 22, 1974, 88 Stat. 1736, provided: 'That this Act (enacting section 1904 of this title, amending sections 1901, 1902, and 1903 of this title, and enacting provisions set out as a note under section 1901) may be cited as the 'Disabled Veterans' and Servicemen's Automobile and Adaptive Equipment Amendments of 1974'.' Pub. L. 93-527, Sec. 1, Dec. 21, 1974, 88 Stat. 1702, provided: 'That this Act (amending sections 103, 415, 521, 541, 542, 544, and 3010 of this title, and enacting provisions set out as notes under sections 501 and 521 of this title) may be cited as the 'Veterans and Survivors Pension Adjustment Act of 1974'.' Pub. L. 93-508, Sec. 1, Dec. 3, 1974, 88 Stat. 1578, provided: 'That this Act (enacting sections 219, 220, 243, 1686, 1737, 1796, 1798, 1799, 2014, and 2021 to 2026 of this title, amending sections 241, 242, 244, 1501, 1502, 1504, 1652, 1661, 1673, 1677, 1682, 1685, 1692, 1696, 1723, 1732, 1742, 1774, 1780, 1784, 1786, 1787, 1788, 2001 to 2003, 2005 to 2007, and 2012 of this title, and section 459 of the Appendix to Title 50, War and National Defense, renumbering sections 243 and 244 of this title as 244 and 245, and enacting provisions set out as notes under sections 1501, 1652, 1780, and 1798 of this title) may be cited as the 'Vietnam Era Veterans' Readjustment Assistance Act of 1974'.' Pub. L. 93-295, Sec. 1, May 31, 1974, 88 Stat. 180, provided: 'That this Act (amending sections 314, 315, 322, 337, 342, 411, 413, 414, 1701, and 3202 of this title, repealing section 343 of this title, and enacting provisions set out as notes under sections 301 and 314 of this title) may be cited as the 'Veterans Disability Compensation and Survivor Benefits Act of 1974'.' Pub. L. 93-289, Sec. 1, May 24, 1974, 88 Stat. 165, provided: 'That this Act (enacting sections 777, 778, and 779 of this title and section 707 of Title 37, Pay and Allowances of the Uniformed Services, amending sections 723, 765, 767, 768, 769, 770, 771, and 774 of this title, and enacting provisions set out as notes under sections 723, 765, 767, and 768 of this title and section 707 of Title 37), may be cited as the 'Veterans' Insurance Act of 1974'.' SHORT TITLE OF 1973 AMENDMENTS Pub. L. 93-82, Sec. 1, Aug. 2, 1973, 87 Stat. 179, provided: 'That this Act (enacting sections 613, 614, 628, 631, 632, 651 to 654, 4108, and 5007 of this title, amending sections 230, 234, 601, 610, 612, 620, 626, 641, 644, 4101, 4103, 4107 to 4109, 4112, 4114, 4116, 4117, 5001, 5012, 5033 to 5036, and 5053 of this title, enacting provisions set out as a note under section 632 of this title, and repealing former sections 613, 614, 631, 632, and 4108 of this title) may be cited as the 'Veterans Health Care Expansion Act of 1973'.' Pub. L. 93-43, Sec. 1, June 18, 1973, 87 Stat. 75, provided: 'That this Act (enacting chapter 24 (Sec. 1000 et seq.) and sections 218, 906, and 907 of this title, amending sections 903 and 3505 of this title and section 5316 of Title 5, Government Organization and Employees, repealing section 625 of this title and sections 271 to 273, 278 to 279d, 281 to 282, 286 to 290, and 296 of Title 24, Hospitals and Asylums, enacting provisions set out as notes under sections 903, 906, 1000, and 1004 of this title and sections 271 to 276 of Title 24, and repealing provisions set out as notes under sections 289 and 290 of Title 24) may be cited as the 'National Cemeteries Act of 1973'.' SHORT TITLE OF 1972 AMENDMENTS Pub. L. 92-541, Sec. 1, Oct. 24, 1972, 86 Stat. 1100, provided: 'That this Act (enacting subchapter II (Sec. 4121 et seq.) of chapter 73 and chapter 82 (Sec. 5070 et seq.) of this title), may be cited as the 'Veterans' Administration Medical School Assistance and Health Manpower Training Act of 1972'.' Section 1 of Pub. L. 92-540 provided: 'That this Act (enacting sections 1684, 1685, 1697A, 1733, 1734, 1780, 1786 to 1791, 2006-2008, and 2011 to 2013 of this title and section 591 of Appendix to Title 50, War and National Defense, redesignating sections 1686 as 1683, 1737 as 1736, and 1788 to 1791 as 1792 to 1795, respectively, amending this section and sections 102, 240, 241, 1502, 1504, 1507, 1661, 1671, 1673, 1677, 1681, 1682, 1691, 1692, 1696, 1701, 1712, 1720, 1723, 1731, 1732, 1735, 1742, 1770 to 1774, 1777, 1781 to 1785, 1792, 1793, 1795, 2001 to 2005, 3107, and 3301 of this title, and section 511 of Appendix to Title 50, repealing sections 1672, 1675, 1683, 1687, 1722, 1725, and 1736 of this title, and enacting provisions set out as notes under this section and sections 1712, 1780, 1786, 1792, and 2001 of this title) may be cited as the 'Vietnam Era Veterans' Readjustment Assistance Act of 1972'.' Section 501 of title V of Pub. L. 92-540 provided that: 'This title (enacting sections 2006 to 2008 and 2011 to 2013 of this title and section 591 of Appendix to Title 50, War and National Defense, and amending sections 2002 to 2005 and 3107 of this title and section 511 of Appendix to title 50) may be cited as the 'Veterans' Employment and Readjustment Act of 1972'.' Pub. L. 92-328, Sec. 1, June 30, 1972, 86 Stat. 393, provided that: 'This Act (enacting section 362 of this title, amending sections 210, 314, 315, 334, 335, 536, 1817, 1820, 3021, 3102, 3202, 3203, and 3503 of this title, repealing section 336 of this title, and enacting provisions set out as notes under sections 210, 314, 334, 3102, and 3203 of this title) may be cited as the 'Veterans' Compensation and Relief Act of 1972'.' SHORT TITLE OF 1971 AMENDMENT Pub. L. 91-666, Sec. 1, Jan. 11, 1971, 84 Stat. 1998, provided: 'That this Act (enacting chapter 39 (Sec. 1901 et seq.) of this title) may be cited as the 'Disabled Veterans' and Servicemen's Automobile Assistance Act of 1970'.' SHORT TITLE OF 1970 AMENDMENTS Pub. L. 91-506, Sec. 1, Oct. 23, 1970, 84 Stat. 1108, provided: 'That this Act (enacting section 1819 of this title, amending sections 802, 1802, 1803, 1804, 1810, 1811, and 1818 of this title, and enacting provisions set out as notes under sections 1802 and 1819 of this title) may be cited as the 'Veterans' Housing Act of 1970'.' Pub. L. 91-219, Sec. 1, Mar. 26, 1970, 84 Stat. 76, provided: 'That this Act (enacting sections 240 to 244, 1691 to 1693, 1695 to 1697, and 1763 of this title, amending sections 1504, 1652, 1661, 1673, 1677, 1681, 1682, 1683, 1684, 1712, 1723, 1732, 1733, 1742, 1772, 1777, and 1781 of this title, repealing section 1678 of this title, enacting provisions set out as notes under section 1504 of this title, and repealing provisions set out as notes under section 1781 of this title and section 1060 of Title 20, Education) may be cited as the 'Veterans Education and Training Amendments Act of 1970'.' SHORT TITLE OF 1967 AMENDMENT Section 1 of Pub. L. 90-77 provided that: 'This Act (enacting sections 544, 1677, 1678, 1683, and 1777 of this title, amending this section and sections 103, 302, 314, 404, 502, 503, 511, 512, 521, 531, 532, 534, 536, 541, 542, 602, 612, 617, 901, 1652, 1661, 1662, 1673, 1682, 1712, 1784, 1802, 1803, 1811, 1901, and 1905 of this title, and enacting provisions set out as notes under this section and sections 521, 1678, 1712, and 1803 of this title) may be cited as the 'Veterans' Pension and Readjustment Assistance Act of 1967'.' SHORT TITLE OF 1966 AMENDMENTS Pub. L. 89-785, Sec. 1, Nov. 7, 1966, 80 Stat. 1368, provided: 'That this Act (enacting sections 4117 and 5051 to 5057 of this title, amending sections 210, 213, 233, 610, 4101 to 4107, 4111 to 4114, 5004, and 5012 of this title, and enacting provisions set out as notes under section 4107 of this title) may be cited as the 'Veterans Hospitalization and Medical Services Modernization Amendments of 1966'.' Section 1 of Pub. L. 89-358 provided that: 'This Act (enacting sections 337, 1651 to 1698, 1770, 1781 to 1790, 1818, and 1826 of this title, amending this section and sections 102, 111, 211, 610, 901, 903, 1701, 1711, 1731, 1734 to 1736, 1761, 1762, 1771 to 1776, 1803, 1811, 1822, 2001 to 2004, and 3013 of this title, section 851 of former Title 5, Executive Departments and Government Officers and Employees, (see sections 1302 and 2108 of Title 5, Government Organization and Employees) and section 530 of Appendix to Title 50, War and National Defense, repealing chapter 33, consisting of sections 1601, 1610 to 1613, 1620 to 1626, 1631 to 1634, 1641 to 1645, 1651 to 1656, and 1661 to 1669, and sections 1726 and 1763 to 1768 of this title, and enacting provisions set out as notes under section 1651 of this title) may be cited as the 'Veterans' Readjustment Benefits Act of 1966'.' SHORT TITLE OF 1959 AMENDMENT Pub. L. 86-211, Sec. 1, Aug. 29, 1959, 73 Stat. 432, provided: 'That this Act (enacting sections 506 and 617 of this title, amending sections 503, 521, 522, 541 to 543, and 3203 of this title, section 948 of former Title 5, Executive Departments and Government Officers and Employees, section 1441 of Title 10, Armed Forces, and section 228s-1 of Title 45, Railroads, and enacting provisions set out as notes under section 521 of this title) may be cited as the 'Veterans' Pension Act of 1959'.' STUDY OF BENEFITS PAYABLE TO PERSONS RESIDING OUTSIDE THE UNITED STATES; REPORT AND RECOMMENDATIONS NOT LATER THAN FEBRUARY 1, 1980 Pub. L. 96-22, title IV, Sec. 402, June 13, 1979, 93 Stat. 63, authorized the Administrator of Veterans' Affairs, in consultation with the Secretary of State, to carry out a comprehensive study of benefits payable under this title to persons residing outside the fifty States and the District of Columbia and required submission of a report to the Congress and to the President on the results of such study not later than Feb. 1, 1980. DISABILITY COMPENSATION OR DEPENDENCY AND INDEMNITY COMPENSATION AWARD; EFFECTIVE DATE Section 6(b) of Pub. L. 91-621 provided that the effective date of an award by the Veteran's Administration arising from injury or death occurring prior to Dec. 31, 1970 and based on a claim arising from amendments made to pars. (21)(C), (25)(F) of this section and 3105 of this title, shall be the date following date of discharge or release, or the first day of the month in which death occurred, provided that the application was filed within six months after Dec. 31, 1970. -EXEC- PROC. NO. 4373. TERMINAL DATE RESPECTING SERVICE DURING VIETNAM ERA Proc. No. 4373, May 7, 1975, 40 F.R. 20257, provided: The Congress has provided that entitlement to certain veterans benefits be limited to persons serving in the Armed Forces during the period, beginning August 5, 1964, referred to as the Vietnam era. The President is authorized to determine the last day on which a person must have entered the active military, naval, or air service during that period. The signing of the cease-fire agreements and implementing protocols on January 27, 1973, between the United States of America and the Republic of Vietnam, on the one hand, and the Democratic Republic of Vietnam and the Provisional Revolutionary Government of the Republic of South Vietnam on the other hand, has terminated active participation by the Armed Forces of the United States in the Vietnam conflict. NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, by virtue of the authority vested in me by Section 101(29) of Title 38 of the United States Code, do hereby proclaim, for the purposes of said Section 101(29), that May 7, 1975, is designated as the last day of the 'Vietnam era.' IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May in the year of our Lord nineteen hundred seventy-five, and of the Independence of the United States of America the one hundred ninety-ninth. Gerald R. Ford. -CROSS- DEFINITION OF ADMINISTRATOR FOR 1988 AMENDMENTS Pub. L. 100-687, div. B, Sec. 1002, Nov. 18, 1988, 102 Stat. 4122, provided that: 'For purposes of this division (see Short Title of 1988 Amendments note above), the term 'Administrator' means the Administrator of Veterans' Affairs.' Section 3 of Pub. L. 100-322 provided that: 'For purposes of this Act (see Short Title of 1988 Amendments note above), the term 'Administrator' means the Administrator of Veterans' Affairs.' CROSS REFERENCES General military law, see sections 101 and 261 of Title 10, Armed Forces. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 901, 3102, 5011A of this title; title 5 sections 2108, 3501, 5532, 6303; title 10 section 2641; title 20 section 1070e-1; title 26 sections 3121, 6334; title 42 sections 410, 1477, 11448; title 49 App. section 2214. ------DocID 42683 Document 37 of 965------ -CITE- 38 USC Sec. 102 -EXPCITE- TITLE 38 PART I CHAPTER 1 -HEAD- Sec. 102. Dependent parents -STATUTE- (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 Administrator. (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 Administrator shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support. (C) (FOOTNOTE 1) For the purposes of this section, in determining monthly income the Administrator shall not consider any payments under laws administered by the Veterans' Administration because of disability or death or payments of bonus or similar cash gratuity by any State based upon service in the Armed Forces. (FOOTNOTE 1) So in original. Probably should be '(c)'. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 89-358, Sec. 4(e), (f), Mar. 3, 1966, 80 Stat. 24; Pub. L. 92-540, title IV, Sec. 408, Oct. 24, 1972, 86 Stat. 1092; Pub. L. 94-432, title IV, Sec. 402, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 99-576, title VII, Sec. 701(1), Oct. 28, 1986, 100 Stat. 3289.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-576, Sec. 701(1)(B), substituted 'Dependent parents' for 'Dependent parents; husbands' in section catchline. Subsec. (a). Pub. L. 99-576, Sec. 701(1)(A)(ii), (iii), (v), struck out par. (1) designation and redesignated par. (2) of subsec. (a) as subsec. (b) and par. (3) of subsec. (a) as subsec. (C). Subsec. (b). Pub. L. 99-576, Sec. 701(1)(A)(i), (iii), (iv), redesignated former subsec. (a)(2) as subsec. (b) and substituted '(1)' and '(2)' for '(A)' and '(B)', respectively. Former subsec. (b), which read 'For the purposes of this title, (1) the term 'wife' includes the husband of any female veteran; and (2) the term 'widow' includes the widower of any female veteran', was struck out. Subsec. (c). Pub. L. 99-576, Sec. 701(1)(A)(v), redesignated former subsec. (a)(3) as subsec. (C) and substituted 'For the purposes of this section,' for 'For the purposes of this subsection'. 1976 - Subsec. (a)(2). Pub. L. 94-432 substituted prohibition against denial of dependency of a parent '(B) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Administrator shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support' for such prohibition '(B) in any case in any State where the monthly income for a mother or father, not living together, is not more than $105, or where the monthly income for a mother and father living together, is not more than $175, plus, in either case, $45, for each additional member of the family whom the father or mother is under a moral or legal obligation to support, as determined by the Administrator'. 1972 - Pub. L. 92-540, Sec. 408(2), substituted 'Dependent parents; husbands' for 'Dependent parents and dependent husbands' in section catchline. Subsec. (b). Pub. L. 92-540, Sec. 408(1), struck out exception which made definition of terms inapplicable to chapter 19 of this title and struck out from definitions of 'wife' and 'widow' provisions relating to the ability of such persons to maintain and support themselves. 1966 - Subsec. (a)(2). Pub. L. 89-358, Sec. 4(e), substituted 'Dependency' for 'Except for the purposes of chapter 33 of this title, dependency'. Subsec. (b). Pub. L. 89-358, Sec. 4(f), struck out from introductory parenthetical phrase reference to chapter 33 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-432 effective Sept. 30, 1976, see section 405(a) of Pub. L. 94-432, set out as a note under section 521 of this title. ------DocID 42684 Document 38 of 965------ -CITE- 38 USC Sec. 103 -EXPCITE- TITLE 38 PART I CHAPTER 1 -HEAD- Sec. 103. Special provisions relating to marriages -STATUTE- (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 Veterans' Administration, it is established by evidence satisfactory to the Administrator 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 Veterans' Administration 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) 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 Veterans' Administration determines that the annulment was secured through fraud by either party or collusion. (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 Veterans' Administration determines that the annulment was secured through fraud by either party or collusion. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 87-674, Sec. 2, Sept. 19, 1962, 76 Stat. 558; Pub. L. 90-77, title I, Sec. 101(b), Aug. 31, 1967, 81 Stat. 178; Pub. L. 91-376, Sec. 4, Aug. 12, 1970, 84 Stat. 789; Pub. L. 93-527, Sec. 9(a), Dec. 21, 1974, 88 Stat. 1705; Pub. L. 99-576, title VII, Sec. 701(2), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 101-508, title VIII, Sec. 8004(a), Nov. 5, 1990, 104 Stat. 1388-343.) -MISC1- AMENDMENTS 1990 - Subsec. (d). Pub. L. 101-508, Sec. 8004(a)(1), designated par. (1) as entire subsec. (d) and struck out pars. (2) and (3) which read as follows: '(2) 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 has been terminated by death or has been dissolved by a court with basic authority to render divorce decrees unless the Veterans' Administration determines that the divorce was secured through fraud by the surviving spouse or collusion. '(3) If a surviving spouse 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.' Subsec. (e). Pub. L. 101-508, Sec. 8004(a)(2), designated par. (1) as entire subsec. (e) and struck out par. (2) which read as follows: 'The marriage of a child of a veteran shall not bar the recognition of such child as the child of the veteran for benefit purposes if the marriage has been terminated by death or has been dissolved by a court, with basic authority to render divorce decrees unless the Veterans' Administration determines that the divorce was secured through fraud by either party or collusion.' 1986 - Subsec. (a). Pub. L. 99-576, Sec. 701(2)(A), substituted 'person as the widow or widower' for 'woman as the widow', 'such person' for 'she', 'the veteran' for 'him', 'the veteran's' for 'his', and 'legal widow or widower' for 'legal widow'. Subsec. (b). Pub. L. 99-576, Sec. 701(2)(B), substituted 'surviving spouse' for 'widow'. Subsec. (c). Pub. L. 99-576, Sec. 701(2)(C), substituted 'person is or was the spouse' for 'woman is or was the wife'. Subsec. (d)(1). Pub. L. 99-576, Sec. 701(2)(D), substituted 'surviving spouse of a veteran shall not bar the furnishing of benefits to such person as the surviving spouse' for 'widow of a veteran shall not bar the furnishing of benefits to her as the widow'. Subsec. (d)(2). Pub. L. 99-576, Sec. 701(2)(E), substituted 'surviving spouse' for 'widow' wherever appearing, and 'such person' for 'her'. Subsec. (d)(3). Pub. L. 99-576, Sec. 701(2)(F), substituted 'surviving spouse' for 'widow' wherever appearing, 'person' for 'man', 'himself or herself' for 'herself', 'that person's spouse' for 'his wife', and 'that person' for 'her'. 1974 - Subsec. (e). Pub. L. 93-527 designated existing provisions as par. (1) and added par. (2). 1970 - Subsec. (d). Pub. L. 91-376 designated existing provisions as par. (1) and added pars. (2) and (3). 1967 - Subsec. (a). Pub. L. 90-77 reduced cohabitation period from five years to one year for purposes of deeming a purported marriage valid and provided for cohabitation for any period of time if a child was born of the purported marriage or was born before the marriage. 1962 - Subsecs. (d), (e). Pub. L. 87-674 added subsecs. (d) and (e). EFFECTIVE DATE OF 1990 AMENDMENT Section 8004(b) of Pub. L. 101-508 provided that: 'The amendments made by subsection (a) (amending this section) shall apply with respect to claims filed after October 31, 1990, and shall not operate to reduce or terminate benefits to any individual whose benefits were predicated on section 103(d)(2), 103(d)(3), or 103(e)(2) before the effective date of those amendments.' EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section 10 of Pub. L. 93-527, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-376 effective Jan. 1, 1971, see section 9 of Pub. L. 91-376, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90-77, set out as a note under section 101 of this title. REINSTATEMENT OF BENEFITS SUBSEQUENT TO TERMINATION OF RELATIONSHIP OR CONDUCT RESTRICTING PAYMENT OF BENEFITS; EFFECTIVE DATE OF AWARD Section 5 of Pub. L. 91-376, effective January 1, 1971, provided that: '(a) If a widow terminates a relationship or conduct which resulted in imposition of a prior restriction on payment of benefits, in the nature of inference or presumption of remarriage, or relating to open and notorious adulterous cohabitation or similar conduct, she shall not be denied any benefits by the Veterans' Administration, other than insurance, solely because of such prior relationship or conduct. '(b) The effective date of an award of benefits resulting from enactment of subsection (a) of this section shall not be earlier than the date of receipt of application therefor, filed after termination of the particular relationship or conduct and after December 31, 1970.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3010 of this title. ------DocID 42685 Document 39 of 965------ -CITE- 38 USC Sec. 104 -EXPCITE- TITLE 38 PART I CHAPTER 1 -HEAD- Sec. 104. Approval of educational institutions -STATUTE- (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 Administrator may approve or disapprove such educational institutions. (b) The Administrator may not approve an educational institution under this section unless such institution has agreed to report to the Administrator the termination of attendance of any child. If any educational institution fails to report any such termination promptly, the approval of the Administrator shall be withdrawn. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 91-24, Sec. 1(c), June 11, 1969, 83 Stat. 33; Pub. L. 99-576, title VII, Sec. 701(3), Oct. 28, 1986, 100 Stat. 3290.) -MISC1- AMENDMENTS 1986 - Subsec. (b). Pub. L. 99-576 substituted 'report to the Administrator' for 'report to him'. 1969 - Subsec. (a). Pub. L. 91-24 substituted 'the age of twenty-three years' for 'the age of twenty-one years'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 414 of this title. ------DocID 42686 Document 40 of 965------ -CITE- 38 USC Sec. 105 -EXPCITE- TITLE 38 PART I CHAPTER 1 -HEAD- Sec. 105. Line of duty and misconduct -STATUTE- (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 complies 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 Veterans' Administration, the disabling effects of chronic alcoholism shall not be considered to be the result of willful misconduct. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 99-576, title VII, Sec. 701(4), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 100-689, title I, Sec. 109, Nov. 18, 1988, 102 Stat. 4170; Pub. L. 101-508, title VIII, Sec. 8052(a)(1), Nov. 5, 1990, 104 Stat. 1388-351.) -MISC1- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-508 substituted 'a result of the person's own willful misconduct or abuse of alcohol or drugs' for 'the result of the person's own willful misconduct'. 1988 - Subsec. (c). Pub. L. 100-689 added subsec. (c). 1986 - Subsec. (a). Pub. L. 99-576, Sec. 701(4)(A), substituted 'result of the person's' for 'result of his' and 'requiring the person' for 'requiring him'. Subsec. (b)(1). Pub. L. 99-576, Sec. 701(4)(B), substituted 'service or by absenting himself or herself' for 'service, or by absenting himself'. EFFECTIVE DATE OF 1990 AMENDMENT Section 8052(b) of Pub. L. 101-508 provided that: 'The amendments made by subsection (a) (amending this section and sections 310 and 331 of this title) shall take effect with respect to claims filed after October 31, 1990.' ------DocID 42687 Document 41 of 965------ -CITE- 38 USC Sec. 106 -EXPCITE- TITLE 38 PART I CHAPTER 1 -HEAD- Sec. 106. Certain service deemed to be active service -STATUTE- (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 Veterans' Administration. (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 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) For the purposes of this title, any individual - (1) who, when authorized or required by competent authority, assumes an obligation to perform active duty for training or inactive duty training; and (2) who is disabled or dies from an injury 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 was incurred. 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 so incurred, the Administrator 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. 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. (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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 87-102, Sec. 1, July 21, 1961, 75 Stat. 219; Pub. L. 88-616, Oct. 2, 1964, 78 Stat. 994; Pub. L. 89-311, Sec. 5, Oct. 31, 1965, 79 Stat. 1156; Pub. L. 97-295, Sec. 4(3), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99-576, title VII, Sec. 701(5), Oct. 28, 1986, 100 Stat. 3291.) -MISC1- AMENDMENTS 1986 - Subsec. (b)(2). Pub. L. 99-576, Sec. 701(5)(A), substituted 'the person's' for 'his'. Subsec. (c). Pub. L. 99-576, Sec. 701(5)(B), substituted 'required for that individual' for 'required for him', 'proceed to that individual's home' for 'proceed to his home', and 'in any event that individual' for 'in any event he'. Subsec. (d). Pub. L. 99-576, Sec. 701(5)(C), struck out 'by him' after 'injury incurred' in cl. (2), and in closing provisions, substituted 'such individual was disabled' for 'he was disabled', 'on which such individual began' for 'on which he began', 'such individual was scheduled' for 'he was scheduled', 'such individual ceased' for 'he ceased', and 'the itinerary' for 'his itinerary'. 1982 - Subsec. (a)(2). Pub. L. 97-295, Sec. 4(3)(A), substituted 'subchapter I of chapter 81 of title 5' for 'the Federal Employees' Compensation Act'. Subsec. (e). Pub. L. 97-295, Sec. 4(3)(B), substituted 'title 5 as a preference eligible described in section 2108(3)(C) of title 5' for 'the Act of June 27, 1944, (58 Stat. 387-391), as a person described in section 2(1) of such Act'. 1965 - Subsec. (e). Pub. L. 89-311 added subsec. (e). 1964 - Subsec. (d)(2). Pub. L. 88-616 struck out 'after December 31, 1956,' after 'injury incurred'. 1961 - Subsec. (c). Pub. L. 87-102 extended provisions for benefits based on limited periods immediately following discharge from active duty after December 31, 1956 to veterans discharged before such date. EFFECTIVE DATE OF 1961 AMENDMENT Section 2 of Pub. L. 87-102 provided that: 'No monetary benefits shall accrue by reason of the amendments made by this Act (amending this section) for any period prior to the date of enactment (July 21, 1961).' WOMEN'S AIR FORCES SERVICE PILOTS Pub. L. 95-202, title IV, Sec. 401, Nov. 23, 1977, 91 Stat. 1449, as amended by Pub. L. 96-466, title VIII, Sec. 801(m)(3), Oct. 17, 1980, 94 Stat. 2217; Pub. L. 98-94, title XII, Sec. 1263(a), Sept. 24, 1983, 97 Stat. 703, provided that: '(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 Veterans' Administration 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. '(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 Veterans' Administration, 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.' (Section 1263(b) of Pub. L. 98-94 provided that: 'The amendment made by subsection (a) (enacting subsec. (c) set out above) shall apply to all persons issued discharges under honorable conditions pursuant to section 401 of the GI Bill Improvements Act of 1977 (Pub. L. 95-202, set out above) whether such discharges are awarded before, on, or after the date of the enactment of this Act (Sept. 24, 1983).') (Amendment of subsec. (a)(1)(B), set out above, by Pub. L. 96-466, effective Oct. 1, 1980, see section 802(h) of Pub. L. 96-466, set out as an Effective Date of 1980 Amendment note under section 1652 of this title.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 402, 902 of this title. ------DocID 42688 Document 42 of 965------ -CITE- 38 USC Sec. 107 -EXPCITE- TITLE 38 PART I CHAPTER 1 -HEAD- Sec. 107. Certain service deemed not to be active service -STATUTE- (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 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 412(a)), and 23 of this title. Payments under such chapters shall be made at a rate in pesos as is equivalent to $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 in Philippine pesos as is equivalent to $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 Veterans' Administration 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 722 of this title; and (2) chapters 11 and 13 (except section 412(a)) of this title. Payments under such chapters shall be made at a rate in pesos as is equivalent to $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 in Philippine pesos as is equivalent to $0.50 for each dollar. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1111; Pub. L. 87-268, Sec. 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 89-641, Sec. 2(a), Oct. 11, 1966, 80 Stat. 885; Pub. L. 97-295, Sec. 4(4), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99-576, title VII, Sec. 701(6), Oct. 28, 1986, 100 Stat. 3291.) -REFTEXT- REFERENCES IN TEXT Section 14 of the Armed Forces Voluntary Recruitment Act of 1945, referred to in subsec. (b), is section 14 of act Oct. 6, 1945, ch. 393, 59 Stat. 543, which enacted section 637 of former Title 10, Army and Air Force, and was omitted from the Code in the revision and reenactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, 70A Stat. 1. Sections 620 and 621 of the National Service Life Insurance Act of 1940, referred to in subsec. (b)(1), are sections 620 and 621 of act Oct. 8, 1940, ch. 757, title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt. II, Sec. 10, 65 Stat. 36, which enacted sections 820 and 821 of former Title 38, Pensions, Bonuses, and Veterans' Relief, which were repealed and the provisions thereof reenacted as sections 722(a) and 723 of this title by Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1105. -MISC2- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-576 substituted 'that such member's' for 'that his' in last sentence. 1982 - Subsec. (a)(2). Pub. L. 97-295 substituted 'chapter 10 of title 37' for 'the Missing Persons Act'. 1966 - Pub. L. 89-641 increased the specified dollar/peso rate for payments from one peso for each dollar otherwise authorized to a rate in Philippine pesos equivalent to $0.50 for each dollar. 1961 - Pub. L. 87-268 substituted 'section 412(a)' for 'sections 412' wherever appearing. EFFECTIVE DATE OF 1966 AMENDMENT Section 2(b) of Pub. L. 89-641 provided that: 'The amendments made by subsection (a) of this section (amending this section) shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act (Oct. 11, 1966).' EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3 of Pub. L. 87-268, set out as a note under section 412 of this title. REFUND OF ERRONEOUSLY DEDUCTED NSLI PREMIUM TO PHILIPPINE VETERANS ON PROPER APPLICATION Section 1 of Pub. L. 89-641 provided for the refund of erroneously deducted insurance premiums to Philippine armed forces members in the service of the United States Armed Forces, such refund to be made upon receipt of an application within two years after Oct. 11, 1966. In the event of the death of such member, the refund was to be made only to the widow or widower, children or parents of such member, in that order, with no refunds to heirs or legal representatives. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 725 of this title. ------DocID 42689 Document 43 of 965------ -CITE- 38 USC Sec. 108 -EXPCITE- TITLE 38 PART I CHAPTER 1 -HEAD- Sec. 108. Seven-year absence presumption of death -STATUTE- (a) No State law providing for presumption of death shall be applicable to claims for benefits under laws administered by the Veterans' Administration. (b) If evidence satisfactory to the Administrator 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 784 of this title, the finding of death made by the Administrator shall be final and conclusive. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 99-576, title VII, Sec. 701(7), Oct. 28, 1986, 100 Stat. 3291.) -MISC1- AMENDMENTS 1986 - Subsec. (b). Pub. L. 99-576 substituted 'that individual's' for 'his' in two places. ------DocID 42690 Document 44 of 965------ -CITE- 38 USC Sec. 109 -EXPCITE- TITLE 38 PART I CHAPTER 1 -HEAD- Sec. 109. Benefits for discharged members of allied forces -STATUTE- (a)(1) In consideration of reciprocal services extended to the United States, the Administrator, 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 Administrator 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 Veterans' Administration 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 Administrator 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. (2) The Administrator, 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 Veterans' Administration as reimbursement for such services shall be credited to the current appropriation of the Veterans' Administration 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 Administrator 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 94-491, Oct. 14, 1976, 90 Stat. 2363; Pub. L. 99-576, title VII, Sec. 701(8), Oct. 28, 1986, 100 Stat. 3291.) -MISC1- AMENDMENTS 1986 - Subsec. (b). Pub. L. 99-576 substituted 'such person' for 'he'. 1976 - Subsec. (c). Pub. L. 94-491 added subsec. (c). ------DocID 42691 Document 45 of 965------ -CITE- 38 USC Sec. 110 -EXPCITE- TITLE 38 PART I CHAPTER 1 -HEAD- Sec. 110. Preservation of disability ratings -STATUTE- A rating of total disability or permanent total disability which has been made for compensation, pension, or insurance purposes under laws administered by the Veterans' Administration, 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 Veterans' Administration shall not thereafter be rated at less than such evaluation, except upon a showing that such rating was based on fraud. The mentioned period shall be computed from the date determined by the Administrator as the date on which the status commenced for rating purposes. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 87-825, Sec. 6, Oct. 15, 1962, 76 Stat. 950; Pub. L. 88-445, Sec. 1(a), (b), Aug. 19, 1964, 78 Stat. 464; Pub. L. 91-32, June 23, 1969, 83 Stat. 38.) -MISC1- AMENDMENTS 1969 - Pub. L. 91-32 substituted 'evaluation' for 'percentage' wherever appearing. 1964 - Pub. L. 88-445 substituted 'Preservation of disability ratings' for 'Preservation of total disability ratings' in section catchline, and inserted sentence directing that a disability which has been continuously rated at or above any percentage for twenty or more years for compensation purposes shall not thereafter be rated at less than such percentage, except upon a showing that such rating was based on fraud. 1962 - Pub. L. 87-825 provided for computation of the period from the date the Administrator determines as the date the status commenced for rating purposes. EFFECTIVE DATE OF 1969 AMENDMENT Section 1 of Pub. L. 91-32 provided that the amendment made by that section is effective Aug. 19, 1964. EFFECTIVE DATE OF 1962 AMENDMENT Section 7 of Pub. L. 87-825 provided that: 'This Act (enacting section 3110 of this title, amending this section and sections 351, 359, 3010, and 3012 of this title, and repealing sections 3004 and 3011 of this title) shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act (Oct. 15, 1962), but no payments shall be made by reason of this Act for any period before such effective date. Payments for any period before such effective date shall be made under prior laws and regulations. The provisions of this Act with respect to reductions and discontinuances shall be applicable only where the event requiring such reduction or discontinuance occurs on or after such effective date. If such event occurred before such effective date, action shall be taken pursuant to the prior laws and regulations.' ------DocID 42692 Document 46 of 965------ -CITE- 38 USC Sec. 111 -EXPCITE- TITLE 38 PART I CHAPTER 1 -HEAD- Sec. 111. Payments or allowances for beneficiary travel -STATUTE- (a) Under regulations prescribed by the President pursuant to the provisions of this section, the Administrator 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 Veterans' Administration facility or other place in connection with vocational rehabilitation, counseling required by the Administrator 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 Administrator exercises the authority under this section to make any payments, the Administrator 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 521 of this title. (D) A veteran (i) whose annual income (as determined under section 503 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 521 of this title, or (ii) who is determined, under regulations prescribed by the Administrator, 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 Veterans' Administration 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 Veterans' Administration facility is incident to a scheduled compensation and pension examination. (2) The Administrator 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 Administrator shall prescribe. (3)(A) Except as provided in subparagraph (B) of this paragraph, the Administrator shall not make payments under this section for travel performed by a special mode of travel unless (i) the travel by such mode is medically required and is authorized by the Administrator 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 Administrator 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 the Veteran's (FOOTNOTE 1) Administration facility by special mode of travel, the Administrator 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 Administrator 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. (FOOTNOTE 1) So in original. Probably should be 'Veterans' '. (c)(1) Except as otherwise provided in this subsection, the Administrator, 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 Administrator 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 Administrator 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 Veterans' Administration 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 Administrator 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 Administrator shall prescribe in regulations the conditions under which a finding of severe financial hardship is warranted for purposes of this paragraph. (5) Whenever the Administrator increases or decreases the rates of allowances or reimbursement to be paid under this section, the Administrator 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: (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 Veterans' Administration) in order to perform such travel, the attendant may be allowed expenses of travel upon the same basis as such person. (f) The Administrator 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 Veterans' Administration facility. (g)(1) In carrying out the purposes of this section, the Administrator, 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 Veterans' Administration 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 Administrator 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 Administrator 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 521 of this title, or a person whose annual income, determined in accordance with section 503 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 521 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 Administrator 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; (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 Administrator shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report containing the rates and amounts the Administrator 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 Administrator, 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 Veterans' Administration, would take responsibility for the transportation, without reimbursement from the Veterans' Administration, to Veterans' Administration facilities of veterans (primarily those residing in areas which are geographically accessible to such facilities) who seek services or benefits from the Veterans' Administration under chapter 17 or other provisions of this title. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 86-590, July 5, 1960, 74 Stat. 329; Pub. L. 89-358, Sec. 4(g), Mar. 3, 1966, 80 Stat. 24; Pub. L. 89-455, June 18, 1966, 80 Stat. 208; Pub. L. 94-581, title I, Sec. 101, Oct. 21, 1976, 90 Stat. 2842; Pub. L. 96-151, title II, Sec. 201(a), Dec. 20, 1979, 93 Stat. 1093; Pub. L. 97-295, Sec. 4(5), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 100-322, title I, Sec. 108(a), (b)(1), (c)-(e)(1), May 20, 1988, 102 Stat. 496-498.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-322, Sec. 108(e)(1), substituted 'Payments or allowances for beneficiary travel' for 'Travel expenses' in section catchline. Subsecs. (b), (c). Pub. L. 100-322, Sec. 108(a)(2), added subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d) and (e), respectively. Subsec. (d). Pub. L. 100-322, Sec. 108(a)(1), (d), redesignated subsec. (b) as (d), and in par. (1) substituted 'The mileage' for 'the mileage' and 'of this section.' for 'hereof;', in par. (2) substituted 'Actual' for 'actual' and a period for a semicolon, and in par. (3) substituted 'The expense' for 'the expense'. Former subsec. (d) redesignated (f). Subsecs. (e), (f). Pub. L. 100-322, Sec. 108(a)(1), redesignated subsecs. (c) and (d) as (e) and (f), respectively. Former subsec. (e) redesignated (g). Subsec. (g). Pub. L. 100-322, Sec. 108(a)(1), (c), redesignated subsec. (e) as (g), and in par. (4) substituted 'Before determining rates or adjusting amounts' for 'Before determining rates' and 'containing the rates and amounts' for 'containing the rates'. Subsec. (h). Pub. L. 100-322, Sec. 108(b)(1), added subsec. (h). 1982 - Subsec. (e)(4). Pub. L. 97-295 substituted 'and' for ', and not later than sixty days after the effective date of this subsection, and thereafter' after 'under this section'. 1979 - Subsec. (e)(2)(A). Pub. L. 96-151 substituted provisions respecting determinations pursuant to regulations prescribed by the Administrator, subject to applicable exceptions, for provisions respecting determinations based on annual declarations and certifications by persons claiming reimbursements, subject to applicable exceptions. 1976 - Subsec. (a). Pub. L. 94-581, Sec. 101(1), inserted 'pursuant to the provisions of this section' after 'President'. Subsec. (e). Pub. L. 94-581, Sec. 101(2), added subsec. (e). 1966 - Subsec. (a). Pub. L. 89-358 substituted reference to chapter 34 for 33. Subsec. (b). Pub. L. 89-455 authorized the prepayment of actual local travel expenses and the expense of hiring an automobile or ambulance, or the fee authorized for the services of a nonemployee attendant. 1960 - Subsec. (a). Pub. L. 86-590 allowed reimbursement for actual cost of ferry fares, and bridge, road, and tunnel tolls. EFFECTIVE DATE OF 1988 AMENDMENT Section 108(g) of Pub. L. 100-322 provided that: 'The amendments made by subsection (a) (amending this section) shall take effect with respect to travel performed after June 30, 1988.' EFFECTIVE DATE OF 1979 AMENDMENT Section 206 of Pub. L. 96-151 provided that: 'Except as otherwise provided in section 205(b), the amendments made by this title (amending this section and sections 601, 614, and 628 of this title) shall take effect on January 1, 1980.' EFFECTIVE DATE OF 1976 AMENDMENT Section 211 of Pub. L. 94-581 provided that: 'Except as otherwise provided in this Act, the amendments made by this Act (see Short Title of 1976 Amendment note set out under section 101 of this title) to title 38, United States Code, shall take effect on October 1, 1976, or on the date of enactment (Oct. 21, 1976), whichever is later.' TRANSITION PROVISION FOR 1988 AMENDMENT Section 108(f) of Pub. L. 100-322 provided that: 'In determining for the purposes of subsection (b)(1) of section 111 of title 38, United States Code, as amended by subsection (a), whether during fiscal year 1988 the Administrator has exercised the authority under that section to make payments there shall be disregarded any exercise of authority under that section before the date of the enactment of this Act (May 20, 1988).' INTERIM GUIDELINES FOR BENEFICIARY TRAVEL BETWEEN JANUARY 1, 1984, AND THE PROMULGATION OF REGULATIONS BY ADMINISTRATOR OF VETERANS' AFFAIRS Pub. L. 98-160, title I, Sec. 108, Nov. 21, 1983, 97 Stat. 999, provided that: '(a)(1) If by January 1, 1984, the Administrator of Veterans' Affairs has not prescribed the regulations that the Administrator is required by subsection (e)(2)(A) of section 111 of title 38, United States Code, to prescribe, payments for travel that occurs during the period beginning on such date and ending on the day on which the Administrator prescribes such regulations may not be made under such section to any person except - '(A) a person receiving benefits under such title for or in connection with a service-connected disability; '(B) a veteran receiving or eligible to receive pension under section 521 of such title; or '(C) a person whose travel to a Veterans' Administration facility was required to be performed by a special mode of transportation and such travel (i) was authorized by the Administrator before such travel, or (ii) was in connection with a medical emergency of such a nature that the delay incident to obtaining authorization under subclause (i) would have been hazardous to the person's life or health. '(2) For the purpose of this subsection, the term 'service-connected' has the meaning given such term in section 101(16) of title 38, United States Code. '(b) The Administrator of Veterans' Affairs shall review the making of payments under section 111 for the purpose of effecting management improvements and economies in the making of such payments. Not later than April 1, 1984, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report describing and explaining the results of such review and including any recommendation for legislative and administrative action that the Administrator considers appropriate.' AVAILABILITY OF FUNDS FOR TRAVEL OF ELIGIBLE VETERANS, DEPENDENTS, OR SURVIVORS Pub. L. 96-330, title IV, Sec. 406, Aug. 26, 1980, 94 Stat. 1052, provided that: '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.' -EXEC- EXECUTIVE ORDER NO. 10810 Ex. Ord. No. 10810, Apr. 22, 1959, 24 F.R. 3179, as amended by Ex. Ord. No. 10881, July 6, 1960, 25 F.R. 6414, which prescribed regulations governing allowances, was superseded by Ex. Ord. No. 11142, Feb. 12, 1964, 29 F.R. 2479. EXECUTIVE ORDER NO. 11142 Ex. Ord. No. 11142, Feb. 12, 1964, 29 F.R. 2479, which prescribed regulations governing allowances, was superseded by Ex. Ord. No. 11302, Sept. 6, 1966, 31 F.R. 11741, set out as a note below. 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 vocational 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 601, 614, 620, 628, 1504 of this title. ------DocID 42693 Document 47 of 965------ -CITE- 38 USC Sec. 112 -EXPCITE- TITLE 38 PART I CHAPTER 1 -HEAD- Sec. 112. Presidential memorial certificate program -STATUTE- (a) At the request of the President the Administrator 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. -SOURCE- (Added Pub. L. 89-88, Sec. 1(a), July 24, 1965, 79 Stat. 264.) ------DocID 42694 Document 48 of 965------ -CITE- 38 USC Sec. 113 -EXPCITE- TITLE 38 PART I CHAPTER 1 -HEAD- Sec. 113. Treatment of certain programs under sequestration procedures -STATUTE- (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 sequestration 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 907 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 Veterans' Administration 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 720 of this title. (B) The Service-Disabled Veterans Insurance Fund authorized by section 722 of this title. (C) The Veterans Special Life Insurance Fund authorized by section 723 of this title. (D) The Veterans Reopened Insurance Fund authorized by section 725 of this title. (E) The United States Government Life Insurance Fund authorized by section 755 of this title. (F) The Veterans Insurance and Indemnity appropriation authorized by section 719 of this title. (2) The following revolving fund accounts: (A) The Veterans' Administration Special Therapeutic and Rehabilitation Activities Fund established by section 618(c) of this title. (B) The Veterans' Canteen Service revolving fund authorized by section 4204 of this title. (c)(1) A benefit under section 901, 902, 903, 906, or 908 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 determined 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 Administrator 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 Veterans' Administration 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) (FOOTNOTE 1) of such Act) for any of the programs listed in subsection (a) of this section. (FOOTNOTE 1) See References in Text note below. (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. -SOURCE- (Added Pub. L. 99-576, title VI, Sec. 601(a)(1), Oct. 28, 1986, 100 Stat. 3287, and amended Pub. L. 100-198, Sec. 12(a), Dec. 21, 1987, 101 Stat. 1325; Pub. L. 100-322, title IV, Sec. 411(b), (c), May 20, 1988, 102 Stat. 547.) -REFTEXT- REFERENCES IN TEXT The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsecs. (a), (b), (d), and (f), is title II of Pub. L. 99-177, Dec. 12, 1985, 99 Stat. 1038, as amended. Part C of the Act is classified generally to subchapter I (Sec. 900 et seq.) of chapter 20 of Title 2, The Congress. Section 251 of the Act is classified to section 901 of Title 2, and was amended generally by Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-577. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables. The date of the enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 99-576, which was approved Oct. 28, 1986. -MISC2- AMENDMENTS 1988 - Subsec. (a)(4), (5). Pub. L. 100-322, Sec. 411(b), struck out '(but only with respect to fiscal year 1987)' before period at end. Subsec. (d). Pub. L. 100-322, Sec. 411(c), substituted 'a report of the Director of the Office of Management and Budget' for 'a joint report of the Directors of the Office of Management and Budget and the Congressional Budget Office'. 1987 - Subsec. (a)(6). Pub. L. 100-198, Sec. 12(a)(1), added par. (6). Subsec. (c)(2). Pub. L. 100-198, Sec. 12(a)(3), substituted '31, 34, 35, or 36' for '34, or 36'. Subsecs. (e) to (g). Pub. L. 100-198, Sec. 12(a)(2), redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which read as follows: 'If a final order issued by the President pursuant to a law providing for the cancellation of loan guarantee commitments imposes a limitation on the total amount of loans that may be guaranteed under chapter 37 of this title in any fiscal year, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a monthly report (not later than the 10th day of each month during the remainder of such fiscal year following the issuance of such final order) providing the following information: '(1) The total amount of the loans for which commitments of guarantees were made under such chapter during the preceding month. '(2) The total amount of the loans for which commitments were made during the fiscal year through the end of such preceding month. '(3) The Administrator's estimates as to the total amounts of the loans for which commitments would, in the absence of any limits on such commitments or guarantees, be made during (A) the month in which the report is required to be submitted, and (B) the succeeding months of the fiscal year.' EFFECTIVE DATE OF 1987 AMENDMENT Section 12(b) of Pub. L. 100-198 provided that: 'The amendments made by subsection (a) (amending this section) shall take effect on November 19, 1987.' EFFECTIVE DATE Section 601(b) of Pub. L. 99-576 provided that: 'Section 113 of title 38, United States Code (as added by subsection (a)), shall apply with respect to a sequestration order issued, or a sequestration law enacted, for a fiscal year after fiscal year 1986.' RESTORATION OF CERTAIN REVOLVING FUNDS Section 411(a) of Pub. L. 100-322 provided that: '(1) Notwithstanding section 601(b) of the Veterans' Benefits Improvement and Health-Care Authorization Act of 1986 (Public Law 99-576) (set out as a note above), section 113(b)(2) of title 38, United States Code, shall apply with respect to a sequestration order issued, or a sequestration law enacted, for any fiscal year after fiscal year 1985. '(2) The Secretary of the Treasury shall take such action as is necessary to implement paragraph (1). Not later than 60 days after the date of the enactment of this Act (May 20, 1988), the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the action taken by the Secretary pursuant to that paragraph.' ------DocID 42695 Document 49 of 965------ -CITE- 38 USC Sec. 114 -EXPCITE- TITLE 38 PART I CHAPTER 1 -HEAD- Sec. 114. Multiyear procurement -STATUTE- (a) The Administrator may enter into a multiyear contract for the procurement of supplies or services if the Administrator 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. (2) The contract is in the best interest of the United States by reason of the effect that use of a multiyear, rather than one-year, contract would have in - (A) reducing costs; (B) achieving economies in contract administration or in any other Veterans' Administration 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 Administrator 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 Administrator determines that, in light of other funding needs involved in the operation of Veterans' Administration programs, the amount of funds appropriated for such subsequent fiscal year is not sufficient for such contract, the Administrator shall cancel such contract pursuant to the provisions required by paragraph (1)(A) of this subsection. (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 Administrator's exercise of the right to terminate for convenience a contract under any other provision of law which authorizes multiyear contracting. (d) The Administrator 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 terms 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. -SOURCE- (Added Pub. L. 100-322, title IV, Sec. 404(a), May 20, 1988, 102 Stat. 545, and amended Pub. L. 101-237, title VI, Sec. 601(a), (b)(1), Dec. 18, 1989, 103 Stat. 2094.) -MISC1- AMENDMENTS 1989 - Pub. L. 101-237, Sec. 601(b)(1), struck out 'for certain medical items' after 'Multiyear procurement' in section catchline. Subsec. (a). Pub. L. 101-237, Sec. 601(a)(1), struck out 'for use in Veterans' Administration health-care facilities' after 'supplies or services'. Subsec. (b)(2)(A). Pub. L. 101-237, Sec. 601(a)(2), struck out 'health-care' before 'programs, the amount'. Subsec. (e)(2) to (4). Pub. L. 101-237, Sec. 601(a)(3), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: 'The term 'cancel' or 'cancellation' refers to the termination of a contract by the Administrator as required under paragraph (2)(B)(i) of this subsection.' ------DocID 42696 Document 50 of 965------ -CITE- 38 USC CHAPTER 3 -EXPCITE- TITLE 38 PART I CHAPTER 3 -HEAD- CHAPTER 3 - VETERANS' ADMINISTRATION; OFFICERS AND EMPLOYEES -MISC1- SUBCHAPTER I - VETERANS' ADMINISTRATION Sec. 201. Veterans' Administration an independent agency. 202. Seal of the Veterans' Administration. 203. Availability of appropriations. SUBCHAPTER II - ADMINISTRATOR OF VETERANS' AFFAIRS 210. Appointment and general authority of Administrator; Deputy Administrator. 211. Decisions by Administrator; opinions of Attorney General. 212. Delegation of authority and assignment of duties. 213. Contracts and personal services. 214. Reports to the Congress. 215. Publication of laws relating to veterans. 216. Assistance to certain rehabilitation activities. 217. Studies of rehabilitation of disabled persons. 218. Security and law enforcement on property under the jurisdiction of the Veterans' Administration. 219. Evaluation and data collection. 220. Coordination and promotion of other programs affecting veterans and their dependents. 221. Advisory Committee on Former Prisoners of War. 222. Advisory Committee on Women Veterans. 223. Rulemaking: procedures and judicial review. 224. Administrative settlement of tort claims. SUBCHAPTER III - VETERANS' ADMINISTRA- TION REGIONAL OFFICES; EMPLOYEES 230. Central and regional offices. 231. Placement of employees in military installations. (232. Repealed.) 233. Employees' apparel; school transportation; recreational equipment; visual exhibits; personal property; emergency transportation of employees. 234. Telephone service for medical officers and facility directors. 235. Benefits to employees at overseas offices who are United States citizens. 236. Administrative settlement of tort claims arising in foreign countries. SUBCHAPTER IV - VETERANS OUTREACH SERVICES PROGRAM 240. Purpose; definitions. 241. Outreach services. 242. Veterans assistance offices. 243. Outstationing of counseling and outreach personnel. 244. Utilization of other agencies. 245. Report to Congress. 246. Veterans cost-of-instruction payments to institutions of higher learning. AMENDMENTS 1989 - Pub. L. 101-94, title III, Sec. 302(d)(2), Aug. 16, 1989, 103 Stat. 628, redesignated item 223, relating to the administrative settlement of tort claims, as 224. 1988 - Pub. L. 100-687, div. A, title I, Sec. 102(a)(2), Nov. 18, 1988, 102 Stat. 4106, added item 223 relating to rulemaking. Pub. L. 100-322, title I, Sec. 132(b), title II, Sec. 203(b)(2), May 20, 1988, 102 Stat. 507, 510, added item 216 and item 223 relating to administrative settlement of tort claims. 1984 - Pub. L. 98-528, title I, Sec. 101(a)(3), Oct. 19, 1984, 98 Stat. 2688, amended item 218 generally. Pub. L. 98-528, title I, Sec. 106(b)(2), Oct. 19, 1984, 98 Stat. 2690, substituted 'other programs' for 'other Federal programs' in item 220. 1983 - Pub. L. 98-160, title III, Sec. 301(b), Nov. 21, 1983, 97 Stat. 1004, added item 222. 1982 - Pub. L. 97-306, title II, Sec. 201(b), Oct. 14, 1982, 96 Stat. 1433, substituted 'Outstationing of counseling and outreach personnel' for 'Veterans' representatives' in item 243. 1981 - Pub. L. 97-37, Sec. 2(b), Aug. 14, 1981, 95 Stat. 936, added item 221. 1980 - Pub. L. 96-466, title VII, Sec. 701(b)(2), Oct. 17, 1980, 94 Stat. 2215, inserted 'and promotion' after 'Coordination' in item 220. 1979 - Pub. L. 96-22, title V, Sec. 503(c)(2), June 13, 1979, 93 Stat. 65, substituted 'overseas' for 'oversea' in item 235. 1977 - Pub. L. 95-202, title III, Sec. 310(b)(2), Nov. 23, 1977, 91 Stat. 1449, added item 246. 1976 - Pub. L. 94-581, title II, Sec. 205(c)(2), Oct. 21, 1976, 90 Stat. 2859, struck out item 216 'Research by Administrator; indemnification of contractors.' Pub. L. 94-424, Sec. 2(b), Sept. 28, 1976, 90 Stat. 1332, added item 203. 1974 - Pub. L. 93-508, title II, Sec. 213(b), 214(b), Dec. 3, 1974, 88 Stat. 1587, 1589, added items 219, 220, and 243 and renumbered former items 243 and 244 as 244 and 245, respectively. 1973 - Pub. L. 93-82, title IV, Sec. 402(b), Aug. 2, 1973, 87 Stat. 196, substituted 'medical officers and facility directors' for 'medical officers' in item 234. Pub. L. 93-43, Sec. 4(c)(1), June 18, 1973, 87 Stat. 79, added item 218. 1970 - Pub. L. 91-219, title II, 214(b), Mar. 26, 1970, 84 Stat. 85, added subchapter IV. 1969 - Pub. L. 91-24, Sec. 2(b), June 11, 1969, 83 Stat. 33, struck out item 232 'Employment of translators.' 1966 - Pub. L. 89-785, title III, Sec. 303(c), Nov. 7, 1966, 80 Stat. 1377, inserted '; emergency transportation of employees' in item 233. Pub. L. 89-361, Sec. 1(c), Mar. 7, 1966, 80 Stat. 29, inserted '; Deputy Administrator' in item 210. 1965 - Pub. L. 89-300, Sec. 1(b), Oct. 28, 1965, 79 Stat. 1110, added item 236. 1964 - Pub. L. 88-433, Sec. 1(d), Aug. 14, 1964, 78 Stat. 442, inserted '; indemnification of contractors' in item 216. 1962 - Pub. L. 87-815, Sec. 6(b), Oct. 15, 1962, 76 Stat. 927, substituted 'at oversea offices' for 'in the Republic of the Philippines', in item 235. Pub. L. 87-574, Sec. 1(2), Aug. 6, 1962, 76 Stat. 308, inserted '; personal property' in item 233. 1959 - Pub. L. 86-116, Sec. 2, July 28, 1959, 73 Stat. 265, added item 235. ------DocID 42697 Document 51 of 965------ -CITE- 38 USC SUBCHAPTER I -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER I -HEAD- SUBCHAPTER I - VETERANS' ADMINISTRATION ------DocID 42698 Document 52 of 965------ -CITE- 38 USC Sec. 201 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 201. Veterans' Administration an independent agency -STATUTE- The Veterans' Administration is an independent establishment in the executive branch of the Government, especially created for or concerned in the administration of laws relating to the relief and other benefits provided by law for veterans, their dependents, and their beneficiaries. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1114.) -MISC1- DEPARTMENT OF VETERANS AFFAIRS ACT Pub. L. 100-527, Sec. 1-12, 14, 16, 18, Oct. 25, 1988, 102 Stat. 2635-2642, 2644, 2645, 2648, as amended by Pub. L. 101-94, title IV, Sec. 401, Aug. 16, 1989, 103 Stat. 628; Pub. L. 101-576, title II, Sec. 205(c)(2), Nov. 15, 1990, 104 Stat. 2845, provided that: 'SECTION 1. SHORT TITLE. 'This Act (amending sections 210 and 1000 of this title, section 19 of Title 3, The President, sections 101 and 5312 to 5316 of Title 5, Government Organization and Employees, and sections 2 and 11 of the Inspector General Act of 1978, Pub. L. 95-452, set out in the Appendix to Title 5, and enacting provisions set out as notes under sections 201 and 210 of this title and section 901 of Title 5) 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. There shall be at the head of the Department a Secretary of Veterans Affairs, who shall be appointed by the President, by and with the advice and consent of the Senate. The Department shall be administered under the supervision and direction of the Secretary. 'SEC. 3. PRINCIPAL OFFICERS. '(a) Deputy Secretary. - There shall be in the Department of Veterans Affairs a Deputy Secretary of Veterans Affairs, who shall be 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. '(b) Chief Medical Director. - (1) There shall be in the Department a Chief Medical Director, who shall be a doctor of medicine and shall, subject to subsection (f), be appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation or activity and solely on the basis of integrity and demonstrated ability in the medical profession, in health-care administration and policy formulation, and in health-care fiscal management, and on the basis of substantial experience in connection with the programs of the Veterans Health Services and Research Administration or programs of similar content and scope. The Chief Medical Director shall be the head of, and shall be directly responsible to the Secretary for the operations of, the Veterans Health Services and Research Administration. The Chief Medical Director shall be appointed for a period of four years, with reappointment permissible for successive like periods. If the President removes the Chief Medical Director prior to the completion of the term for which the Chief Medical Director is appointed, the President shall communicate the reasons for such removal to both Houses of Congress. '(2)(A) Whenever a vacancy in the position of Chief Medical Director occurs or is anticipated, the Secretary of Veterans Affairs shall establish a commission to recommend individuals to the President for appointment to the position. '(B) A commission established under this paragraph shall be composed of the following members appointed by the Secretary: '(i) Three persons representing clinical care and medical research and education activities affected by the Veterans Health Services and Research Administration. '(ii) Two persons representing veterans served by the Veterans Health Services and Research Administration. '(iii) Two persons who have experience in the management of veterans health services and research programs, or programs of similar content and scope. '(iv) The Deputy Secretary of Veterans Affairs. '(v) The Chairman of the Special Medical Advisory Group established under section 4112 of title 38, United States Code. '(vi) One person who has held the position of Chief Medical Director, if the Secretary determines that it is desirable for such person to be a member of the Commission. '(C) A commission established under this paragraph shall recommend at least three individuals for appointment to the position of Chief Medical Director. Such commission shall submit all recommendations to the Secretary. The Secretary shall forward such recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request such commission to recommend additional individuals for appointment. '(D) 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 paragraph. '(c) Chief Benefits Director. - (1) There shall be in the Department a Chief Benefits Director, who shall be appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation or activity and solely on the basis of integrity and demonstrated ability in fiscal management and the administration of programs within the Veterans Benefits Administration or programs of similar content and scope. The Chief Benefits Director shall be the head of, and shall be directly responsible to the Secretary for the operations of, the Veterans Benefits Administration. The Chief Benefits Director shall be appointed for a period of four years, with reappointment permissible for successive like periods. If the President removes the Chief Benefits Director prior to the completion of the term for which the Chief Benefits Director is appointed, the President shall communicate the reasons for such removal to both Houses of Congress. '(2)(A) Whenever a vacancy in the position of Chief Benefits Director occurs or is anticipated, the Secretary of Veterans Affairs shall establish a commission to recommend individuals to the President for appointment to the position. '(B) A commission established under this paragraph shall be composed of the following members appointed by the Secretary: '(i) Three persons representing education and training, real estate, mortgage finance, and related industries, and survivor benefits activities affected by the Veterans Benefits Administration. '(ii) Two persons representing veterans served by the Veterans Benefits Administration. '(iii) Two persons who have experience in the management of veterans benefits programs or programs of similar content and scope. '(iv) The Deputy Secretary of Veterans Affairs. '(v) The Chairman of the Veterans' Advisory Committee on Education formed under section 1792 of title 38, United States Code. '(vi) One person who has held the position of Chief Benefits Director, if the Secretary determines that it is desirable for such person to be a member of the Commission. '(C) A commission established under this paragraph shall recommend at least three individuals for appointment to the position of Chief Benefits Director. Such commission shall submit all recommendations to the Secretary. The Secretary shall forward such recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request such commission to recommend additional individuals for appointment. '(D) 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 paragraph. '(d) Director of National Cemetery System. - There shall be in the Department of Veterans Affairs a Director of the National Cemetery System, who - '(1) shall be appointed by the President, by and with the advice and consent of the Senate; '(2) shall serve as the head of the National Cemetery System provided for in section 1000 of title 38, United States Code; and '(3) shall perform such functions as may be assigned by the Secretary. '(e) Continuation of Service of Administrator and Deputy Administrator. - The individuals serving as Administrator and Deputy Administrator of Veterans' Affairs on the effective date of this Act (Mar. 15, 1989) may act as Secretary and Deputy Secretary of the Department, respectively, until the date an individual is appointed under this Act to the office concerned, or until the end of the 120-day period provided for in section 3348 of title 5, United States Code (relating to limitations on the period of time a vacancy may be filled temporarily), whichever is earlier. '(f) Continuation of Service of Chief Medical Director. - The individual serving as Chief Medical Director on the effective date of this Act may continue to serve in that capacity until the expiration of the term prescribed by section 4103(b)(1) of title 38, United States Code, unless removed by the Secretary of Veterans Affairs for cause in accordance with section 4103(b)(3) of such title. '(g) Continuation of Service of Chief Benefits Director. - The individual serving as Chief Benefits Director on the effective date of this Act may continue to serve in that capacity until an individual is appointed under this Act to that office. '(h) Continuation of Service of Director, National Cemetery System. - The individual serving as Director, National Cemetery System on the effective date of this Act may act as the Director of the National Cemetery System until an individual is appointed under this Act to that office. 'SEC. 4. ASSISTANT SECRETARIES. '(a) Establishment of Positions. - There shall be in the Department of Veterans Affairs not more than 6 Assistant Secretaries, each of whom shall be appointed by the President, by and with the advice and consent of the Senate. '(b) Functions of Assistant Secretaries. - The Secretary shall assign to Assistant Secretaries such functions 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. '(4) Management, productivity, and logistic support functions. '(5) Information management functions as required by section 3506 of title 44, United States Code. '(6) Capital facilities and real property program functions. '(7) Equal opportunity functions. '(8) Functions regarding the investigation and adjudication of complaints of employment discrimination within the Department. '(9) Functions regarding intergovernmental, public, and consumer information and affairs. '(10) Procurement functions. '((c) Repealed. Pub. L. 101-576, title II, Sec. 205(c)(2), Nov. 15, 1990, 104 Stat. 2845.) '(d) Chief Information Resources Officer. - (1) The Secretary shall designate the Assistant Secretary whose functions include information management functions as required by section 3506 of title 44, United States Code, as the Chief Information Resources Officer of the Department. '(2) The Chief Information Resources Officer shall - '(A) advise the Secretary on information management activities of the Department as required by section 3506 of title 44, United States Code; '(B) develop and maintain an information resources management system for the Department which provides for - '(i) the conduct of and accountability for any acquisitions made pursuant to a delegation of authority under section 759 of title 40, United States Code; '(ii) the implementation of all applicable government-wide and Department information policies, principles, standards, and guidelines with respect to information collection, paperwork reduction, privacy and security of records, sharing and dissemination of information, acquisition and use of information technology, and other information resource management functions; '(iii) the periodic evaluation of and, as needed, the planning and implementation of improvements in the accuracy, completeness, and reliability of data and records contained within Department information systems; and '(iv) the development and annual revision of a five-year plan for meeting the Department's information technology needs; and '(C) report to the Secretary as required by section 3506 of title 44, United States Code. '(e) Designation of Functions Prior to Confirmation. - Whenever the President submits the name of an individual to the Senate for confirmation as Assistant Secretary under this section, the President shall state the particular functions of the Department such individual will exercise upon taking office. '(f) Continuing Performance of Assistant Secretary Functions Pending Confirmation. - An individual who, on the effective date of this Act (Mar. 15, 1989), is performing any of the functions required by this section to be performed by an Assistant Secretary of the Department may continue to perform such functions until such functions are assigned to an individual appointed under this Act as an Assistant Secretary of the Department. 'SEC. 5. DEPUTY ASSISTANT SECRETARIES. '(a) Establishment of Positions. - There shall be in the Department of Veterans Affairs such number of Deputy Assistant Secretaries, not exceeding 18, as the Secretary may determine. '(b) Appointments. - Each Deputy Assistant Secretary - '(1) shall be appointed by the Secretary; and '(2) shall perform such functions as the Secretary shall prescribe. '(c) Minimum Number of Deputy Assistant Secretaries With Continuous Service in Civil Service. - (1) At least two-thirds of the number of positions established under subsection (a) and filled under subsection (b) shall be filled by individuals who have at least 5 years of continuous service in the Federal civil service in the executive branch immediately preceding their appointment under subsection (b) as a Deputy Assistant Secretary. '(2) For purposes of determining the continuous service of an individual pursuant to paragraph (1), there shall not be included 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, United States Code; or '(C) to which such individual was appointed by the President, with or without the advice and consent of the Senate. '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. The primary function of the Veterans Benefits Administration shall be to administer nonmedical benefits programs which provide assistance to veterans, their dependents, and their survivors. 'SEC. 8. OFFICE OF THE GENERAL COUNSEL. '(a) In General. - There shall be in the Department of Veterans Affairs the Office of the General Counsel. There shall be at the head of such office a General Counsel who shall be appointed by the President, by and with the advice and consent of the Senate. The General Counsel shall be the chief legal officer of the Department and shall provide legal assistance to the Secretary concerning the programs and policies of the Department. '(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 (Pub. L. 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. '(b) Staff Level. - (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 the effective date of this Act (Mar. 15, 1989). '(2) Of the number of additional full-time positions in the Office of Inspector General required by paragraph (1), the Secretary shall provide for one-half by not later than September 30, 1990, and shall provide for the remainder by not later than September 30, 1991. '(3) The President shall include in the budget transmitted to the Congress for each fiscal year after fiscal year 1989 pursuant to section 1105 of title 31, United States Code, an estimate of the amount for the Office of Inspector General that is sufficient to provide for not less than the number of full-time positions in that office on the effective date of this Act and the additional number of such positions required by paragraph (1) to be provided for by the Secretary. '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 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 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 effect, 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 or Chief Benefits Director 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. MISCELLANEOUS EMPLOYMENT RESTRICTIONS. '(a) Limitation on Number of Noncareer Senior Executives. - (1) Notwithstanding section 3134(d) of title 5, United States Code, the number of Senior Executive Service positions in the Department of Veterans Affairs 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) Limitation on Number of Schedule C Employees. - The number of positions in the Department of Veterans Affairs which may be excepted from the competitive service, on a temporary or permanent basis, because of their confidential or policy-determining character may not at any time exceed the equivalent of 15 positions. '(c) Prohibited Employment and Advancement Considerations. - (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 of Veterans Affairs, or in the assignment or advancement of any employee in the Department. '(2) Paragraph (1) shall not apply to the appointment of (A) any person by the President under this Act, other than the appointment of the Chief Medical Director, the Chief Benefits Director, and the Inspector General of the Department of Veterans Affairs, or (B) any person to (i) a Senior Executive Service position as a noncareer appointee, or (ii) a position which is excepted from the competitive service, on a temporary or permanent basis, because of the confidential or policy-determining character of the position. '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). 'SEC. 16. SPENDING AUTHORITY SUBJECT TO APPROPRIATIONS. 'The authority to make payments or to enter into other obligations under this Act shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriations Acts. '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.' ------DocID 42699 Document 53 of 965------ -CITE- 38 USC Sec. 202 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 202. Seal of the Veterans' Administration -STATUTE- The seal of the Veterans' Administration shall be judicially noticed. Copies of any public documents, records, or papers belonging to or in the files of the Veterans' Administration, when authenticated by the seal and certified by the Administrator or by any employee of the Veterans' Administration to whom proper authority shall have been delegated in writing by the Administrator, shall be evidence equal with the originals thereof. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1114.) ------DocID 42700 Document 54 of 965------ -CITE- 38 USC Sec. 203 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 203. Availability of appropriations -STATUTE- (a) Any funds appropriated to the Veterans' Administration may, to the extent provided in this title or an appropriations Act, remain available until expended. (b) Any funds appropriated to the Veterans' Administration may be used for a settlement of more than $1,000,000 on a construction contract only if the settlement is audited independently for reasonableness and appropriateness of expenditures and the settlement is provided for specifically in an appropriation law. -SOURCE- (Added Pub. L. 94-424, Sec. 2(a), Sept. 28, 1976, 90 Stat. 1332, and amended Pub. L. 97-258, Sec. 2(j), Sept. 13, 1982, 96 Stat. 1062; Pub. L. 98-160, title VII, Sec. 702(1), Nov. 21, 1983, 97 Stat. 1009.) -MISC1- Historical and Revision Notes 1982 Act --------------------------------------------------------------------- Revised section Source (U.S. Code) Source (Statutes at Large) --------------------------------------------------------------------- 203(b) 31:700d. Jan. 3, 1974, Pub. L. 93-245, Sec. 301, 87 Stat. 1072. ------------------------------- The words 'in any Appropriation Act for any fiscal year', 'make a', and 'by the Veterans Administration in an amount' are omitted as surplus. AMENDMENTS 1983 - Subsec. (b). Pub. L. 98-160 substituted 'Any funds appropriated to the Veterans' Administration' for 'An appropriation' and struck out 'not' after 'and the settlement is'. 1982 - Pub. L. 97-258 designated existing provisions as subsec. (a) and added subsec. (b). ------DocID 42701 Document 55 of 965------ -CITE- 38 USC SUBCHAPTER II -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER II -HEAD- SUBCHAPTER II - ADMINISTRATOR OF VETERANS' AFFAIRS ------DocID 42702 Document 56 of 965------ -CITE- 38 USC Sec. 210 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 210. Appointment and general authority of Administrator; Deputy Administrator -STATUTE- (a) The Administrator of Veterans' Affairs is the head of the Veterans' Administration. The Administrator is appointed by the President, by and with the advice and consent of the Senate. (b)(1) The Administrator, under the direction of the President, is responsible for the proper execution and administration of all laws administered by the Veterans' Administration and for the control, direction, and management of the Veterans' Administration. Except to the extent inconsistent with law, the Administrator may consolidate, eliminate, abolish, or redistribute the functions of the bureaus, agencies, offices, or activities in the Veterans' Administration, create new bureaus, agencies, offices, or activities therein, and fix the functions thereof and the duties and powers of their respective executive heads. (2)(A) The Administrator may not in any fiscal year implement an administrative reorganization described in subparagraph (B) of this paragraph unless the Administrator first submits to the appropriate committees of the Congress a report containing a detailed plan and justification for the administrative reorganization. Any such report shall be submitted not later than the day on which the President, pursuant to section 1105 of title 31, submits to the Congress the Budget for the fiscal year in which the administrative reorganization is to be implemented. No action to carry out such reorganization may be taken after the submission of such report until the first day of such fiscal year. (B) An administrative reorganization described in this subparagraph is an administrative reorganization of - (i) a covered field office or facility which involves a reduction during any fiscal year in the number of full-time equivalent employees with permanent duty stations at such office or facility - (I) by 10 percent or more, or (II) 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 15 percent or more; or (ii) a covered Central Office unit which involves a reduction during any fiscal year in the number of full-time equivalent employees with permanent duty stations at such unit - (I) by 25 percent or more, or (II) by a percent which, when added to the percent reduction made in the number of such employees with permanent duty stations at such unit during the preceding fiscal year, is 30 percent or more. (C) Not less than 30 days before the date on which the implementation of any reorganization described in this subparagraph is to begin, the Administrator shall transmit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a notification regarding the reorganization. This subparagraph applies to the reorganization of any unit of the Central Office of the Veterans' Administration that is the duty station for more than 25 but less than 100 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 - (i) by 10 percent or more, or (ii) by a percent which, when added to the percent reduction made in the number of such employees with permanent duty station in such unit during the preceding fiscal year, is 15 percent or more. (D) For the purposes of this paragraph - (i) The term 'administrative reorganization' means a consolidation, elimination, abolition, or redistribution of functions under the authority granted the Administrator under the second sentence of paragraph (1) of this subsection. (ii) The term 'covered Central Office unit' means an office in the Veterans' Administration's Central Office that is the permanent duty station for 100 or more employees. (iii) The term 'covered field office or facility' means a Veterans' Administration office or facility outside the Veterans' Administration Central Office that is the permanent duty station for 25 or more employees or that is a free-standing outpatient clinic. (iv) The term 'detailed plan and justification' means, with respect to an administrative reorganization, a written report which, at a minimum - (I) specifies 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; (II) identifies any existing or planned office or facility at which the number of employees is to be increased and specifies the number and responsibilities of the additional employees at each such office or facility; (III) describes 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 subparagraph (A) of this paragraph; (IV) explains the reasons for the determination that the reorganization is appropriate and advisable in terms of the statutory missions and long-term goals of the Veterans' Administration; (V) describes 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 Veterans' Administration not directly affected by the reorganization); and (VI) provides estimates of the costs of the reorganization and of the cost impact of the reorganization, together with analyses supporting those estimates. (3)(A) The Administrator may not implement a grade reduction described in subparagraph (B) of this paragraph unless the Administrator 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. Such report shall include a determination by the Administrator (together with data supporting such determination) that, in the personnel area concerned, the Veterans' Administration 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 subparagraph (A) of this paragraph is a systematic reduction, for the purpose of reducing the average salary cost for Veterans' Administration employees described in subparagraph (C) of this paragraph, in the number of such Veterans' Administration employees at a specific grade level. (C) The employees referred to in subparagraph (B) of this paragraph are - (i) health-care personnel who are determined by the Administrator to be providing either direct patient-care services or services incident to direct patient-care services; (ii) individuals who meet the definition of professional employee as set forth in section 7103(a)(15) of title 5; and (iii) individuals who are employed as computer specialists. (D) Not later than the forty-fifth day after the Administrator submits a report under subparagraph (A) of this paragraph, the Comptroller General shall submit to such Committees a report on the Administrator's compliance with such subparagraph. The Comptroller General shall include in the report the Comptroller General's opinion as to the accuracy of the Administrator's determination (and of the data supporting such determination) made under such subparagraph. (E) In the case of Veterans' Administration employees not described in subparagraph (C) of paragraph (3), the Administrator may not in any fiscal year implement a systematic reduction for the purpose of reducing the average salary cost for such Veterans' Administration employees that will result in a reduction in the number of such Veterans' Administration 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. (c)(1) The Administrator has authority to make all rules and regulations which are necessary or appropriate to carry out the laws administered by the Veterans' Administration and are consistent therewith, including regulations with respect to the nature and extent of proofs and evidence and the method of taking and furnishing them in order to establish the right to benefits under such laws, the forms of application by claimants under such laws, the methods of making investigations and medical examinations, and the manner and form of adjudications and awards. Any rules, regulations, guide-lines, or other published interpretations or orders, or any amendment thereto, issued pursuant to the authority granted by this subsection or any other provision of this title shall contain, immediately following each substantive provision of such rules, regulations, guidelines, or other published interpretations or orders, or any amendment thereto, citations to the particular section or sections of statutory law or other legal authority upon which such rule, regulation, guideline, or other published interpretation or order is based or, in the case of any amendment thereto, upon which such amendment and the rule, regulation, guideline, interpretation or order being amended is based. (2) If the Administrator determines that benefits administered by the Veterans' Administration have not been provided by reason of administrative error on the part of the Federal Government or any of its employees, the Administrator is authorized to provide such relief on account of such error as the Administrator determines equitable, including the payment of moneys to any person whom the Administrator determines equitably entitled thereto. (3)(A) If the Administrator determines that any veteran, surviving spouse, child of a veteran, or other person, has suffered loss as a consequence of reliance upon a determination by the Veterans' Administration of eligibility or entitlement to benefits, without knowledge that it was erroneously made, the Administrator is authorized to provide such relief on account of such error as the Administrator determines equitable, including the payment of moneys to any person whom the Administrator determines equitably entitled thereto. (B) The Administrator shall submit an annual report to the Congress on January 1, 1973, and each succeeding year containing a brief summary, including a statement as to the disposition of each case recommended to the Administrator for equitable relief under this paragraph. (d) There shall be in the Veterans' Administration a Deputy Administrator of Veterans' Affairs who shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Administrator shall perform such functions as the Administrator shall designate and, unless the President shall designate another officer of the Government, shall be Acting Administrator of Veterans' Affairs during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1114; Pub. L. 88-426, title III, Sec. 305(15), Aug. 14, 1964, 78 Stat. 424; Pub. L. 89-361, Sec. 1(a), (b), Mar. 7, 1966, 80 Stat. 29; Pub. L. 89-785, title III, Sec. 301, Nov. 7, 1966, 80 Stat. 1376; Pub. L. 92-328, title II, Sec. 201, June 30, 1972, 86 Stat. 396; Pub. L. 95-202, title III, Sec. 301, Nov. 23, 1977, 91 Stat. 1440; Pub. L. 96-22, title V, Sec. 502(a), June 13, 1979, 93 Stat. 64; Pub. L. 97-66, title VI, Sec. 601(a)(1), Oct. 17, 1981, 95 Stat. 1033; Pub. L. 97-452, Sec. 2(e)(1), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 99-166, title IV, Sec. 403(a), Dec. 3, 1985, 99 Stat. 957; Pub. L. 99-576, title V, Sec. 501, title VII, Sec. 701(9), Oct. 28, 1986, 100 Stat. 3285, 3291; Pub. L. 100-527, Sec. 15(a), Oct. 5, 1988, 102 Stat. 2644.) -MISC1- AMENDMENTS 1988 - Subsec. (b)(2)(B). Pub. L. 100-527, Sec. 15(a)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 'Subparagraph (A) of this paragraph applies only to an administrative reorganization within the Veterans' Administration that involves a reduction during any fiscal year in the number of full-time equivalent employees with permanent duty stations at a covered office or facility - '(i) by 10 percent or more, or '(ii) by a percent which, when added to the percent reduction under this subsection in the number of such employees with permanent duty stations at such office or facility during the preceding fiscal year, is 15 percent or more.' Subsec. (b)(2)(C). Pub. L. 100-527, Sec. 15(a)(2)(A), (3), added subpar. (C). Former subpar. (C) redesignated (D). Subsec. (b)(2)(D). Pub. L. 100-527, Sec. 15(a)(2), redesignated former subpar. (C) as (D), added cls. (ii) and (iii), struck out former cl. (ii) defining term 'covered office or facility', and redesignated former cl. (iii) as (iv). 1986 - Subsec. (a). Pub. L. 99-576, Sec. 701(9)(B), substituted 'The Administrator' for 'He' in second sentence. Subsec. (b)(1). Pub. L. 99-576, Sec. 701(9)(A), substituted 'the Administrator may' for 'he may'. Subsec. (b)(2)(C)(iii). Pub. L. 99-576, Sec. 501, added cl. (iii). Subsec. (c)(2). Pub. L. 99-576, Sec. 701(9)(A), substituted 'the Administrator is' for 'he is', 'as the Administrator' for 'as he', 'whom the Administrator' for 'whom he'. Subsec. (c)(3)(A). Pub. L. 99-576, Sec. 701(9)(A), (C), substituted 'surviving spouse' for 'widow', 'the Administrator is' for 'he is', 'as the Administrator' for 'as he', and 'whom the Administrator' for 'whom he'. Subsec. (c)(3)(B). Pub. L. 99-576, Sec. 701(9)(D), substituted 'the Administrator' for 'him'. 1985 - Subsec. (b)(3). Pub. L. 99-166 added par. (3). 1983 - Subsec. (b)(2)(A). Pub. L. 97-452 substituted 'section 1105 of title 31' for 'section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a))'. 1981 - Subsec. (b). Pub. L. 97-66 designated existing provisions as par. (1) and added par. (2). 1979 - Subsec. (d). Pub. L. 96-22 substituted 'appointed by the President, by and with the advice and consent of the Senate' for 'appointed by the Administrator'. 1977 - Subsec. (c)(1). Pub. L. 95-202 inserted provision that any rules, regulations, guidelines, or other published interpretations or orders, or any amendment thereto, issued pursuant to the authority granted by this subsection or any other provision of this title contain, immediately following each substantive provision of such rules, regulations, guidelines, or other published interpretations or orders, or any amendment thereto, citations to the particular section or sections of statutory law or other legal authority upon which the rule, regulation, guideline, or other published interpretation or order is based or, in the case of any amendment thereto, upon which the amendment and the rule, regulation, guideline, interpretation or order being amended is based. 1972 - Subsec. (c)(3). Pub. L. 92-328 added par. (3). 1966 - Pub. L. 89-361, Sec. 1(b), inserted '; Deputy Administrator' in section catchline. Subsec. (c). Pub. L. 89-785 designated existing provisions as par. (1) and added par. (2). Subsec. (d). Pub. L. 89-361, Sec. 1(a), added subsec. (d). 1964 - Subsec. (a). Pub. L. 88-426 repealed provisions which prescribed salary of Administrator. See section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of this title. EFFECTIVE DATE OF 1981 AMENDMENT; APPLICABILITY Section 601(a)(2) of Pub. L. 97-66 provided that: 'Paragraph (2) of section 210(b) of title 38, United States Code, as added by paragraph (1), does not apply to an administrative reorganization (as defined in such paragraph (2)) that is fully accomplished before the date of the enactment of this Act (Oct. 17, 1981).' Amendment by Pub. L. 97-66 effective Oct. 17, 1981, see section 701(b)(1) of Pub. L. 97-66, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Section 502(b) of Pub. L. 96-22 provided that: '(1) The amendment made by subsection (a) (amending this section) shall take effect (A) on the date on which a vacancy first occurs in the office of Deputy Administrator of Veterans' Affairs after the date of the enactment of this Act (June 13, 1979) or on such earlier date as the President submits to the Senate, for the advice and consent of the Senate, the nomination of any individual for appointment to such office, or (B) on the date of the enactment of this Act if such office is vacant on such date. '(2) The Administrator of Veterans' Affairs may designate the individual holding the office of Deputy Administrator of Veterans' Affairs on the date of the enactment of this Act (June 13, 1979), or any other individual, to serve in such office in an acting capacity pending the first appointment of an individual to such office as provided for in the amendment made by subsection (a) (amending this section).' EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-202 effective Nov. 23, 1977, see section 501 of Pub. L. 95-202, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Section 301(c) of Pub. L. 92-328 provided that: 'Sections 201 through 206 of this Act (amending this section and sections 1817, 1820, 3102, and 3503 of this title, and enacting provisions set out as a note under section 3102 of this title) shall take effect upon the date of enactment of this Act (June 30, 1972).' EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-426 effective first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426. -TRANS- OFFICE OF INSPECTOR GENERAL Functions, powers, and duties of Office of Audits and Office of Investigations of Veterans' Administration transferred to Office of Inspector General in Veterans' Administration, by section 9(a)(1)(N) of Inspector General Act of 1978, Pub. L. 95-452, set out in the Appendix to Title 5, Government Organization and Employees, section 2 of which established such Office of Inspector General. -MISC5- SPECIFICATION IN BUDGET SUBMISSIONS OF FUNDS FOR CERTAIN VETERANS BENEFITS Pub. L. 100-687, div. B, title XIV, Sec. 1404, Nov. 18, 1988, 102 Stat. 4131, provided that: '(a) Budget Information. - In the documentation providing detailed information on the budgets for the Veterans' Administration and the Department of Labor that the Administrator and the Secretary of Labor, respectively, submit to the Congress in conjunction with the President's budget submission for each fiscal year pursuant to section 1105 of title 31, United States Code, the Administrator and the Secretary shall identify, to the maximum extent feasible, the estimated amount in each of the appropriation requests for Veterans' Administration accounts and Department of Labor accounts, respectively, that is to be obligated for the furnishing of each of the following services or benefits only to, or with respect to, veterans who performed active military, naval, or air service in combat with the enemy or in a theatre of combat operations during a period of war or other hostilities: '(1) Employment services and other employment benefits under programs administered by the Secretary of Labor. '(2) Compensation under chapter 11 of title 38, United States Code. '(3) Dependency and Indemnity Compensation under chapter 13 of such title. '(4) Pension under chapter 15 of such title. '(5) Inpatient hospital care under chapter 17 of such title. '(6) Outpatient medical care under chapter 17 of such title. '(7) Nursing home care under chapter 17 of such title. '(8) Domiciliary care under chapter 17 of such title. '(9) Readjustment counseling services under section 612A of such title. '(10) Insurance under chapter 19 of such title. '(11) Specially adapted housing for disabled veterans under chapter 21 of such title. '(12) Burial benefits under chapter 23 of such title. '(13) Educational assistance under chapters 30, 32, and 34 of such title and chapter 106 of title 10, United States Code. '(14) Vocational rehabilitation services under chapter 31 of title 38, United States Code. '(15) Survivors' and dependents' educational assistance under chapter 35 of such title. '(16) Home loan benefits under chapter 37 of such title. '(17) Automobiles and adaptive equipment under chapter 39 of such title. '(b) Report on Feasibility. - If the Administrator or the Secretary of Labor determines that, with respect to any services or benefits referred to in subsection (a), it is not feasible to identify an estimated dollar amount to be obligated for furnishing such services or benefits only to veterans described in that subsection for any fiscal year, the Administrator and the Secretary shall, with respect to an appropriation request for such fiscal year relating to such services or benefits, report to the Committees on Veterans' Affairs of the Senate and the House of Representatives the reasons for the infeasibility. The report shall be submitted contemporaneously with the budget submission for such fiscal year. The report shall specify (1) the information, systems, equipment, or personnel that would be required in order for it to be feasible for the Administrator or the Secretary to identify such amount, and (2) the actions to be taken in order to ensure that it will be feasible to make such an estimate in connection with the submission of the budget request for the next fiscal year.' INAPPLICABILITY OF RESTRICTIONS Pub. L. 101-312, June 25, 1990, 104 Stat. 271, provided: 'That (a) the Secretary of Veterans Affairs may proceed with the administrative reorganization described in subsection (b) of this Act without regard to section 210(b) of title 38, United States Code. '(b) The administrative reorganization referred to in subsection (a) is the reorganization of the regional field offices of the Veterans Health Services and Research Administration of the Department of Veterans Affairs as that reorganization and related activity are described in (1) letters dated January 22, 1990, and the detailed plan and justification enclosed therewith, submitted by the Secretary to the Committees on Veterans' Affairs of the Senate and the House of Representatives pursuant to such section 210(b), and (2) letters dated April 17, 1990, submitted in supplementation thereof by the Secretary to such Committees.' Section 15(b) of Pub. L. 100-527 provided that: 'Section 210(b) of title 38, United States Code (as amended by subsection (a)), shall not apply to a reorganization of a unit of the Central Office of the Department of Veterans' Affairs if the reorganization - '(1) is necessary in order to carry out the provisions of or amendments made by this Act (see section 1 of Pub. L. 100-527, set out as a note under section 201 of this title); and '(2) is initiated within 6 months after the effective date of this Act (Mar. 15, 1989).' CONSTRUCTION Section 15(c) of Pub. L. 100-527 provided that: 'References to the Administrator of Veterans' Affairs and the Veterans' Administration are used in the amendments made by subsection (a) (amending this section) in order to maintain conformity with the references appearing in the provisions of section 210 of title 38, United States Code, that are not amended by subsection (a). The references appearing in such amendments are subject to the reference rules provided in section 10 of this Act (set out as a note under section 201 of this title).' INFORMATION AND TRAINING CONCERNING AIDS PREVENTION Pub. L. 100-322, title I, Sec. 123, May 20, 1988, 102 Stat. 504, provided that: '(a) Information Program. - The Administrator shall establish and carry out an information program relating to the acquired immune deficiency syndrome (hereinafter in this section referred to as 'AIDS'). The information program shall be for employees and consultants of the Veterans' Administration, for other persons providing services in Veterans' Administration facilities to beneficiaries of programs administered by the Veterans' Administration, and for such beneficiaries. '(b) Required Elements of Information Program. - In conducting the program under subsection (a), the Administrator shall - '(1) develop, in consultation with the Surgeon General of the United States and the Director of the Centers for Disease Control, publications and other materials containing information on AIDS, including information on the prevention of infection with the human immunodeficiency virus; '(2) provide for periodic dissemination of publications (including the Surgeon General's Report on AIDS) and other materials containing such information; '(3) make publications and other suitable materials containing such information readily available in Veterans' Administration health-care facilities and such other Veterans' Administration facilities as the Administrator considers appropriate; and '(4) disseminate information (including the Surgeon General's Report on AIDS) on the risk of transmission of the human immunodeficiency virus, and information on preventing the transmission of such virus, to Veterans' Administration substance abuse treatment personnel, to each person being furnished treatment by the Veterans' Administration for drug abuse, and to each person receiving care or services from the Veterans' Administration whom the Administrator believes to be at high risk for AIDS. '(c) Training in AIDS Prevention. - The Administrator shall establish and carry out a program that provides for education, training, and other activities (including continuing education and infection control programs) regarding AIDS and the human immunodeficiency virus designed to improve the effectiveness and safety of all health-care personnel and all health-care support personnel involved in the furnishing of care under programs administered by the Veterans' Administration.' STATUS AND ROLE OF ADMINISTRATOR OF VETERANS' AFFAIRS; MEMBER OF CABINET, SENSE OF CONGRESS Pub. L. 98-160, title V, Nov. 21, 1983, 97 Stat. 1005, provided that: 'CONGRESSIONAL FINDINGS 'Sec. 501. The Congress finds that - '(1) the Nation has an historic and deeply-rooted commitment to providing benefits and services to those who served in the Armed Forces; '(2) this commitment must be continued and maintained, both to fulfill moral obligations to those who served in the past and to assure current and potential members of the Armed Forces that the Nation's obligations to those who serve will always be honored; '(3) the Veterans' Administration is the principal Federal entity responsible for veterans' benefits and programs; '(4) the Veterans' Administration has a potential population of beneficiaries of over 28 million veterans and over 55 million survivors and dependents; '(5) the Veterans' Administration will distribute over $13.8 billion in income maintenance payments and over $1.5 billion in education, training, and rehabilitation assistance payments during fiscal year 1984, operates one of the Federal Government's two major home loan guaranty programs, with over four million loans currently guaranteed, administers the largest direct insurance program in the Nation, and operates 108 national cemeteries and provides burial assistance for nearly 350,000 deceased veterans annually; '(6) the Veterans' Administration operates the largest centrally administered health-care system - consisting of, among other facilities, 172 hospitals, 226 outpatient clinics, and 99 nursing home care units - in the United States; '(7) the Veterans' Administration health-care system serves as the primary backup to the medical resources of the Department of Defense in time of war or national emergency involving the use of the Armed Forces in armed conflict; '(8) in terms of share of the annual Federal budget, the Veterans' Administration ranks sixth among Federal departments and agencies, and among Federal departments and agencies only the Department of Defense employs more personnel; '(9) the Administrator of Veterans' Affairs is the principal executive branch official responsible for the administration of the benefits, services, and programs of the Veterans' Administration and for seeking the coordination of veterans' programs administered by other Federal departments and agencies; '(10) there is a need for greater coordination between the Veterans' Administration and other Federal entities administering veterans programs and between the Veterans' Administration and other Federal entities providing similar benefits to individuals on a basis other than their status as veterans; '(11) by virtue of the Administrator of Veterans' Affairs not being included in the President's Cabinet, the Administrator generally is not included in Cabinet meetings and deliberations and generally does not have the ready access to the President and senior advisers on the President's staff that Cabinet members have; and '(12) as a consequence, Presidential decisions affecting veterans and the Veterans' Administration are made from time to time without an understanding of their full impact on veterans and on the Veterans' Administration's performance of its statutory missions. 'SENSE OF THE CONGRESS 'Sec. 502. In view of the findings in section 501, it is the sense of the Congress that the Administrator of Veterans' Affairs should be designated by the President as a member of, and a full participant in all activities of, the Cabinet and as the President's principal adviser on all matters relating to veterans and their dependents.' CONTINUATION OF AUTHORITY UNDER ACT OF JULY 3, 1930 Section 4 of Pub. L. 85-857 provided that: 'All functions, powers, and duties conferred upon and vested in the President and the Administrator by the Act of July 3, 1930 (46 Stat. 1016) and which were in effect on December 31, 1957, are continued in effect.' OUTSTANDING RULES, REGULATIONS, AND ORDERS Section 7 of Pub. L. 85-857 provided that: 'All rules, regulations, orders, permits, and other privileges issued or granted by the Administrator of Veterans' Affairs before December 31, 1958, and in effect on such date (or scheduled to take effect after such date) shall remain in full force and effect until modified, suspended, overruled, or otherwise changed by the Administrator.' EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to Secretary of Veterans Affairs, see Parts 1, 2, and 27 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 2251 of Title 50, Appendix, War and National Defense. -CROSS- CROSS REFERENCES Compensation of Secretary of Veterans Affairs, see section 5312 of Title 5, Government Organization and Employees. Compensation of Deputy Secretary of Veterans Affairs, see section 5313 of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 621 of this title. ------DocID 42703 Document 57 of 965------ -CITE- 38 USC Sec. 211 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 211. Decisions by Administrator; opinions of Attorney General -STATUTE- (a)(1) The Administrator shall decide all questions of law and fact necessary to a decision by the Administrator under a law that affects the provision of benefits by the Administrator to veterans or the dependents or survivors of veterans. Subject to paragraph (2) of this subsection, the decision of the Administrator 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. (2) The second sentence of paragraph (1) of this subsection does not apply to - (A) matters subject to section 223 of this title; (B) matters covered by sections 775 and 784 of this title; (C) matters arising under chapter 37 of this title; and (D) matters covered by chapter 72 of this title. (b) The Administrator may require the opinion of the Attorney General on any question of law arising in the administration of the Veterans' Administration. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1115; Pub. L. 89-214, Sec. 1(b), Sept. 29, 1965, 79 Stat. 886; Pub. L. 89-358, Sec. 4(h), Mar. 3, 1966, 80 Stat. 24; Pub. L. 91-376, Sec. 8(a), Aug. 12, 1970, 84 Stat. 790; Pub. L. 100-687, div. A, title I, Sec. 101(a), Nov. 18, 1988, 102 Stat. 4105.) -MISC1- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-687 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: 'On and after October 17, 1940, except as provided in sections 775, 784, and as to matters arising under chapter 37 of this title, the decisions of the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans and their dependents or survivors shall be final and conclusive and no other official or any court of the United States shall have power or jurisdiction to review any such decision by an action in the nature of mandamus or otherwise.' 1970 - Subsec. (a). Pub. L. 91-376 substituted provisions that on or after Oct. 17, 1940, except as provided in sections 775, 784, and chapter 37 of this title, the decisions of the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans and their dependents or survivors be final and conclusive and no other official or any court of the United States have power or jurisdiction to review any such decision by an action in the nature of mandamus or otherwise, for provisions that, except as provided in the enumerated sections, the decisions of the Administrator on any question of law or fact concerning a claim for benefits or payments under any law administered by the Veterans' Administration be final and conclusive and no other official or any court of the United States have power or jurisdiction to review any such decision. 1966 - Subsec. (a). Pub. L. 89-358 struck out references to sections 1661 and 1761. 1965 - Subsec. (a). Pub. L. 89-214 inserted reference to section 775. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-687 effective Sept. 1, 1989, see section 401(a) of Pub. L. 100-687, set out as an Effective Date note under section 4051 of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Writ of mandamus abolished in United States district courts, but relief available by appropriate action or motion, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3004, 4004 of this title. ------DocID 42704 Document 58 of 965------ -CITE- 38 USC Sec. 212 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 212. Delegation of authority and assignment of duties -STATUTE- (a) The Administrator may assign duties, and delegate, or authorize successive redelegation of, authority to act and to render decisions, with respect to all laws administered by the Veterans' Administration, to such officers and employees as the Administrator 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 Administrator. (b) There shall be included on the technical and administrative staff of the Administrator such staff officers, experts, inspectors, and assistants (including legal assistants), as the Administrator may prescribe. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1115; Pub. L. 89-361, Sec. 2, Mar. 7, 1966, 80 Stat. 30; Pub. L. 99-576, title VII, Sec. 701(10), Oct. 28, 1986, 100 Stat. 3291.) -MISC1- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-576 substituted 'as the Administrator' for 'as he'. 1966 - Subsec. (a). Pub. L. 89-361 empowered the Administrator, as he may find necessary, to authorize the successive redelegation to officers and employees of any authority delegated by the Administrator to act and render decisions with respect to laws administered by the Veterans' Administration, and provided that acts and decisions performed within the limitations of such redelegations shall have force and effect as though performed or rendered by the Administrator. ------DocID 42705 Document 59 of 965------ -CITE- 38 USC Sec. 213 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 213. Contracts and personal services -STATUTE- The Administrator may, for purposes of all laws administered by the Veterans' Administration, 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 Administrator may deem practicable. The Administrator 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 Administrator's judgment, such arrangements are in the interest of efficiency or economy. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1115; Pub. L. 89-785, title III, Sec. 302, Nov. 7, 1966, 80 Stat. 1376; Pub. L. 91-24, Sec. 2(c), June 11, 1969, 83 Stat. 33; Pub. L. 99-576, title VII, Sec. 701(11), Oct. 28, 1986, 100 Stat. 3291.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-576 substituted 'as the Administrator' for 'as he' and 'in the Administrator's' for 'in his'. 1969 - Pub. L. 91-24 inserted '(including contracts for services of translators without regard to any other law)' after 'public agencies or persons'. 1966 - Pub. L. 89-785 empowered the Administrator to 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 his judgment, such arrangements are in the interest of efficiency or economy. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5010 of this title. ------DocID 42706 Document 60 of 965------ -CITE- 38 USC Sec. 214 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 214. Reports to the Congress -STATUTE- The Administrator shall make annually, at the close of each fiscal year, a report in writing to the Congress, giving an account of all moneys received and disbursed by the Veterans' Administration, describing the work done, and stating the activities of the Veterans' Administration for such fiscal year. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1115.) -MISC1- REPORTS ON ASSISTANCE TO HOMELESS VETERANS Pub. L. 100-322, title I, Sec. 116, May 20, 1988, 102 Stat. 502, provided that: 'Not later than December 15 of each of 1988, 1989, and 1990, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the activities (including outreach activities and delivery of medical benefits and other benefits) of the Veterans' Administration during the preceding fiscal year to assist homeless veterans. The report shall include any suggestions of the Administrator for changes in those activities.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 221, 222, 245, 618, 654, 664, 1521, 1833, 4001 of this title. ------DocID 42707 Document 61 of 965------ -CITE- 38 USC Sec. 215 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 215. Publication of laws relating to veterans -STATUTE- The Administrator may compile and publish all Federal laws relating to veterans' relief, including such laws as are administered by the Veterans' Administration as well as by other agencies of the Government, in such form as the Administrator deems advisable for the purpose of making currently available in convenient form for the use of the Veterans' Administration and full-time representatives of the several service organizations an annotated, indexed, and cross-referenced statement of the laws providing veterans' relief. The Administrator 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. The distribution of the compilation to the representatives of the several service organizations shall be as determined by the Administrator. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1115; Pub. L. 99-576, title VII, Sec. 701(10), Oct. 28, 1986, 100 Stat. 3291.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-576 substituted 'as the Administrator' for 'as he'. ------DocID 42708 Document 62 of 965------ -CITE- 38 USC Sec. 216 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 216. Assistance to certain rehabilitation activities -STATUTE- (a) The Administrator may assist any organization named in or approved under section 3402 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. (b) The Administrator may accept from any appropriate source contributions of funds and of other assistance to support the Administrator's provision of assistance for such activities. (c)(1) Subject to paragraph (2) of this subsection, the Administrator may authorize the use, for purposes approved by the Administrator in connection with the activity involved, of the seal and other official symbols of the Veterans' Administration and the name 'Veterans' Administration' by - (A) any organization which provides an activity described in subsection (a) of this section with assistance from the Administrator; and (B) any individual or entity from which the Administrator accepts a significant contribution under subsection (b) of this section or an offer of such a contribution. (2) The use of such seal or name or any official symbol of the Veterans' Administration in an advertisement may be authorized by the Administrator under this subsection only if - (A) the Administrator 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 Veterans' Administration. -SOURCE- (Added Pub. L. 100-322, title I, Sec. 132(a), May 20, 1988, 102 Stat. 506.) -MISC1- PRIOR PROVISIONS A prior section 216, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1116; Pub. L. 87-572, Aug. 6, 1962, 76 Stat. 307; Pub. L. 88-433, Sec. 1(a)-(c), Aug. 14, 1964, 78 Stat. 441, 442; Pub. L. 89-705, Sec. 1, Nov. 2, 1966, 80 Stat. 1099, which directed Administrator to conduct research in field of prosthetic appliances, prosthesis, orthopedic appliances, and sensory devices, was repealed by Pub. L. 94-581, title II, Sec. 205(c)(1), Oct. 21, 1976, 90 Stat. 2859. See section 4101(c) of this title. ------DocID 42709 Document 63 of 965------ -CITE- 38 USC Sec. 217 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 217. Studies of rehabilitation of disabled persons -STATUTE- (a) The Administrator may make or have made studies, investigations, and 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 utilized in gainful and suitable employment including the rehabilitation programs of foreign nations. (b) In carrying out this section, the Administrator may cooperate with such public and private agencies as the Administrator may deem advisable, and may employ consultants who shall receive a reasonable per diem, as prescribed by the Administrator, for each day actually employed, plus necessary travel and other expenses. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1116; Pub. L. 99-576, title VII, Sec. 701(10), Oct. 28, 1986, 100 Stat. 3291.) -MISC1- AMENDMENTS 1986 - Subsec. (b). Pub. L. 99-576 substituted 'as the Administrator' for 'as he'. ------DocID 42710 Document 64 of 965------ -CITE- 38 USC Sec. 218 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 218. Security and law enforcement on property under the jurisdiction of the Veterans' Administration -STATUTE- (a)(1) The Administrator shall prescribe regulations to provide for the maintenance of law and order and the protection of persons and property on land and in buildings under the jurisdiction of the Veterans' Administration and not under the control of the Administrator of General Services (hereinafter in this section referred to as 'Veterans' Administration property'). (2) Such regulations shall include - (A) rules for conduct on Veterans' Administration property; and (B) the penalties, within the limits specified in paragraph (3) of this subsection, for violations of such rules. (3) Whoever violates any rule prescribed under paragraph (2)(A) of this subsection shall be fined not more than $500 or imprisoned not more than six months (or such lesser amount or period of time as the Administrator prescribes in the regulations prescribed under this subsection), or both. (4) The rules prescribed under clause (A) of paragraph (2) of this subsection, together with the penalties for violations of such rules, shall be posted conspicuously on property to which they apply. (5) The Administrator shall consult with the Attorney General before prescribing regulations under this subsection. (b)(1)(A) Veterans' Administration employees who are Veterans' Administration police officers shall, with respect to acts occurring on Veterans' Administration property, enforce - (i) Federal laws; (ii) the rules prescribed under subsection (a)(2)(A) of this section; and (iii) subject to subparagraph (B) of this paragraph, traffic and motor vehicle laws of a State or local government within the jurisdiction of which such Veterans' Administration property is located. (B) A law described in clause (iii) of subparagraph (A) of this paragraph may be enforced under such clause 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. (C) Subject to regulations prescribed under paragraph (2) of this subsection, a Veterans' Administration police officer may make arrests on Veterans' Administration property for a violation of a Federal law or any rule prescribed under subsection (a)(2)(A) of this section. (2) The Administrator shall prescribe regulations with respect to Veterans' Administration police officers. Such regulations shall include - (A) policies with respect to the exercise by Veterans' Administration police officers of the enforcement and arrest authorities provided by paragraph (1) of this subsection; (B) the scope and duration of training that is required for Veterans' Administration police officers, with particular emphasis on dealing with situations involving patients; and (C) rules limiting the carrying and use of weapons by Veterans' Administration police officers. (3) The Administrator shall consult with the Attorney General before prescribing regulations under clause (A) of paragraph (2) of this subsection. (4) Rates of basic pay for Veterans' Administration police officers may be increased by the Administrator under section 4107(g) of this title. (c)(1) The Administrator may pay an allowance under this subsection for the purchase of uniforms to any Veterans' Administration police officer who is required to wear a prescribed uniform in the performance of official duties. (2) The amount of the allowance that the Administrator may pay under this subsection - (A) may be based on estimated average costs or actual costs; (B) may vary by geographic regions; and (C) except as provided in paragraph (3) of this paragraph, may not exceed $200 in a fiscal year for any police officer. (3)(A) The amount of an allowance under this subsection may be increased to an amount up to $400 for not more than one fiscal year in the case of any Veterans' Administration police officer. In the case of a person who is appointed as a Veterans' Administration police officer on or after the date on which the Administrator initially exercises the authority granted by this paragraph, an allowance in an amount established under this paragraph shall be paid at the beginning of such person's employment as such an officer. In the case of any other Veterans' Administration police officer, an allowance in an amount established under this paragraph shall be paid upon the request of the officer. (B) A police officer who resigns as a police officer less than one year after receiving an allowance in an amount established under this paragraph shall repay to the Veterans' Administration 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 the date on which the officer submitted a request for such allowance, as the case may be. (4) An allowance may not be paid to a Veterans' Administration police officer under this subsection and under section 5901 of title 5 for the same fiscal year. (d) The Administrator shall furnish Veterans' Administration police officers with such weapons and related equipment as the Administrator determines to be necessary and appropriate. (e) With the permission of the head of the agency concerned, the Administrator 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. -SOURCE- (Added Pub. L. 93-43, Sec. 4(a), June 18, 1973, 87 Stat. 79, and amended Pub. L. 98-528, title I, Sec. 101(a)(1), Oct. 19, 1984, 98 Stat. 2686; Pub. L. 99-576, title II, Sec. 211, Oct. 28, 1986, 100 Stat. 3257.) -MISC1- AMENDMENTS 1986 - Subsec. (b)(1). Pub. L. 99-576 amended par. (1) generally. Prior to amendment, par. (1) read as follows: 'Veterans' Administration employees who are Veterans' Administration police officers shall enforce Federal laws and the rules prescribed under subsection (a)(2)(A) of this section on Veterans' Administration property. Subject to regulations prescribed under paragraph (2) of this subsection, a Veterans' Administration police officer may make arrests on Veterans' Administration property for a violation of any Federal law or of any such rule.' 1984 - Pub. L. 98-528 amended section generally, substituting provisions relating to security and law enforcement on property under jurisdiction of Veterans' Administration, for provisions relating to standards of conduct and arrests for crimes at hospitals, domiciliaries, cemeteries, and other Veterans' Administration reservations. EFFECTIVE DATE Section effective June 18, 1973, see section 10(a) of Pub. L. 93-43, set out as a note under section 1000 of this title. SAVINGS PROVISION Section 101(a)(2) of Pub. L. 98-528 provided that: 'The provisions of section 218 of title 38, United States Code, other than clause (2) of subsection (a) of such section, as in effect on the day before the date of the enactment of this Act (Oct. 19, 1984) shall remain in effect until the date on which the Administrator of Veterans' Affairs prescribes the regulations required to be prescribed by subsections (a) and (b) of such section as amended by subsection (a) of this section.' -CROSS- CROSS REFERENCES Protection of Federal property under jurisdiction of Administrator of General Services, see sections 318 to 318d of Title 40, Public Buildings, Property, and Works. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4107 of this title. ------DocID 42711 Document 65 of 965------ -CITE- 38 USC Sec. 219 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 219. Evaluation and data collection -STATUTE- (a) The Administrator, pursuant to general standards which the Administrator shall prescribe in regulations, shall measure and evaluate on a continuing basis the impact 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 impact on related programs, and their structure and mechanisms for delivery of services. Such information as the Administrator may deem necessary for purposes of such evaluations shall be made available to the Administrator, upon request, by all departments, agencies, and instrumentalities of the executive branch. (b) In carrying out this section, the Administrator 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 Administrator 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 and analyses of all data collected, under this section. -SOURCE- (Added Pub. L. 93-508, title II, Sec. 213(a), Dec. 3, 1974, 88 Stat. 1586, and amended Pub. L. 99-576, title VII, Sec. 701(12), Oct. 28, 1986, 100 Stat. 3291.) -MISC1- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-576 substituted 'which the Administrator' for 'which he' and 'to the Administrator' for 'to him'. EFFECTIVE DATE Section effective Dec. 3, 1974, see section 503 of Pub. L. 93-508, set out as an Effective Date of 1974 Amendment note under section 1652 of this title. STUDY OF EFFECT OF VIETNAM EXPERIENCE ON HEALTH STATUS OF WOMEN VIETNAM VETERANS Pub. L. 99-272, title XIX, Sec. 19031, Apr. 7, 1986, 100 Stat. 385, provided that: '(a) Requirement for Epidemiological Study. - (1)(A) Except as provided in paragraph (2), the Administrator of Veterans' Affairs shall provide for the conduct of an epidemiological study of any long-term adverse health effects (particularly gender-specific health effects) which have been experienced by women who served in the Armed Forces of the United States in the Republic of Vietnam during the Vietnam era and which may have resulted from traumatic experiences during such service, from exposure during such service to phenoxy herbicides (including the herbicide known as Agent Orange), to other herbicides, chemicals, or medications that may have deleterious health effects, or to environmental hazards, or from any other experience or exposure during such service. '(B) The Administrator may include in the study conducted under this paragraph an evaluation of the means of detecting and treating long-term adverse health effects (particularly gender-specific health effects) found through the study. '(2)(A) If the Administrator, in consultation with the Director of the Office of Technology Assessment, determines that it is not feasible to conduct a scientifically valid study of an aspect of the matters described in paragraph (1) - '(i) the Administrator shall promptly submit to the appropriate committees of the Congress a notice of that determination and the reasons for the determination; and '(ii) the Director, not later than 60 days after the date on which such notice is submitted to the committees, shall submit to such committees a report evaluating and commenting on such determination. '(B) The Administrator is not required to study any aspect of the matters described in paragraph (1) with respect to which a determination is made and a notice is submitted pursuant to subparagraph (A)(i). '(C) If the Administrator submits to the Congress notice of a determination made pursuant to subparagraph (A) that it is not scientifically feasible to conduct the study described in paragraph (1)(A), this section (effective as of the date of such notice) shall cease to have effect as if repealed by law. '(3) The Administrator shall provide for the study to be conducted through contracts or other agreements with private or public agencies or persons. '(b) Approval of Protocol. - (1) The study required by subsection (a) shall be conducted in accordance with a protocol approved by the Director of the Office of Technology Assessment. '(2) Not later than July 1, 1986, the Administrator shall publish a request for proposals for the design of the protocol to be used in conducting the study under this section. '(3) In considering any proposed protocol for use or approval under this subsection, the Administrator and the Director shall take into consideration - '(A) the protocol approved under section 307(a)(2)(A)(i) of the Veterans Health Programs Extension and Improvement Act of 1979 (Public Law 96-151; 38 U.S.C. 219 note); and '(B) the experience under the study being conducted pursuant to that protocol. '(c) OTA Reports. - (1) Concurrent with the approval or disapproval of any protocol under subsection (b)(1), the Director shall submit to the appropriate committees of the Congress a report - '(A) explaining the reasons for the Director's approval or disapproval of the protocol, as the case may be; and '(B) containing the Director's conclusions regarding the scientific validity and objectivity of the protocol. '(2) If the Director has not approved a protocol under subsection (b)(1) by the last day of the 180-day period beginning on the date of the enactment of this Act (Apr. 7, 1986), the Director - '(A) shall, on such day, submit to the appropriate committees of the Congress a report describing the reasons why the Director has not approved such a protocol; and '(B) shall, each 60 days thereafter until such a protocol is approved, submit to such committees an updated report on the report required by clause (A). '(d) OTA Monitoring of Compliance. - (1) In order to ensure compliance with the protocol approved under subsection (b)(1), the Director shall monitor the conduct of the study under subsection (a). '(2)(A) The Director shall submit to the appropriate committees of the Congress, at each of the times specified in subparagraph (B), a report on the Director's monitoring of the conduct of the study pursuant to paragraph (1). '(B) A report shall be submitted under subparagraph (A) - '(i) before the end of the 6-month period beginning on the date on which the Director approves the protocol referred to in paragraph (1); '(ii) before the end of the 12-month period beginning on such date; and '(iii) annually thereafter until the study is completed or terminated. '(e) Duration of Study. - The study conducted pursuant to subsection (a) shall be continued for as long after the date on which the first report is submitted under subsection (f)(1) as the Administrator determines that there is a reasonable possibility of developing, through such study, significant new information on the health effects described in subsection (a)(1). '(f) Reports. - (1) Not later than 24 months after the date of the approval of the protocol pursuant to subsection (b)(1) and annually thereafter, the Administrator shall submit to the appropriate committees of the Congress a report containing - '(A) a description of the results obtained, before the date of such report, under the study conducted pursuant to subsection (a); and '(B) any administrative actions or recommended legislation, or both, and any additional comments which the Administrator considers appropriate in light of such results. '(2) Not later than 90 days after the date on which each report required by paragraph (1) is submitted, the Administrator shall publish in the Federal Register, for public review and comment, a description of any action that the Administrator plans or proposes to take with respect to programs administered by the Veterans' Administration based on - '(A) the results described in such report; '(B) the comments and recommendations received on that report; and '(C) any other available pertinent information. Each such description shall include a justification or rationale for the planned or proposed action. '(g) Definitions. - For the purposes of this section: '(1) The term 'gender-specific health effects' includes - '(A) effects on female reproductive capacity and reproductive organs; '(B) effects on reproductive outcomes; '(C) effects on female-specific organs and tissues; and '(D) other effects unique to the physiology of females. '(2) The term 'Vietnam era' has the meaning given such term in section 101(29) of title 38, United States Code.' ADVISORY COMMITTEE ON NATIVE-AMERICAN VETERANS Pub. L. 99-272, title XIX, Sec. 19032, Apr. 7, 1986, 100 Stat. 388, as amended by Pub. L. 100-322, title IV, Sec. 413, May 20, 1988, 102 Stat. 548, provided that: '(a) Establishment of Committee. - Not later than May 1, 1986, the Administrator of Veterans' Affairs shall establish an advisory committee to be known as the Advisory Committee on Native-American Veterans (hereinafter in this section referred to as the 'Committee'). '(b) Duties. - The Committee shall examine and evaluate programs and other activities of the Veterans' Administration with respect to the needs of veterans who are Native Americans, including American Indians, Alaska Natives, and Native Hawaiians. Such examination and evaluation shall include - '(1) an assessment of the needs of such veterans with respect to health care, rehabilitation, readjustment counseling, outreach services, and other benefits and services under programs administered by the Veterans' Administration; and '(2) a review of the manner in which and the extent to which the programs and other activities of the Veterans' Administration meet such needs. '(c) Members. - The Committee shall consist of - '(1) 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); '(2) the Chief Medical Director and Chief Benefits Director of the Veterans' Administration or their representatives; and '(3) members appointed by the Administrator from the general public, including - '(A) representatives of veterans who are Native Americans, including American Indians, Alaska Natives, and Native Hawaiians and such veterans with service-connected disabilities; and '(B) individuals who are recognized authorities in fields pertinent to the needs of such veterans, including the specific health-care needs of such veterans and the furnishing of health-care services by the Veterans' Administration to such veterans. '(d) Participation by Other Agencies. - The Administrator may invite representatives of other departments and agencies of the Federal Government to participate in the meetings and other activities of the Committee. '(e) Number and Pay of Members. - The Administrator shall determine the number and pay and allowances of the members of the Committee appointed by the Administrator. '(f) Reports. - (1) Not later than February 1, 1987, February 1, 1988, and February 1, 1989, the Committee shall submit to the Administrator a report containing the findings and any recommendations of the Committee regarding the matters described in subsection (b) that were examined and evaluated by the Committee during the preceding fiscal year. '(2) Not later than 60 days after receiving each such report, the Administrator 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 Administrator considers appropriate. '(g) Definitions. - For the purposes of this section: '(1) The term 'Alaska Native' has the meaning given the term 'Native' in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)). '(2) The term 'Native Hawaiian' has the meaning given that term in section 813(3) (probably should be '815(3)') of the Native American Programs Act of 1974 (42 U.S.C. 2992c(3)). '(h) Termination. - The Committee shall terminate 90 days after the date on which the third report is transmitted by the Administrator pursuant to subsection (f)(2).' RADIATION EXPOSURE STUDY AND GUIDE Pub. L. 98-160, title VI, Nov. 21, 1983, 97 Stat. 1006, as amended by Pub. L. 98-542, Sec. 8(b), Oct. 24, 1984, 98 Stat. 2732, provided that: 'Sec. 601. (a)(1)(A) Subject to subparagraphs (B) and (C), the Administrator of Veterans' Affairs, through contracts or agreements with private or public agencies or persons and in consultation with the Director of the Office of Technology Assessment, shall provide for the conduct of epidemiological study of the long-term adverse health effects of exposure to ionizing radiation from the detonation of nuclear devices in connection with the test of such devices or in connection with the American occupation of Hiroshima and Nagasaki, Japan, during the period beginning on September 11, 1945, and ending on July 1, 1946, in persons who, while serving in the Armed Forces of the United States, were exposed to such radiation. Such study shall include, but not necessarily be limited to, a study of identifiable prevalent illnesses, including malignancies, in the persons exposed. '(B) If the Administrator, in consultation with the Director of the Office of Technology Assessment, determines that it is not feasible to conduct scientifically valid study of any or all of the matters required under subparagraph (A) to be studied - '(i) the Administrator shall promptly submit to the appropriate committees of the Congress notice of that determination and the reasons therefor; and '(ii) the Director, not later than 60 days after such notice is provided, shall submit to such committees a report evaluating and commenting on such determination. '(C) If the Administrator notifies the Congress of a determination or determinations made pursuant to subparagraph (B), the matter or matters required under subparagraph (A) to be studied to which such determination or determinations apply shall not be required to be studied. If the Administrator notifies the Congress of a determination made pursuant to subparagraph (B) that, taken as a whole, study under subparagraph (A) is not scientifically feasible, the requirement in subparagraph (A) that the Administrator provide for the conduct of epidemiological study shall cease to have effect as if repealed by law. '(2) Not later than one year after the date of the enactment of this Act (Nov. 21, 1983), the Administrator shall submit to the appropriate committees of the Congress a report on the development of a protocol or protocols for study under paragraph (1)(A). With respect to any such protocol under consideration for development, or in the process of development, that has not been completed by the end of such year, the report shall include an estimate of the completion date for such protocol and an estimate of the cost to be incurred in developing such protocol. '(3)(A) The Director of the Office of Technology Assessment shall monitor the development of the protocol or protocols for, and the conduct of, study under paragraph (1)(A) and shall submit to the appropriate committees of the Congress, at each of the times specified in the next sentence, a report on such monitoring. Reports under the preceding sentence shall be submitted within 6 months after the date of the enactment of this Act (Nov. 21, 1983), within 12 months after such date, within 25 months after such date, and annually thereafter until such study is completed. '(B) If any protocol to which paragraph (2) applies (or any part of such protocol) is not completed by the end of the 12-month period beginning on the date of the enactment of this Act, the Director shall periodically submit to such committees reports on the status of the development of such protocol. '(4) When the Administrator has entered into a contract or agreement with an agency or person for the conduct of a study under paragraph (1)(A), the Administrator and such agency or person shall submit to the appropriate committees of the Congress a joint report containing a copy of the contract and an estimate of the total cost of such study. '(5)(A) Not later than 24 months after the date of the enactment of this Act (Nov. 21, 1983), and annually thereafter, the Administrator shall submit to the appropriate committees of the Congress a report on the status of study under paragraph (1)(A). Such report shall contain (i) a description of the progress on and any results obtained under such study, and (ii) such comments, and such recommendations for administrative and legislative action, as the Administrator considers appropriate in light of such progress and results. '(B) Immediately after the submission of each report under subparagraph (A), the Administrator, based on the results described in such report and the comments and recommendations included therein and any other available pertinent information, shall evaluate the need for any amendments to regulations, prescribed pursuant to section 5 of the Veterans' Dioxin and Radiation Exposure Compensation Standards Act (section 5 of Pub. L. 98-542, set out as a note under section 354 of this title), for the resolution of claims for service connection based on the exposure specified in subsection (a)(1)(B) of such section. To the extent that the Administrator determines that any amendments to such regulations are needed, the Administrator, not later than 90 days after such submission, shall develop and publish in the Federal Register, for public review and comment, proposed amendments to such regulations. '(C) The requirement in subparagraph (A) for the submission of annual reports shall expire upon the submission of a report after the completion of study under paragraph (1)(A). '(6) A contract to carry out study under paragraph (1)(A) may not be entered into unless (A) appropriations for payments under the contract have been provided in advance, or (B) the contract provides that the obligation of the United States to make payments under the contract is contingent upon the availability of funds appropriated for the making of such payments. '(7) There are authorized to be appropriated such sums as may be necessary for the conduct of study under subsection (a)(1)(A). '(b) Not later than one year after the date of the enactment of this Act (Nov. 21, 1983), the Administrator shall develop and distribute to appropriate Veterans' Administration personnel an indexed reference guide, derived from existing pertinent research-result compilations, designed to provide Veterans' Administration personnel who either furnish health care or adjudicate claims for benefits under title 38, United States Code, with readily usable information regarding the state of medical and other scientific information on any long-term adverse health effects in humans of exposure to ionizing radiation, including nuclear-device exposure, medical exposure, and occupational exposure. '(c)(1) For the purpose of ensuring that any study, research, or other activity carried out by the Federal Government with respect to adverse health effects in humans from exposure to ionizing radiation is scientifically valid and is conducted with efficiency and objectivity, the President shall ensure that - '(A) activities of the Veterans' Administration in connection with (i) study under subsection (a)(1)(A), (ii) the development of the guide required by subsection (b), and (iii) such additional research as may be identified, as a result of such study or the development of such guide or otherwise, as necessary for the resolution of questions regarding such effects are fully coordinated with studies and other activities which are planned, are being conducted, or have been completed by other departments, agencies, and instrumentalities of the Federal Government and which pertain to such effects, including the radioepidemiological tables mandated by section 7 of the Orphan Drug Act (Public Law 97-414; 96 Stat. 2059) (42 U.S.C. 241 note); and '(B) appropriate coordination and consultation occurs between and among the Administrator and the heads of such departments, agencies, and instrumentalities that may be engaged, during the conduct of study under subsection (a)(1)(A), in the design, conduct, monitoring, or evaluation of such radiation-exposure studies or related activities. '(2) Not later than 90 days after the date of the enactment of this Act (Nov. 21, 1983), the President shall submit to the appropriate committees of the Congress a report containing a description of the steps taken and plans made to ensure the coordination and consultation required by paragraph (1).' REPORT NOT LATER THAN JULY 1, 1984, ON THE USE OF FLEXIBLE AND COMPRESSED WORK SCHEDULES BY THE VETERANS' ADMINISTRATION Pub. L. 97-251, Sec. 10, Sept. 8, 1982, 96 Stat. 716, provided that: 'Not later than July 1, 1984, the Administrator of Veterans' Affairs shall submit to Congress a report on the results of the use of flexible and compressed work schedules by the Veterans' Administration. Such report shall include (1) an evaluation of the effects of the use of such schedules on the recruitment and retention of Veterans' Administration employees, on such employees' productivity and morale, and on such employees' effectiveness in carrying out the missions of the Veterans' Administration, and (2) such recommendations for administrative or legislative action, or both, as the Administrator considers appropriate in light of the need for and use of flexible and compressed work schedules by the Veterans' Administration.' AGENT ORANGE STUDY; REPORT TO CONGRESSIONAL COMMITTEES Pub. L. 96-151, title III, Sec. 307, Dec. 20, 1979, 93 Stat. 1097, as amended by Pub. L. 97-72, title IV, Sec. 401, Nov. 3, 1981, 95 Stat. 1061; Pub. L. 98-542, Sec. 8(a), Oct. 24, 1984, 98 Stat. 2731, provided that: '(a)(1)(A) The Administrator of Veterans' Affairs shall design a protocol for and conduct an epidemiological study of any long-term adverse health effects in humans of service in the Armed Forces of the United States in the Republic of Vietnam during the period of the Vietnam conflict as such health effects may result from exposure to phenoxy herbicides (including the herbicide known as Agent Orange) and the class of chemicals known as the dioxins produced during the manufacture of such herbicides. In conducting such study, the Administrator may expand the scope of the study to include an evaluation of any long-term adverse health effects in humans of such service as such health effects may result from other factors involved in such service, including exposure to other herbicides, chemicals, medications, or environmental hazards or conditions. The Administrator may also include in the study an evaluation of the means of detecting and treating adverse health effects found through the study. '(B) The Administrator shall also conduct a comprehensive review and scientific analysis of the literature covering other studies relating to whether there may be long-term adverse health effects in humans from exposure to phenoxy herbicides (including the herbicide known as Agent Orange) and the class of chemicals known as the dioxins produced during the manufacture of such herbicides. In conducting such review and analysis, the Administrator may expand the scope of such review and analysis to include a review and analysis of the literature covering other studies relating to whether there may be long-term adverse health effects in humans from other factors involved in service in the Armed Forces of the United States in the Republic of Vietnam during the period of the Vietnam conflict or in other comparable situations involving one or more of the factors described in the second sentence of subparagraph (A). The Administrator may also include a review and analysis of the means of detecting and treating adverse health effects found through any study covered by either such review and analysis. '(2)(A)(i) The study conducted pursuant to paragraph (1) shall be conducted in accordance with a protocol approved by the Director of the Office of Technology Assessment. '(ii) The Director shall monitor the conduct of such study in order to assure compliance with such protocol. '(B)(i) Concurrent with the approval or disapproval of any protocol under subparagraph (A)(i), the Director of the Office of Technology Assessment shall submit to the appropriate committees of the Congress a report explaining the basis for the Director's action in approving or disapproving such protocol and providing the Director's conclusions regarding the scientific validity and objectivity of such protocol. '(ii) In the event that the Director has not approved such protocol during the one hundred and eighty days following the date of the enactment of this Act (Dec. 20, 1979), the Director shall (I) submit to the appropriate committees of the Congress a report describing the reasons why the Director has not given such approval, and (II) submit an update report on such initial report each sixty days thereafter until such protocol is approved. '(C) The Director shall submit to the appropriate committees of the Congress, at each of the times specified in the second sentence of this subparagraph, a report on the Director's monitoring of the conduct of such study pursuant to subparagraph (A)(ii). A report under the preceding sentence shall be submitted before the end of the six-month period beginning on the date of the approval of such protocol by the Director, before the end of the twelve-month period beginning on such date, and annually thereafter until such study is completed or terminated. '(3) The study conducted pursuant to paragraph (1) shall be continued for as long after the submission of the first report under subsection (b)(2) as the Administrator may determine reasonable in light of the possibility of developing through such study significant new information on the long-term adverse health effects of exposure to dioxins. '(b)(1) Not later than twelve months after the date of the enactment of this Act (Dec. 20, 1979), the Administrator shall submit to the appropriate committees of the Congress a report on the literature review and analysis conducted under subsection (a)(1). '(2) Not later than twenty-four months after the date of the approval of the protocol pursuant to subsection (a)(2)(A)(i) and annually thereafter, the Administrator shall submit to the appropriate committees of the Congress a report containing (A) a description of the results thus far obtained under the study conducted pursuant to such subsection, and (B) such comments and recommendations for administrative or legislative action, or both, as the Administrator considers appropriate in light of such results. '(3) Immediately after the submission of each report under paragraph (2), the Administrator, based on the results described in such report and the comments and recommendations included therein and any other available pertinent information, shall evaluate the need for any amendments to regulations, prescribed pursuant to section 5 of the Veterans' Dioxin and Radiation Exposure Compensation Standards Act (section 5 of Pub. L. 98-528, set out as a note under section 354 of this title), for the resolution of claims for service connection based on the exposure specified in subsection (a)(1)(A) of such section. To the extent that the Administrator determines that any amendments to such regulations are needed, the Administrator, not later than 90 days after such submission, shall develop and publish in the Federal Register, for public review and comment, proposed amendments to such regulations. '(4) The first report submitted under paragraph (2) shall include the Administrator's recommendation, and reasons therefor, with respect to whether the authority to provide care and services under and by virtue of section 610(a)(5) of title 38, United States Code, should be extended beyond the expiration period specified by section 610(e)(3) of such title. '(c) For the purpose of assuring that any study carried out by the Federal Government with respect to the adverse health effects in humans of exposure to dioxins is scientifically valid and is conducted with efficiency and objectivity, the President shall assure that - '(1) the study conducted pursuant to subsection (a) is fully coordinated with studies which are planned, are being conducted, or have been completed by other departments, agencies, and instrumentalities of the Federal Government and which pertain to the adverse health effects in humans of exposure to dioxins; and '(2) all appropriate coordination and consultation is accomplished between and among the Administrator and the heads of such departments, agencies, and instrumentalities that may be engaged, during the conduct of the study carried out pursuant to subsection (a), in the design, conduct, monitoring, or evaluation of such dioxin-exposure studies. '(d) There are authorized to be appropriated such sums as may be necessary for the conduct of the study required by subsection (a).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3301 of this title. ------DocID 42712 Document 66 of 965------ -CITE- 38 USC Sec. 220 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 220. Coordination and promotion of other programs affecting veterans and their dependents -STATUTE- (a) The Administrator shall seek to achieve 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 shall seek to achieve the maximum feasible coordination of such programs with programs carried out under this title, and 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 Administrator shall seek to achieve the effective coordination of the provision, under laws administered by the Veterans' Administration, of benefits and services (and information about such benefits and services) with appropriate programs (and information about such programs) conducted by State and local governmental agencies and by private entities at the State and local level. In carrying out this subsection, the Administrator shall place special emphasis on veterans who are sixty-five years of age or older. -SOURCE- (Added Pub. L. 93-508, title II, Sec. 213(a), Dec. 3, 1974, 88 Stat. 1587, and amended Pub. L. 96-466, title VII, Sec. 701(a), (b)(1), Oct. 17, 1980, 94 Stat. 2215; Pub. L. 98-528, title I, Sec. 106(a), (b)(1), Oct. 19, 1984, 98 Stat. 2690.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-528 substituted 'other programs' for 'other Federal programs' in section catchline, designated existing provisions as subsec. (a), and added subsec. (b). 1980 - Pub. L. 96-466 inserted 'and promotion' after 'Coordination' in section catchline and inserted provisions in text relating to promoting the effective implementation, enforcement, and application of all provisions of law and regulations providing for special consideration, emphasis, or preference for veterans. EFFECTIVE DATE OF 1980 AMENDMENT Section 802(g)(1) of Pub. L. 96-466 provided that: 'The amendments made by section 701 (amending this section) shall become effective on October 1, 1980.' EFFECTIVE DATE Section effective Dec. 3, 1974, see section 503 of Pub. L. 93-508, set out as an Effective Date of 1974 Amendment note under section 1652 of this title. ------DocID 42713 Document 67 of 965------ -CITE- 38 USC Sec. 221 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 221. Advisory Committee on Former Prisoners of War -STATUTE- (a)(1) The Administrator 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) The members of the Committee shall be appointed by the Administrator from the general public and shall include - (A) appropriate representatives of veterans who are former prisoners of war; (B) 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 (C) appropriate representatives of disabled veterans. The Committee shall also include, as ex officio members, the Chief Medical Director and the Chief Benefits Director, or their designees. (3) The Administrator shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Administrator, except that the term of service of any such member may not exceed three years. (b) The Administrator 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) Not later than July 1, 1983, and not later than July 1 of each second year thereafter, the Committee shall submit to the Administrator a report on the programs and activities of the Veterans' Administration that pertain to veterans who are former prisoners of war. The Committee shall include in each such report an assessment of the needs of such veterans with respect to compensation, health care, and rehabilitation, a review of the programs and activities of the Veterans' Administration designed to meet such needs, and such recommendations (including recommendations for administrative and legislative action) as the Committee considers to be appropriate. The Administrator shall immediately submit such report to the Congress with any comments concerning the report that the Administrator considers appropriate. The Committee may also submit to the Administrator such other reports and recommendations as the Committee considers appropriate. The Administrator shall submit with each annual report submitted to the Congress pursuant to section 214 of this title a summary of all reports and recommendations of the Committee submitted to the Administrator since the previous annual report of the Administrator submitted to the Congress pursuant to such section. -SOURCE- (Added Pub. L. 97-37, Sec. 2(a), Aug. 14, 1981, 95 Stat. 935.) ------DocID 42714 Document 68 of 965------ -CITE- 38 USC Sec. 222 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 222. Advisory Committee on Women Veterans -STATUTE- (a) The Administrator shall establish an advisory committee to be known as the Advisory Committee on Women Veterans (hereinafter in this section referred to as 'the Committee'). (b)(1)(A) The Committee shall consist of members appointed by the Administrator 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); (FOOTNOTE 1) (FOOTNOTE 1) See Change of Name note below. (ii) the Secretary of Defense (or a representative of the Secretary of Defense designated by the Secretary after consultation with the Defense Advisory Committee on Women in the Services); and (iii) the Chief Medical Director and Chief Benefits Director, or their designees. (C) The Administrator may invite representatives of other departments and agencies of the United States to participate in the meetings and other activities of the Committee. (2) The Administrator shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Administrator, except that a term of service of any such member may not exceed 3 years. The Administrator may reappoint any such member for additional terms of service. (c) The Administrator shall, on a regular basis, consult with and seek the advice of the Committee with respect to - (1) the administration of benefits by the Veterans' Administration for women veterans; (2) reports and studies pertaining to women veterans; and (3) the needs of women veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Veterans' Administration. (d)(1) Not later than July 1, 1984, and not later than July 1 of each second year thereafter, the Committee shall submit to the Administrator a report on the programs and activities of the Veterans' Administration that pertain to women veterans. Each such report shall contain (A) an assessment of the needs of such veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Veterans' Administration, (B) a review of the programs and activities of the Veterans' Administration designed to meet such needs, and (C) such recommendations (including recommendations for administrative and legislative action) as the Committee considers appropriate. Within 60 days after receiving each such report, the Administrator shall submit to the Congress a copy of the report, together with any comments concerning the report that the Administrator considers appropriate. (2) The Committee may submit to the Administrator such other reports and recommendations as the Committee considers appropriate. (3) The Administrator shall submit with each annual report submitted to the Congress pursuant to section 214 of this title a summary of all reports and recommendations of the Committee submitted to the Administrator since the previous annual report of the Administrator submitted pursuant to such section. -SOURCE- (Added Pub. L. 98-160, title III, Sec. 301(a), Nov. 21, 1983, 97 Stat. 1003.) -CHANGE- CHANGE OF NAME Reference to Assistant Secretary of Labor for Veterans' Employment in any law in force on Nov. 6, 1986, deemed to be a reference to Assistant Secretary of Labor for Veterans' Employment and Training, see section 2(b)(3) of Pub. L. 99-619, set out as a References in Other Laws note under section 553 of Title 29, Labor. -MISC4- TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 42715 Document 69 of 965------ -CITE- 38 USC Sec. 223 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 223. Rulemaking: procedures and judicial review -STATUTE- (a) In applying section 552(a)(1) of title 5 to the Veterans' Administration, the Administrator 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. (b) 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 Administrator. (c) An action of the Administrator 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 355 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. -SOURCE- (Added Pub. L. 100-687, div. A, title I, Sec. 102(a)(1), Nov. 18, 1988, 102 Stat. 4106.) -MISC1- PRIOR PROVISIONS Another section 223 was renumbered section 224 of this title. EFFECTIVE DATE Section effective Sept. 1, 1989, see section 401(a) of Pub. L. 100-687, set out as a note under section 4051 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 211 of this title. ------DocID 42716 Document 70 of 965------ -CITE- 38 USC Sec. 224 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 224. Administrative settlement of tort claims -STATUTE- (a) Notwithstanding the limitations contained in section 2672 of title 28, the Administrator may settle any claim for money damages against the United States cognizable under section 1346(b) or 2672 of title 28 or section 4116 of this title to the extent the authority to do so is delegated to the Administrator 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. (b) 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. -SOURCE- (Added Pub. L. 100-322, title II, Sec. 203(b)(1), May 20, 1988, 102 Stat. 509, Sec. 223; renumbered Sec. 224, Pub. L. 101-94, title III, Sec. 302(d)(1), Aug. 16, 1989, 103 Stat. 628.) ------DocID 42717 Document 71 of 965------ -CITE- 38 USC SUBCHAPTER III -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER III -HEAD- SUBCHAPTER III - VETERANS' ADMINISTRATION REGIONAL OFFICES: EMPLOYEES ------DocID 42718 Document 72 of 965------ -CITE- 38 USC Sec. 230 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER III -HEAD- Sec. 230. Central and regional offices -STATUTE- (a) The Central Office of the Veterans' Administration shall be in the District of Columbia. The Administrator may establish such regional offices and such other field offices within the United States, its Territories, Commonwealths, and possessions, as the Administrator deems necessary. (b) The Administrator may exercise authority under this section in territory of the Republic of the Philippines until September 30, 1991. (c)(1) To provide for a more economical, efficient, and effective operation of such regional offices, the Secretary shall provide for the collocation of at least three regional offices with medical centers of the Department - (A) on real property under the jurisdiction of the Department of Veterans Affairs at such medical centers; or (B) 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 collocation. (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 party at not more than seven locations any of the real property described in paragraph (1)(A) or (B) of this subsection. (B) Such real property shall be used as the site of a facility - (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 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)(A) Subject to subparagraph (C)(i) of this paragraph, the Secretary shall, within 120 days of the date of the enactment of this subsection, issue an invitation for offers with respect to three collocations to be carried out under this subsection. Such invitation shall include, with respect to each such collocation, at least - (i) identification of the site to be developed; (ii) minimum office space requirements for regional office activities; (iii) design criteria of the facility to be constructed; (iv) a plan for meeting the security and parking needs for the facility and its occupants and visitors; (v) a statement of current and projected rents and other costs for regional office activities; (vi) 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; (vii) a plan for securing appropriate licenses, easements, and rights-of-way; and (viii) a list of terms and conditions the Secretary has approved for inclusion in the lease agreement for the facility concerned. (B) Subject to subparagraph (C)(ii) of this paragraph, the Secretary shall - (i) within one year after the date on which the invitation is issued under subparagraph (A) of this paragraph, enter into an agreement to carry out one collocation under this subsection; and (ii) within 180 days after entering into the agreement referred to in clause (i) of this subparagraph, enter into agreements to carry out two additional collocations, unless the Secretary determines that it is not economically feasible for the Department of Veterans Affairs to undertake them, taking into consideration all of the tangible and intangible benefits associated with such collocations. (C) The Secretary shall - (i) at least 10 days before the issuance or other publication of the invitation referred to in subparagraph (A) of this paragraph, transmit a copy of such invitation to the Committees on Veterans' Affairs of the Senate and House of Representatives; and (ii) at least 30 days before entering into an agreement under subparagraph (B) of this paragraph, transmit 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 subparagraph (A) of this paragraph. (7) The authority to enter into an agreement under this subsection shall expire on October 1, 1992. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1116; Pub. L. 86-103, July 23, 1959, 73 Stat. 224; Pub. L. 87-815, Sec. 5, Oct. 15, 1962, 76 Stat. 927; Pub. L. 91-338, July 16, 1970, 84 Stat. 437; Pub. L. 93-82, title IV, Sec. 401, Aug. 2, 1973, 87 Stat. 196; Pub. L. 95-520, Sec. 2, Oct. 26, 1978, 92 Stat. 1820; Pub. L. 96-22, title V, Sec. 503(a), June 13, 1979, 93 Stat. 65; Pub. L. 96-385, title V, Sec. 501, Oct. 7, 1980, 94 Stat. 1533; Pub. L. 97-295, Sec. 4(6), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99-108, Sec. 1, Sept. 30, 1985, 99 Stat. 481; Pub. L. 99-166, title IV, Sec. 402, Dec. 3, 1985, 99 Stat. 957; Pub. L. 99-576, title VII, Sec. 701(13), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 100-689, title V, Sec. 501(a), Nov. 18, 1988, 102 Stat. 4179; Pub. L. 101-237, title VI, Sec. 603(a), Dec. 18, 1989, 103 Stat. 2095.) -REFTEXT- REFERENCES IN TEXT The date of the enactment of this subsection, referred to in subsec. (c)(6)(A), is the date of enactment of Pub. L. 101-237, which was approved Dec. 18, 1989. -MISC2- AMENDMENTS 1989 - Subsec. (c). Pub. L. 101-237 added subsec. (c). 1988 - Subsec. (b). Pub. L. 100-689 substituted '1991' for '1988'. 1986 - Subsec. (a). Pub. L. 99-576 substituted 'as the Administrator' for 'as he'. 1985 - Subsec. (b). Pub. L. 99-166 substituted 'September 30, 1988' for 'October 31, 1985'. Pub. L. 99-108 substituted 'October 31, 1985' for 'September 30, 1985'. 1982 - Subsec. (b). Pub. L. 97-295 substituted 'Philippines' for 'Phillipines'. 1980 - Subsec. (b). Pub. L. 96-385 substituted 'September 30, 1985' for 'September 30, 1981'. 1979 - Subsec. (c). Pub. L. 96-22 struck out subsec. (c) which authorized the establishment and maintenance of an office in Europe. 1978 - Subsec. (b). Pub. L. 95-520 substituted 'September 30, 1981' for 'June 30, 1978'. 1973 - Subsec. (b). Pub. L. 93-82 substituted 'June 30, 1978' for 'July 3, 1974'. 1970 - Subsec. (b). Pub. L. 91-338 substituted 'July 3, 1974' for 'June 30, 1970'. 1962 - Subsec. (c). Pub. L. 87-815 added subsec. (c). 1959 - Subsec. (b). Pub. L. 86-103 substituted 'June 30, 1970' for 'June 30, 1960'. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96-385, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501 of Pub. L. 93-82, set out as a note under section 601 of this title. RATIFICATION FOR LAPSED PERIOD Section 501(b) of Pub. L. 100-689 provided that: 'Any action by the Administrator of Veterans' Affairs in providing, during the period beginning on October 1, 1988, and ending on the date of the enactment of this Act (Nov. 18, 1988), for a Veterans' Administration Regional Office in the Republic of the Philippines under section 230 of title 38, United States Code, is hereby ratified with respect to that period.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5003 of this title. ------DocID 42719 Document 73 of 965------ -CITE- 38 USC Sec. 231 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER III -HEAD- Sec. 231. Placement of employees in military installations -STATUTE- The Administrator may place officers and employees of the Veterans' Administration in such Army, Navy, and Air Force installations as may be deemed 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1116.) ------DocID 42720 Document 74 of 965------ -CITE- 38 USC Sec. 232 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER III -HEAD- (Sec. 232. Repealed. Pub. L. 91-24, Sec. 2(a), June 11, 1969, 83 Stat. 33) -MISC1- Section, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1116, authorized Administrator to contract for services of translators without regard to certain provisions of law. ------DocID 42721 Document 75 of 965------ -CITE- 38 USC Sec. 233 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER III -HEAD- Sec. 233. Employees' apparel; school transportation; recreational equipment; visual exhibits; personal property; emergency transportation of employees -STATUTE- (a) The Administrator, subject to such limitations as the Administrator may prescribe, may - (1) furnish and launder such wearing apparel as may be prescribed for employees in the performance of their official duties; (2) transport children of Veterans' Administration employees located at isolated stations to and from school in available Government-owned automotive equipment; (3) provide recreational facilities, supplies, and equipment for the use of patients in hospitals, and employees in isolated installations; (4) provide for the preparation, shipment, installation, and display of exhibits, photographic displays, moving pictures and other visual educational information and descriptive material; and (5) 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. For the purposes of paragraph (4) of this subsection, the Administrator may purchase or rent equipment. (b) The Administrator, upon determining that an emergency situation exists and that such action is necessary for the effective conduct of the affairs of the Veterans' Administration, may utilize 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. The Administrator shall establish reasonable rates to cover the cost of the service rendered, and all proceeds collected therefrom shall be applied to the applicable appropriation. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1116; Pub. L. 87-574, Sec. 1(1), Aug. 6, 1962, 76 Stat. 308; Pub. L. 89-785, title III, Sec. 303(a), (b), Nov. 7, 1966, 80 Stat. 1376, 1377; Pub. L. 99-576, title VII, Sec. 701(14), 702(2), Oct. 28, 1986, 100 Stat. 3291, 3301.) -MISC1- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-576, Sec. 701(14)(A), 702(2), substituted 'as the Administrator' for 'as he' in introductory text and 'paragraph (4) of this subsection' for 'subparagraph (4)' in last sentence. Subsec. (b). Pub. L. 99-576, Sec. 701(14)(B), substituted 'upon determining' for 'when he determines'. 1966 - Pub. L. 89-785 inserted '; emergency transportation of employees' in section catchline, designated existing provisions as subsec. (a), and added subsec. (b). 1962 - Pub. L. 87-574 inserted '; personal property' in section catchline and added subpar. (5). ------DocID 42722 Document 76 of 965------ -CITE- 38 USC Sec. 234 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER III -HEAD- Sec. 234. Telephone service for medical officers and facility directors -STATUTE- The Administrator may pay for official telephone service and rental in the field whenever incurred in case of official telephones for nonmedical directors of centers, hospitals, independent clinics, domiciliaries, and medical officers of the Veterans' Administration where such telephones are installed in private residences or private apartments or quarters, when authorized under regulations established by the Administrator. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1117; Pub. L. 93-82, title IV, Sec. 402(a), (c), Aug. 2, 1973, 87 Stat. 196.) -MISC1- AMENDMENTS 1973 - Pub. L. 93-82 inserted 'and facility directors' in section catchline and authorized payment of telephone bills of nonmedical directors of centers, hospitals, independent clinics, and domiciliaries also. EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501 of Pub. L. 93-82, set out as a note under section 601 of this title. ------DocID 42723 Document 77 of 965------ -CITE- 38 USC Sec. 235 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER III -HEAD- Sec. 235. Benefits to employees at overseas offices who are United States citizens -STATUTE- (a) The Administrator may, under such rules and regulations as may be prescribed by the President or the President's designee, provide to personnel of the Veterans' Administration who are United States citizens and are assigned by the Administrator to the Veterans' Administration 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 Service (FOOTNOTE 1) 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). (FOOTNOTE 1) So in original. (6) Section 5724a(a)(3) of title 5 (relating to subsistence expenses for 30 days in connection with the return to the United States of the employee and such employee's immediate family). (7) Section 5724a(a)(4) 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) of this section supplements, but is not in lieu of, other allowances and benefits for overseas employees of the Veterans' Administration provided by title 5 and the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.). -SOURCE- (Added Pub. L. 86-116, Sec. 1, July 28, 1959, 73 Stat. 265, and amended Pub. L. 87-815, Sec. 6, Oct. 15, 1962, 76 Stat. 927; Pub. L. 89-300, Sec. 1(c), Oct. 28, 1965, 79 Stat. 1110; Pub. L. 96-22, title V, Sec. 503(b), (c)(1), June 13, 1979, 93 Stat. 65; Pub. L. 96-465, title II, Sec. 2206(g), Oct. 17, 1980, 94 Stat. 2163; Pub. L. 99-576, title VII, Sec. 701(15), 702(3), Oct. 28, 1986, 100 Stat. 3291, 3301.) -REFTEXT- REFERENCES IN TEXT The Foreign Service Act of 1980, referred to in subsecs. (a)(1)-(5) and (b), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is classified principally to chapter 52 (Sec. 3901 et seq.) of Title 22, Foreign Relations and Intercourse. Sections 901, 903, 904(d), and 905 of the Foreign Service Act of 1980 are classified to sections 4081, 4083, 4084(d), and 4085, respectively of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Tables. -MISC2- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-576, Sec. 702(3)(A), (B), designated first sentence of existing provisions as subsec. (a), substituted 'or the President's' for 'or his', and further indented pars. (1) to (7). Subsec. (a)(5). Pub. L. 99-576, Sec. 702(3)(C), inserted 'Service' after 'Foreign'. Subsec. (b). Pub. L. 99-576, Sec. 702(3)(D), (E), designated second sentence of existing provisions as subsec. (b), and substituted 'The authority in subsection (a) of this section' for 'The foregoing authority' and 'title 5 and the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.)' for 'titles 5 and 22'. 1980 - Par. (1). Pub. L. 96-465, Sec. 2206(g)(1), substituted 'Section 905 of the Foreign Service Act of 1980' for 'Section 1131 of title 22'. Par. (2). Pub. L. 96-465, Sec. 2206(g)(2), substituted 'Sections 901(1), (2), (3), (4), (7), (8), (9), (11), and (12) of the Foreign Service Act of 1980' for 'Section 1136(1), (2), (3), (4), (5), (7), and (11) of title 22'. Par. (3). Pub. L. 96-465, Sec. 2206(g)(3), substituted 'Section 901(13) of the Foreign Service Act of 1980' for 'Section 1138 of title 22'. Par. (4). Pub. L. 96-465, Sec. 2206(g)(4), substituted 'Section 903 of the Foreign Service Act of 1980' for 'Section 1148 of title 22'. Par. (5). Pub. L. 96-465, Sec. 2206(g)(5), substituted 'Section 904(d) of the Foreign Service Act of 1980' for 'Section 1156 of title 22'. 1979 - Pub. L. 96-22 substituted 'overseas' for 'oversea' in section catchline, struck out 'or to the Veterans' Administration office in Europe, established pursuant to section 230(c) of this title,' after 'Republic of the Philippines' in provisions preceding par. (1), substituted '(7), and (11)' for 'and (7)' in par. (2), and added pars. (6) and (7). 1965 - Pub. L. 89-300 redesignated former subsec. (a) as entire section, struck out references to repealed or superseded sections of the Foreign Service Act of 1946, restated the current applicable references in terms of United States Code citations, inserted sentence providing that the foregoing authority supplements, but is not in lieu of, other allowances and benefits for overseas employees of the Veterans' Administration provided by Titles 5 and 22, and omitted former subsec. (b) which permitted overseas employees of the Veterans' Administration to be granted leaves of absence in the United States similar to that provided by section 203(f) of the Annual and Sick Leave Act of 1951. 1962 - Pub. L. 87-815 inserted 'or to the Veterans' Administration office established in Europe pursuant to section 230(c) of this title' in two places, and substituted 'at oversea offices' for 'in the Republic of the Philippines' in section catchline. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96-465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1979 AMENDMENT Section 503(d) of Pub. L. 96-22 provided that: 'The amendment made by subsection (b)(3) (amending this section) shall take effect on October 1, 1979.' SAVINGS PROVISION Section 1(d) of Pub. L. 89-300 provided that: 'All delegations of authority, orders, regulations, directives, or other official actions, with respect to the benefits and allowances provided by such section 235 of title 38, United States Code, shall continue in full force and effect until modified, amended, superseded, or revoked.' -EXEC- EX. ORD. NO. 12228. ALLOWANCES FOR PERSONNEL ON FOREIGN DUTY Ex. Ord. No. 12228, July 24, 1980, 45 F.R. 49903, as amended by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided: By the authority vested in me as President of the United States of America by Sections 7 and 8 of the Defense Department Overseas Teachers Pay and Personnel Practices Act of 1959, as amended (20 U.S.C. 905-906), Section 235 of Title 38 of the United States Code, and Section 301 of Title 3 of the United States Code, and in order to delegate authority with respect to allowances for Veterans Administration personnel and to update existing authorities, it is hereby ordered as follows: 1-101. Payment of the additional compensation authorized by Section 8(a)(2) of the Defense Department Overseas Teachers Pay and Personnel Practices Act of 1959, as amended, shall be governed by the regulations contained in Executive Order No. 10000, as amended (set out as a note under section 5941 of Title 5, Government Organization and Employees), which govern the payment of additional compensation in foreign areas (referred to as foreign post differential), subject to the provisions of Section 8(b) of that Act (20 U.S.C. 906(a)(2) and (b)). 1-102. The following functions vested in the President are delegated to the Secretary of State: (a) That part of the functions in Section 7(a) of the Defense Department Overseas Teachers Pay and Personnel Practices Act which consists of the authority to prescribe regulations relating to quarters and quarters allowances (20 U.S.C. 905(a)). (b) The authority in Section 8(a)(1) of the Defense Department Overseas Teachers Pay and Personnel Practices Act to prescribe regulations relating to cost of living allowances (20 U.S.C. 906(a)(1)). (c) The following authority in Section 235 of Title 38 of the United States Code to prescribe rules and regulations: (1) Section 235(2), except as that section pertains to an allowance similar to that provided for in Section 901(6) of the Foreign Service Act of 1980 (22 U.S.C. 4081(6)); (2) Section 235(3); (3) Section 235(5); (4) Section 235(6); and (5) Section 235(7). 1-103. The following functions vested in the President by Section 235 of Title 38 of the United States Code are delegated to the Administrator of the Veterans Administration. The authority with respect to the allowances or benefits of paragraphs (1) and (4) of Section 235 which are similar to the benefits and allowances provided in the sections of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), designated in those paragraphs. 1-104. Executive Order No. 10853, as amended, is revoked. The rules and regulations which were prescribed by the Secretary of State or the Administrator of the Veterans Administration pursuant to Executive Order No. 10853, as amended, and which would be valid if issued pursuant to this Order, shall be deemed to have been issued under this Order. ------DocID 42724 Document 78 of 965------ -CITE- 38 USC Sec. 236 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER III -HEAD- Sec. 236. Administrative settlement of tort claims arising in foreign countries -STATUTE- The Administrator 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 Veterans' Administration operations abroad. A claim may not be allowed under this section unless it is presented in writing to the Administrator or the Administrator's designee within two years after the claim accrues. -SOURCE- (Added Pub. L. 89-300, Sec. 1(a), Oct. 28, 1965, 79 Stat. 1110, and amended Pub. L. 99-576, title VII, Sec. 701(16), Oct. 28, 1986, 100 Stat. 3292.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-576 substituted 'the Administrator's' for 'his'. ------DocID 42725 Document 79 of 965------ -CITE- 38 USC SUBCHAPTER IV -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - VETERANS OUTREACH SERVICES PROGRAM -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 1685, 2003 of this title; title 29 section 1721. ------DocID 42726 Document 80 of 965------ -CITE- 38 USC Sec. 240 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER IV -HEAD- Sec. 240. Purpose; definitions -STATUTE- (a) The Congress declares that the outreach services program authorized by this subchapter is for the purpose of insuring 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 Veterans' Administration 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 Veterans' Administration 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' shall include 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 an 'eligible person' as defined in section 1701(a)(1) of this title. -SOURCE- (Added Pub. L. 91-219, title II, Sec. 214(a), Mar. 26, 1970, 84 Stat. 84, and amended Pub. L. 92-540, title IV, Sec. 410(a), Oct. 24, 1972, 86 Stat. 1092.) -MISC1- AMENDMENTS 1972 - Subsec. (a). Pub. L. 92-540 inserted 'and encourage' after 'aid'. ------DocID 42727 Document 81 of 965------ -CITE- 38 USC Sec. 241 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER IV -HEAD- Sec. 241. Outreach services -STATUTE- The Administrator shall provide the following outreach services in carrying out the purposes of this subchapter (including the provision, to the maximum feasible extent, of such services, in areas where a significant number of eligible veterans and eligible dependents speak a language other than English as their principal language, in the principal language of such persons): (1) The Administrator 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 thereafter, of all benefits and services under laws administered by the Veterans' Administration for which the veteran may be eligible. In carrying out this paragraph, the Administrator shall insure, through the utilization of veteran-student services under section 1685 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. (2) The Administrator 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 Veterans' Administration and may, to the extent feasible, distribute information on other governmental programs (including manpower and training programs) which the Administrator determines would be beneficial to veterans. (3) The Administrator shall provide, to the maximum extent possible, aid and assistance (including personal interviews) to members of the Armed Forces, veterans, and eligible dependents in respect to paragraphs (1) and (2) of this section and in the preparation and presentation of claims under laws administered by the Veterans' Administration. -SOURCE- (Added Pub. L. 91-219, title II, Sec. 214(a), Mar. 26, 1970, 84 Stat. 84, and amended Pub. L. 92-540, title IV, Sec. 410(b), Oct. 24, 1972, 86 Stat. 1092; Pub. L. 93-508, title II, Sec. 214(1), (2), Dec. 3, 1974, 88 Stat. 1587; Pub. L. 99-576, title VII, Sec. 701(17), 702(4), Oct. 28, 1986, 100 Stat. 3292, 3301.) -MISC1- AMENDMENTS 1986 - Par. (1). Pub. L. 99-576, Sec. 701(17)(A), 702(4)(A)-(C), inserted 'The Administrator shall', and substituted 'the veteran's' for 'his', 'eligible. In carrying' for 'eligible and, in carrying', and a period for a semicolon at end. Par. (2). Pub. L. 99-576, Sec. 701(17)(B), 702(4)(D), (E), inserted 'The Administrator shall', and substituted 'which the Administrator' for 'which he' and a period for '; and' at end. Par. (3). Pub. L. 99-576, Sec. 702(4)(F), (G), inserted 'The Administrator shall', and substituted 'paragraphs (1) and (2) of this section' for 'clauses (1) and (2) above'. 1974 - Pub. L. 93-508 in provisions preceding par. (1), substituted 'following outreach services in carrying out the purposes of this subchapter (including the provision, to the maximum feasible extent, of such services, in areas where a significant number of eligible dependents speak a language other than English as their principal language, in the principal language of such persons)' for 'following outreach services', and in par. (2), substituted 'distribute full information to eligible veterans and eligible dependents' for 'distribute full information'. 1972 - Pub. L. 92-540 in par. (1) substituted provisions relating to the Administrator making contact, in person or by telephone through the utilization of veteran-student services under section 1685 of this title, 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, for provisions relating to the Administrator giving priority to so advising such veterans. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section 503 of Pub. L. 93-508, set out as a note under section 1652 of this title. INFORMATION TO ASSIST VETERANS RECEIVING EDUCATION BENEFITS Pub. L. 101-237, title IV, Sec. 421, Dec. 18, 1989, 103 Stat. 2088, provided that: '(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.' OUTREACH SERVICES Pub. L. 100-687, div. B, title XII, Sec. 1204, Nov. 18, 1988, 102 Stat. 4125, provided that: '(a) Ongoing Outreach Program. - The Administrator 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 - '(1) 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, as such information on health risks becomes known; and '(2) services and benefits available to such veterans with respect to such health risks. '(b) Information in Agent Orange Registry. - The Administrator shall take reasonable actions to organize and update the information contained in the Veterans' Administration Agent Orange Registry in a manner that enables the Administrator 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 Vietnam-era service in the Republic of Vietnam whenever the Administrator determines, on the basis of physical examination or other pertinent information, that such veteran is subject to such an increased health risk.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2014 of this title. ------DocID 42728 Document 82 of 965------ -CITE- 38 USC Sec. 242 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER IV -HEAD- Sec. 242. Veterans assistance offices -STATUTE- (a) The Administrator shall establish and maintain veterans assistance offices at such places throughout the United States and its territories and possessions, and the Commonwealth of Puerto Rico, as the Administrator determines to be necessary to carry out the purposes of this subchapter, with due regard for the geographical distribution of veterans recently discharged or released from active military, naval, or air service, the special needs of educationally disadvantaged veterans (including their need for accessibility of outreach services), and the necessity of providing appropriate outreach services in less populated areas. (b) The Administrator 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. -SOURCE- (Added Pub. L. 91-219, title II, Sec. 214(a), Mar. 26, 1970, 84 Stat. 85, and amended Pub. L. 93-508, title II, Sec. 214(3), Dec. 3, 1974, 88 Stat. 1587; Pub. L. 99-576, title VII, Sec. 701(18), Oct. 28, 1986, 100 Stat. 3292.) -MISC1- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-576 substituted 'as the Administrator' for 'as he'. 1974 - Subsec. (b). Pub. L. 93-508 substituted 'shall establish and carry out all possible programs and services, including special telephone facilities,' for 'may implement such special telephone service'. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section 503 of Pub. L. 93-508, set out as a note under section 1652 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2003A of this title. ------DocID 42729 Document 83 of 965------ -CITE- 38 USC Sec. 243 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER IV -HEAD- Sec. 243. Outstationing of counseling and outreach personnel -STATUTE- The Administrator may station employees of the Veterans' Administration at locations other than Veterans' Administration offices, including educational institutions, to provide counseling and other assistance regarding benefits under this title to veterans and other persons eligible for benefits under this title and to provide outreach services under this subchapter. -SOURCE- (Added Pub. L. 93-508, title II, Sec. 214(4), Dec. 3, 1974, 88 Stat. 1587, and amended Pub. L. 97-295, Sec. 4(7), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 97-306, title II, Sec. 201(a), Oct. 14, 1982, 96 Stat. 1433.) -MISC1- AMENDMENTS 1982 - Pub. L. 97-306 substituted provisions authorizing the Administrator to outstation counseling and outreach personnel for provisions directing the Administrator to station such personnel in certain educational institutions, establishing preferences in choosing such personnel, defining their functions, and directing and guiding the establishment of rules and procedures by the Administrator. Subsec. (a)(3)(E). Pub. L. 97-295 substituted '(20 U.S.C. 1070e-1)' for ', as amended'. EFFECTIVE DATE Section effective Dec. 3, 1974, see section 503 of Pub. L. 93-508, set out as an Effective Date of 1974 Amendment note under section 1652 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2014 of this title. ------DocID 42730 Document 84 of 965------ -CITE- 38 USC Sec. 244 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER IV -HEAD- Sec. 244. Utilization of other agencies -STATUTE- In carrying out the purposes of this subchapter, the Administrator shall - (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, to include where possible, arrangements for outstationing the State employment personnel who provide such assistance at appropriate facilities of the Veterans' Administration; (2) in consultation with the Secretary of Labor, actively seek to promote the development and establishment of employment, training, 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 Administrator's discretion, furnish available space and office facilities for the use of authorized representatives of such governmental unit or other organization providing services; and (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. -SOURCE- (Added Pub. L. 91-219, title II, Sec. 214(a), Mar. 26, 1970, 84 Stat. 85, Sec. 243, renumbered Sec. 244, and amended Pub. L. 93-508, title II, Sec. 214(4), (5), Dec. 3, 1974, 88 Stat. 1587, 1588; Pub. L. 96-466, title V, Sec. 501, Oct. 17, 1980, 94 Stat. 2202; Pub. L. 99-576, title VII, Sec. 701(19), Oct. 28, 1986, 100 Stat. 3292.) -MISC1- AMENDMENTS 1986 - Par. (5). Pub. L. 99-576 substituted 'the Administrator's' for 'his'. 1980 - Pub. L. 96-466 added par. (2) and redesignated former pars. (2) to (5) as (3) to (6), respectively. 1974 - Pub. L. 93-508, Sec. 214(5), in provisions preceding par. (1), substituted 'the Administrator shall' for 'the Administrator may', and in par. (5), substituted 'conduct and provide for studies in' for 'conduct studies in'. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section 802(e) of Pub. L. 96-466, set out as a note under section 2001 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section 503 of Pub. L. 93-508, set out as a note under section 1652 of this title. ------DocID 42731 Document 85 of 965------ -CITE- 38 USC Sec. 245 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER IV -HEAD- Sec. 245. Report to Congress -STATUTE- The Administrator shall include in the annual report to the Congress required by section 214 of this title a report on the activities carried out under this subchapter, each report to include an appraisal of the effectiveness of the programs authorized herein and recommendations for the improvement or more effective administration of such programs. -SOURCE- (Added Pub. L. 91-219, title II, Sec. 214(a), Mar. 26, 1970, 84 Stat. 85, Sec. 244, renumbered Sec. 245, Pub. L. 93-508, title II, Sec. 214(4), Dec. 3, 1974, 88 Stat. 1587.) ------DocID 42732 Document 86 of 965------ -CITE- 38 USC Sec. 246 -EXPCITE- TITLE 38 PART I CHAPTER 3 SUBCHAPTER IV -HEAD- Sec. 246. Veterans cost-of-instruction payments to institutions of higher learning -STATUTE- (a)(1) During the period beginning on July 1, 1972, and ending on September 30, 1979, each institution of higher learning shall be entitled to a payment under, and in accordance with, this section during any fiscal year if - (A) the number of persons who are veterans receiving vocational rehabilitation under chapter 31 of this title or veterans receiving educational assistance under chapter 34 of this title, and who are in attendance as undergraduate students at such institution during any academic year, equals at least - (i) 110 percent of the number of such recipients who were in attendance at such institution during the preceding academic year, or (ii) 10 percent of the total number of undergraduate students in attendance at such institution during such academic year and if such number does not constitute a percent of such undergraduate students which is less than such percent for the preceding academic year; and (B) the number of such persons is at least 25. (2) During the period specified in paragraph (1) of this subsection, each institution which has qualified for a payment under this section for any fiscal year shall be entitled during the succeeding year, notwithstanding such paragraph (1), to a payment under and in accordance with this section, if the number of persons referred to in such paragraph (1) equals at least the number of such persons who were in attendance at such institution during the preceding academic year or equals at least the minimum number of such persons necessary to establish eligibility to entitlement under such paragraph (1) during the preceding academic year, whichever is the lesser. Each institution which is entitled to a payment for any fiscal year by reason of the preceding sentence shall be deemed, for the purposes of any such year succeeding the year for which it is so entitled, to have been entitled to a payment under such paragraph (1) during the preceding fiscal year. (3) With respect to any academic year beginning on or after July 1, 1978, and ending on or before September 30, 1980, each institution which has qualified for payment under this section for the preceding year shall be entitled during such period, notwithstanding the provisions of paragraph (1)(A), to a payment under this section if - (A) the number of persons referred to in paragraph (1) equals at least the number which bears the same ratio to the number of such recipients who were in attendance at such institution during the first academic year in which the institution was entitled to payments under this section as the number of such recipients in all institutions of higher learning during the same academic year for which the determination is made bears to the number of such recipients in all institutions of higher learning for the first such academic year; or (B) in the event that clause (A) of this paragraph is not satisfied, the Administrator determines, on the basis of evidence presented by such institution, that such institution is making reasonable efforts, taking into consideration the extent to which the number of persons referred to in such paragraph (1) falls short of meeting the ratio criterion set forth in such clause (A), to continue to recruit, enroll, and provide necessary services to veterans. (b)(1) The amount of the payment to which any institution shall be entitled under this section for any fiscal year shall be - (A) $300 for each veteran receiving vocational rehabilitation under chapter 31 of this title, or educational assistance under chapter 34 of this title, who is in attendance at such institution as an undergraduate student during such year; and (B) in addition, $150, except in the case of a veteran on behalf of whom the institution has received a payment in excess of $150 under section 419 (FOOTNOTE 1) of the Higher Education Act of 1965 (20 U.S.C. 1070e) for each veteran who has been the recipient of educational assistance under subchapter V or subchapter VI of chapter 34 of this title and who is in attendance at such institution as an undergraduate student during such year. (FOOTNOTE 1) See References in Text note below. (2) In any case where a veteran on behalf of whom a payment is made under this section is enrolled in an institution on less than a full-time basis, the amount of the payment on behalf of such veteran shall be reduced in proportion to the degree to which such veteran is not enrolled on a full-time basis. (c)(1) An institution of higher education shall be eligible to receive the payment to which it is entitled under this section only if it makes application therefor to the Administrator. An application under this section shall be submitted at such time or times, in such manner, in such form, and containing such information as the Administrator determines necessary to carry out the functions assigned to the Administrator under this section, and shall - (A) meet the requirements set forth in clauses (A) and (B) of section 419(c)(1) (FOOTNOTE 1) of the Higher Education Act of 1965 (20 U.S.C. 1070e(c)(1)); (B) set forth such plans, policies, assurances, and procedures as will ensure that the applicant will make an adequate effort - (i) to maintain a full-time office of veterans' affairs which has responsibility for veterans' outreach, recruitment, and special education programs, including the provisions of educational, vocational, and personal counseling for veterans, (ii) to carry out programs designed to prepare educationally disadvantaged veterans for postsecondary education (I) under subchapter V of chapter 34 of this title, and (II) in the case of any institution located near a military installation, under subchapter VI of such chapter 34, (iii) to carry out active outreach (with special emphasis on educationally disadvantaged veterans), recruiting, and counseling activities through the use of funds available under federally-assisted work-study program (with special emphasis on the veteran-student services program under section 1685 of this title), and (iv) to carry out an active tutorial assistance program (including dissemination of information regarding such program) in order to make maximum use of the benefits available under section 1692 of this title. Notwithstanding clause (B) of the preceding sentence, an institution with less than 2,500 students in attendance which the Administrator determines, in accordance with regulations jointly prescribed by the Administrator and the Secretary of Education, cannot feasibly itself carry out any or all of the programs set forth in subclauses (i) through (iv) of clause (B) of the preceding sentence, may carry out such program or programs through a consortium agreement with one or more other institutions of higher education, and shall be required to carry out such programs only to the extent that the Administrator determines, in accordance with regulations jointly prescribed by the Administrator and the Secretary of Education, is appropriate in terms of the number of veterans in attendance at such institution. The adequacy of efforts to meet the requirements of such clause (B) shall be determined by the Administrator, in consultation with the Secretary of Education, based upon criteria established in regulations jointly prescribed by them. (2) The Administrator shall not approve an application under this subsection unless the Administrator determines that the applicant will implement the requirements of clause (B) of paragraph (1) of this subsection within the first academic year during which such institution receives a payment under this section. (d)(1) The Administrator shall pay to each institution of higher learning which has had an application approved under subsection (c) of this section the amount to which it is entitled under this section. Payments under this subsection shall be made in not less than three installments during each academic year and shall be based on the actual number of veterans on behalf of whom such payments are made in attendance at the institution at the time of the payment. (2) The maximum amount of payments to any institution of higher learning, or any branch thereof which is located in a community which is different from that in which the parent institution thereof is located, in any fiscal year, shall be $135,000. In making payments under this section for any fiscal year, the Administrator shall apportion the appropriation for making such payments, from funds which become available as a result of the limitation on payments set forth in the preceding sentence, in such a manner as will result in the receipt by each institution which is eligible for a payment under this section of first $9,000 (or the amount of its entitlement for that fiscal year, whichever is the lesser) and then additional amounts up to the limitation set forth in the preceding sentence. (e) Not less than 75 percent of the amounts paid to any institution under subsection (d) of this section in any fiscal year shall be used to implement the requirement of clause (B)(i) of paragraph (1) of subsection (c) of this section, and, to the extent that such funds remain after implementing such requirements, funds limited by such 75 percent requirement shall be used for implementing the requirements of clauses (B)(ii), (iii), and (iv) of such paragraph (1), except that the Administrator may, in accordance with criteria established in regulations jointly prescribed by the Administrator and the Secretary of Education, waive the requirement of this subsection to the extent that the Administrator finds that such institution is adequately carrying out all such requirements without the necessity for such application of such amount of the payments received under this subsection. (f) The Administrator, in carrying out the provisions of this section, shall seek to assure the coordination of programs assisted under this section with programs carried out by the Secretary of Education pursuant to the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), and the Secretary shall provide all assistance, technical consultation, and information otherwise authorized by law as necessary to promote the maximum effectiveness of the activities and programs assisted under this section. (g) The program provided for in this section shall be administered by an identifiable administrative unit in the Veterans' Administration. -SOURCE- (Added Pub. L. 95-202, title III, Sec. 310(b)(1), Nov. 23, 1977, 91 Stat. 1446, and amended Pub. L. 95-336, Sec. 6(b), Aug. 4, 1978, 92 Stat. 453; Pub. L. 97-295, Sec. 4(8), Oct. 12, 1982, 96 Stat. 1305.) -REFTEXT- REFERENCES IN TEXT Subchapter VI of chapter 34 of this title, referred to in subsecs. (b)(1)(B) and (c)(1)(B)(ii), was repealed by Pub. L. 96-466, title VI, Sec. 601(a)(1), Oct. 17, 1980, 94 Stat. 2208. The Higher Education Act of 1965, referred to in subsecs. (b)(1)(B), (c)(1)(A), and (f), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is classified principally to chapter 28 (Sec. 1001 et seq.) of Title 20, Education. Section 419 of the Act was renumbered section 420 by Pub. L. 98-558, title VIII, Sec. 801(b)(1), Oct. 30, 1984, 98 Stat. 2902, and was classified to section 1070e of Title 20. Section 420 of the Act was subsequently omitted in the general revision of part A of title IV of the Act by Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1308, and a new section 420 was added and is classified to section 1070e of Title 20. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. -MISC2- AMENDMENTS 1982 - Subsec. (a)(1)(A)(i), (ii). Pub. L. 97-295, Sec. 4(8)(A), substituted 'percent' for 'per centum' wherever appearing. Subsec. (b)(1)(B). Pub. L. 97-295, Sec. 4(8)(C), inserted '(20 U.S.C. 1070e)' after 'Act of 1965'. Subsec. (c)(1). Pub. L. 97-295, Sec. 4(8)(B), (D), inserted '(20 U.S.C. 1070e(c)(1))' after 'Act of 1965' in cl. (A), and substituted 'Secretary of Education' for 'Commissioner of Education, Department of Health, Education, and Welfare' and 'Commissioner of Education', wherever appearing in provisions following cl. (B). Subsec. (e). Pub. L. 97-295, Sec. 4(8)(A), (B), substituted 'percent' for 'per centum' wherever appearing, and substituted 'Secretary of Education' for 'Commissioner of Education'. Subsec. (f). Pub. L. 97-295, Sec. 4(8)(B), (E), substituted 'Secretary of Education' for 'Commissioner of Education', inserted '(20 U.S.C. 1001 et seq.)' after 'Act of 1965', and substituted 'the Secretary shall' for 'the Commissioner shall'. 1978 - Subsec. (a)(3). Pub. L. 95-336 added par. (3). EFFECTIVE DATE OF 1978 AMENDMENT Section 6(c) of Pub. L. 95-336 provided that: 'The amendments made by this section (amending this section and section 1070e-1 of Title 20, Education) shall be effective with respect to payments to which institutions are entitled as of June 30, 1978.' EFFECTIVE DATE Section 310(b) of Pub. L. 95-202, as amended by section 301 of Pub. L. 96-88, provided in part that this section is effective on the date on which the Secretary of Education transfers to the Administrator of Veterans' Affairs, under the authority of section 310(a) of Pub. L. 95-202 (set out as a note below), all functions, powers, and duties assigned to the Secretary under section 420 (renumbered 420A) of the Higher Education Act of 1965 (see Prior Provisions note set out under section 1070e-1 of Title 20, Education) and that such section is superseded as of that date. TRANSFER OF VETERANS' COST-OF-INSTRUCTION PROGRAM FROM SECRETARY OF EDUCATION Section 310(a) of Pub. L. 95-202, as amended by section 301 of Pub. L. 96-88, provided that: 'Notwithstanding any other provision of law, (1) the Administrator of Veterans' Affairs is authorized to administer, pursuant to an interagency agreement, the programs carried out under the provisions of section 420 (renumbered 420A) of the Higher Education Act of 1965 (section 1070e-1 of Title 20, Education); (2) the Secretary is authorized to enter into such interagency agreement to transfer to the Administrator the functions, powers, and duties of the Secretary under such section; and (3) pursuant to any such agreement, funds appropriated to the Department of Education for the purpose of carrying out such section shall be transferred from the Department to the Veterans' Administration for use for the purposes for which such funds are authorized and appropriated. Any such agreement shall provide, for such period of time as may be agreed upon by the Secretary and the Administrator, for such appropriate technical and support assistance by the Secretary as the Secretary and the Administrator agree are necessary to facilitate the implementation of this section (enacting this section and provisions set out as an Effective Date note above).' ------DocID 42733 Document 87 of 965------ -CITE- 38 USC PART II -EXPCITE- TITLE 38 PART II -HEAD- PART II - GENERAL BENEFITS -MISC1- Chap. Sec. 11. Compensation for Service-Connected Disability or Death 301 13. Dependency and Indemnity Compensation for Service-Connected Deaths 401 15. Pension for Non-Service-Connected Disability or Death or for Service 501 17. Hospital, Nursing Home, Domiciliary, and Medical Care 601 19. Insurance 701 21. Specially Adapted Housing for Disabled Veterans 801 23. Burial Benefits 901 24. National cemeteries and memorials 1000 AMENDMENTS 1976 - Pub. L. 94-581, title II, Sec. 203(a), Oct. 21, 1976, 90 Stat. 2856, inserted 'Nursing Home,' in item for chapter 17. 1973 - Pub. L. 93-43, Sec. 2(b), June 18, 1973, 87 Stat. 78, added item for chapter 24. -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in title 42 section 3013. ------DocID 42734 Document 88 of 965------ -CITE- 38 USC CHAPTER 11 -EXPCITE- TITLE 38 PART II CHAPTER 11 -HEAD- CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH -MISC1- SUBCHAPTER I - GENERAL Sec. 301. Definitions. 302. Special provisions relating to surviving spouses. SUBCHAPTER II - WARTIME DISABILITY COMPENSATION 310. Basic entitlement. 311. Presumption of sound condition. 312. Presumptions relating to certain diseases and disabilities. 313. Presumptions rebuttable. 314. Rates of wartime disability compensation. 315. Additional compensation for dependents. SUBCHAPTER III - WARTIME DEATH COMPENSATION 321. Basic entitlement. 322. Rates of wartime death compensation. SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION 331. Basic entitlement. 332. Presumption of sound condition. 333. Presumptions relating to certain diseases. 334. Rates of peacetime disability compensation. 335. Additional compensation for dependents. (336. Repealed.) 337. Wartime presumptions for certain veterans. SUBCHAPTER V - PEACETIME DEATH COMPENSATION 341. Basic entitlement. 342. Rates of peacetime death compensation. (343. Repealed.) SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS 351. Benefits for persons disabled by treatment or vocational rehabilitation. 352. Persons heretofore having a compensable status. 353. Aggravation. 354. Consideration to be accorded time, place, and circumstances of service. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 355. Authority for schedule for rating disabilities. (356. Repealed.) 357. Combination of certain ratings. 358. Disappearance. 359. Protection of service connection. 360. Special consideration for certain cases of loss of paired organs or extremities. 361. Payment of disability compensation in disability severance cases. 362. Clothing allowance. 363. Temporary program for trial work periods and vocational rehabilitation for certain veterans with total disability ratings. AMENDMENTS 1986 - Pub. L. 99-576, title I, Sec. 109(a)(2), Oct. 28, 1986, 100 Stat. 3253, amended item 360 generally, substituting 'loss of paired organs or extremities' for 'blindness or bilateral kidney involvement or bilateral deafness'. 1984 - Pub. L. 98-543, title I, Sec. 111(a)(2), Oct. 24, 1984, 98 Stat. 2739, added item 363. 1982 - Pub. L. 97-295, Sec. 4(9), Oct. 12, 1982, 96 Stat. 1305, added item 361. 1976 - Pub. L. 94-433, title IV, Sec. 401(1), 404(5), Sept. 30, 1976, 90 Stat. 1377, 1378, substituted 'surviving spouses' for 'widows' in item 302 and struck out item 356 'Minimum rating for arrested tuberculosis'. 1974 - Pub. L. 93-295, title II, Sec. 206(c), May 31, 1974, 88 Stat. 183, struck out item 343 'Conditions under which wartime rates payable'. 1972 - Pub. L. 92-328, title I, Sec. 103(b), 108(d), June 30, 1972, 86 Stat. 394, 396, struck out item 336 'Conditions under which wartime rates payable' and added item 362. 1970 - Pub. L. 91-376, Sec. 3(c), Aug. 12, 1970, 84 Stat. 789, inserted reference to disabilities in item 312. 1966 - Pub. L. 89-358, Sec. 7(b), Mar. 3, 1966, 80 Stat. 27, added item 337. 1965 - Pub. L. 89-311, Sec. 3(c), Oct. 31, 1965, 79 Stat. 1155, inserted reference to bilateral deafness in item 360. 1962 - Pub. L. 87-610, Sec. 2, Aug. 28, 1962, 76 Stat. 406, added item 360. 1960 - Pub. L. 86-501, Sec. 2, June 10, 1960, 74 Stat. 195, added item 359. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 106, 107, 410, 415, 612, 801, 1502, 1685, 1701, 1901, 2013, 3103A, 3110, 3117 of this title; title 10 sections 1086, 1437, 1446, 1450; title 26 section 6103; title 31 section 3803; title 42 section 6862. ------DocID 42735 Document 89 of 965------ -CITE- 38 USC SUBCHAPTER I -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL ------DocID 42736 Document 90 of 965------ -CITE- 38 USC Sec. 301 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 301. Definitions -STATUTE- 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) 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 Administrator 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 Administrator may add to this list. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1118; Pub. L. 94-433, title IV, Sec. 401(2), (3), 404(1), Sept. 30, 1976, 90 Stat. 1377, 1378; Pub. L. 98-160, title VII, Sec. 702(2), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 100-322, title III, Sec. 313, May 20, 1988, 102 Stat. 535.) -MISC1- AMENDMENTS 1988 - Par. (3). Pub. L. 100-322 inserted 'Lupus erythematosus, systemic' after 'Leukemia'. 1983 - Par. (3). Pub. L. 98-160 substituted a period for the semicolon at end of paragraph following 'may add to this list'. 1976 - Par. (2)(A), (B). Pub. L. 94-433, Sec. 404(1), substituted 'such veteran' for 'him' in subpars. (A) and (B). Par. (3). Pub. L. 94-433, Sec. 401(2), substituted 'Hansen's disease' for 'Leprosy'. Par. (4). Pub. L. 94-433, Sec. 401(3), inserted 'Hansen's disease' after 'Filiariasis' and struck out 'Leprosy' before 'Loiasis'. EFFECTIVE DATE OF 1976 AMENDMENT Section 406 of Pub. L. 94-433 provided that: 'The provisions of this Act (enacting section 908 of this title, amending this section and sections 302, 314, 315, 321, 322, 341, 351, 354, 358, 360 to 362, 402, 404, 410 to 414, 416, 421, 422, 423, 806, 1901, and 3012 of this title, and enacting provisions set out as notes under this section and sections 101, 314, and 410 of this title) shall become effective on October 1, 1976.' EFFECTIVE DATE OF FUTURE INCREASES Pub. L. 98-223, title I, Sec. 108, Mar. 2, 1984, 98 Stat. 40, provided that: 'It is the sense of the Congress that any increase provided by law to take effect after fiscal year 1984 in the rates of disability compensation and dependency and indemnity compensation payable under chapters 11 (Sec. 301 et seq.) and 13 (Sec. 401 et seq.), respectively, of title 38, United States Code, shall take effect on December 1 of the fiscal year involved and that the budgets for any such fiscal year include amounts to achieve such purpose.' (Section 108 of Pub. L. 98-223 effective Apr. 1, 1984, see section 107 of Pub. L. 98-223, set out as a note under section 314 of this title.) COST-OF-LIVING INCREASES IN COMPENSATION RATES Pub. L. 101-508, title VIII, Sec. 8005, Nov. 5, 1990, 104 Stat. 1388-343, provided that: '(a) Policy Regarding Fiscal Year 1991. - The fiscal year 1991 cost-of-living adjustments in the rates of compensation payable under chapter 11 of title 38, United States Code, and of the dependency and indemnity compensation payable under chapter 13 of such title will be no more than a 5.4 percent increase, with all increased monthly rates rounded down to the next lower dollar. The effective date for such adjustments will not be earlier than January 1, 1991. '(b) Increase Payable as of January 1992. - The amount of compensation or dependency and indemnity compensation payable to any individual for the month of January 1992 who is entitled to such benefits as of January 1, 1992, shall be increased for such month by the amount equal to the amount of the monthly increase provided for that individual's benefit level as of January 1, 1991, pursuant to the adjustments described in subsection (a).' BENEFITS AND SERVICES FOR FORMER PRISONERS OF WAR; IMPLEMENTATION OF PROGRAMS; RECORDS FOR DISPOSITION OF CLAIMS; DEFINITION Pub. L. 97-37, Sec. 6, Aug. 14, 1981, 95 Stat. 937, provided that: '(a) Not later than ninety days after the date of the enactment of this Act (Aug. 14, 1981) and at appropriate times thereafter, the Administrator shall, to the maximum extent feasible and in order to carry out the requirements of the veterans outreach services program under subchapter IV of chapter 3 of title 38, United States Code, seek out former prisoners of war and provide them with information regarding applicable changes in law, regulations, policies, guidelines, or other directives affecting the benefits and services to which former prisoners of war are entitled under such title by virtue of the amendments made by this Act (see Short Title of 1981 Amendment note set out under section 101 of this title). '(b)(1) The Administrator shall, for not less than the three-year period beginning ninety days after the date of the enactment of this Act (Aug. 14, 1981), maintain a centralized record showing all claims for benefits under chapter 11 of such title that are submitted by former prisoners of war and the disposition of such claims. '(2) Not later than ninety days after the end of the three-year period described in paragraph (1), the Administrator shall, after consulting with and receiving the views of the Advisory Committee on Former Prisoners of War required to be established pursuant to section 221 of such title, submit a report on the results of the disposition of claims described in such paragraph, together with any comments or recommendations that the Administrator may have, to the appropriate committees of Congress. The Administrator may also submit to such committees interim reports on such results. '(c) For the purposes of this section, the term 'former prisoner of war' has the meaning given such term in paragraph (32) of section 101 of title 38, United States Code (as added by section 3(a) of this Act).' STUDY ON DISABILITY COMPENSATION AND HEALTH-CARE NEEDS OF FORMER PRISONERS OF WAR; REPORT TO PRESIDENT AND CONGRESS Pub. L. 95-479, title III, Sec. 305, Oct. 18, 1978, 92 Stat. 1565, authorized the Administrator of Veterans' Affairs, in consultation with the Secretary of Defense, to carry out a comprehensive study of the disability compensation awarded to, and health care needs of veterans who are former prisoners of war and required submission of a report on the results of such study to the Congress and to the President not later than Feb. 1, 1980. AMPUTEES, CARDIOVASCULAR DISORDERS; STUDY Section 403 of Pub. L. 94-433 required Administrator to conduct a scientific study to determine if there is causal relationship between amputation of an extremity and subsequent development of cardiovascular disorders and to report to Speaker and President of Senate not later than June 30, 1977. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 sections 3501, 5532, 6303, 8332, 8411. ------DocID 42737 Document 91 of 965------ -CITE- 38 USC Sec. 302 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 302. Special provisions relating to surviving spouses -STATUTE- (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 Veterans' Administration in effect on December 31, 1957. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119; Pub. L. 86-491, June 8, 1960, 74 Stat. 161; Pub. L. 90-77, title I, Sec. 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-433, title IV, Sec. 404(2)-(4), Sept. 30, 1976, 90 Stat. 1378.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-433, Sec. 404(4), substituted 'surviving spouses' for 'widows' in section catchline. Subsec. (a). Pub. L. 94-433, Sec. 404(2), substituted 'surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran' for 'widow of a veteran under this chapter unless she was married to him'. Subsec. (b). Pub. L. 94-433, Sec. 404(3), substituted 'surviving spouse' for 'widow' in two places. 1967 - Subsec. (a)(2), (3). Pub. L. 90-77 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth. 1960 - Subsec. (a)(1). Pub. L. 86-491 substituted 'fifteen years' for 'ten years'. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90-77, set out as a note under section 101 of this title. ------DocID 42738 Document 92 of 965------ -CITE- 38 USC SUBCHAPTER II -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER II -HEAD- SUBCHAPTER II - WARTIME DISABILITY COMPENSATION -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 357 of this title; title 26 section 6334. ------DocID 42739 Document 93 of 965------ -CITE- 38 USC Sec. 310 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 310. Basic entitlement -STATUTE- 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 veteran's own willful misconduct or abuse of alcohol or drugs. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119; Pub. L. 101-508, title VIII, Sec. 8052(a)(2), Nov. 5, 1990, 104 Stat. 1388-351.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-508 substituted 'a result of the veteran's own willful misconduct or abuse of alcohol or drugs' for 'the result of the veteran's own willful misconduct'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-508 effective with respect to claims filed after Oct. 31, 1990, see section 8052(b) of Pub. L. 101-508, set out as a note under section 105 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 311, 312, 314 of this title. ------DocID 42740 Document 94 of 965------ -CITE- 38 USC Sec. 311 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 311. Presumption of sound condition -STATUTE- For the purposes of section 310 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 337 of this title. ------DocID 42741 Document 95 of 965------ -CITE- 38 USC Sec. 312 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 312. Presumptions relating to certain diseases and disabilities -STATUTE- (a) For the purposes of section 310 of this title, and subject to the provisions of section 313 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 310 of this title and subject to the provisions of section 313 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, (8) psychosis, (9) any of the anxiety states, (10) dysthymic disorder (or depressive neurosis), (11) organic residuals of frostbite, if the Administrator 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 310 of this title, and subject to the provisions of section 313 of this title, a disease specified in paragraph (2) of this subsection becoming manifest in a radiation-exposed veteran to a degree of 10 percent or more within the presumption period (as specified in paragraph (3) of this subsection) shall be considered to have been incurred in or aggravated during the veteran's service on active duty, 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) 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). (3) The presumption period for purposes of paragraph (1) of this subsection is the 40-year period beginning on the last date on which the veteran participated in a radiation-risk activity, except that such period shall be the 30-year period beginning on that date in the case of leukemia (other than chronic lymphocytic leukemia). (4) For the purposes of this subsection: (A) The term 'radiation-exposed veteran' means a veteran who, while serving on active duty, participated in a radiation-risk activity. (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. (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 Administrator) resulted in an opportunity for exposure to ionizing radiation comparable to that of veterans described in clause (ii) of this subparagraph. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120; Pub. L. 86-187, Aug. 25, 1959, 73 Stat. 418; Pub. L. 86-188, Aug. 25, 1959, 73 Stat. 418; Pub. L. 87-645, Sec. 3, Sept. 7, 1962, 76 Stat. 442; Pub. L. 91-376, Sec. 3(a), (b), Aug. 12, 1970, 84 Stat. 788, 789; Pub. L. 97-37, Sec. 4(a), Aug. 14, 1981, 95 Stat. 936; Pub. L. 98-223, title I, Sec. 101(c), 111, Mar. 2, 1984, 98 Stat. 38, 40; Pub. L. 99-576, title I, Sec. 108(a), Oct. 28, 1986, 100 Stat. 3252; Pub. L. 100-321, Sec. 2(a), May 20, 1988, 102 Stat. 485; Pub. L. 100-322, title III, Sec. 312, May 20, 1988, 102 Stat. 534.) -MISC1- AMENDMENTS 1988 - Subsec. (b)(13) to (15). Pub. L. 100-322 added pars. (13) to (15). Subsec. (c). Pub. L. 100-321 added subsec. (c). 1986 - Subsec. (b)(11), (12). Pub. L. 99-576 added pars. (11) and (12). 1984 - Subsec. (a)(1) to (5). Pub. L. 98-223, Sec. 101(c), substituted 'percent' for 'per centum'. Subsec. (b). Pub. L. 98-223, Sec. 111, added par. (10). Pub. L. 98-223, Sec. 101(c), substituted 'percent' for 'per centum' in provision following par. (10). 1981 - Subsecs. (b), (c). Pub. L. 97-37, Sec. 4(a)(1), (2), redesignated subsec. (c) as (b) and generally revised structure so as to include anxiety states as a listed disease, and exclude the enumerated armed conflicts and resulting treatment incurred. Former subsec. (b), relating to treatment as a prisoner of war as deemed in violation of the Geneva Conventions of 1929 and 1949, was struck out. 1970 - Pub. L. 91-376 inserted reference to disabilities in section catchline, designated existing provisions as subsec. (a), and added subsecs. (b) and (c). 1962 - Pub. L. 87-645 substituted 'seven years' for 'three years' in par. (4). 1959 - Pub. L. 86-188 inserted par. (5). Pub. L. 86-187 substituted 'three years' for 'two years' in par. (4). EFFECTIVE DATE OF 1988 AMENDMENT Section 2(b) of Pub. L. 100-321 provided that: 'Subsection (c) of section 312 of title 38, United States Code, as added by subsection (a), shall take effect on May 1, 1988.' EFFECTIVE DATE OF 1986 AMENDMENT Section 108(b) of Pub. L. 99-576 provided that: 'The amendments made by subsection (a) (amending this section) shall take effect as of October 1, 1986.' EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 101(c) of Pub. L. 98-223 effective Apr. 1, 1984, see section 107 of Pub. L. 98-223, set out as a note under section 314 of this title. Section 114 of Pub. L. 98-223 provided that: 'The amendments made by this part (part B (Sec. 111-114) of title I of Pub. L. 98-223, amending this section and sections 314 and 3011 of this title) shall take effect as of October 1, 1983.' EFFECTIVE DATE OF 1981 AMENDMENT Section 4(b) of Pub. L. 97-37 provided that: 'The amendments made by subsection (a) (amending this section) shall take effect on October 1, 1981.' EFFECTIVE DATE OF 1962 AMENDMENT Section 4 of Pub. L. 87-645 provided that: 'This Act (amending this section and sections 314 and 3203 of this title and enacting provisions set out as a note under section 314 of this title) shall take effect on the first day of the first calendar month which begins after the date of enactment of this Act (Sept. 7, 1962) but no payments shall be made by reason of this Act for any period before such effective date. The increased rate of compensation payable to any veteran entitled thereto on such first day shall be further increased, for such month only, in an amount equal to three times the monthly increase provided for such veteran by the amendments made by this Act.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 313, 337 of this title. ------DocID 42742 Document 96 of 965------ -CITE- 38 USC Sec. 313 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 313. Presumptions rebuttable -STATUTE- (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 within the purview of section 312 of this title, has been suffered between the date of separation from service and the onset of any such diseases, or the disability is due to the veteran's own willful misconduct, service-connection pursuant to section 312 of this title will not be in order. (b) Nothing in section 312 of this title or subsection (a) of 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 312, 337 of this title. ------DocID 42743 Document 97 of 965------ -CITE- 38 USC Sec. 314 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 314. Rates of wartime disability compensation -STATUTE- For the purposes of section 310 of this title - (a) if and while the disability is rated 10 percent the monthly compensation shall be $76; (b) if and while the disability is rated 20 percent the monthly compensation shall be $144; (c) if and while the disability is rated 30 percent the monthly compensation shall be $220; (d) if and while the disability is rated 40 percent the monthly compensation shall be $314; (e) if and while the disability is rated 50 percent the monthly compensation shall be $446; (f) if and while the disability is rated 60 percent the monthly compensation shall be $562; (g) if and while the disability is rated 70 percent the monthly compensation shall be $710; (h) if and while the disability is rated 80 percent the monthly compensation shall be $821; (i) if and while the disability is rated 90 percent the monthly compensation shall be $925; (j) if and while the disability is rated as total the monthly compensation shall be $1,537; (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, or has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, the rate of compensation therefor shall be $66 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 $1,911 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 $66 per month for each such loss or loss of use, but in no event to exceed $2,679 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 $1,911; (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 $2,107; (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 $2,397; (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 $2,679; (p) in the event the veteran's service-connected disabilities exceed the requirements for any of the rates prescribed in this section, the Administrator may allow the next higher rate or an intermediate rate, but in no event in excess of $2,679. 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 Administrator 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 Administrator shall allow the next intermediate rate, but in no event in excess of $2,679. 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 Administrator shall allow the next intermediate rate, but in no event in excess of $2,679. 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 Administrator shall allow the next higher rate or intermediate rate, but in no event in excess of $2,679. 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. Pub. L. 90-493, Sec. 4(a), Aug. 19, 1968, 82 Stat. 809.) (r) Subject to section 3203(e) of this title, if any veteran, otherwise entitled to compensation authorized under subsection (o) of this section, at the maximum rate authorized under subsection (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 attendance allowance at the rate of $1,150; 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 $1,713, in lieu of the allowance authorized in clause (1) of this subsection, if the Administrator 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 Veterans' Administration 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 334 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 $1,720. For the purpose 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120; Pub. L. 85-782, Sec. 2, Aug. 27, 1958, 72 Stat. 936; Pub. L. 86-663, Sec. 1, July 14, 1960, 74 Stat. 528; Pub. L. 87-645, Sec. 1(a), 2(a), Sept. 7, 1962, 76 Stat. 441; Pub. L. 88-20, Sec. 1, May 15, 1963, 77 Stat. 17; Pub. L. 88-22, Sec. 1, May 15, 1963, 77 Stat. 18; Pub. L. 89-311, Sec. 1(a), 3(d), (e), Oct. 31, 1965, 79 Stat. 1154, 1155; Pub. L. 90-77, title IV, Sec. 401, Aug. 31, 1967, 81 Stat. 190; Pub. L. 90-493, Sec. 1(a), 4(a), Aug. 19, 1968, 82 Stat. 808, 809; Pub. L. 91-376, Sec. 1(a), Aug. 12, 1970, 84 Stat. 787; Pub. L. 92-328, title I, Sec. 101(a), June 30, 1972, 86 Stat. 393; Pub. L. 93-295, title I, Sec. 101(a), May 31, 1974, 88 Stat. 181; Pub. L. 94-71, title I, Sec. 101(a), Aug. 5, 1975, 89 Stat. 395; Pub. L. 94-433, title I, Sec. 101(a), title IV, Sec. 401(4), (5), 404(6)-(8), Sept. 30, 1976, 90 Stat. 1374, 1377, 1378; Pub. L. 95-117, title I, Sec. 101(a), Oct. 3, 1977, 91 Stat. 1063; Pub. L. 95-479, title I, Sec. 101(a)-(d), Oct. 18, 1978, 92 Stat. 1560, 1561; Pub. L. 96-128, title I, Sec. 101(a), 104, 105, Nov. 28, 1979, 93 Stat. 982, 984; Pub. L. 96-385, title I, Sec. 101(a), Oct. 7, 1980, 94 Stat. 1528; Pub. L. 97-66, title I, Sec. 101(a), 104, Oct. 17, 1981, 95 Stat. 1026, 1027; Pub. L. 97-253, title IV, Sec. 404(a), 405(b), Sept. 8, 1982, 96 Stat. 803; Pub. L. 97-306, title I, Sec. 101(a), 107, 111(a), (b), Oct. 14, 1982, 96 Stat. 1429, 1431, 1432; Pub. L. 98-223, title I, Sec. 101(a), 112, Mar. 2, 1984, 98 Stat. 37, 40; Pub. L. 98-543, title I, Sec. 101(a), Oct. 24, 1984, 98 Stat. 2735; Pub. L. 99-238, title I, Sec. 101(a), Jan. 13, 1986, 99 Stat. 1765; Pub. L. 99-576, title I, Sec. 101(a), 109(b), Oct. 28, 1986, 100 Stat. 3250, 3253; Pub. L. 100-227, title I, Sec. 101(a), Dec. 31, 1987, 101 Stat. 1552; Pub. L. 100-687, div. B, title XI, Sec. 1101(a), Nov. 18, 1988, 102 Stat. 4123; Pub. L. 101-237, title I, Sec. 101(a), Dec. 18, 1989, 103 Stat. 2062.) -MISC1- AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-237, Sec. 101(a)(1), substituted '$76' for '$73'. Subsec. (b). Pub. L. 101-237, Sec. 101(a)(2), substituted '$144' for '$138'. Subsec. (c). Pub. L. 101-237, Sec. 101(a)(3), substituted '$220' for '$210'. Subsec. (d). Pub. L. 101-237, Sec. 101(a)(4), substituted '$314' for '$300'. Subsec. (e). Pub. L. 101-237, Sec. 101(a)(5), substituted '$446' for '$426'. Subsec. (f). Pub. L. 101-237, Sec. 101(a)(6), substituted '$562' for '$537'. Subsec. (g). Pub. L. 101-237, Sec. 101(a)(7), substituted '$710' for '$678'. Subsec. (h). Pub. L. 101-237, Sec. 101(a)(8), substituted '$821' for '$784'. Subsec. (i). Pub. L. 101-237, Sec. 101(a)(9), substituted '$925' for '$883'. Subsec. (j). Pub. L. 101-237, Sec. 101(a)(10), substituted '$1,537' for '$1,468'. Subsec. (k). Pub. L. 101-237, Sec. 101(a)(11), substituted '$66' for '$63' in two places and substituted '$1,911' and '$2,679' for '$1,825' and '$2,559', respectively. Subsec. (l). Pub. L. 101-237, Sec. 101(a)(12), substituted '$1,911' for '$1,825'. Subsec. (m). Pub. L. 101-237, Sec. 101(a)(13), substituted '$2,107' for '$2,012'. Subsec. (n). Pub. L. 101-237, Sec. 101(a)(14), substituted '$2,397' for '$2,289'. Subsecs. (o), (p). Pub. L. 101-237, Sec. 101(a)(15), substituted '$2,679' for '$2,559' wherever appearing. Subsec. (r). Pub. L. 101-237, Sec. 101(a)(16), substituted '$1,150' and '$1,713' for '$1,098' and '$1,636', respectively. Subsec. (s). Pub. L. 101-237, Sec. 101(a)(17), substituted '$1,720' for '$1,643'. 1988 - Subsec. (a). Pub. L. 100-687, Sec. 1101(a)(1), substituted '$73' for '$71'. Subsec. (b). Pub. L. 100-687, Sec. 1101(a)(2), substituted '$138' for '$133'. Subsec. (c). Pub. L. 100-687, Sec. 1101(a)(3), substituted '$210' for '$202'. Subsec. (d). Pub. L. 100-687, Sec. 1101(a)(4), substituted '$300' for '$289'. Subsec. (e). Pub. L. 100-687, Sec. 1101(a)(5), substituted '$426' for '$410'. Subsec. (f). Pub. L. 100-687, Sec. 1101(a)(6), substituted '$537' for '$516'. Subsec. (g). Pub. L. 100-687, Sec. 1101(a)(7), substituted '$678' for '$652'. Subsec. (h). Pub. L. 100-687, Sec. 1101(a)(8), substituted '$784' for '$754'. Subsec. (i). Pub. L. 100-687, Sec. 1101(a)(9), substituted '$883' for '$849'. Subsec. (j). Pub. L. 100-687, Sec. 1101(a)(10), substituted '$1,468' for '$1,411'. Subsec. (k). Pub. L. 100-687, Sec. 1101(a)(11), substituted '$1,825' and '$2,559' for '$1,754' and '$2,459', respectively. Subsec. (l). Pub. L. 100-687, Sec. 1101(a)(12), substituted '$1,825' for '$1,754'. Subsec. (m). Pub. L. 100-687, Sec. 1101(a)(13), substituted '$2,012' for '$1,933'. Subsec. (n). Pub. L. 100-687, Sec. 1101(a)(14), substituted '$2,289' for '$2,199'. Subsecs. (o), (p). Pub. L. 100-687, Sec. 1101(a)(15), substituted '$2,559' for '$2,459' wherever appearing. Subsec. (r). Pub. L. 100-687, Sec. 1101(a)(16), substituted '$1,098' and '$1,636' for '$1,055' and '$1,572', respectively. Subsec. (s). Pub. L. 100-687, Sec. 1101(a)(17), substituted '$1,643' for '$1,579'. 1987 - Subsec. (a). Pub. L. 100-227, Sec. 101(a)(1), substituted '$71' for '$69'. Subsec. (b). Pub. L. 100-227, Sec. 101(a)(2), substituted '$133' for '$128'. Subsec. (c). Pub. L. 100-227, Sec. 101(a)(3), substituted '$202' for '$194'. Subsec. (d). Pub. L. 100-227, Sec. 101(a)(4), substituted '$289' for '$278'. Subsec. (e). Pub. L. 100-227, Sec. 101(a)(5), substituted '$410' for '$394'. Subsec. (f). Pub. L. 100-227, Sec. 101(a)(6), substituted '$516' for '$496'. Subsec. (g). Pub. L. 100-227, Sec. 101(a)(7), substituted '$652' for '$626'. Subsec. (h). Pub. L. 100-227, Sec. 101(a)(8), substituted '$754' for '$724'. Subsec. (i). Pub. L. 100-227, Sec. 101(a)(9), substituted '$849' for '$815'. Subsec. (j). Pub. L. 100-227, Sec. 101(a)(10), substituted '$1,411' for '$1,355'. Subsec. (k). Pub. L. 100-227, Sec. 101(a)(11), substituted '$1,754' and '$2,459' for '$1,684' and '$2,360', respectively. Subsec. (l). Pub. L. 100-227, Sec. 101(a)(12), substituted '$1,754' for '$1,684'. Subsec. (m). Pub. L. 100-227, Sec. 101(a)(13), substituted '$1,933' for '$1,856'. Subsec. (n). Pub. L. 100-227, Sec. 101(a)(14), substituted '$2,199' for '$2,111'. Subsecs. (o), (p). Pub. L. 100-227, Sec. 101(a)(15), substituted '$2,459' for '$2,360' wherever appearing. Subsec. (r). Pub. L. 100-227, Sec. 101(a)(16), substituted '$1,055' and '$1,572' for '$1,013' and '$1,509', respectively. Subsec. (s). Pub. L. 100-227, Sec. 101(a)(17), substituted '$1,579' for '$1,516'. 1986 - Subsec. (a). Pub. L. 99-576, Sec. 101(a)(1), substituted '$69' for '$68'. Pub. L. 99-238, Sec. 101(a)(1), substituted '$68' for '$66'. Subsec. (b). Pub. L. 99-576, Sec. 101(a)(2), substituted '$128' for '$126'. Pub. L. 99-238, Sec. 101(a)(2), substituted '$126' for '$122'. Subsec. (c). Pub. L. 99-576, Sec. 101(a)(3), substituted '$194' for '$191'. Pub. L. 99-238, Sec. 101(a)(3), substituted '$191' for '$185'. Subsec. (d). Pub. L. 99-576, Sec. 101(a)(4), substituted '$278' for '$274'. Pub. L. 99-238, Sec. 101(a)(4), substituted '$274' for '$266'. Subsec. (e). Pub. L. 99-576, Sec. 101(a)(5), substituted '$394' for '$388'. Pub. L. 99-238, Sec. 101(a)(5), substituted '$388' for '$376'. Subsec. (f). Pub. L. 99-576, Sec. 101(a)(6), substituted '$496' for '$489'. Pub. L. 99-238, Sec. 101(a)(6), substituted '$489' for '$474'. Subsec. (g). Pub. L. 99-576, Sec. 101(a)(7), substituted '$626' for '$617'. Pub. L. 99-238, Sec. 101(a)(7), substituted '$617' for '$598'. Subsec. (h). Pub. L. 99-576, Sec. 101(a)(8), substituted '$724' for '$713'. Pub. L. 99-238, Sec. 101(a)(8), substituted '$713' for '$692'. Subsec. (i). Pub. L. 99-576, Sec. 101(a)(9), substituted '$815' for '$803'. Pub. L. 99-238, Sec. 101(a)(9), substituted '$803' for '$779'. Subsec. (j). Pub. L. 99-576, Sec. 101(a)(10), substituted '$1,355' for '$1,335'. Pub. L. 99-238, Sec. 101(a)(10), substituted '$1,335' for '$1,295'. Subsec. (k). Pub. L. 99-576, Sec. 101(a)(11), substituted '$63', '$1,684', and '$2,360' for '$62', '$1,659', and '$2,325', respectively. Pub. L. 99-238, Sec. 101(a)(11), substituted '$1,659' and '$2,325' for '$1,609' and '$2,255', respectively. Subsec. (l). Pub. L. 99-576, Sec. 101(a)(12), substituted '$1,684' for '$1,659'. Pub. L. 99-238, Sec. 101(a)(12), substituted '$1,659' for '$1,609'. Subsec. (m). Pub. L. 99-576, Sec. 101(a)(13), substituted '$1,856' for '$1,829'. Pub. L. 99-238, Sec. 101(a)(13), substituted '$1,829' for '$1,774'. Subsec. (n). Pub. L. 99-576, Sec. 101(a)(14), substituted '$2,111' for '$2,080'. Pub. L. 99-238, Sec. 101(a)(14), substituted '$2,080' for '$2,017'. Subsecs. (o), (p). Pub. L. 99-576, Sec. 101(a)(15), substituted '$2,360' for '$2,325' wherever appearing. Pub. L. 99-238, Sec. 101(a)(15), substituted '$2,325' for '$2,255' wherever appearing. Subsec. (r). Pub. L. 99-576, Sec. 101(a)(16), substituted '$1,013' and '$1,509' for '$998' and '$1,487', respectively. Pub. L. 99-238, Sec. 101(a)(16), substituted '$998' and '$1,487' for '$968' and '$1,442', respectively. Subsec. (s). Pub. L. 99-576, Sec. 101(a)(17), substituted '$1,516' for '$1,494'. Pub. L. 99-238, Sec. 101(a)(17), substituted '$1,494' for '$1,449'. Subsec. (t). Pub. L. 99-576, Sec. 109(b), struck out subsec. (t) which read as follows: '(1) If the veteran (A) is entitled to receive compensation at any rate provided for under subsections (a) through (i) of this section and compensation under subsection (k) of this section, (B) has suffered the loss or loss of use of an extremity as a result of a service-connected disability ratable at 40 percent or more, and (C) has suffered the loss or loss of use of the paired extremity as a result of a non-service-connected disability, not the result of the veteran's own willful misconduct, that would be rated, if service-connected, at 40 percent or more, the monthly rate of compensation payable to such veteran shall be increased by $289. '(2) If a veteran described in paragraph (1) of this subsection 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 paragraph, the increase in the rate of compensation otherwise payable under this subsection 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 amount of any such money received and the fair market value of any such property received.' Pub. L. 99-238, Sec. 101(a)(18), substituted '$289' for '$280' in par. (1). 1984 - Subsec. (a). Pub. L. 98-543, Sec. 101(a)(1), substituted '$66' for '$64'. Pub. L. 98-223, Sec. 101(a)(1), substituted '$64' for '$62'. Pub. L. 98-223, Sec. 101(a)(19), substituted 'percent' for 'per centum'. Subsec. (b). Pub. L. 98-543, Sec. 101(a)(2), substituted '$122' for '$118'. Pub. L. 98-223, Sec. 101(a)(2), substituted '$118' for '$114'. Pub. L. 98-223, Sec. 101(a)(19), substituted 'percent' for 'per centum'. Subsec. (c). Pub. L. 98-543, Sec. 101(a)(3), substituted '$185' for '$179'. Pub. L. 98-223, Sec. 101(a)(3), substituted '$179' for '$173'. Pub. L. 98-223, Sec. 101(a)(19), substituted 'percent' for 'per centum'. Subsec. (d). Pub. L. 98-543, Sec. 101(a)(4), substituted '$266' for '$258'. Pub. L. 98-223, Sec. 101(a)(4), substituted '$258' for '$249'. Pub. L. 98-223, Sec. 101(a)(19), substituted 'percent' for 'per centum'. Subsec. (e). Pub. L. 98-543, Sec. 101(a)(5), substituted '376' for '364'. Pub. L. 98-223, Sec. 101(a)(5), substituted '$364' for '$352'. Pub. L. 98-223, Sec. 101(a)(19), substituted 'percent' for 'per centum'. Subsec. (f). Pub. L. 98-543, Sec. 101(a)(6), substituted '$474' for '$459'. Pub. L. 98-223, Sec. 101(a)(6), substituted '$459' for '$443'. Pub. L. 98-223, Sec. 101(a)(19), substituted 'percent' for 'per centum'. Subsec. (g). Pub. L. 98-543, Sec. 101(a)(7), substituted '$598' for '$579'. Pub. L. 98-223, Sec. 101(a)(7), substituted '$579' for '$559'. Pub. L. 98-223, Sec. 101(a)(19), substituted 'percent' for 'per centum'. Subsec. (h). Pub. L. 98-543, Sec. 101(a)(8), substituted '$692' for '$671'. Pub. L. 98-223, Sec. 101(a)(8), substituted '$671' for '$648'. Pub. L. 98-223, Sec. 101(a)(19), substituted 'percent' for 'per centum'. Subsec. (i). Pub. L. 98-543, Sec. 101(a)(9), substituted '$779' for '$755'. Pub. L. 98-223, Sec. 101(a)(9), substituted '$755' for '$729'. Pub. L. 98-223, Sec. 101(a)(19), substituted 'percent' for 'per centum'. Subsec. (j). Pub. L. 98-543, Sec. 101(a)(10), substituted '$1,295' for '$1,255'. Pub. L. 98-223, Sec. 101(a)(10), substituted '$1,255' for '$1,213'. Subsec. (k). Pub. L. 98-543, Sec. 101(a)(11), substituted '$1,609' and '$2,255' for '$1,559' and '$2,185', respectively. Pub. L. 98-223, Sec. 101(a)(11), substituted '$1,559' and '$2,185' for '$1,506' and '$2,111', respectively. Subsec. (l). Pub. L. 98-543, Sec. 101(a)(12), substituted '$1,609' for '$1,559'. Pub. L. 98-223, Sec. 101(a)(12), substituted '$1,559' for '$1,506'. Subsec. (m). Pub. L. 98-543, Sec. 101(a)(13), substituted '$1,774' for '$1,719'. Pub. L. 98-223, Sec. 101(a)(13), substituted '$1,719' for '$1,661'. Subsec. (n). Pub. L. 98-543, Sec. 101(a)(14), substituted '$2,017' for '$1,954'. Pub. L. 98-223, Sec. 101(a)(14), substituted '$1,954' for '$1,888'. Subsec. (o). Pub. L. 98-543, Sec. 101(a)(15), substituted '$2,255' for '$2,185'. Pub. L. 98-223, Sec. 101(a)(15), substituted '$2,185' for '$2,111'. Pub. L. 98-223, Sec. 101(a)(19), substituted 'percent' for 'per centum'. Pub. L. 98-223, Sec. 112(a), inserted '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,' after '5/200 visual acuity or less,'. Subsec. (p). Pub. L. 98-543, Sec. 101(a)(15), substituted '$2,255' for '$2,185' in four places. Pub. L. 98-223, Sec. 101(a)(15), substituted '$2,185' for '$2,111' in three places. Pub. L. 98-223, Sec. 101(a)(19), substituted 'percent' for 'per centum'. Pub. L. 98-223, Sec. 112(b)(1), substituted '30' for '40' in cl. (1). Pub. L. 98-223, Sec. 112(b)(2), inserted provision authorizing the Administrator to allow the next intermediate rate, but in no event in excess of $2,185, 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 to 20 percent disabling. Subsec. (r). Pub. L. 98-543, Sec. 101(a)(16), substituted '$968' and '$1,442' for '$938' and '$1,397', respectively. Pub. L. 98-223, Sec. 101(a)(16), substituted '$938' and '$1,397' for '$906' and '$1,350', respectively. Subsec. (s). Pub. L. 98-543, Sec. 101(a)(17), substituted '$1,449' for '$1,404'. Pub. L. 98-223, Sec. 101(a)(17), substituted '$1,404' for '$1,357'. Pub. L. 98-223, Sec. 101(a)(19), substituted 'percent' for 'per centum'. Subsec. (t)(1). Pub. L. 98-543, Sec. 101(a)(18), substituted '$280' for '$271'. Pub. L. 98-223, Sec. 101(a)(18), substituted '$271' for '$262'. Pub. L. 98-223, Sec. 101(a)(19), substituted 'percent' for 'per centum' in two places. 1982 - Subsec. (a). Pub. L. 97-306, Sec. 101(a)(1), 107, 108, substituted '$62' for '$58', and repealed amendment made by Pub. L. 97-253, Sec. 405(b)(1), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(b)(1), (h), eff. Jan. 1, 1983, substituted '$57' for '$58'. Subsec. (b). Pub. L. 97-306, Sec. 101(a)(2), substituted '$114' for '$107'. Subsec. (c). Pub. L. 97-306, Sec. 101(a)(3), 107, 108, substituted '$173' for '$162', and repealed amendment made by Pub. L. 97-253, Sec. 405(b)(2), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(b)(2), (h), eff. Jan. 1, 1983, substituted '$161' for '$162'. Subsec. (d). Pub. L. 97-306, Sec. 101(a)(4), substituted '$249' for '$232'. Subsec. (e). Pub. L. 97-306, Sec. 101(a)(5), substituted '$352' for '$328'. Subsec. (f). Pub. L. 97-306, Sec. 101(a)(6), 107, 108, substituted '$443' for '$413', and repealed amendment made by Pub. L. 97-253, Sec. 405(b)(3), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(b)(3), (h), eff. Jan. 1, 1983, substituted '$412' for '$413'. Subsec. (g). Pub. L. 97-306, Sec. 101(a)(7), substituted '$559' for '$521'. Subsec. (h). Pub. L. 97-306, Sec. 101(a)(8), 107, 108, substituted '$648' for '$604', and repealed amendment made by Pub. L. 97-253, Sec. 405(b)(4), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(b)(4), (h), eff. Jan. 1, 1983, substituted '$603' for '$604'. Subsec. (i). Pub. L. 97-306, Sec. 101(a)(9), substituted '$729' for '$679'. Subsec. (j). Pub. L. 97-306, Sec. 101(a)(10), substituted '$1,213' for '$1,130'. Subsec. (k). Pub. L. 97-306, Sec. 101(a)(11), 107, 108, substituted '$1,506' for '$1,403' and '$2,111' for '$1,966', and repealed amendment made by Pub. L. 97-253, Sec. 405(b)(5), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(b)(5), (h), eff. Jan. 1, 1983, substituted '$61' for '$62', '$1,402' for '$1,403', '$61' for '$62', and '$1,965' for '$1,966'. Subsec. (l). Pub. L. 97-306, Sec. 101(a)(12), 107, 108, substituted '$1,506' for '$1,403', and repealed amendment made by Pub. L. 97-253, Sec. 405(b)(6), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(b)(6), (h), eff. Jan. 1, 1983, substituted '$1,402' for '$1,403'. Subsec. (m). Pub. L. 97-306, Sec. 101(a)(13), 107, 108, substituted '$1,661' for '$1,547', and repealed amendment made by Pub. L. 97-253, Sec. 405(b)(7), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(b)(7), (h), eff. Jan. 1, 1983, substituted '$1,546' for '$1,547'. Subsec. (n). Pub. L. 97-306, Sec. 101(a)(14), 107, 108, 111(a), inserted 'or has suffered blindness without light perception in both eyes,' after 'anatomical loss of both eyes,', substituted '$1,888' for '$1,758', and repealed amendment made by Pub. L. 97-253, Sec. 405(b)(8), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(b)(8), (h), eff. Jan. 1, 1983, substituted '$1,757' for '$1,758'. Subsec. (o). Pub. L. 97-306, Sec. 101(a)(15), 107, 108, substituted '$2,111' for '$1,966', and repealed amendment made by Pub. L. 97-253, Sec. 405(b)(9), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(b)(9), (h), eff. Jan. 1, 1983, substituted '$1,965' for '$1,966'. Subsec. (p). Pub. L. 97-306, Sec. 101(a)(15), 107, 108, 111(b), substituted '$2,111' for '$1,966' wherever appearing, inserted 'or service-connected anatomical loss or loss of use of one hand or one foot' after 'in one ear', and repealed amendment made by Pub. L. 97-253, Sec. 405(b)(9), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(b)(9), (h), eff. Jan. 1, 1983, substituted '$1,965' for '$1,966' wherever appearing. Pub. L. 97-253, Sec. 404(a), inserted 'down' after 'arithmetic mean, rounded'. Subsec. (r). Pub. L. 97-306, Sec. 101(a)(16), 107, 108, substituted '$906' for '$844' in par. (1), '$1,350' for '$1,257' in par. (2), and repealed amendment made by Pub. L. 97-253, Sec. 405(b)(10), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(b)(10), (h), eff. Jan. 1, 1983, substituted '$843' for '$844' in par. (1), and '$1,256' for '$1,257' in par. (2). Subsec. (s). Pub. L. 97-306, Sec. 101(a)(17), 107, 108, substituted '$1,357' for '$1,264', and repealed amendment made by Pub. L. 97-253, Sec. 405(b)(11), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(b)(11), (h), eff. Jan. 1, 1983, substituted '$1,263' for '$1,264'. Subsec. (t)(1). Pub. L. 97-306, Sec. 101(a)(18), 107, 108, substituted '$262' for '$244', and repealed amendment made by Pub. L. 97-253, Sec. 405(b)(12), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(b)(12), (h), eff. Jan. 1, 1983, substituted '$243' for '$244'. 1981 - Subsecs. (a) to (k). Pub. L. 97-66, Sec. 101(a)(1)-(11), increased compensation in subsec. (a) from $54 to $58, subsec. (b) from $99 to $107, subsec. (c) from $150 to $162, subsec. (d) from $206 to $232, subsec. (e) from $291 to $328, subsec. (f) from $367 to $413, subsec. (g) from $434 to $521, subsec. (h) from $503 to $604, subsec. (i) from $566 to $679, subsec. (j) from $1,016 to $1,130, and subsec. (k) from $1,262 to $1,403 and from $1,768 to $1,966. Subsec. (l). Pub. L. 97-66, Sec. 101(a)(12), 104(1), substituted 'loss of use of both feet' for 'loss of use of both hands, or both feet' and '$1,403' for '$1,262'. Subsec. (m). Pub. L. 97-66, Sec. 101(a)(13), 104(2), substituted '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' for 'two extremities at a level, or with complications, preventing natural elbow or knee action with prosthesis' and '$1,547' for '$1,391'. Subsec. (n). Pub. L. 97-66, Sec. 101(a)(14), 104(3), substituted '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,' for 'of two extremities so near the shoulder or hip as to prevent the use of a prosthetic appliance' and '$1,758' for '$1,581'. Subsec. (o). Pub. L. 97-66, Sec. 101(a)(15), 104(4), substituted 'visual acuity 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 $1,966' for 'visual acuity or less, the monthly compensation shall be $1,768'. Subsec. (p). Pub. L. 97-66, Sec. 101(a)(15), substituted '$1,966' for '$1,768' in three places. Subsec. (r). Pub. L. 97-66, Sec. 101(a)(16), substituted '$844' for '$759' in cl. (1) and '$1,257' for '$1,130' in cl. (2). Subsec. (s). Pub. L. 97-66, Sec. 101(a)(17), increased compensation from $1,137 to $1,264. Subsec. (t)(1). Pub. L. 97-66, Sec. 101(a)(18), increased compensation from $219 to $244. 1980 - Subsecs. (a) to (o). Pub. L. 96-385, Sec. 101(a)(1)-(15), increased compensation in subsec. (a) from $48 to $54, subsec. (b) from $88 to $99, subsec. (c) from $133 to $150, subsec. (d) from $182 to $206, subsec. (e) from $255 to $291, subsec. (f) from $321 to $367, subsec. (g) from $380 to $434, subsec. (h) from $440 to $503, subsec. (i) from $495 to $566, subsec. (j) from $889 to $1,016, subsec. (k) from $1,104 and $1,547 to $1,262 and $1,768, subsec. (l) from $1,104 to $1,262, subsec. (m) from $1,217 to $1,391, subsec. (n) from $1,383 to $1,581, subsec. (o) from $1,547 to $1,768. Subsec. (p). Pub. L. 96-385, Sec. 101(a)(15), substituted '$1,768' for '$1,547' in three places. Subsec. (r). Pub. L. 96-385, Sec. 101(a)(16), substituted '$759' for '$664' in cl. (1) and '$1,130' for '$989' in cl. (2). Subsec. (s). Pub. L. 96-385, Sec. 101(a)(17), increased compensation from $995 to $1,137. Subsec. (t)(1). Pub. L. 96-385, Sec. 101(a)(18), increased compensation from $192 to $219. 1979 - Subsecs. (a) to (o). Pub. L. 96-128, Sec. 101(a)(1)-(15), increased compensation in subsec. (a) from $44 to $48, subsec. (b) from $80 to $88, subsec. (c) from $121 to $133, subsec. (d) from $166 to $182, subsec. (e) from $232 to $255, subsec. (f) from $292 to $321, subsec. (g) from $346 to $380, subsec. (h) from $400 to $440, subsec. (i) from $450 to $495, subsec. (j) from $809 to $889, subsec. (k) from $56 to $62, from $1,005 to $1,104, and from $1,408 to $1,547, subsec. (l) from $1,005 to $1,104, subsec. (m) from $1,107 to $1,217, subsec. (n) from $1,258 to $1,383, and subsec. (o) from $1,408 to $1,547. Subsec. (p). Pub. L. 96-128, Sec. 101(a)(15), 105, inserted provisions respecting the establishment of any intermediate rate, and substituted '$1,547' for '$1,408' wherever appearing. Subsec. (r). Pub. L. 96-128, Sec. 101(a)(16), 104, inserted provisions relating to intermediate rates and struck out reference to subsections (o) or (p) of this section in introductory text, substituted '$664' for '$604' in cl. (1), and substituted '$989' for '$900' in cl. (2). Subsec. (s). Pub. L. 96-128, Sec. 101(a)(17), increased compensation from $905 to $995. Subsec. (t)(1). Pub. L. 96-128, Sec. 101(a)(18), increased compensation from $175 to $192. 1978 - Subsecs. (a) to (o). Pub. L. 95-479, Sec. 101(a)(1)-(15), increased compensation in subsec. (a) from $41 to $44, subsec. (b) from $75 to $80, in subsec. (c) from $113 to $121, in subsec. (d) from $155 to $166, in subsec. (e) from $216 to $232, in subsec. (f) from $272 to $292, in subsec. (g) from $322 to $346, in subsec. (h) from $373 to $400, in subsec. (i) from $419 to $450, in subsec. (j) from $754 to $809, in subsec. (k) from $937 and $1,312 to $1,005 and $1,408, respectively, in subsec. (l) from $937 to $1,005, in subsec. (m) from $1,032 to $1,107, in subsec. (n) from $1,172 to $1,258, and in subsec. (o) from $1,312 to $1,408. Subsec. (p). Pub. L. 95-479, Sec. 101(a)(15), (b), substituted '$1,408' for '$1,312' in two places, and inserted provision allowing next higher rate or intermediate rate but in no event in excess of $1,408 in event veteran has suffered anatomical loss or loss of use, or a combination thereof, of three extremities. Subsec. (r). Pub. L. 95-479, Sec. 101(c), raised the monthly aid and attendance allowance from $563 to $604, and inserted provisions relating to need of higher level of care. Subsec. (s). Pub. L. 95-479, Sec. 101(a)(16), substituted '$905' for '$843'. Subsec. (t). Pub. L. 95-479, Sec. 101(d), added subsec. (t). 1977 - Subsecs. (a) to (p), (r), (s). Pub. L. 95-117 increased compensation in subsec. (a) from $38 to $41, subsec. (b) from $70 to $75, subsec. (c) from $106 to $113, subsec. (d) from $145 to $155, subsec. (e) from $203 to $216, subsec. (f) from $255 to $272, subsec. (g) from $302 to $322, subsec. (h) from $350 to $373, subsec. (i) from $393 to $419, subsec. (j) from $707 to $754, subsec. (k) from $879 and $1,231 to $937 and $1,312, respectively, subsec. (l) from $879 to $937, subsec. (m) from $968 to $1,032, subsec. (n) from $1,099 to $1,172, subsec. (o) from $1,231 to $1,312, subsec. (p) from $1,231 to $1,312, subsec. (r) from $528 to $563, and subsec. (s) from $791 to $843. 1976 - Subsecs. (a) to (l). Pub. L. 94-433, Sec. 101(a)(1)-(12), increased compensation in subsec. (a) from $35 to $38, subsec. (b) from $65 to $70, subsec. (c) from $98 to $106, subsec. (d) from $134 to $145, subsec. (e) from $188 to $203, subsec. (f) from $236 to $255, subsec. (g) from $280 to $302, subsec. (h) from $324 to $350, subsec. (i) from $364 to $393, subsec. (j) from $655 to $707, subsec. (k) from $52, $814, and $1,139 to $56, $879, and $1,231, respectively, and subsec. (l) from $814 to $879. Subsec. (m). Pub. L. 94-433, Sec. 101(a)(13), 404(6), increased compensation from $896 to $968 and substituted 'such veteran' for 'him', respectively. Subsec. (n). Pub. L. 94-433, Sec. 101(a)(14), increased compensation from $1,018 to $1,099. Subsec. (o). Pub. L. 94-433, Sec. 101(a)(15), 401(4), 404(6), increased compensation from $1,139 to $1,231, struck out 'in combination with total blindness with 5/200 visual acuity or less,' before 'the monthly compensation', and substituted 'such veteran' for 'him', respectively. Subsec. (p). Pub. L. 94-433, Sec. 101(a)(15), 404(7), increased compensation from $1,139 to $1,231 and struck out ', in his discretion,' before 'may allow', respectively. Subsec. (r). Pub. L. 94-433, Sec. 101(a)(16), 401(5), 404(8), increased compensation from $489 to $528 and substituted reference to section '3203(e)' for '3203(f)' of this title and 'such veteran' for 'he', respectively. Subsec. (s). Pub. L. 94-433, Sec. 101(a)(17), 404(8), increased compensation from $732 to $791 and substituted 'such veteran's' for 'his' after 'by reason of' and before 'house', respectively. 1975 - Subsecs. (a) to (p), (r), (s). Pub. L. 94-71 increased compensation in subsec. (a) from $32 to $35, subsec. (b) from $59 to $65, subsec. (c) from $89 to $98, subsec. (d) from $122 to $134, subsec. (e) from $171 to $188, subsec. (f) from $211 to $236, subsec. (g) from $250 to $280, subsec. (h) from $289 to $324, subsec. (i) from $325 to $364, subsec. (j) from $584 to $655, subsec. (k) from $727 and $1,017 to $814 and $1,139 respectively, subsec. (l) from $727 to $814, subsec. (m) from $800 to $896, subsec. (n) from $909 to $1,018, subsec. (o) from $1,017 to $1,139, subsec. (p) from $1,017 to $1,139, subsec. (r) from $437 to $489, and subsec. (s) from $654 to $732. 1974 - Subsecs. (a) to (p), (r), (s). Pub. L. 93-295 increased compensation in subsec. (a) from $28 to $32, subsec. (b) from $51 to $59, subsec. (c) from $77 to $89, subsec. (d) from $106 to $122, subsec. (e) from $149 to $171, subsec. (f) from $179 to $211, subsec. (g) from $212 to $250, subsec. (h) from $245 to $289, subsec. (i) from $275 to $325, subsec. (j) from $495 to $584, subsec. (k) from $47, $616 and $862 to $52, $727 and $1,017, respectively, subsec. (l) from $616 to $727, subsec. (m) from $678 to $800, subsec. (n) from $770 to $909, subsec. (o) from $862 to $1,017, subsec. (p) from $862 to $1,017, subsec. (r) from $370 to $437, and subsec. (s) from $554 to $654. 1972 - Subsecs. (a) to (p), (r), (s). Pub. L. 92-328 increased compensation in subsec. (a) from $25 to $28, subsec. (b) from $46 to $51, subsec. (c) from $70 to $77, subsec. (d) from $96 to $106, subsec. (e) from $135 to $149, subsec. (f) from $163 to $179, subsec. (g) from $193 to $212, subsec. (h) from $223 to $245, subsec. (i) from $250 to $275, subsec. (j) from $450 to $495, subsec. (k) from $560 to $616 and $784 to $862, respectively, subsec. (l) from $560 to $616, subsec. (m) from $616 to $678, subsec. (n) from $700 to $770, subsec. (o) from $784 to $862, subsec. (p) from $784 to $862, subsec. (r) from $336 to $370, and subsec. (s) from $504 to $554. 1970 - Subsecs. (a) to (p), (r), (s). Pub. L. 91-376 increased compensation in subsec. (a) from $23 to $25, subsec. (b) from $43 to $46, subsec. (c) from $65 to $70, subsec. (d) from $89 to $96, subsec. (e) from $122 to $135, subsec. (f) from $147 to $163, subsec. (g) from $174 to $193, subsec. (h) from $201 to $223, subsec. (i) from $226 to $250, subsec. (j) from $400 to $450, subsec. (k) from $500 and $700 to $560 and $784, respectively, subsec. (l) from $500 to $560, subsec. (m) from $550 to $616, subsec. (n) from $625 to $700, subsec. (o) from $700 to $784, subsec. (p) from $700 to $784, subsec. (r) from $300 to $336, and subsec. (s) from $450 to $504. 1968 - Subsecs. (a) to (p). Pub. L. 90-493, Sec. 1(a)(1)-(14), (17), increased compensation in subsec. (a) from $21 to $23, subsec. (b) from $40 to $43, subsec. (c) from $60 to $65, subsec. (d) from $82 to $89, subsec. (e) from $113 to $122, subsec. (f) from $136 to $147, subsec. (g) from $161 to $174, subsec. (h) from $186 to $201, subsec. (i) from $209 to $226, subsec. (j) from $300 to $400, subsec. (k) from $600 and $400 to $700 and $500, respectively, subsec. (l) from $400 to $500, subsec. (m) from $450 to $550, subsec. (n) from $525 to $625, subsec. (o) from $600 to $700, and subsec. (p) from $600 to $700. Subsec. (q). Pub. L. 90-493, Sec. 4(a), struck out provision that if the veteran is shown to have had a service-connected disability resulting from an active tuberculous disease, the monthly compensation shall be not less than $67, provided that, in the judgment of the Administrator, the disease has reached a condition of complete arrest. Subsecs. (r), (s). Pub. L. 90-493, Sec. 1(a)(15), (16), increased compensation in subsec. (r) from $250 to $300, and in subsec. (s) from $350 to $450. 1967 - Subsec. (k). Pub. L. 90-77 substituted 'one or more creative organs' for 'a creative organ' and 'in the event the veteran has suffered one or more of the disabilities heretofore specified in this subsection' for 'in the event of anatomical loss or loss of use of a creative organ, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, or has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction' and inserted following '$47 per month' where initially appearing 'for each such loss or loss of use', reference to subsec. (s) of this section and limitation of compensation to $400 per month. 1965 - Subsecs. (a) to (m). Pub. L. 89-311, Sec. 1(a)(1)-(14), increased compensation in subsec. (a) from $20 to $21, subsec. (b) from $38 to $40, subsec. (c) from $58 to $60, subsec. (d) from $77 to $82, subsec. (e) from $107 to $113, subsec. (f) from $128 to $136, subsec. (g) from $149 to $161, subsec. (h) from $170 to $186, subsec. (i) from $191 to $209, subsec. (j) from $250 to $300, subsec. (k) from $525 to $600, subsec. (l) from $340 to $400, subsec. (m) from $390 to $450, and subsec. (n) from $440 to $525. Subsec. (o). Pub. L. 89-311, Sec. 1(a)(11), 3(d), increased compensation from $525 to $600 and relaxed requirement of total deafness by requiring only bilateral deafness (if the hearing impairment in either one or both ears is service connected) rated at 60 per centum or more disabling. Subsec. (p). Pub. L. 89-311, Sec. 3(e), increased from $525 to $600 the allowable maximum rates when service-connected disabilities exceed the requirements for any of the prescribed rates and inserted specific reference to an increase to the next higher rate in the case of service-connected blindness and bilateral deafness and an increase to the next intermediate rate in the case of service-connected total deafness in one ear. Subsec. (r). Pub. L. 89-311, Sec. 1(a)(15), substituted '$250' for '$200'. Subsec. (s). Pub. L. 89-311, Sec. 1(a)(16), substituted '$350' for '$290'. 1963 - Subsec. (k). Pub. L. 88-22 provided increased compensation for veterans suffering complete organic aphonia with constant inability to communicate by speech. Pub. L. 88-20 provided increased compensation for veterans suffering deafness of both ears, having absence of air and bone conduction. 1962 - Subsecs. (a) to (p). Pub. L. 87-645, Sec. 1(a)(1)-(14), increased monthly compensation in subsec. (a) from $19 to $20, subsec. (b) from $36 to $38, subsec. (c) from $55 to $58, subsec. (d) from $73 to $77, subsec. (e) from $100 to $107, subsec. (f) from $120 to $128, subsec. (g) from $140 to $149, subsec. (h) from $160 to $170, subsec. (i) from $179 to $191, subsec. (j) from $225 to $250, subsec. (k) from $450 to $525, subsec. (l) from $309 to $340, subsec. (m) from $359 to $390, subsec. (n) from $401 to $440, and subsec. (o) and (p) from $450 to $525. Subsec. (r). Pub. L. 87-645, Sec. 1(a)(15), 2(a), increased monthly compensation from $150 to $200, and substituted ', subject to the limitations of section 3203(f) of this title' for 'for all periods during which he is not hospitalized at Government expense'. Subsec. (s). Pub. L. 87-645, Sec. 1(a)(16), increased monthly compensation from $265 to $290. 1960 - Subsec. (s). Pub. L. 86-663 added subsec. (s). 1958 - Subsec. (r). Pub. L. 85-782 added subsec. (r). EFFECTIVE DATE OF 1989 AMENDMENT Section 106 of Pub. L. 101-237 provided that: 'The amendments made by this part (part A (Sec. 101-106) of title I of Pub. L. 101-237, amending this section and sections 315, 362, 411, 413, and 414 of this title) shall take effect on December 1, 1989.' EFFECTIVE DATE OF 1988 AMENDMENT Section 1106 of title XI of Pub. L. 100-687 provided that: 'The amendments made by this title (amending this section and sections 315, 362, 411, 413, and 414 of this title, and enacting provisions set out as a note below) shall take effect on December 1, 1988.' EFFECTIVE DATE OF 1987 AMENDMENT Section 107 of title I of Pub. L. 100-227 provided that: 'The amendments made by this title (amending this section and sections 315, 362, 411, 413, and 414 of this title and enacting provisions set out as notes under this section and section 101 of this title) shall take effect as of December 1, 1987.' EFFECTIVE DATE OF 1986 AMENDMENTS Section 107 of Pub. L. 99-576 provided that: 'The amendments made by sections 101 through 106 (amending this section and sections 315, 362, 411, 413, and 414 of this title) shall take effect on December 1, 1986, except that such amendments shall not take effect unless benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 1986, as a result of a determination under section 215(i) of such Act (42 U.S.C 415(i)).' Amendment by section 109(b) of Pub. L. 99-576 effective Oct. 28, 1986, see section 109(c)(1) of Pub. L. 99-576, set out as a note under section 360 of this title. Section 107 of title I of Pub. L. 99-238 provided that: 'The amendments made by this title (amending this section and sections 315, 362, 411, 413, and 414 of this title and enacting provisions set out as a note under this section) shall take effect as of December 1, 1985.' EFFECTIVE DATE OF 1984 AMENDMENTS Section 107 of Pub. L. 98-543 provided that: 'Sections 101 through 106 (amending this section and sections 315, 362, 411, 413, and 414 of this title and enacting provisions set out as a note under this section) shall take effect on December 1, 1984.' Section 107 of Pub. L. 98-223 provided that: 'The amendments made by this part (part A (Sec. 101-108) of title I of Pub. L. 98-223, amending this section and sections 312, 315, 355, 362, 411, 413, and 414 of this title and enacting provisions set out as notes under this section and section 301 of this title) shall take effect on April 1, 1984.' Amendment by section 112 of Pub. L. 98-223 effective Oct. 1, 1983, see section 114 of Pub. L. 98-223, set out as a note under section 312 of this title. EFFECTIVE DATE OF 1982 AMENDMENTS Section 108 of Pub. L. 97-306 provided that: 'The amendments made by this part (part A (Sec. 101-108) of title I of Pub. L. 97-306, amending this section and sections 315, 362, 411, 413, and 414 of this title, repealing section 405 of Pub. L. 97-253, and enacting provisions set out as a note under this section) shall take effect on October 1, 1982.' Section 111(c) of Pub. L. 97-306 provided that: 'The amendments made by subsections (a) and (b) (amending this section) shall take effect on October 1, 1982.' Section 404(c) of Pub. L. 97-253 provided that: 'The amendments made by this section (amending this section and section 315 of this title) shall take effect on October 1, 1982.' EFFECTIVE DATE OF 1981 AMENDMENT Section 701 of Pub L. 97-66 provided that: '(a) The amendments made by titles I, II, and III (amending this section and sections 315, 362, 411, 413, 414, 1902, 1903, and 3010 of this title) shall take effect as of October 1, 1981. '(b)(1) Except as otherwise provided in this subsection, the amendments made by titles IV, V, and VI (enacting section 3103A of this title and amending sections 210, 717, 752, 769, 802, 1712, 1712 note, 1776, 1803, 1819, 1828, and 5010 of this title) shall take effect on the date of the enactment of this Act (Oct. 17, 1981). '(2) The amendments made by section 401 (amending sections 767 and 777 of this title) shall take effect on December 1, 1981. '(3) The amendments made by section 504 (amending section 1826 of this title) shall take effect as of October 17, 1980. '(4) The amendments made by section 601(b)(1) (amending section 5010 of this title) shall take effect as of October 1, 1981. '(5) The amendments made by section 602 (amending section 3203 of this title) shall take effect on the date of the enactment of this Act (Oct. 17, 1981) and shall apply with respect to veterans admitted to a Veterans' Administration hospital or nursing home on or after such date. '(6) The amendments made by section 603 (amending sections 906 and 1003 of this title) shall apply with respect to veterans dying before, on, or after the date of the enactment of this Act (Oct. 17, 1981).' EFFECTIVE DATE OF 1980 AMENDMENT Section 601 of Pub. L. 96-385 provided that: '(a) The amendments made by titles I and II (amending this section and sections 315, 362, and 411, 413, 414 of this title) shall apply only to payments for months beginning after September 30, 1980. '(b) The amendments made by title III (amending sections 801, 802, 804, and 805 of this title) and by sections 402, 501, 503 (amending sections 230, 1810, 1811, 1819, 3104, and 3203 of this title), and 506 (amending section 121 of Title 36, Patriotic Societies and Observances) shall take effect on October 1, 1980. '(c) The amendments made by section 502 (amending section 906 of this title) shall apply only with respect to individuals who die after September 30, 1980. '(d) The amendments made by sections 401, 504, 505 (enacting sections 1810, 1819, 3113, and 3305 of this title and amending sections 1803 and 1811 of this title) and 507 (not classified to the Code) shall take effect on the date of the enactment of this Act (Oct. 7, 1980). '(e) The amendments made by section 508 (amending sections 4107 and 4109 of this title) shall take effect as of August 26, 1980.' EFFECTIVE DATE OF 1979 AMENDMENTS Section 601 of Pub. L. 96-128, as amended by Pub. L. 96-151, title III, Sec. 306(a), Dec. 20, 1979, 93 Stat. 1097, provided that: '(a)(1) Except as provided in paragraph (2) of this subsection, the amendments made by titles I and II (amending this section and sections 315, 362, 411, 413, and 414 of this title) and the provisions of section 101(b) (set out as a note below) shall take effect as of October 1, 1979. '(2) With respect to the amendment made by clause (11) of section 101(a), that portion of the amendment amending subsection (k) of section 314 to increase certain monthly rates of compensation (substituting '$62' for '$56' in two places) shall take effect as of September 1, 1980, and that portion of the amendment amending such subsection to increase certain maximum monthly amounts of compensation (substituting '$1,104' for '$1,005' and '$1,547' for '$1,408') shall take effect as of October 1, 1979. '(b) The amendments made by titles III, IV, and V (enacting sections 726, 761, and 1828 of this title, amending sections 611, 612A, 620A, 663, 718, 725, 753, and 5005 of this title, and enacting provisions set out as a note under section 6103 of Title 26, Internal Revenue Code) shall take effect on the date of the enactment of this Act (Nov. 28, 1979).' (Section 306(b) of Pub. L. 96-151 provided that the amendment made to section 601(a)(2) of Pub. L. 96-128 (substituting 'clause (11)' for 'clause (1)'), set out as a note above, shall take effect as of Nov. 28, 1979.) EFFECTIVE DATE OF 1978 AMENDMENT Section 401 of Pub. L. 95-479 provided that: '(a) Except as provided in subsection (b), the amendments made by this Act (amending this section, sections 315, 362, 410, 411, 413, 414, 562, 902, 903, 906, 907, 1902, and 3101 of this title, and section 121 of Title 36, Patriotic Societies and Observances, and enacting provisions set out as notes under this section, sections 101 and 301 of this title, and section 295a of Title 24, Hospitals and Asylums) shall take effect on October 1, 1978. '(b) The amendment made by section 302 (amending section 562 of this title) shall take effect on January 1, 1979.' EFFECTIVE DATE OF 1977 AMENDMENT Section 501 of Pub. L. 95-117 provided that: 'Except as otherwise provided in this Act, the amendments made by this Act to title 38, United States Code (amending this section and sections 315, 362, 411, 413, 414, and 801 of this title and enacting provisions set out as notes under this section and section 101 of this title), shall become effective on October 1, 1977.' EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Section 301 of Pub. L. 94-71 provided that: 'The provisions of this Act (amending this section and sections 315, 362, 411, 413, 414, and 3010 of this title and enacting provisions set out as notes under this section and section 411 of this title) shall become effective August 1, 1975.' EFFECTIVE DATE OF 1974 AMENDMENT Section 401 of Pub. L. 93-295 provided that: 'The provisions of this Act (amending this section and sections 315, 322, 337, 342, 411, 413, and 414 of this title, repealing section 343 of this title, and enacting provisions set out as notes under this section and section 301 of this title) shall become effective on May 1, 1974, except that title III (amending sections 1701 and 3202 of this title) shall become effective on the first day of the second calendar month following enactment (May 31, 1974).' EFFECTIVE DATE OF 1972 AMENDMENT Section 301(a) of Pub. L. 92-328 provided that: 'Sections 101 through 107 of this Act (enacting section 362 of this title, amending this section and sections 315, 536, 3021, 3202, and 3203 of this title, and enacting provisions set out as notes under this section and section 3203 of this title) shall take effect on the first day of the second calendar month which begins after the date of enactment (June 30, 1972).' EFFECTIVE DATE OF 1970 AMENDMENT Section 9 of Pub. L. 91-376 provided that: 'The first two sections of this Act (amending this section and section 315 of this title and enacting provision set out as a note under this section) take effect July 1, 1970. Sections 4, 5, 6, and 7 (amending sections 103, 3010, and 3104 of this title, and enacting provision set out as a note under section 103 of this title) take effect January 1, 1971.' EFFECTIVE DATE OF 1968 AMENDMENT Section 2 of Pub. L. 90-493 provided that: 'The compensation payable pursuant to the amendments made by this Act (amending this section) shall be payable beginning with the first day of January 1969.' Repeal of subsec. (q) not to apply in the case of any veteran who, on 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, see section 4(b) of Pub. L. 90-493, set out as an Effective Date of Repeal note under section 356 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90-77, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1965 AMENDMENT Section 9 of Pub. L. 89-311 provided that: 'The amendments made by the first section and sections 2, 3, and 4 of this Act (amending this section and sections 101, 315, 360, 414, and 560 of this title and enacting provisions set out as a note under this section) shall take effect on the first day of the second calendar month following the date of enactment of this Act (Oct. 31, 1965).' EFFECTIVE DATE OF 1963 AMENDMENTS Section 2 of Pub. L. 88-22 provided that: 'The amendments made by this Act (amending this section) shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act (May 15, 1963).' Section 2 of Pub. L. 88-20 provided that: 'The amendments made by this Act (amending this section) shall take effect on the first day of the second month which begins after the date of its enactment (May 15, 1963).' EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-645 effective first day of first calendar month which begins after Sept. 7, 1962, see section 4 of Pub. L. 87-645, set out as a note under section 312 of this title. EFFECTIVE DATE OF 1960 AMENDMENT Section 2 of Pub. L. 86-663 provided that: 'This Act (amending this section) shall be effective on and after the first day of the second calendar month following the date of its enactment (July 14, 1960).' EFFECTIVE DATE OF 1958 AMENDMENT Section 2 of Pub. L. 85-782 provided that the amendment made by that section is effective Jan. 1, 1959. REPEAL OF TEMPORARY CHANGES IN FISCAL YEAR 1983 COMPENSATION Section 405 of Pub. L. 97-253 (amending this section and sections 315, 362, 411, 413, and 414 of this title and enacting provisions set out as notes under this section) was repealed by Pub. L. 97-306, title I, Sec. 107, Oct. 14, 1982, 96 Stat. 1431. Section 405 of Pub. L. 97-253 had amended those sections relating to compensation to be effective Jan. 1, 1983, in contemplation of the later enactment of a law providing for cost-of-living increases for fiscal year 1983, with the intent that the increases provided for under section 405 of Pub. L. 97-253 be superseded by increases provided for in the later law. Pub. L. 97-306 provided for the anticipated increases and repealed section 405 of Pub. L. 97-253. ADMINISTRATIVE ADJUSTMENT OF DISABILITY RATES OF CERTAIN PERSONS NOT COVERED BY THIS CHAPTER Section 101(b) of Pub. L. 101-237 provided that: 'The Secretary may adjust administratively, consistent with the increases authorized by this section (amending this section), the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 (set out as a note preceding section 101 of this title) who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code.' Similar provisions were contained in the following acts: Pub. L. 100-687, div. B, title XI, Sec. 1101(b), Nov. 18, 1988, 102 Stat. 4123. Pub. L. 100-227, title I, Sec. 101(b), Dec. 31, 1987, 101 Stat. 1553. Pub. L. 99-576, title I, Sec. 101(b), Oct. 28, 1986, 100 Stat. 3251. Pub. L. 99-238, title I, Sec. 101(b), Jan. 13, 1986, 99 Stat. 1766. Pub. L. 98-543, title I, Sec. 101(b), Oct. 24, 1984, 98 Stat. 2736. Pub. L. 98-223, title I, Sec. 101(b), Mar. 2, 1984, 98 Stat. 38. Pub. L. 97-306, title I, Sec. 101(b), Oct. 14, 1982, 96 Stat. 1430. Pub. L. 97-66, title I, Sec. 101(b), Oct. 17, 1981, 95 Stat. 1027. Pub. L. 96-385, title I, Sec. 101(b), Oct. 7, 1980, 94 Stat. 1529. Pub. L. 96-128, title I, Sec. 101(b), Nov. 28, 1979, 93 Stat. 983. Pub. L. 95-479, title I, Sec. 101(e), Oct. 18, 1978, 92 Stat. 1562. Pub. L. 95-117, title I, Sec. 101(b), Oct. 3, 1977, 91 Stat. 1063. Pub. L. 94-433, title I, Sec. 101(b), Sept. 30, 1976, 90 Stat. 1374. Pub. L. 94-71, title I, Sec. 101(b), Aug. 5, 1975, 89 Stat. 395. Pub. L. 93-295, title I, Sec. 101(b), May 31, 1974, 88 Stat. 181. Pub. L. 92-328, title I, Sec. 101(b), June 30, 1972, 86 Stat. 393. Pub. L. 91-376, Sec. 1(b), Aug. 12, 1970, 84 Stat. 788. Pub. L. 90-493, Sec. 1(b), Aug. 19, 1968, 82 Stat. 809. Pub. L. 89-311, Sec. 1(b), Oct. 31, 1965, 79 Stat. 1154. Pub. L. 87-645, Sec. 1(b), Sept. 7, 1962, 76 Stat. 441. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 315, 334, 617, 1508, 3113, 3203 of this title. ------DocID 42744 Document 98 of 965------ -CITE- 38 USC Sec. 315 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 315. Additional compensation for dependents -STATUTE- Any veteran entitled to compensation at the rates provided in section 314 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, $92; (B) has a spouse and one or more children, $155 plus $48 for each child in excess of one; (C) has no spouse but one or more children, $64 plus $48 for each child in excess of one; (D) has a parent dependent upon such veteran for support, then, in addition to the above amounts, $74 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 $169 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 $142 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1121; Pub. L. 86-499, Sec. 1, June 8, 1960, 74 Stat. 165; Pub. L. 89-137, Sec. 1(b), Aug. 26, 1965, 79 Stat. 576; Pub. L. 89-311, Sec. 2(a), (b), Oct. 31, 1965, 79 Stat. 1154, 1155; Pub. L. 91-376, Sec. 2, Aug. 12, 1970, 84 Stat. 788; Pub. L. 92-328, title I, Sec. 102, June 30, 1972, 86 Stat. 394; Pub. L. 93-295, title I, Sec. 102, May 31, 1974, 88 Stat. 181; Pub. L. 94-71, title I, Sec. 102, Aug. 5, 1975, 89 Stat. 396; Pub. L. 94-433, title I, Sec. 102, title IV, Sec. 404(9)-(11), Sept. 30, 1976, 90 Stat. 1375, 1378; Pub. L. 95-117, title I, Sec. 102, Oct. 3, 1977, 91 Stat. 1064; Pub. L. 95-479, title I, Sec. 102, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96-128, title I, Sec. 102, Nov. 28, 1979, 93 Stat. 983; Pub. L. 96-385, title I, Sec. 102, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 97-66, title I, Sec. 102, Oct. 17, 1981, 95 Stat. 1027; Pub. L. 97-253, title IV, Sec. 404(b), 405(c), Sept. 8, 1982, 96 Stat. 803; Pub. L. 97-306, title I, Sec. 102, 107, Oct. 14, 1982, 96 Stat. 1430, 1431; Pub. L. 98-223, title I, Sec. 102, Mar. 2, 1984, 98 Stat. 38; Pub. L. 98-543, title I, Sec. 102, Oct. 24, 1984, 98 Stat. 2736; Pub. L. 99-238, title I, Sec. 102, Jan. 13, 1986, 99 Stat. 1766; Pub. L. 99-576, title I, Sec. 102, Oct. 28, 1986, 100 Stat. 3251; Pub. L. 100-227, title I, Sec. 102, Dec. 31, 1987, 101 Stat. 1553; Pub. L. 100-687, div. B, title XI, Sec. 1102, Nov. 18, 1988, 102 Stat. 4123; Pub. L. 101-237, title I, Sec. 102, Dec. 18, 1989, 103 Stat. 2063.) -MISC1- AMENDMENTS 1989 - Par. (1)(A). Pub. L. 101-237, Sec. 102(1), substituted '$92' for '$88'. Par. (1)(B). Pub. L. 101-237, Sec. 102(2), substituted '$155' and '$48' for '$148' and '$46', respectively. Par. (1)(C). Pub. L. 101-237, Sec. 102(3), substituted '$64' and '$48' for '$61' and '$46', respectively. Par. (1)(D). Pub. L. 101-237, Sec. 102(4), substituted '$74' for '$71'. Par. (1)(E). Pub. L. 101-237, Sec. 102(5), substituted '$169' for '$161'. Par. (1)(F). Pub. L. 101-237, Sec. 102(6), substituted '$142' for '$136'. 1988 - Par. (1)(A). Pub. L. 100-687, Sec. 1102(1), substituted '$88' for '$85'. Par. (1)(B). Pub. L. 100-687, Sec. 1102(2), substituted '$148' and '$46' for '$143' and '$45', respectively. Par. (1)(C). Pub. L. 100-687, Sec. 1102(3), substituted '$61' and '$46' for '$59' and '$45', respectively. Par. (1)(D). Pub. L. 100-687, Sec. 1102(4), substituted '$71' for '$69'. Par. (1)(E). Pub. L. 100-687, Sec. 1102(5), substituted '$161' for '$155'. Par. (1)(F). Pub. L. 100-687, Sec. 1102(6), substituted '$136' for '$131'. 1987 - Par. (1)(A). Pub. L. 100-227, Sec. 102(1), substituted '$85' for '$82'. Par. (1)(B). Pub. L. 100-227, Sec. 102(2), substituted '$143' and '$45' for '$138' and '$44', respectively. Par. (1)(C). Pub. L. 100-227, Sec. 102(3), substituted '$59' and '$45' for '$57' and '$44', respectively. Par. (1)(D). Pub. L. 100-227, Sec. 102(4), substituted '$69' for '$67'. Par. (1)(E). Pub. L. 100-227, Sec. 102(5), substituted '$155' for '$149'. Par. (1)(F). Pub. L. 100-227, Sec. 102(6), substituted '$131' for '$126'. 1986 - Par. (1)(A). Pub. L. 99-576, Sec. 102(1), substituted '$82' for '$81'. Pub. L. 99-238, Sec. 102(1), substituted '$81' for '$79'. Par. (1)(B). Pub. L. 99-576, Sec. 102(2), substituted '$138' and '$44' for '$136' and '$43', respectively. Pub.L. 99-238, Sec. 102(2), substituted '$136' and '$43' for '$132' and '$42', respectively. Par. (1)(C). Pub. L. 99-576, Sec. 102(3), substituted '$57' and '$44' for '$56' and '$43', respectively. Pub. L. 99-238, Sec. 102(3), substituted '$56' and '$43' for '$54' and '$42', respectively. Par. (1)(D). Pub. L. 99-576, Sec. 102(4), substituted '$67' for '$66'. Pub. L. 99-238, Sec. 102(4), substituted '$66' for '$64'. Par. (1)(E). Pub. L. 99-576, Sec. 102(5), substituted '$149' for '$147'. Pub. L. 99-238, Sec. 102(5), substituted '$147' for '$143'. Par. (1)(F). Pub. L. 99-576, Sec. 102(6), substituted '$126' for '$124'. Pub. L. 99-238, Sec. 102(6), substituted '$124' for '$120'. 1984 - Pub. L. 98-223, Sec. 102(b), substituted 'percent' for 'per centum' in provision preceding par. (1). Par. (1)(A). Pub. L. 98-543, Sec. 102(1), substituted '$79' for '$77'. Pub. L. 98-223, Sec. 102(a)(1), substituted '$77' for '$74'. Par. (1)(B). Pub. L. 98-543, Sec. 102(2), substituted '$132' and '$42' for '$128' and '$41', respectively. Pub. L. 98-223, Sec. 102(a)(2), substituted '$128' and '$41' for '$124' and '$40', respectively. Par. (1)(C). Pub. L. 98-543, Sec. 102(3), substituted '$54' and '$42' for '$52' and '$41', respectively. Pub. L. 98-223, Sec. 102(a)(3), substituted '$52' and '$41' for '$50' and '$40', respectively. Par. (1)(D). Pub. L. 98-543, Sec. 102(4), substituted '$64' for '$62'. Pub. L. 98-223, Sec. 102(a)(4), substituted '$62' for '$60'. Par. (1)(E). Pub. L. 98-543, Sec. 102(5), substituted '$143' for '$139'. Pub. L. 98-223, Sec. 102(a)(5), substituted '$139' for '$134'. Par. (1)(F). Pub. L. 98-543, Sec. 102(6), substituted '$120' for '$116'. Pub. L. 98-223, Sec. 102(a)(6), substituted '$116' for '$112'. Par. (2). Pub. L. 98-223, Sec. 102(b), substituted 'percent' for 'per centum'. 1982 - Par. (1)(A). Pub. L. 97-306, Sec. 102(1), added subpar. (A) and struck out former subpar. (A) which provided $69 for a veteran with a spouse but no child living. Par. (1)(B). Pub. L. 97-306, Sec. 102(1), 107, 108, added subpar. (B), repealed amendment made by Pub. L. 97-253, Sec. 405(c)(1), eff. Oct. 1, 1982, and struck out former subpar. (B) which provided $116 for a veteran with a spouse and one child living. Pub. L. 97-253, Sec. 405(c)(1), (h), eff. Jan. 1, 1983, substituted '$115' for '$116'. Par. (1)(C). Pub. L. 97-306, Sec. 102(1), added subpar. (C) and struck out former subpar. (C) which provided $153 for a veteran with a spouse and two children living. Par. (1)(D). Pub. L. 97-306, Sec. 102(1)-(3), 107, 108, redesignated subpar. (H) as (D), in subpar. (D) as so redesignated, substituted '$60' for '$56', struck out former subpar. (D) which provided $192 for a veteran with a spouse and three or more children living (plus $38 for each living child in excess of three), and repealed amendment made by Pub. L. 97-253, Sec. 405(c)(2), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(c)(2), (h), eff. Jan. 1, 1983, substituted '$37' for '$38' after 'plus'. Par. (1)(E). Pub. L. 97-306, Sec. 102(1), (2), (4), redesignated subpar. (I) as (E), substituted '$134' for '$125', and struck out former subpar. (E) which provided $47 for a veteran with no spouse but one child living. Par. (1)(F). Pub. L. 97-306, Sec. 102(1), (2), (5), redesignated subpar. (J) as (F), substituted '$112' for '$105', and struck out former subpar. (F) which provided $86 for a veteran with no spouse but two children living. Par. (1)(G). Pub. L. 97-306, Sec. 102(1), 107, 108, struck out subpar. (G) which provided $123 for a veteran with no spouse but three or more children living (plus $38 for each living child in excess of three), and repealed amendment made by Pub. L. 97-253, Sec. 405(c)(3), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(c)(3), (h), eff. Jan. 1, 1983, substituted '$37' for '$38' after 'plus'. Par. (1)(H) to (J). Pub. L. 97-306, Sec. 102(2), redesignated subpars. (H), (I), and (J) as (D), (E), and (F), respectively. Par. (2). Pub. L. 97-253, Sec. 404(b), substituted provisions that the amounts payable under this paragraph, if not a multiple of $1, be rounded down to the nearest dollar for provisions that such amounts would be adjusted upward or downward to the nearest dollar, counting fifty cents and over as a whole dollar. 1981 - Par. (1)(A) to (J). Pub. L. 97-66 increased compensation figures as follows: in subpar. (A) from $62 to $69, in subpar. (B) from $104 to $116, in subpar. (C) from $138 to $153, in subpar. (D) from $173 to $192 and from $34 to $38, in subpar. (E) from $42 to $47, in subpar. (F) from $77 to $86, in subpar (G) from $111 to $123 and from $34 to $38, in subpar. (H) from $50 to $56, in subpar. (I) from $112 to $125, and in subpar. (J) from $94 to $105. 1980 - Par. (1)(A) to (J). Pub. L. 96-385, Sec. 102(1)-(10), increased additional compensation in subpar. (A) from $54 to $62, in subpar. (B) from $91 to $104, in subpar. (C) from $121 to $138, in subpar. (D) from $151 and $30 to $173 and $34, respectively, in subpar. (E) from $37 to $42, in subpar. (F) from $67 to $77, in subpar. (G) from $97 and $30 to $111 and $34, respectively, in subpar. (H) from $44 to $50, in subpar. (I) from $98 to $112, and in subpar. (J) from $82 to $94. 1979 - Par. (1)(A) to (H). Pub. L. 96-128, Sec. 102(a)(1)-(8), increased additional compensation in subpar. (A) from $49 to $54, in subpar. (B) from $83 to $91, in subpar. (C) from $110 to $121, in subpar. (D) from $137 and $27 to $151 and $30, respectively, in subpar. (E) from $34 to $37, in subpar. (F) from $61 to $67, in subpar. (G) from $88 and $27 to $97 and $30, respectively, and in subpar. (H) from $40 to $44. Par. (1)(I). Pub. L. 96-128, Sec. 102(a)(9), (b)(1)(A), substituted 'paragraph' for 'subsection', '(i)' for '(1)', '(ii)' for '(2)', '$98' for '$89', and 'section' for 'subsection'. Par. (1)(J). Pub. L. 96-128, Sec. 102(a)(10), (b)(1)(B), substituted 'paragraph' for 'subsection', '$82' for '$75', and 'section' for 'subsection'. Par. (2). Pub. L. 96-128, Sec. 102(b)(2), inserted 'of this section' after '(1)'. 1978 - Pub. L. 95-479, Sec. 102(b), substituted '30 per centum' for '50 per centum' in provisions preceding par. (1). Par. (1). Pub. L. 95-479, Sec. 102(a), substituted $49 for $46 in subpar. (A), $83 for $77 in subpar. (B), $110 for $98 in subpar. (C), $137 and $27 for $120 and $22, respectively, in subpar. (D), $34 for $30 in subpar. (E), $61 for $52 in subpar. (F), $88 and $27 for $77 and $22, respectively, in subpar. (G), $40 for $37 in subpar. (H), $89 for $83 in subpar. (I), and $75 for $70 in subpar. (J). Par. (2). Pub. L. 95-479, Sec. 102(b), substituted '30 per centum' for '50 per centum'. 1977 - Par. (1). Pub. L. 95-117 substituted $46 for $43 in subpar. (A), $77 for $72 in subpar. (B), $98 for $92 in subpar. (C), $120 and $22 for $113 and $21, respectively, in subpar. (D), $30 for $28 in subpar. (E), $52 for $49 in subpar. (F), $77 and $22 for $72 and $21, respectively, in subpar. (G), $37 for $35 in subpar. (H), $83 for $78 in subpar. (I), and $70 for $66 in subpar. (J). 1976 - Par. (1). Pub. L. 94-433, Sec. 102, substituted $43 for $40 in subpar. (A), $72 for $67 in subpar. (B), $92 for $85 in subpar. (C), $113 and $21 for $105 and $19, respectively, in subpar. (D), $28 for $26 in subpar. (E), $49 for $45 in subpar. (F), $72 and $21 for $67 and $19, respectively, in subpar. (G), $35 for $32 in subpar. (H), added subpar. (I), and substituted $66 for $61 in subpar. (J), formerly (I), but redesignated (J). Pub. L. 94-433, Sec. 404(9), (10), substituted 'spouse' for 'wife' in subpars. (A) through (G) and 'parent dependent upon such veteran' for 'mother or father, either or both dependent upon him' in subpar. (H). Par. (2). Pub. L. 94-433, Sec. 404(11), struck out 'his' before 'disability bears'. 1975 - Par. (1). Pub. L. 94-71 substituted $40 for $36 in subpar. (A), $67 for $61 in subpar. (B), $85 for $77 in subpar. (C), $105 and $19 for $95 and $17, respectively, in subpar. (D), $26 for $24 in subpar. (E), $45 for $41 in subpar. (F), $67 and $19 for $61 and $17, respectively, in subpar. (G), $32 for $29 in subpar. (H) and $61 for $55 in subpar. (I). 1974 - Par. (1). Pub. L. 93-295 substituted $36 for $31 in subpar. (A), $61 for $53 in subpar. (B), $77 for $67 in subpar. (C), $95 and $17 for $83 and $15, respectively, in subpar. (D), $24 for $21 in subpar. (E), $41 for $36 in subpar. (F), $61 and $17 for $53 and $15, respectively, in subpar. (G), $29 for $25 in subpar. (H), and $55 for $48 in subpar. (I). 1972 - Par. (1). Pub. L. 92-328 substituted $31 for $28 in subpar. (A), $53 for $48 in subpar. (B), $67 for $61 in subpar. (C), $83 and $15 for $75 and $14, respectively, in subpar. (D), $21 for $19 in subpar. (E), $36 for $33 in subpar. (F), $53 and $15 for $48 and $14, respectively, in subpar. (G), $25 for $23 in subpar. (H), and $48 for $44 in subpar. (I). 1970 - Par. (1). Pub. L. 91-376 substituted $28 for $25 in subpar. (A), $48 for $43 in subpar. (B), $61 for $55 in subpar. (C), $75 and $14 for $68 and $13, respectively, in subpar. (D), $19 for $17 in subpar. (E), $33 for $30 in subpar. (F), $48 and $14 for $43 and $13, respectively, in subpar. (G), $23 for $21 in subpar. (H), and $44 for $40 in subpar. (I). 1965 - Par. (1). Pub. L. 89-311 substituted $25 for $23 in subpar. (A), $43 for $39 in subpar. (B), $55 for $50 in subpar. (C), $68 and $13 for $62 and $12 respectively in subpar. (D), $17 for $15 in subpar. (E), $30 for $27 in subpar. (F), $43 and $13 for $39 and $12 respectively in subpar. (G), and $21 for $19 in subpar. (H), and added subpar. (I). Pub. L. 89-137 struck out subsec. (b) which prohibited payment of the additional compensation to any veteran during any period he is in receipt of an increased rate of subsistence allowance or education and training allowance on account of a dependent or dependents, and redesignated subsec. (a) as entire section. 1960 - Subsec. (a). Pub. L. 86-499 authorized payment of $12 for each living child in excess of three. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-237 effective Dec. 1, 1989, see section 106 of Pub. L. 101-237, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section 1106 of Pub. L. 100-687, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section 107 of Pub. L. 100-227, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective Dec. 1, 1986, as a result of a determination under section 415(i) of Title 42, see section 107 of Pub. L. 99-576, set out as a note under section 314 of this title. Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section 107 of Pub. L. 99-238, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1984 AMENDMENTS Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section 107 of Pub. L. 98-543, set out as a note under section 314 of this title. Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107 of Pub. L. 98-223, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1982 AMENDMENTS Amendments by section 102 of Pub. L. 97-306 effective Oct. 1, 1982, see section 108 of Pub. L. 97-306, set out as a note under section 314 of this title. Amendment by section 404(b) of Pub. L. 97-253 effective Oct. 1, 1982, see section 404(c) of Pub. L. 97-253, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section 701(a) of Pub. L. 97-66, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-385 applicable only to payments for months beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96-385, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section 601(a)(1) of Pub. L. 96-128, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95-479, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501 of Pub. L. 95-117, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section 301 of Pub. L. 94-71, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401 of Pub. L. 93-295, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-328 effective first day of second calendar month which begins after June 30, 1972, see section 301(a) of Pub. L. 92-328, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-376 effective July 1, 1970, see section 9 of Pub. L. 91-376, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1965 AMENDMENTS Amendment by Pub. L. 89-311 effective first day of second calendar month following Oct. 31, 1965, see section 9 of Pub. L. 89-311, set out as a note under section 314 of this title. Section 2 of Pub. L. 89-137 provided that: 'The foregoing provisions of this Act (amending this section and section 1504 of this title) shall become effective on the first day of the second calendar month which begins following the date of enactment of this Act (Aug. 26, 1965).' EFFECTIVE DATE OF 1960 AMENDMENT Section 2 of Pub. L. 86-499 provided that: 'The amendments made by this Act (amending this section) shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act (June 8, 1960).' REPEAL Section 405(c) of Pub. L. 97-253, cited as a credit to this section, was repealed by Pub. L. 97-306, Sec. 107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982. SAVINGS PROVISION Section 1(c) of Pub. L. 89-137 provided that: 'Any veteran-trainee receiving subsistence allowance on the date of the enactment of this Act (Aug. 26, 1965) while pursuing a course of vocational rehabilitation authorized by chapter 31 of title 38, United States Code (former section 1501 et seq. of this title), shall not have such allowance reduced by reason of the amendments contained in such Act (amending this section and former section 1504 of this title).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 335, 1504 of this title. ------DocID 42745 Document 99 of 965------ -CITE- 38 USC SUBCHAPTER III -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER III -HEAD- SUBCHAPTER III - WARTIME DEATH COMPENSATION -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 26 section 6334. ------DocID 42746 Document 100 of 965------ -CITE- 38 USC Sec. 321 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 321. Basic entitlement -STATUTE- 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 322 of this title. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122; Pub. L. 92-197, Sec. 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94-433, title IV, Sec. 404(12), Sept. 30, 1976, 90 Stat. 1378.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-433 substituted 'spouse' for 'widow'. 1971 - Pub. L. 92-197 struck out eligibility clause when the veteran died after April 30, 1957, under circumstances described in section 417(a) of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 411 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3113 of this title. ------DocID 42747 Document 101 of 965------ -CITE- 38 USC Sec. 322 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 322. Rates of wartime death compensation -STATUTE- (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. (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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122; Pub. L. 91-96, Sec. 7, Oct. 27, 1969, 83 Stat. 146; Pub. L. 91-588, Sec. 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 92-197, Sec. 9, Dec. 15, 1971, 85 Stat. 662; Pub. L. 93-295, title II, Sec. 204, May 31, 1974, 88 Stat. 183; Pub. L. 94-169, title II, Sec. 202, Dec. 23, 1975, 89 Stat. 1021; Pub. L. 94-432, title IV, Sec. 401, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 94-433, title IV, Sec. 404(13)-(17), Sept. 30, 1976, 90 Stat. 1378, 1379; Pub. L. 95-204, title III, Sec. 301, Dec. 2, 1977, 91 Stat. 1459.) -MISC1- AMENDMENTS 1977 - Subsec. (b). Pub. L. 95-204 substituted '$79' for '$74'. 1976 - Subsec. (a). Pub. L. 94-433, Sec. 404(13)-(16), substituted 'Surviving spouse' for 'Widow' in pars. (1) and (2); 'surviving spouse' for 'widow' in pars. (3), (4), and (5); 'parent' for 'mother or father' in par. (6); and 'Both dependent parents' for 'Dependent mother and father' in par. (7). Subsec. (b). Pub. L. 94-433, Sec. 404(17), substituted 'surviving spouse' for 'widow'. Pub. L. 94-432 substituted '$74' for '$69'. 1975 - Subsec. (b). Pub. L. 94-169 substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, '$69' for '$64'. 1974 - Subsec. (b). Pub. L. 93-295 substituted '$64' for '$55'. 1971 - Subsec. (b). Pub. L. 92-197 extended benefits to dependent parents under subsec. (a) of this section and increased the increase in benefits from $50 to $55. 1970 - Subsec. (b). Pub. L. 91-588 substituted '$55' for '$50'. 1969 - Pub. L. 91-96 designated existing provisions as subsec. (a) and added subsec. (b). EFFECTIVE DATE OF 1977 AMENDMENT Section 302 of Pub. L. 95-204 provided that: 'The provisions of this Act (amending this section and sections 415, 521, 541, 542, and 544 of this title, enacting provisions set out as a note under section 101 of this title, and amending provisions set out as a note under section 521 of this title) shall take effect January 1, 1978.' EFFECTIVE DATE OF 1976 AMENDMENTS Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section 405(b) of Pub. L. 94-432, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Section 202 of Pub. L. 94-169, as amended by section 101 of Pub. L. 94-432, eff. Sept. 30, 1976, provided that the amendment made by that section is effective Jan. 1, 1976. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401 of Pub. L. 93-295, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 411 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91-588, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-96 effective first day of second calendar month which begins after Oct. 27, 1969, see section 8 of Pub. L. 91-96, set out as a note under section 402 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 321, 342 of this title. ------DocID 42748 Document 102 of 965------ -CITE- 38 USC SUBCHAPTER IV -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 26 section 6334. ------DocID 42749 Document 103 of 965------ -CITE- 38 USC Sec. 331 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 331. Basic entitlement -STATUTE- 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122; Pub. L. 101-508, title VIII, Sec. 8052(a)(3), Nov. 5, 1990, 104 Stat. 1388-351.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-508 substituted 'a result of the veteran's own willful misconduct or abuse of alcohol or drugs' for 'the result of the veteran's own willful misconduct'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-508 effective with respect to claims filed after Oct. 31, 1990, see section 8052(b) of Pub. L. 101-508, set out as a note under section 105 of this title. -CROSS- CROSS REFERENCES Naval Reserves and Marine Corps Reserve, disability and death benefits, see section 6148 of Title 10, Armed Forces. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 332, 333, 334 of this title. ------DocID 42750 Document 104 of 965------ -CITE- 38 USC Sec. 332 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 332. Presumption of sound condition -STATUTE- For the purposes of section 331 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 337 of this title. ------DocID 42751 Document 105 of 965------ -CITE- 38 USC Sec. 333 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 333. Presumptions relating to certain diseases -STATUTE- (a) For the purposes of section 331 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 preventative 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. (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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 337 of this title. ------DocID 42752 Document 106 of 965------ -CITE- 38 USC Sec. 334 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 334. Rates of peacetime disability compensation -STATUTE- For the purposes of section 331 of this title, the compensation payable for the disability shall be that specified in section 314 of this title. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123; Pub. L. 92-328, title I, Sec. 108(a), June 30, 1972, 86 Stat. 396.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-328 substituted provisions that compensation payable for the disability be that specified in section 314 of this title, for provisions that compensation payable for the disability be equal to 80% of the compensation payable for such disability under section 314 of this title, adjusted upward or downward to the nearest dollar. EFFECTIVE DATE OF 1972 AMENDMENT Section 301(b) of Pub. L. 92-328 provided that: 'Section 108 (repealing section 336 of this title and amending this section and section 335 of this title) shall take effect on July 1, 1973.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 314, 335, 617 of this title. ------DocID 42753 Document 107 of 965------ -CITE- 38 USC Sec. 335 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 335. Additional compensation for dependents -STATUTE- Any veteran entitled to compensation at the rates provided in section 334 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 315 of this title. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123; Pub. L. 92-328, title I, Sec. 108(b), June 30, 1972, 86 Stat. 396; Pub. L. 98-543, title I, Sec. 112(a), Oct. 24, 1984, 98 Stat. 2740.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-543 substituted '30 percent' for '50 per centum'. 1972 - Pub. L. 92-328 substituted provisions that the veteran be entitled to additional monthly compensation for dependents as provided in section 315 of this title, for provisions that the veteran be entitled to additional monthly compensation for dependents equal to 80% of the additional compensation for dependents provided in section 315 of this title, and subject to the limitations thereof, and adjusted upward or downward to the nearest dollar. EFFECTIVE DATE OF 1984 AMENDMENT Section 112(b) of Pub. L. 98-543 provided that: 'The amendment made by subsection (a) (amending this section) shall take effect as of October 1, 1978.' EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-328 effective July 1, 1973, see section 301(b) of Pub. L. 92-328, set out as a note under section 334 of this title. ------DocID 42754 Document 108 of 965------ -CITE- 38 USC Sec. 336 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER IV -HEAD- (Sec. 336. Repealed. Pub. L. 92-328, title I, Sec. 108(c), June 30, 1972, 86 Stat. 396) -MISC1- Section, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, set forth the conditions under which wartime rates were payable to any veteran otherwise entitled to compensation under the provisions of this subchapter. EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1973, see section 301(b) of Pub. L. 92-328, set out as an Effective Date of 1972 Amendment note under section 334 of this title. ------DocID 42755 Document 109 of 965------ -CITE- 38 USC Sec. 337 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 337. Wartime presumptions for certain veterans -STATUTE- For the purposes of this subchapter and subchapter V of this chapter and notwithstanding the provisions of sections 332 and 333 of this subchapter, the provisions of sections 311, 312, and 313 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. -SOURCE- (Added Pub. L. 89-358, Sec. 7(a), Mar. 3, 1966, 80 Stat. 27, and amended Pub. L. 93-295, title II, Sec. 205, May 31, 1974, 88 Stat. 183.) -MISC1- AMENDMENTS 1974 - Pub. L. 93-295 substituted 'December 31, 1946' for 'January 31, 1955'. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401 of Pub. L. 93-295, set out as a note under section 314 of this title. ------DocID 42756 Document 110 of 965------ -CITE- 38 USC SUBCHAPTER V -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER V -HEAD- SUBCHAPTER V - PEACETIME DEATH COMPENSATION -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 337 of this title; title 26 section 6334. ------DocID 42757 Document 111 of 965------ -CITE- 38 USC Sec. 341 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER V -HEAD- Sec. 341. Basic entitlement -STATUTE- 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123; Pub. L. 92-197, Sec. 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94-433, title IV, Sec. 404(18), Sept. 30, 1976, 90 Stat. 1379.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-433 substituted 'spouse' for 'widow'. 1971 - Pub. L. 92-197 struck out eligibility clause when the veteran died after April 30, 1957, under circumstances described in section 417(a) of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 411 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 342, 3113 of this title. ------DocID 42758 Document 112 of 965------ -CITE- 38 USC Sec. 342 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER V -HEAD- Sec. 342. Rates of peacetime death compensation -STATUTE- For the purposes of section 341 of this title, the monthly rates of death compensation payable shall be those specified in section 322 of this title. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124; Pub. L. 93-295, title II, Sec. 206(a), May 31, 1974, 88 Stat. 183.) -MISC1- AMENDMENTS 1974 - Pub. L. 93-295 substituted 'those specified in section 322 of this title' for 'equal to 80 per centum of the rates prescribed by section 322 of this title, adjusted upward or downward to the nearest dollar, counting fifty cents and over as a whole dollar'. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401 of Pub. L. 93-295, set out as a note under section 314 of this title. ------DocID 42759 Document 113 of 965------ -CITE- 38 USC Sec. 343 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER V -HEAD- (Sec. 343. Repealed. Pub. L. 93-295, title II, Sec. 206(b), May 31, 1974, 88 Stat. 183) -MISC1- Section, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, prescribed conditions under which wartime rates of compensation were payable. EFFECTIVE DATE OF REPEAL Repeal effective May 1, 1974, see section 401 of Pub. L. 93-295, set out as an Effective Date of 1974 Amendment note under section 314 of this title. ------DocID 42760 Document 114 of 965------ -CITE- 38 USC SUBCHAPTER VI -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER VI -HEAD- SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 26 section 6334. ------DocID 42761 Document 115 of 965------ -CITE- 38 USC Sec. 351 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER VI -HEAD- Sec. 351. Benefits for persons disabled by treatment or vocational rehabilitation -STATUTE- Where any veteran shall have suffered an injury, or an aggravation of an injury, as the result of hospitalization, medical or surgical treatment, or the pursuit of a course of vocational rehabilitation under chapter 31 of this title, awarded under any of the laws administered by the Veterans' Administration, or as a result of having submitted to an examination under any such law, and not the result of such veteran's own willful misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, disability or death compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded in the same manner as if such disability, aggravation, or death were service-connected. 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, aggravation, 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, aggravation, or death becomes final until the aggregate amount of benefits which would be paid but for this sentence equals the total amount included in such judgment, settlement, or compromise. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124; Pub. L. 87-825, Sec. 3, Oct. 15, 1962, 76 Stat. 950; Pub. L. 91-24, Sec. 3, June 11, 1969, 83 Stat. 33; Pub. L. 94-433, title IV, Sec. 404(19), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98-223, title II, Sec. 213(1), Mar. 2, 1984, 98 Stat. 46.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-223 substituted 'title 28' for 'title 28, United States Code,' in two places. 1976 - Pub. L. 94-433 struck out 'him' before 'under any of the laws' and substituted 'such veteran's' for 'his' in first sentence. 1969 - Pub. L. 91-24 substituted ', on or after December 1, 1962,' for 'hereafter' wherever appearing. 1962 - Pub. L. 87-825 provided that where an individual is awarded a judgment under section 1346(b) of title 28, enters a settlement or compromise under section 2672 or 2677 of such title by reason of a disability, aggravation, or death treated pursuant to this section as if service-connected, then no benefits shall be paid such individual for any month beginning after such judgment, settlement or compromise becomes final until the aggregate amount of benefits equals the total amount included in such judgment, settlement, or compromise, and struck out provisions which required that no benefits were to be awarded unless application was made therefor within two years after an injury or aggravation was suffered, or a death occurred. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-825 effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87-825, set out as a note under section 110 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 610, 612, 3010, 3113 of this title. ------DocID 42762 Document 116 of 965------ -CITE- 38 USC Sec. 352 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER VI -HEAD- Sec. 352. Persons heretofore having a compensable status -STATUTE- 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124.) ------DocID 42763 Document 117 of 965------ -CITE- 38 USC Sec. 353 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER VI -HEAD- Sec. 353. Aggravation -STATUTE- 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124.) ------DocID 42764 Document 118 of 965------ -CITE- 38 USC Sec. 354 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER VI -HEAD- Sec. 354. Consideration to be accorded time, place and circumstances of service -STATUTE- (a) The Administrator 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. (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 Administrator 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124; Pub. L. 94-433, title IV, Sec. 404(20), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98-542, Sec. 4, Oct. 24, 1984, 98 Stat. 2727.) -REFTEXT- REFERENCES IN TEXT Section 5 of the Veterans' Dioxin and Radiation Exposure Compensation Standards Act, referred to in subsec. (a), is section 5 of Pub. L. 98-542, Oct. 24, 1984, 98 Stat. 2727, which is set out as a note below. -MISC2- AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-542 designated existing provisions as cl. (1) and added cl. (2). 1976 - Subsec. (a). Pub. L. 94-433 substituted 'such veteran's' for 'his' in three places and 'such veteran' for 'he'. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. IONIZING RADIATION REGISTRY Pub. L. 99-576, title II, Sec. 232, Oct. 28, 1986, 100 Stat. 3264, provided that: '(a) Establishment of Registry. - The Administrator 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 610(e)(1)(B) of title 38, United States Code, and who - '(A) applies for hospital or nursing home care from the Veterans' Administration 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 Veterans' Administration, 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 Veterans' Administration 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 610(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 the date of the enactment of this Act (Oct. 28, 1986), the Administrator 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 Administrator shall compile and consolidate - '(A) relevant information maintained by the Department of Veterans' Benefits and the Department of Medicine and Surgery of the Veterans' Administration; '(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 Veterans' Administration 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 Administrator 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 Veterans' Administration or Department of Defense, or (B) if such information is submitted by the veteran after the enactment of this Act (Oct. 28, 1986). '(e) Department of Defense Information. - The Secretary of Defense shall furnish to the Administrator such information maintained by the Department of Defense as the Administrator 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).' VETERANS' DIOXIN AND RADIATION EXPOSURE COMPENSATION STANDARDS; CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE Sections 1-3 of Pub. L. 98-542 provided that: 'SHORT TITLE 'Section 1. This Act (amending this section, enacting provisions set out as notes under this section, and amending provisions set out as notes under section 219 of this title) may be cited as the 'Veterans' Dioxin and Radiation Exposure Compensation Standards Act'. 'FINDINGS 'Sec. 2. 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 (see Tables for classifications), the Congress responded to that uncertainty by authorizing priority medical care at Veterans' Administration 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 (set out as notes under section 219 of this title), 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 (see Tables for classifications), the development of radioepidemiological tables setting forth the probabilities of causation between various cancers and exposure to radiation. '(5) There is some evidence that chloracne, porphyria cutanea tarda, and soft tissue sarcoma are associated with exposure to certain levels of dioxin as found in some herbicides and 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 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 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 disability compensation vary among the several branches of the Armed Forces, and no uniform minimum standards exist. '(11) The Veterans' Administration 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 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 claim, the benefit of the doubt in resolving each such issue shall be given to the claimant. 'PURPOSE 'Sec. 3. The purpose of this Act is to ensure that Veterans' Administration disability compensation is provided to veterans who were exposed during service in the Armed Forces in the Republic of Vietnam to a herbicide containing dioxin or 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).' REQUIREMENT FOR AND CONTENT OF REGULATIONS; ADVISORY COMMITTEE ON ENVIRONMENTAL STANDARDS; NUCLEAR RADIATION MATTERS INVOLVING OTHER AGENCIES Sections 5-7 of Pub. L. 98-542, as amended by Pub. L. 100-321, Sec. 2(c), May 20, 1988, 102 Stat. 486, provided that: 'REQUIREMENT FOR AND CONTENT OF REGULATIONS 'Sec. 5. (a) In carrying out the responsibilities of the Administrator of Veterans' Affairs under section 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 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 - '(A) in the Republic of Vietnam during the Vietnam era to a herbicide containing dioxin, or '(B) 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) (set out as a note above) 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 herbicides containing dioxin or of exposure to ionizing radiation. Those guidelines shall require that, in the evaluation of those studies, the Administrator 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 after receiving the advice of the appropriate panel 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 Administrator's evaluations made under subparagraph (B). '(2)(A)(i) In prescribing regulations under this section, the Administrator (after receiving the advice of the Advisory Committee and of the appropriate panel 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) (set out as a note above). 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 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 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) (set out as a note above) and any other disease with respect to which the Administrator finds (after receiving and considering the advice of the appropriate panel of the Scientific Council established under section 6(d)(2)) that there is sound scientific or medical evidence indicating - '(i) a connection to exposure to a herbicide containing dioxin, in the case of a veteran who was exposed to that herbicide during such veteran's service in the Republic of Vietnam during the Vietnam era, or '(ii) 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 herbicide or 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 a herbicide containing dioxin or to ionizing radiation from the detonation of a nuclear device may not be required to produce evidence 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 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 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 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. (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 fifteen members appointed by the Administrator of Veterans' Affairs after requesting and considering recommendations from veteran organizations, including - '(1) eleven individuals (of whom none may be members of the Armed Forces on active duty or employees of the Veterans' Administration 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 dioxin; '(B) three individuals who are recognized medical or scientific authorities in fields pertinent to understanding the health effects of exposure to ionizing radiation; and '(C) five individuals who are recognized medical or scientific authorities in fields, such as epidemiology and other scientific disciplines, pertinent to determining and assessing the health effects of exposure to dioxin or ionizing radiation in exposed populations; and '(2) four 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 dioxin or 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, or their designees. '(c) The Committee shall submit to the Administrator any recommendations it considers appropriate for administrative or legislative action. '(d)(1) The eleven 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 be divided into (A) an eight-member panel with responsibility for evaluating scientific studies relating to possible adverse health effects of exposure to dioxin, and (B) an eight-member panel with 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, and the Committees on Veterans' Affairs of the Senate and House of Representatives directly periodic reports on such findings and evaluations. '(e) The Administrator shall designate one of the members to chair the Committee and another member to chair the Council. '(f) The Administrator 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 shall provide administrative support services and fiscal support for the Committee. 'NUCLEAR RADIATION MATTERS INVOLVING OTHER AGENCIES 'Sec. 7. (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 disability compensation and dependency and indemnity compensation under chapters 11 (Sec. 301 et seq.) and 13 (Sec. 401 et seq.), 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, '(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 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 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 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, 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 compensation.' INTERIM BENEFITS FOR DISABILITY OR DEATH IN CERTAIN CASES Section 9 of Pub. L. 98-542 provided that: '(a)(1) In the case of a veteran - '(A) who served in the active military, naval, or air service in the Republic of Vietnam during the Vietnam era; and '(B) who has a disease described in subsection (b) that became manifest within one year after the date of the veteran's most recent departure from the Republic of Vietnam during that service, the Administrator shall (except as provided in subsection (c)) pay a monthly disability benefit to the veteran in accordance with this section. '(2) If a veteran described in paragraph (1) dies from the disease, the Administrator shall pay a monthly death benefit to the survivors of the veteran in accordance with this section. '(b) The diseases referred to in subsection (a) are chloracne and porphyria cutanea tarda. '(c) Benefits may not be paid under this section with respect to a disease occurring in a veteran - '(1) where there is affirmative evidence that the disease was not incurred by the veteran during service in the Republic of Vietnam during the Vietnam era; '(2) where there is affirmative evidence to establish that an intercurrent injury or disease which is a recognized cause of the disease was suffered by the veteran between the date of the veteran's most recent departure from the Republic of Vietnam during active military, naval, or air service and the onset of the disease; or '(3) if the Administrator determines, based on evidence in the veteran's service records and other records of the Department of Defense, that the veteran was not exposed to dioxin during active military, naval, or air service in the Republic of Vietnam during the Vietnam era. '(d)(1) A disability benefit payable to a veteran under this section for a disease described in subsection (b) shall be paid at the rate at which compensation would be payable under chapter 11 (Sec. 301 et seq.) of title 38, United States Code, to that veteran for the disability resulting from that disease if the disability were determined to be service-connected. '(2) A death benefit payable under this section to the survivors of a veteran shall be paid to such survivors based upon the eligibility requirements (other than the requirement that death be the result of a service-connected or compensable disability) and at the rates that are applicable to dependency and indemnity compensation under chapter 13 (Sec. 401 et seq.) of that title. '(e) A benefit may not be paid under this section with respect to a disease or the death of a veteran for any month for which compensation is payable to that veteran for that disease under chapter 11 (Sec. 301 et seq.) of title 38, United States Code, or for which dependency and indemnity compensation is payable for that death under chapter 13 (Sec. 401 et seq.) of such title. '(f) A disease establishing eligibility for a disability or death benefit under this section shall be treated for purposes of all other laws of the United States (other than chapters 11 (Sec. 301 et seq.) and 13 (Sec. 401 et seq.) of title 38, United States Code) as if such disease were service connected. The receipt of a disability benefit under this section shall be treated for purposes of all other laws of the United States as if such benefit were compensation under chapter 11 of such title, and the receipt of a death benefit under this section shall be treated for purposes of all other laws of the United States as if such benefit were dependency and indemnity compensation under chapter 13 of title 38, United States Code. '(g) For the purposes of this section: '(1) The term 'Administrator' means the Administrator of Veterans' Affairs. '(2) The term 'Vietnam era' means the period beginning on August 5, 1964, and ending on May 7, 1975. '(3) The term 'veteran' has the meaning given that term in paragraph (2) of section 101 of title 38, United States Code, and includes a person who died in the active military, naval, or air service. '(4) The terms 'service-connected' and 'active military, naval, or air service' have the meanings given those terms in paragraphs (16) and (24), respectively, of section 101 of title 38, United States Code. '(h)(1) This section takes effect as of October 1, 1984. No benefit may be paid under this section for a period before that date. '(2) No benefit may be paid under this section for a period after September 30, 1986.' ------DocID 42765 Document 119 of 965------ -CITE- 38 USC Sec. 355 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER VI -HEAD- Sec. 355. Authority for schedule for rating disabilities -STATUTE- The Administrator 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 Administrator shall from time to time readjust this schedule of ratings in accordance with experience. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125; Pub. L. 98-223, title I, Sec. 101(c), Mar. 2, 1984, 98 Stat. 38.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-223 substituted 'percent' for 'per centum' wherever appearing. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107 of Pub. L. 98-223, set out as a note under section 314 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 223, 4052, 4092 of this title. ------DocID 42766 Document 120 of 965------ -CITE- 38 USC Sec. 356 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER VI -HEAD- (Sec. 356. Repealed. Pub. L. 90-493, Sec. 4(a), Aug. 19, 1968, 82 Stat. 809) -MISC1- Section, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125, provided for a minimum rating for veterans with arrested tuberculosis. EFFECTIVE DATE OF REPEAL Section 4(b) of Pub. L. 90-493 provided that: 'The repeals made by subsection (a) of this section (repealing this section and subsec. (q) of section 314 of this title) 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.' ------DocID 42767 Document 121 of 965------ -CITE- 38 USC Sec. 357 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER VI -HEAD- Sec. 357. Combination of certain ratings -STATUTE- The Administrator 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125.) ------DocID 42768 Document 122 of 965------ -CITE- 38 USC Sec. 358 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER VI -HEAD- Sec. 358. Disappearance -STATUTE- Where a veteran receiving compensation under this chapter disappears, the Administrator may pay the compensation otherwise payable to the veteran to such spouse, children, and parents. Payments made to such veteran's 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125; Pub. L. 86-212, Sept. 1, 1959, 73 Stat. 436; Pub. L. 94-433, title IV, Sec. 404(21), Sept. 30, 1976, 90 Stat. 1379.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-433 struck out ', in his discretion,' after 'Administrator' and substituted 'such veteran's spouse' for 'his wife' and 'such spouse' for 'a wife'. 1959 - Pub. L. 86-212 substituted 'a veteran' for 'an incompetent veteran'. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. ------DocID 42769 Document 123 of 965------ -CITE- 38 USC Sec. 359 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER VI -HEAD- Sec. 359. Protection of service connection -STATUTE- 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 Administrator as the date on which the status commenced for rating purposes. -SOURCE- (Added Pub. L. 86-501, Sec. 1, June 10, 1960, 74 Stat. 195, and amended Pub. L. 87-825, Sec. 6, Oct. 15, 1962, 76 Stat. 950.) -MISC1- AMENDMENTS 1962 - Pub. L. 87-825 provided for computation of the period from the date the administrator determines as the date the status commenced for rating purposes. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-825 effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87-825, set out as a note under section 110 of this title. ------DocID 42770 Document 124 of 965------ -CITE- 38 USC Sec. 360 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER VI -HEAD- Sec. 360. Special consideration for certain cases of loss of paired organs or extremities -STATUTE- (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 service-connected 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 Administrator 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 amount of any such money received and the fair market value of any such property received. -SOURCE- (Added Pub. L. 87-610, Sec. 1, Aug. 28, 1962, 76 Stat. 406, and amended Pub. L. 89-311, Sec. 3(a), (b), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 94-433, title IV, Sec. 404(22), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98-160, title VII, Sec. 702(3), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 99-576, title I, Sec. 109(a)(1), Oct. 28, 1986, 100 Stat. 3253.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-576 amended section generally, substituting 'loss of paired organs or extremities' for 'blindness or bilateral kidney involvement or bilateral deafness' in section catchline. Prior to amendment, text of section read as follows: 'Where any veteran (1) has suffered blindness in one eye as a result of service-connected disability and has suffered blindness in the other eye as a result of non-service-connected disability not the result of such veteran's own willful misconduct, or (2) has suffered the loss or loss of use of one kidney as a result of service-connected disability, and has suffered severe involvement of the other kidney such as to cause total disability, as a result of non-service-connected disability not the result of such veteran's own willful misconduct, or (3) has suffered total deafness in one ear as a result of service-connected disability and has suffered total deafness in the other ear as the result of non-service-connected disability not the result of such veteran's own willful misconduct, the Administrator shall assign and pay to the veteran concerned the applicable rate of compensation under this chapter as if such veteran's blindness in both eyes or such bilateral kidney involvement were the result of service-connected disability.' 1983 - Pub. L. 98-160 substituted '(1) has suffered' for 'has suffered (1)'. 1976 - Pub. L. 94-433 substituted 'such veteran's' for 'his' wherever appearing. 1965 - Pub. L. 89-311 added cl. (3) referring to 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 his own willful misconduct, inserted reference to total deafness in both ears and, in section catchline, inserted reference to bilateral deafness. EFFECTIVE DATE OF 1986 AMENDMENT Section 109(c) of Pub. L. 99-576 provided that: '(1) Except as provided in paragraph (2), the amendments made by this section (amending this section and section 314 of this title) shall take effect on the date of the enactment of this Act (Oct. 28, 1986). '(2) In the case of an award of compensation for a disability described in clause (1), (2), (3), or (5) of subsection (a) of section 360 of title 38, United States Code, as amended by subsection (a) of this section, subsection (b) of such section shall apply only to awards of compensation made on or after the date of the enactment of this Act (Oct. 28, 1986).' EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-311 effective first day of second calendar month following Oct. 31, 1965, see section 9 of Pub. L. 89-311, set out as a note under section 314 of this title. ------DocID 42771 Document 125 of 965------ -CITE- 38 USC Sec. 361 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER VI -HEAD- Sec. 361. Payment of disability compensation in disability severance cases -STATUTE- 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 Veterans' Administration rating. -SOURCE- (Added Pub. L. 91-241, May 7, 1970, 84 Stat. 203, and amended Pub. L. 94-433, title IV, Sec. 404(23), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98-160, title VII, Sec. 702(4), Nov. 21, 1983, 97 Stat. 1009.) -MISC1- AMENDMENTS 1983 - Pub. L. 98-160 struck out 'United States Code,' after 'title 10,'. 1976 - Pub. L. 94-433 substituted 'such former member's' for 'his'. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. ------DocID 42772 Document 126 of 965------ -CITE- 38 USC Sec. 362 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER VI -HEAD- Sec. 362. Clothing allowance -STATUTE- The Secretary under regulations which the Secretary shall prescribe, shall pay a clothing allowance of $414 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 outergarments. -SOURCE- (Added Pub. L. 92-328, title I, Sec. 103(a), June 30, 1972, 86 Stat. 394, and amended Pub. L. 94-71, title I, Sec. 103, Aug. 5, 1975, 89 Stat. 396; Pub. L. 94-433, title III, Sec. 301, title IV, Sec. 404(24), Sept. 30, 1976, 90 Stat. 1377, 1379; Pub. L. 95-117, title III, Sec. 301, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95-479, title I, Sec. 103, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96-128, title I, Sec. 103, Nov. 28, 1979, 93 Stat. 984; Pub. L. 96-385, title I, Sec. 103, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 97-66, title I, Sec. 103, Oct. 17, 1981, 95 Stat. 1027; Pub. L. 97-253, title IV, Sec. 405(d), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97-306, title I, Sec. 103, 107, Oct. 14, 1982, 96 Stat. 1430, 1431; Pub. L. 98-223, title I, Sec. 103, Mar. 2, 1984, 98 Stat. 38; Pub. L. 98-543, title I, Sec. 103, Oct. 24, 1984, 98 Stat. 2736; Pub. L. 99-238, title I, Sec. 103, Jan. 13, 1986, 99 Stat. 1766; Pub. L. 99-576, title I, Sec. 103, Oct. 28, 1986, 100 Stat. 3251; Pub. L. 100-227, title I, Sec. 103, Dec. 31, 1987, 101 Stat. 1553; Pub. L. 100-687, div. B, title XI, Sec. 1103, Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101-237, title I, Sec. 103, 112, Dec. 18, 1989, 103 Stat. 2063, 2065.) -MISC1- AMENDMENTS 1989 - Pub. L. 101-237, Sec. 112, substituted 'Secretary under' for 'Administrator under' and 'Secretary shall' for 'Administrator shall', and substituted 'who - ' and pars. (1) and (2) for 'who because of disability which is compensable under the provisions of this chapter, wears or uses prosthetic or orthopedic appliance or appliances (including a wheelchair) which the Administrator determines tends to wear out or tear the clothing of such a veteran.' Pub. L. 101-237, Sec. 103, substituted '$414' for '$395'. 1988 - Pub. L. 100-687 substituted '$395' for '$380'. 1987 - Pub. L. 100-227 substituted '$380' for '$365'. 1986 - Pub. L. 99-576 substituted '$365' for '$360'. Pub. L. 99-238 substituted '$360' for '$349'. 1984 - Pub. L. 98-543 substituted '$349' for '$338'. Pub. L. 98-223 substituted '$338' for '$327'. 1982 - Pub. L. 97-306, Sec. 103, 107, 108, substituted '$327' for '$305' and repealed amendment made by Pub. L. 97-253, Sec. 405(d), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(d), (h), eff. Jan. 1, 1983, substituted '$304' for '$305' after 'clothing allowance of'. 1981 - Pub. L. 97-66 substituted '$305' for '$274'. 1980 - Pub. L. 96-385 substituted '$274' for '$240'. 1979 - Pub. L. 96-128 substituted '$240' for '$218'. 1978 - Pub. L. 95-479 substituted '$218' for '$203'. 1977 - Pub. L. 95-117 substituted '$203' for '$190'. 1976 - Pub. L. 94-433, Sec. 301, 404(24), substituted '$190' for '$175' and 'the Administrator shall prescribe' for 'he shall prescribe'. 1975 - Pub. L. 94-71 substituted $175 for $150. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 103 of Pub. L. 101-237 effective Dec. 1, 1989, see section 106 of Pub. L. 101-237, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section 1106 of Pub. L. 100-687, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section 107 of Pub. L. 100-227, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective Dec. 1, 1986, as a result of a determination under section 415(i) of Title 42, see section 107 of Pub. L. 99-576, set out as a note under section 314 of this title. Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section 107 of Pub. L. 99-238, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1984 AMENDMENTS Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section 107 of Pub. L. 98-543, set out as a note under section 314 of this title. Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107 of Pub. L. 98-223, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section 108 of Pub. L. 97-306, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section 701(a) of Pub. L. 97-66, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-385 applicable only to payments for months beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96-385, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section 601(a)(1) of Pub. L. 96-128, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95-479, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501 of Pub. L. 95-117, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section 301 of Pub. L. 94-71, set out as a note under section 314 of this title. EFFECTIVE DATE Section effective first day of second calendar month which begins after June 30, 1972, see section 301(a) of Pub. L. 92-328, set out as an Effective Date of 1972 Amendment note under section 314 of this title. REPEAL Section 405(d) of Pub. L. 97-253, cited as a credit to this section, was repealed by Pub. L. 97-306, Sec. 107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982. ------DocID 42773 Document 127 of 965------ -CITE- 38 USC Sec. 363 -EXPCITE- TITLE 38 PART II CHAPTER 11 SUBCHAPTER VI -HEAD- Sec. 363. Temporary program for trial work periods and vocational rehabilitation for certain veterans with total disability ratings -STATUTE- (a)(1) The disability rating of a qualified veteran who begins to engage in a substantially gainful occupation during the program period may not be reduced on the basis of the veteran having secured and followed a substantially gainful occupation unless the veteran maintains such an occupation for a period of 12 consecutive months. (2) For purposes of this section: (A) The term 'qualified veteran' means a veteran who has a service-connected disability, or service-connected 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 term 'program period' means the period beginning on February 1, 1985, and ending on January 31, 1992. (b) During the program period, the Administrator shall make counseling services described in section 1504(a)(2) of this title and placement and postplacement services described in section 1504(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 during the program period of a rating of total disability described in subsection (a)(2)(A) of this section to a veteran, the Administrator 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 Administrator shall offer the veteran the opportunity for an evaluation under section 1506(a) of this title. -SOURCE- (Added Pub. L. 98-543, title I, Sec. 111(a)(1), Oct. 24, 1984, 98 Stat. 2738, and amended Pub. L. 100-687, div. B, title XIII, Sec. 1301, Nov. 18, 1988, 102 Stat. 4127.) -MISC1- AMENDMENTS 1988 - Subsec. (a)(2)(B). Pub. L. 100-687, Sec. 1301(a), substituted '1992' for '1989'. Subsec. (c)(1). Pub. L. 100-687, Sec. 1301(b)(2), (3), substituted '(1) In' for '(1)(A) Except as provided in paragraph (4) of this subsection, in', redesignated cls. (i), (ii), and (iii) as subpars. (A), (B), and (C), respectively, and struck out former subpar. (B) which required that, after providing notice, Administrator arrange promptly for evaluation to determine whether achievement of vocational goal by veteran is feasible. Subsec. (c)(2). Pub. L. 100-687, Sec. 1301(b)(1), (3)(B), added par. (2) and struck out former par. (2) which related to failure of veteran to participate in evaluation, and reduction of disability rating. Subsec. (c)(3). Pub. L. 100-687, Sec. 1301(b)(1), struck out par. (3) which related to individualized written plan of vocational rehabilitation after completion of evaluation, and failure to pursue program of vocational rehabilitation described in such plan. Subsec. (c)(4). Pub. L. 100-687, Sec. 1301(b)(1), struck out par. (4) which read as follows: 'This subsection does not apply with respect to a veteran as to whom the Administrator determines that an evaluation of vocational rehabilitation potential or achievement of a vocational goal is not reasonably feasible.' INFORMATION; TEMPORARY PROGRAM; ADMINISTRATOR Section 111(b) of Pub. L. 98-543 provided that: '(1) Not later than April 1, 1985, the Administrator of Veterans' Affairs shall provide to each veteran described in paragraph (2) a statement providing - '(A) information explaining the provisions of section 363(b) of title 38, United States Code (as added by subsection (a)(1)); '(B) information explaining the purposes and availability of and eligibility for, and the procedures for pursuing, a vocational rehabilitation program under chapter 31 (Sec. 1500 et seq.) of such title; and '(C) a summary description of the scope of services and assistance available under that chapter. '(2)(A) A veteran to whom a statement is to be provided under paragraph (1) is a veteran who has a service-connected disability, or service-connected disabilities, not rated as total but who, as of January 31, 1985, has been awarded a rating of total disability by reason of a determination of inability to secure or follow a substantially gainful occupation as a result of such disability or disabilities. '(B) Notice under paragraph (1) need not be provided to a veteran who has a rating of total disability described in subparagraph (A) which is protected by the first sentence of section 110 of title 38, United States Code.' REPORT TO CONGRESSIONAL COMMITTEES; TRIAL PROGRAM Section 111(c) of Pub. L. 98-543, as amended by Pub. L. 99-576, title VII, Sec. 703(a)(2), Oct. 28, 1986, 100 Stat. 3303, provided that: 'Not later than April 15, 1988, the Administrator of Veterans' Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the results of the implementation of section 363 of title 38, United States Code (as added by subsection (a)(1)), during the three-year period beginning on February 1, 1985. The report shall include - '(1) information regarding - '(A) the number of veterans with a disability rating of total based on inability to secure or follow a substantially gainful occupation who during such period followed a substantially gainful occupation for a period of twelve consecutive months and the work experience of those veterans and their disability ratings after completing such twelve-month period and (if known) the number of veterans with such a rating who during the period covered by the report followed a substantially gainful occupation but did not maintain employment in it for a period of twelve consecutive months, '(B) the number of veterans who during the period covered by the report were provided with evaluations under subsection (c)(1)(B) of such section, '(C) the number of veterans provided such evaluations for whom a plan of vocational rehabilitation was formulated pursuant to such subsection, '(D) the number of veterans for whom such a plan was formulated who elected, and who did not elect, to pursue a vocational rehabilitation program, '(E) the extent to which those veterans who elected to pursue such a program completed the program, and '(F) the subsequent work experience and disability ratings of the veterans who were provided such evaluations; '(2) a tabulation of the reasons given by such veterans for not electing to pursue such a program by those who did not elect to pursue such a program; and '(3) the Administrator's assessment of the value (including the cost-effectiveness) and effect of such implementation and any recommendations of the Administrator for administrative and legislative action based on such results and assessment.' (Amendment by Pub. L. 99-576 effective as if included in the enactment of this note by Pub. L. 98-543, see section 703(c) of Pub. L. 99-576, set out as an Effective Date of 1986 Amendment note under section 413 of this title.) ------DocID 42774 Document 128 of 965------ -CITE- 38 USC CHAPTER 13 -EXPCITE- TITLE 38 PART II CHAPTER 13 -HEAD- CHAPTER 13 - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS -MISC1- SUBCHAPTER I - GENERAL Sec. 401. Definitions. 402. Determination of pay grade. (403. Repealed.) 404. Special provisions relating to surviving spouses. SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION 410. Deaths entitling survivors to dependency and indemnity compensation. 411. Dependency and indemnity compensation to a surviving spouse. 412. Benefits in certain cases of in-service or service-connected deaths. 413. Dependency and indemnity compensation to children. 414. Supplemental dependency and indemnity compensation to children. 415. Dependency and indemnity compensation to parents. 416. Dependency and indemnity compensation in cases of prior deaths. 417. Restriction on payments under this chapter. 418. Benefits for survivors of certain veterans rated totally disabled at time of death. SUBCHAPTER III - CERTIFICATIONS 421. Certifications with respect to pay grade. 422. Certifications with respect to social security entitlement. 423. Certifications by Administrator. AMENDMENTS 1988 - Pub. L. 100-687, div. B, title XIV, Sec. 1403(a)(2), Nov. 18, 1988, 102 Stat. 4130, added item 418. 1982 - Pub. L. 97-306, title I, Sec. 113(b)(2), Oct. 14, 1982, 96 Stat. 1432, struck out item 403 'Coverage of members of Reserve Officers' Training Corps'. 1976 - Pub. L. 94-433, Sec. 405(6), (8), Sept. 30, 1976, 90 Stat. 1379, substituted 'surviving spouses' for 'widows' in item 404 and 'surviving spouse' for 'widow' in item 411. 1969 - Pub. L. 91-96, Sec. 6, Oct. 27, 1969, 83 Stat. 145, substituted 'Determination of pay grade' for 'Computation of basic pay' in item 402 and 'Certifications with respect to pay grade' for 'Certifications with respect to basic pay' in item 421. UNIFORMED SERVICES, PROMOTION OF MEMBERS IN MISSING STATUS; EFFECTIVE DATE Provisions of section 552(a) of Title 37, Pay and Allowances of the Uniformed Services, for full effectiveness for all purposes of promotion of a member while in a missing status notwithstanding a determination of death before the making of the promotion effective as of Nov. 24, 1971, for the purposes of this chapter, see section 2 of Pub. L. 93-26, Apr. 27, 1973, 87 Stat. 26, set out as an Effective Date of 1973 Amendment note under section 552 of Title 37. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 101, 106, 107, 351, 2013, 3005, 3110, 3113 of this title; title 10 sections 1431, 1446; title 26 section 6334; title 31 section 3803. ------DocID 42775 Document 129 of 965------ -CITE- 38 USC SUBCHAPTER I -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL ------DocID 42776 Document 130 of 965------ -CITE- 38 USC Sec. 401 -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER I -HEAD- Sec. 401. Definitions -STATUTE- As used in this chapter - The term 'veteran' includes a person who died in the active military, naval, or air service. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1126; Pub. L. 91-24, Sec. 4(a), June 11, 1969, 83 Stat. 33; Pub. L. 91-96, Sec. 5, Oct. 27, 1969, 83 Stat. 145.) -MISC1- AMENDMENTS 1969 - Pub. L. 91-96 struck out par. (1) which defined 'basic pay'. Par. (1). Pub. L. 91-24 substituted 'sections 201, 202, 203, 204, 205, or 207 of title 37' for 'sections 232(a), 232(e), or 308 of Title 37'. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-96 effective first day of second calendar month which begins after Oct. 27, 1969, see section 8 of Pub. L. 91-96, set out as a note under section 402 of this title. COST-OF-LIVING INCREASES IN COMPENSATION RATES For limitation on increases in dependency and indemnity compensation payable under this chapter, see section 8005 of Pub. L. 101-508, set out as a note under section 301 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 409. ------DocID 42777 Document 131 of 965------ -CITE- 38 USC Sec. 402 -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER I -HEAD- Sec. 402. Determination of pay grade -STATUTE- (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 thereafter 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 Veterans' Administration, 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 Administrator. For the purposes of this chapter, such person shall be deemed to have been on active duty while performing such services. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1126; Pub. L. 86-492, June 8, 1960, 74 Stat. 161; Pub. L. 89-622, Sec. 1, Oct. 4, 1966, 80 Stat. 873; Pub. L. 91-96, Sec. 1, Oct. 27, 1969, 83 Stat. 144; Pub. L. 92-169, Sec. 2, Nov. 24, 1971, 85 Stat. 489; Pub. L. 94-433, title IV, Sec. 405(1)-(3), Sept. 30, 1976, 90 Stat. 1379.) -MISC1- AMENDMENTS 1976 - Subsec. (a). Pub. L. 94-433, Sec. 405(1), substituted 'such veteran's' for 'his' in two places. Subsec. (b). Pub. L. 94-433, Sec. 405(1), substituted 'such veteran's' for 'his' in introductory clause and items (1) and (2) and 'such veteran' for 'he' in item (2). Subsec. (c). Pub. L. 94-433, Sec. 405(2), substituted 'such veteran' for 'he'. Subsec. (d). Pub. L. 94-433, Sec. 405(2), substituted 'such veteran's surviving spouse' for 'his widow'. Subsec. (e). Pub. L. 94-433, Sec. 405(3), substituted 'such person's' for 'his' in two places and 'such person' for 'he'. 1971 - Subsec. (a). Pub. L. 92-169 provided, with regard to determination of veteran's pay grade at date of his death, that in the case of a promotion after death while the veteran is in a missing status, the pay grade determination date is the date of such promotion. 1969 - Pub. L. 91-96 substituted 'Determination of pay grade' for 'Computation of basic pay' in section catchline. Subsec. (a). Pub. L. 91-96 substituted provisions determining the pay grade of a veteran who died in the active service for provisions determining the basic pay of a veteran who died in the active service as that prescribed on Jan. 1, 1957, or on the date of his death (whichever is the later date) for a member of a uniformed service on active duty of the same rank and years of service. Subsec. (b). Pub. L. 91-96 substituted provisions determining the pay grade of a veteran who did not die in the active service for provisions determining the basic pay of a veteran who did not die in the active service as that prescribed on Jan. 1, 1957, or on the date of his death (whichever is the later date) for a member of a uniformed service on active duty of the same rank and years of service. Subsec. (c). Pub. L. 91-96 redesignated former subsec. (c)(1) as (c) and substituted 'pay grade' for 'basic pay' and 'assigned' for 'entitled'. Former subsec. (c)(2) redesignated (e). Subsec. (d). Pub. L. 91-96 substituted provisions determining the applicability of a higher pay grade of a veteran who had served six months or more in a pay grade higher than that specified in subsec. (a) or (b) for provisions determining the basic pay of a veteran who had served six months or more in a rank higher than that specified in the former provisions of subsec. (a) or (b). Subsec. (e). Pub. L. 91-96 redesignated former subsec. (c)(2) as (e), substituted 'pay grade' for 'basic pay', and struck out 'and years of service' after 'responsibilities'. 1966 - Subsec. (d). Pub. L. 89-622 substituted 'any subsequent discharge or release from active duty was under conditions other than dishonorable' for 'was so serving in such rank within one hundred and twenty days before death in the active military, naval, or air service or before last discharge or release from active duty under conditions other than dishonorable'. 1960 - Subsec. (d). Pub. L. 86-492 added subsec. (d). EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Section 3 of Pub. L. 92-169 provided that: 'For the purposes of chapter 13 of title 38, United States Code, this Act (amending this section and section 552 of this title) becomes effective upon the date of enactment (Nov. 24, 1971). For all other purposes this Act becomes effective as of February 28, 1961.' EFFECTIVE DATE OF 1969 AMENDMENT Section 8 of Pub. L. 91-96 provided that: 'This Act (amending this section and sections 322, 401, 403, 411, and 421 of this title) shall take effect on the first day of the second calendar month which begins after the date of enactment (Oct. 27, 1969).' EFFECTIVE DATE OF 1966 AMENDMENT Section 2 of Pub. L. 89-622 provided that: 'The amendment made by this Act (amending this section) shall take effect on the first day of the second calendar month after the date of enactment of this Act (Oct. 4, 1966).' ------DocID 42778 Document 132 of 965------ -CITE- 38 USC Sec. 403 -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER I -HEAD- (Sec. 403. Repealed. Pub. L. 97-306, title I, Sec. 113(b)(1), Oct. 14, 1982, 96 Stat. 1432) -MISC1- Section, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127; Pub. L. 91-96, Sec. 2, Oct. 27, 1969, 83 Stat. 144, defined Reserve Officer Training Corps annual training duty and authorized travel to and from such duty as active military service for the purposes of this chapter and section 722 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1982, with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated after Sept. 30, 1982, and Oct. 1, 1983, with respect to deaths and disabilities incurred or aggravated before Oct. 1, 1982, see section 113(d) of Pub. L. 97-306, as amended, set out as an Effective Date of 1982 Amendment note under section 101 of this title. ------DocID 42779 Document 133 of 965------ -CITE- 38 USC Sec. 404 -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER I -HEAD- Sec. 404. Special provisions relating to surviving spouses -STATUTE- 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 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127; Pub. L. 90-77, title I, Sec. 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-433, title IV, Sec. 405(4), (5), Sept. 30, 1976, 90 Stat. 1379.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-433, Sec. 405(4), (5), substituted 'surviving spouse', 'such surviving spouse', and 'such veteran' for 'widow', 'she', and 'him', respectively, in introductory clause and 'surviving spouses' for 'widows' in section catchline. 1967 - Pub. L. 90-77 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90-77, set out as a note under section 101 of this title. ------DocID 42780 Document 134 of 965------ -CITE- 38 USC SUBCHAPTER II -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER II -HEAD- SUBCHAPTER II - DEPENDENCY AND INDEMNITY COMPENSATION ------DocID 42781 Document 135 of 965------ -CITE- 38 USC Sec. 410 -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 410. Deaths entitling survivors to dependency and indemnity compensation -STATUTE- (a) When any veteran dies after December 31, 1956, from a service-connected or compensable disability, the Administrator 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127; Pub. L. 94-433, title IV, Sec. 405(7), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 95-479, title II, Sec. 204, Oct. 18, 1978, 92 Stat. 1564; Pub. L. 97-306, title I, Sec. 112(a), Oct. 14, 1982, 96 Stat. 1432; Pub. L. 100-687, div. B, title XIV, Sec. 1403(b), Nov. 18, 1988, 102 Stat. 4131.) -MISC1- AMENDMENTS 1988 - Subsecs. (b), (c). Pub. L. 100-687 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: '(1) Notwithstanding the provisions of subsection (a) of this section, when any veteran dies, not as the result of the veteran's own willful misconduct, if the veteran 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 that either (A) was continuously rated totally disabling for a period of ten or more years immediately preceding death, or (B) if so rated for a lesser period, was so rated continuously for a period of not less than five years from the date of such veteran's discharge or other release from active duty, the Administrator shall pay benefits under this chapter to the veteran's surviving spouse, if such surviving spouse was married to such veteran for not less than two years immediately preceding such veteran's death, and to such veteran's children, in the same manner as if the veteran's death were service connected. '(2) 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 paragraph (1) of this subsection, benefits under this chapter payable to such surviving spouse or child by virtue of this subsection 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. '(3) For purposes of sections 1448(d) and 1450(c) of title 10, eligibility for benefits under this chapter by virtue of this subsection shall be deemed eligibility for dependency and indemnity compensation under section 411(a) of this title.' 1982 - Subsec. (b)(1). Pub. L. 97-306 inserted 'or entitled to receive' after 'was in receipt of'. 1978 - Subsecs. (b), (c). Pub. L. 95-479 added subsec. (b) and redesignated former subsec. (b) as (c). 1976 - Subsec. (a). Pub. L. 94-433 substituted 'such veteran's surviving spouse' for 'his widow'. Subsec. (b). Pub. L. 94-433 substituted 'surviving spouse', 'such veteran', and 'such veteran's' for 'widow', 'he', and 'his', respectively. EFFECTIVE DATE OF 1982 AMENDMENT; RETROSPECTIVE PAYMENTS Section 112(b) of Pub. L. 97-306 provided that: '(1) The amendment made by subsection (a) (amending this section) shall take effect on October 1, 1982. '(2)(A) As soon as practicable after September 30, 1982, the Administrator of Veterans' Affairs shall pay an amount determined under subparagraph (B) to each person who would have been entitled to a payment under chapter 13 of title 38, United States Code, for any part of the period beginning on October 1, 1978, and ending on September 30, 1982, if the amendment made by subsection (a) (amending this section) had taken effect on October 1, 1978. '(B) The amount of any payment to a person under subparagraph (A) is the amount equal to the total of all payments under chapter 13 of title 38, United States Code, that would have been made to that person for the period described in such subparagraph if the amendment made by subsection (a) (amending this section) had taken effect on October 1, 1978.' EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95-479, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. DEPENDENCY AND INDEMNITY COMPENSATION PROGRAM Section 204 of Pub. L. 94-433 authorized Administrator of Veterans' Affairs to study dependency and indemnity compensation program authorized by this chapter in order to evaluate benefits provided by program and to determine whether, or to what extent, benefits should be based on military pay grade of person upon whose death entitlement is predicated, and required Administrator to submit to Congress and the President not later than Oct. 1, 1977, a report containing results of study together with Administrator's recommendations for improvement of program. STUDY BY ADMINISTRATOR OF DEPENDENCY AND INDEMNITY COMPENSATION CLAIMS Pub. L. 94-71, Sec. 204, Aug. 5, 1975, 89 Stat. 397, authorized Administrator of Veterans' Affairs to make a study of claims for dependency and indemnity compensation relating to veterans who at time of death during period Sept. 1, 1975 to Mar. 1, 1976 were receiving disability compensation based upon a total and permanent disability and required report to be submitted to Speaker of the House and President of the Senate no later than Oct. 1, 1976. Pub. L. 93-295, title II, Sec. 207, May 31, 1974, 88 Stat. 183, required Administrator to make a study of claims for dependency and indemnity compensation relating to veterans who, at time of death within six months of May 31, 1974, were receiving disability compensation, and to report to Speaker and President of the Senate no more than 30 days after the beginning of the 94th Congress. ------DocID 42782 Document 136 of 965------ -CITE- 38 USC Sec. 411 -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 411. Dependency and indemnity compensation to a surviving spouse -STATUTE- (a) Dependency and indemnity compensation shall be paid to a surviving spouse, based on the pay grade of the person upon whose death entitlement is predicated, at monthly rates set forth in the following table: Pay grade Monthly rate E-1 $564 E-2 581 E-3 597 E-4 634 E-5 651 E-6 666 E-7 698 E-8 737 E-9 (FOOTNOTE 1) 770 W-1 714 W-2 742 W-3 764 W-4 809 O-1 714 O-2 737 O-3 789 O-4 834 O-5 920 O-6 1,038 O-7 1,121 O-8 1,229 O-9 1,318 O-10 (FOOTNOTE 2) 1,446 (FOOTNOTE 1) If 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 402 of this title, the surviving spouse's rate shall be $831. (FOOTNOTE 2) If 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 402 of this title, the surviving spouse's rate shall be $1,550. (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 $65 for each such child. (c) The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by $169 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 $83 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127; Pub. L. 87-268, Sec. 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 88-21, Sec. 1, May 15, 1963, 77 Stat. 17; Pub. L. 88-134, Sec. 1, Oct. 5, 1963, 77 Stat. 223; Pub. L. 91-24, Sec. 4(b), June 11, 1969, 83 Stat. 33; Pub. L. 91-96, Sec. 3, Oct. 27, 1969, 83 Stat. 144; Pub. L. 91-588, Sec. 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 92-197, Sec. 1, Dec. 15, 1971, 85 Stat. 660; Pub. L. 92-455, Sec. 4, Oct. 2, 1972, 86 Stat. 761; Pub. L. 93-295, title II, Sec. 201, May 31, 1974, 88 Stat. 182; Pub. L. 94-71, title II, Sec. 201, Aug. 5, 1975, 89 Stat. 396; Pub. L. 94-433, title II, Sec. 201, Sept. 30, 1976, 90 Stat. 1375; Pub. L. 95-117, title II, Sec. 201, Oct. 3, 1977, 91 Stat. 1064; Pub. L. 95-479, title II, Sec. 201, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96-128, title II, Sec. 201, Nov. 28, 1979, 93 Stat. 984; Pub. L. 96-385, title II, Sec. 201, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 97-66, title II, Sec. 201, Oct. 17, 1981, 95 Stat. 1028; Pub. L. 97-253, title IV, Sec. 405(e), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97-306, title I, Sec. 104, 107, Oct. 14, 1982, 96 Stat. 1430, 1431; Pub. L. 98-223, title I, Sec. 104, Mar. 2, 1984, 98 Stat. 38; Pub. L. 98-543, title I, Sec. 104, Oct. 24, 1984, 98 Stat. 2736; Pub. L. 99-238, title I, Sec. 104, Jan. 13, 1986, 99 Stat. 1766; Pub. L. 99-576, title I, Sec. 104, Oct. 28, 1986, 100 Stat. 3251; Pub. L. 100-180, div. A, title XIII, Sec. 1314(d)((1)), Dec. 4, 1987, 101 Stat. 1176; Pub. L. 100-227, title I, Sec. 104, Dec. 31, 1987, 101 Stat. 1554; Pub. L. 100-687, div. B, title XI, Sec. 1104, Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101-237, title I, Sec. 104, Dec. 18, 1989, 103 Stat. 2063.) -MISC1- AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-237, Sec. 104(1), generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 101-237, Sec. 104(2), substituted '$65' for '$62'. Subsec. (c). Pub. L. 101-237, Sec. 104(3), substituted '$169' for '$161'. Subsec. (d). Pub. L. 101-237, Sec. 104(4), substituted '$83' for '$79'. 1988 - Subsec. (a). Pub. L. 100-687, Sec. 1104(1), generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 100-687, Sec. 1104(2), substituted '$62' for '$60'. Subsec. (c). Pub. L. 100-687, Sec. 1104(3), substituted '$161' for '$155'. Subsec. (d). Pub. L. 100-687, Sec. 1104(4), substituted '$79' for '$76'. 1987 - Subsec. (a). Pub. L. 100-227, Sec. 104(1), generally upgraded monthly rates for all pay grades. Pub. L. 100-180 inserted 'or Vice Chairman' in footnote 2 after table. Subsec. (b). Pub. L. 100-227, Sec. 104(2), substituted '$60' for '$58'. Subsec. (c). Pub. L. 100-227, Sec. 104(3), substituted '$155' for '$149'. Subsec. (d). Pub. L. 100-227, Sec. 104(4), substituted '$76' for '$73'. 1986 - Subsec. (a). Pub. L. 99-576, Sec. 104(1), generally upgraded monthly rates for all pay grades. Pub. L. 99-238, Sec. 104(1), generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 99-576, Sec. 104(2), substituted '$58' for '$57'. Pub. L. 99-238, Sec. 104(2), substituted '$57' for '$55'. Subsec. (c). Pub. L. 99-576, Sec. 104(3), substituted '$149' for '$147'. Pub. L. 99-238, Sec. 104(3), substituted '$147' for '$143'. Subsec. (d). Pub. L. 99-576, Sec. 104(4), substituted '$73' for '$72'. Pub. L. 99-238, Sec. 104(4), substituted '$72' for '$70'. 1984 - Subsec. (a). Pub. L. 98-543, Sec. 104(a), generally upgraded monthly rates for all pay grades. Pub. L. 98-223, Sec. 104(a), generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 98-543, Sec. 104(b), substituted '$55' for '$53'. Pub. L. 98-223, Sec. 104(b), substituted '$53' for '$51'. Subsec. (c). Pub. L. 98-543, Sec. 104(c), substituted '$143' for '$139'. Pub. L. 98-223, Sec. 104(c), substituted '$139' for '$134'. Subsec. (d). Pub. L. 98-543, Sec. 104(d), substituted '$70' for '$68'. Pub. L. 98-223, Sec. 104(d), substituted '$68' for '$66'. 1982 - Subsec. (a). Pub. L. 97-306, Sec. 104(a), 107, 108, generally upgraded monthly rates for all pay grades, and repealed amendments made by Pub. L. 97-253, Sec. 405(e)(1), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(e)(1), (h), eff. Jan. 1, 1983, lowered monthly rates for all grades and for positions mentioned in footnotes by $1, except for grades E-3 through E-7. Subsec. (b). Pub. L. 97-306, Sec. 104(b), 107, 108, substituted '$51' for '$48', and repealed amendment made by Pub. L. 97-253, Sec. 405(e)(2), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(e)(2), (h), eff. Jan. 1, 1983, substituted '$47' for '$48' after 'shall be increased by'. Subsec. (c). Pub. L. 97-306, Sec. 104(c), 107, 108, substituted '$134' for '$125', and repealed amendment made by Pub. L. 97-253, Sec. 405(e)(3), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(e)(3), (h), eff. Jan. 1, 1983, substituted '$124' for '$125'. Subsec. (d). Pub. L. 97-306, Sec. 104(d), 107, 108, substituted '$66' for '$62', and repealed amendment made by Pub. L. 97-253, Sec. 405(e)(4), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(e)(4), (h), eff. Jan. 1, 1983, substituted '$61' for '$62' after 'shall be increased by'. 1981 - Subsec. (a). Pub. L. 97-66, Sec. 201(a), generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 97-66, Sec. 201(b), increased from $43 to $48 monthly dependency and indemnity compensation rate for each child. Subsec. (c). Pub. L. 97-66, Sec. 201(c), increased monthly rate of compensation from $112 to $125. Subsec. (d). Pub. L. 97-66, Sec. 201(d), increased monthly rate of compensation from $56 to $62. 1980 - Subsec. (a). Pub. L. 96-385, Sec. 201(a), generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 96-385, Sec. 201(b), increased from $38 to $43 monthly dependency and indemnity compensation rate for each child. Subsec. (c). Pub. L. 96-385, Sec. 201(c), increased monthly rate of compensation from $98 to $112. Subsec. (d). Pub. L. 96-385, Sec. 201(d), increased monthly rate of compensation from $49 to $56. 1979 - Subsec. (a). Pub. L. 96-128, Sec. 201(a), generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 96-128, Sec. 201(b), increased from $35 to $38 monthly dependency and indemnity compensation rate for each child. Subsec. (c). Pub. L. 96-128, Sec. 201(c), increased monthly rate of compensation from $89 to $98. Subsec. (d). Pub. L. 96-128, Sec. 201(d), increased monthly rate from $45 to $49. 1978 - Subsec. (a). Pub. L. 95-479, Sec. 201(a), generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 95-479, Sec. 201(b), increased from $33 to $35 monthly dependency and indemnity compensation rate for each child. Subsec. (c). Pub. L. 95-479, Sec. 201(c), increased monthly rate of compensation from $83 to $89. Subsec. (d). Pub. L. 95-479, Sec. 201(d), added subsec. (d). 1977 - Subsec. (a). Pub. L. 95-117 generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 95-117 increased from $31 to $33 monthly dependency and indemnity compensation rate for each child. Subsec. (c). Pub. L. 95-117 increased monthly rate of compensation payable to a surviving spouse from $78 to $83. 1976 - Pub. L. 94-433 substituted 'surviving spouse' for 'widow' in section catchline. Subsec. (a). Pub. L. 94-433 substituted 'surviving spouse' for 'widow' and 'pay grade of the person upon whose death entitlement is predicated' for 'pay grade of her deceased husband' in text and 'surviving spouse's rate' for 'widow's rate' in footnotes 1 and 2 and generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 94-433 substituted 'surviving spouse' for 'widow' in two places and increased from $29 to $31 monthly dependency and indemnity compensation rate for each child. Subsec. (c). Pub. L. 94-433 substituted 'surviving spouse' and 'spouse' for 'widow' and 'she' and increased monthly rate of compensation payable from $72 to $78. 1975 - Subsec. (a). Pub. L. 94-71 generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 94-71 increased from $26 to $29 monthly dependency and indemnity compensation rate for each child. Subsec. (c). Pub. L. 94-71 increased monthly rate of compensation payable to a widow from $64 to $72. 1974 - Subsec. (a). Pub. L. 93-295 generally upgraded monthly rates for all pay grades. Subsec. (b). Pub. L. 93-295 increased from $22 to $26 monthly dependency and indemnity compensation rate for each child. Subsec. (c). Pub. L. 93-295 increased monthly rate of compensation payable to the widow from $55 to $64. 1972 - Subsec. (a). Pub. L. 92-455 substituted in footnote 1 of table 'chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard,' for 'chief master sergeant of the Air Force, or sergeant major of the Marine Corps,'. 1971 - Subsec. (a). Pub. L. 92-197 generally upgraded monthly rate for all pay grades. Subsec. (b). Pub. L. 92-197 increased dependency and indemnity compensation rate by $22 per month for each child from $20. Subsec. (c). Pub. L. 92-197 reenacted subsec. (c) without change. 1970 - Subsec. (c). Pub. L. 91-588 substituted '$55' for '$50'. 1969 - Subsec. (a). Pub. L. 91-96 substituted provisions setting forth dependency and indemnity compensation table based on the pay grade of the deceased husband for provisions that dependency and indemnity compensation was to be paid at a monthly rate equal to $120 plus 12 per centum of basic pay of the deceased husband. Subsec. (b). Pub. L. 91-96 substituted provisions which increased dependency and indemnity compensation rate by $20 per month for each child below the age of eighteen of a deceased veteran for provisions which increased dependency and indemnity compensation rate by $28 per month for each child of a deceased veteran in excess of one where there was a widow and two or more children below the age of eighteen and the total of monthly benefits they were receiving was less than a determined amount. Subsec. (c). Pub. L. 91-96 substituted provisions increasing dependency and indemnity compensation rate by $50 per month for widows that are patients in nursing homes, or are helpless or blind for provisions authorizing Administrator to increase to next highest dollar any fraction of a dollar payable under former subsecs. (a) and (b). Subsecs. (d) to (f). Pub. L. 91-96 struck out subsecs. (d) to (f) which provided for determination of amount of additional compensation payable to a widow under former provisions of subsec. (b). Subsec. (d)(3). Pub. L. 91-24 substituted 'section 228c-1(h)' for 'section 228c-1(i)'. 1963 - Subsec. (a). Pub. L. 88-134 increased from $112 to $120 the monthly rate of widow's dependency and indemnity compensation. Subsec. (b). Pub. L. 88-21 substituted '$28' for '$25'. 1961 - Subsec. (d)(1). Pub. L. 87-268 substituted 'section 412(a)' for 'section 412'. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-237 effective Dec. 1, 1989, see section 106 of Pub. L. 101-237, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section 1106 of Pub. L. 100-687, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section 107 of Pub. L. 100-227, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective Dec. 1, 1986, as a result of a determination under section 415(i) of Title 42, see section 107 of Pub. L. 99-576, set out as a note under section 314 of this title. Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section 107 of Pub. L. 99-238, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1984 AMENDMENTS Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section 107 of Pub. L. 98-543, set out as a note under section 314 of this title. Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107 of Pub. L. 98-223, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section 108 of Pub. L. 97-306, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section 701(a) of Pub. L. 97-66, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-385 applicable only to payments for months beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96-385, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section 601(a)(1) of Pub. L. 96-128, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95-479, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501 of Pub. L. 95-117, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section 301 of Pub. L. 94-71, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401 of Pub. L. 93-295, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Section 10 of Pub. L. 92-197 provided that: 'This Act (amending this section and sections 321, 322, 341, 413 to 415, 417 and 724 of this title and enacting provisions set out as note under section 417 of this title) shall take effect on January 1, 1972.' EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91-588, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-96 effective first day of second calendar month which begins after Oct. 27, 1969, see section 8 of Pub. L. 91-96, set out as a note under section 402 of this title. EFFECTIVE DATE OF 1963 AMENDMENTS Section 2 of Pub. L. 88-134 provided that: 'The amendment made by this Act (amending this section) shall take effect on the effective date of the Uniformed Services Pay Act of 1963 (effective Oct. 1, 1963; see Short Title note set out under section 201 of Title 37, Pay and Allowances of the Uniformed Services) or on January 1, 1964, whichever first occurs.' Section 5 of Pub. L. 88-21 provided that: 'The amendments made by this Act (amending this section and sections 413 to 415 of this title) shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act (May 15, 1963).' EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3 of Pub. L. 87-268, set out as a note under section 412 of this title. REPEAL Section 405(e) of Pub. L. 97-253, cited as a credit to this section, was repealed by Pub. L. 97-306, Sec. 107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982. SAVINGS PROVISION Section 13(a) of Pub. L. 88-132, Oct. 2, 1963, 77 Stat. 218, provided that: 'The enactment of this Act (see Short Title note under section 201 of Title 37, Pay and Allowances of the Uniformed Services) does not reduce the rate of dependency and indemnity compensation under section 411 of title 38, United States Code, that any person was receiving on the day before the effective date of this Act (Oct. 1, 1963) or which thereafter becomes payable for that day by reason of a subsequent determination.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 418, 3010 of this title; title 10 sections 1450, 1451, 1457. ------DocID 42783 Document 137 of 965------ -CITE- 38 USC Sec. 412 -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 412. Benefits in certain cases of in-service or service-connected deaths -STATUTE- (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; and (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 Administrator shall pay for such month 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. 201 (FOOTNOTE 1) 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 Administrator. (FOOTNOTE 1) So in original. Probably should be '401'. (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 Administrator shall pay dependency and indemnity compensation to such surviving spouse in an amount equal to such amount of pension. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128; Pub. L. 87-268, Sec. 1(a), Sept. 21, 1961, 75 Stat. 566; Pub. L. 89-466, June 22, 1966, 80 Stat. 217; Pub. L. 94-433, title IV, Sec. 405(9), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98-223, title II, Sec. 213(2), Mar. 2, 1984, 98 Stat. 46.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social Security Act is classified generally to subchapter II (Sec. 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Sections 214 and 202 of the Social Security Act are classified to sections 414 and 402 of Title 42, respectively. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. -MISC2- AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-223, Sec. 213(2), substituted 'section 214 of the Social Security Act (42 U.S.C. 414)' for 'section 414 of title 42' in par. (1), 'section 202 of the Social Security Act (42 U.S.C. 402)' for 'section 402 of title 42' in par. (3), and 'title II of the Social Security Act (42 U.S.C. 201 et seq.)' for 'subchapter II of chapter 7 of title 42' in provision following par. (3). 1976 - Subsec. (a). Pub. L. 94-433 substituted 'such veteran's' for 'his' in cls. (1) and (3) and in text following cl. (3) and 'such veteran' for 'he' in cl. (3). Subsec. (b). Pub. L. 94-433 substituted 'surviving spouse' for 'widow' wherever appearing. 1966 - Pub. L. 89-466 inserted 'to a widow who has children', 'to (1) such widow, or (2) such children if the widow were not entitled', and 'such widow'. 1961 - Pub. L. 87-268 designated existing provisions as subsec. (a) and added subsec. (b). EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. EFFECTIVE DATE OF 1961 AMENDMENT Section 3 of Pub. L. 87-268 provided that: 'The amendments made by this Act (amending this section and sections 107, 411, 415, 422, and 503 of this title and enacting provisions set out as notes under this section) shall take effect as of the first day of the first calendar month which begins after the date of its enactment (Sept. 21, 1961).' FILING OF APPLICATION FOR BENEFITS Section 2 of Pub. L. 87-268 provided that the increased pension benefits authorized by Pub. L. 87-268 were to be payable from the effective date of Pub. L. 87-268 to anyone receiving dependency and indemnity compensation on such date only if the application for such increased benefits were filed with the Veterans' Administration within one year from such date and evidence of entitlement were of record or received within one year from the date of request therefor. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 107, 415, 422 of this title. ------DocID 42784 Document 138 of 965------ -CITE- 38 USC Sec. 413 -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 413. Dependency and indemnity compensation to children -STATUTE- (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, $284; (2) two children, $409; (3) three children, $529; and (4) more than three children, $529, plus $105 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128; Pub. L. 88-21, Sec. 2, May 15, 1963, 77 Stat. 17; Pub. L. 89-730, Sec. 4, Nov. 2, 1966, 80 Stat. 1159; Pub. L. 91-262, Sec. 2, May 21, 1970, 84 Stat. 256; Pub. L. 92-197, Sec. 2, Dec. 15, 1971, 85 Stat. 660; Pub. L. 93-295, title II, Sec. 202, May 31, 1974, 88 Stat. 182; Pub. L. 94-71, title II, Sec. 202, Aug. 5, 1975, 89 Stat. 397; Pub. L. 94-433, title II, Sec. 202, Sept. 30, 1976, 90 Stat. 1376; Pub. L. 95-117, title II, Sec. 202, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95-479, title II, Sec. 202, Oct. 18, 1978, 92 Stat. 1563; Pub. L. 96-128, title II, Sec. 202, Nov. 28, 1979, 93 Stat. 985; Pub. L. 96-385, title II, Sec. 202, Oct. 7, 1980, 94 Stat. 1530; Pub. L. 97-66, title II, Sec. 202, 204(a), Oct. 17, 1981, 95 Stat. 1029; Pub. L. 97-253, title IV, Sec. 405(f), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97-306, title I, Sec. 105, 107, Oct. 14, 1982, 96 Stat. 1431; Pub. L. 98-223, title I, Sec. 105, Mar. 2, 1984, 98 Stat. 39; Pub. L. 98-543, title I, Sec. 105, Oct. 24, 1984, 98 Stat. 2737; Pub. L. 99-238, title I, Sec. 105, Jan. 13, 1986, 99 Stat. 1767; Pub. L. 99-576, title I, Sec. 105, title VII, Sec. 703(a)(1), Oct. 28, 1986, 100 Stat. 3252, 3302; Pub. L. 100-227, title I, Sec. 105, Dec. 31, 1987, 101 Stat. 1554; Pub. L. 100-687, div. B, title XI, Sec. 1105(a), Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101-237, title I, Sec. 105(a), Dec. 18, 1989, 103 Stat. 2064.) -COD- CODIFICATION Amendments by section 105 of Pub. L. 99-576, section 105 of Pub. L. 99-238, and section 105 of Pub. L. 98-223, which directed that cls. (1) to (4) of this section be amended, were executed by amending subsec. (a) of this section, as the probable intent of Congress, in view of subsec. (a) containing cls. (1) to (4). -MISC3- AMENDMENTS 1989 - Subsec. (a)(1). Pub. L. 101-237, Sec. 105(a)(1), substituted '$284' for '$271'. Subsec. (a)(2). Pub. L. 101-237, Sec. 105(a)(2), substituted '$409' for '$391'. Subsec. (a)(3). Pub. L. 101-237, Sec. 105(a)(3), substituted '$529' for '$505'. Subsec. (a)(4). Pub. L. 101-237, Sec. 105(a)(4), substituted '$529' and '$105' for '$505' and '$100', respectively. 1988 - Subsec. (a)(1). Pub. L. 100-687, Sec. 1105(a)(1), substituted '$271' for '$261'. Subsec. (a)(2). Pub. L. 100-687, Sec. 1105(a)(2), substituted '$391' for '$376'. Subsec. (a)(3). Pub. L. 100-687, Sec. 1105(a)(3), substituted '$505' for '$486'. Subsec. (a)(4). Pub. L. 100-687, Sec. 1105(a)(4), substituted '$505' and '$100' for '$486' and '$97', respectively. 1987 - Subsec. (a)(1). Pub. L. 100-227, Sec. 105(1), substituted '$261' for '$251'. Subsec. (a)(2). Pub. L. 100-227, Sec. 105(2), substituted '$376' for '$361'. Subsec. (a)(3). Pub. L. 100-227, Sec. 105(3), substituted '$486' for '$467'. Subsec. (a)(4). Pub. L. 100-227, Sec. 105(4), substituted '$486' and '$97' for '$467' and '$94', respectively. 1986 - Subsec. (a). Pub. L. 99-576, Sec. 703(a)(1), amended directory language of Pub. L. 98-543, Sec. 105. See 1984 Amendment notes below. Subsec. (a)(1). Pub. L. 99-576, Sec. 105(1), substituted '$251' for '$247'. Pub. L. 99-238, Sec. 105(1), substituted '$247' for '$240'. Subsec. (a)(2). Pub. L. 99-576, Sec. 105(2), substituted '$361' for '$356'. Pub. L. 99-238, Sec. 105(2), substituted '$356' for '$345'. Subsec. (a)(3). Pub. L. 99-576, Sec. 105(3), substituted '$467' for '$460'. Pub. L. 99-238, Sec. 105(3), substituted '$460' for '$446'. Subsec. (a)(4). Pub. L. 99-576, Sec. 105(4), substituted '$467' and '$94' for '$460' and '$93', respectively. Pub. L. 99-238, Sec. 105(4), substituted '$460' and '$93' for '$446' and '$90', respectively. 1984 - Subsec. (a)(1). Pub. L. 98-543, Sec. 105(1), as amended by Pub. L. 99-576, Sec. 703(a), substituted '$240' for '$233'. Pub. L. 98-223, Sec. 105(1), substituted '$233' for '$225'. Subsec. (a)(2). Pub. L. 98-543, Sec. 105(2), as amended by Pub. L. 99-576, Sec. 703(a), substituted '$345' for '$334'. Pub. L. 98-223, Sec. 105(2), substituted '$334' for '$323'. Subsec. (a)(3). Pub. L. 98-543, Sec. 105(3), as amended by Pub. L. 99-576, Sec. 703(a), substituted '$446' for '$432'. Pub. L. 98-223, Sec. 105(3), substituted '$432' for '$417'. Subsec. (a)(4). Pub. L. 98-543, Sec. 105(4), as amended by Pub. L. 99-576, Sec. 703(a), substituted '$446' and '$90' for '$432' and '$87', respectively. Pub. L. 98-223, Sec. 105(4), substituted '$432' and '$87' for '$417' and '$84', respectively. 1982 - Subsec. (a)(1). Pub. L. 97-306, Sec. 105(1), 107, 108, substituted '$225' for '$210', and repealed amendment made by Pub. L. 97-253, Sec. 405(f)(1), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(f)(1), (h), eff. Jan. 1, 1983, substituted '$209' for '$210'. Subsec. (a)(2). Pub. L. 97-306, Sec. 105(2), 107, 108, substituted '$323' for '$301', and repealed amendment made by Pub. L. 97-253, Sec. 405(f)(2), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(f)(2), (h), eff. Jan. 1, 1983, substituted '$300' for '$301'. Subsec. (a)(3). Pub. L. 97-306, Sec. 105(3), 107, 108, substituted '$417' for '$389', and repealed amendment made by Pub. L. 97-253, Sec. 405(f)(3), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(f)(3), (h), eff. Jan. 1, 1983, substituted '$388' for '$389'. Subsec. (a)(4). Pub. L. 97-306, Sec. 105(4), 107, 108, substituted '$417, plus $84' for '$389, plus $79', and repealed amendments made by Pub. L. 97-253, Sec. 405(f)(4), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(f)(4), (h), eff. Jan. 1, 1983, substituted '$388, plus $78' for '$389, plus $79'. 1981 - Pub. L. 97-66, Sec. 202, 204(a), designated existing provisions as subsec. (a) and, in subsec. (a) as so designated, substituted '$210', '$301', '$389', and '$79' for '$189', '$271', '$350', and '$71', respectively, in pars. (1), (2), (3), and (4). Subsec. (b). Pub. L. 97-66, Sec. 204(a), added subsec. (b). 1980 - Pub. L. 96-385 substituted '$189', '$271', '$350', '$350' and '$71' for '$165', '$237', '$306', '$306' and '$62', respectively, in pars. (1), (2), (3), and (4). 1979 - Pub. L. 96-128 substituted '$165', '$237', '$306', '$306' and '$62' for '$150', '$216', '$278', '278' and '$56', in pars. (1), (2), (3), and (4), respectively. 1978 - Pub. L. 95-479 substituted '$150', '$216', '$278', '$278' and '$56' for '$140', '$201', '$259', '$259' and '$52', in pars. (1), (2), (3), and (4), respectively. 1977 - Pub. L. 95-117 substituted '$140', '$201', '$259', '$259', and '$52' for '$131', '$189', '$243', '$243', and '$49', in pars. (1), (2), (3), and (4), respectively. 1976 - Pub. L. 94-433 substituted 'surviving spouse' for 'widow' in introductory text and $131, $189, $243, $243, and $49 for $121, $175, $225, $225, and $45 in pars. (1), (2), (3), and (4), respectively. 1975 - Pub. L. 94-71 substituted $121, $175, $225, $225 and $45 for $108, $156, $201, $201 and $40 in pars. (1), (2), (3) and (4), respectively. 1974 - Pub. L. 93-295 substituted '$108', '$156', '$201', '$201', and '$40' for '$92', '$133', '$172', '$172', and '$34', in pars. (1), (2), (3), and (4), respectively. 1971 - Pub. L. 92-197 substituted '$92', '$133', '$172', and '$172' and '$34' for '$88', '$127', '$164' and '164' and '$32', in pars. (1), (2), (3), and (4). respectively. 1970 - Pub. L. 91-262 substituted '$88', '$127', '$164', and '$164' and '$32', for '$80', '$115', '$149', and '$149' and '$29', in pars. (1), (2), (3), and (4), respectively. 1966 - Pub. L. 89-730 substituted '$80', '$115', '$149', and '$29', for '$77', '$110', '$143', and '$143' and '$28', in pars. (1), (2), (3), and (4), respectively. 1963 - Pub. L. 88-21 substituted '$77', '$110', '$143' and '28' for '$70', '$100', '$130' and '$25', in pars. (1), (2), (3), and (4), respectively. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-237 effective Dec. 1, 1989, see section 106 of Pub. L. 101-237, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section 1106 of Pub. L. 100-687, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section 107 of Pub. L. 100-227, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective Dec. 1, 1986, as a result of a determination under section 415(i) of Title 42, see section 107 of Pub. L. 99-576, set out as a note under section 314 of this title. Section 703(c) of Pub. L. 99-576 provided that: 'The amendments made by this section (amending this section and sections 524 and 525 of this title and amending provisions set out as a note under section 363 of this title) shall take effect as if included in the Veterans' Benefits Improvement Act of 1984 (Public Law 98-543).' Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section 107 of Pub. L. 99-238, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1984 AMENDMENTS Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section 107 of Pub. L. 98-543, set out as a note under section 314 of this title. Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107 of Pub. L. 98-223, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section 108 of Pub. L. 97-306, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section 701(a) of Pub. L. 97-66, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-385 applicable only to payments for months beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96-385, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section 601(a)(1) of Pub. L. 96-128, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95-479, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501 of Pub. L. 95-117, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section 301 of Pub. L. 94-71, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401 of Pub. L. 93-295, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 411 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Section 4 of Pub. L. 91-262 provided that: 'The amendments made by sections 2 and 3 of this Act (amending this section and section 414 of this title) shall become effective on the first day of the second calendar month following the month in which this Act is enacted (May 1970).' EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-730 effective first day of second calendar month following Nov. 2, 1966, see section 7(a) of Pub. L. 89-730, set out as a note under section 415 of this title. EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88-21 effective first day of second calendar month beginning after May 15, 1963, see section 5 of Pub. L. 88-21, set out as a note under section 411 of this title. REPEAL Section 405(f) of Pub. L. 97-253, cited as a credit to this section, was repealed by Pub. L. 97-306, Sec. 107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982. ------DocID 42785 Document 139 of 965------ -CITE- 38 USC Sec. 414 -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 414. Supplemental dependency and indemnity compensation to children -STATUTE- (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 $169. (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 self-support, 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 $284. (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 paid monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the surviving spouse, in the amount of $144. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128; Pub. L. 88-21, Sec. 3, May 15, 1963, 77 Stat. 17; Pub. L. 89-311, Sec. 2(c)(2), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 89-730, Sec. 5, Nov. 2, 1966, 80 Stat. 1159; Pub. L. 91-262, Sec. 3, May 21, 1970, 84 Stat. 256; Pub. L. 92-197, Sec. 3, Dec. 15, 1971, 85 Stat. 661; Pub. L. 93-295, title II, Sec. 203, May 31, 1974, 88 Stat. 183; Pub. L. 94-71, title II, Sec. 203, Aug. 5, 1975, 89 Stat. 397; Pub. L. 94-433, title II, Sec. 203, title IV, Sec. 405(10), Sept. 30, 1976, 90 Stat. 1376, 1380; Pub. L. 95-117, title II, Sec. 203, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95-479, title II, Sec. 203, Oct. 18, 1978, 92 Stat. 1563; Pub. L. 96-128, title II, Sec. 203, Nov. 28, 1979, 93 Stat. 985; Pub. L. 96-385, title II, Sec. 203, Oct. 7, 1980, 94 Stat. 1530; Pub. L. 97-66, title II, Sec. 203, Oct. 17, 1981, 95 Stat. 1029; Pub. L. 97-253, title IV, Sec. 405(g), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97-306, title I, Sec. 106, 107, Oct. 14, 1982, 96 Stat. 1431; Pub. L. 98-223, title I, Sec. 106, Mar. 2, 1984, 98 Stat. 39; Pub. L. 98-543, title I, Sec. 106, Oct. 24, 1984, 98 Stat. 2737; Pub. L. 99-238, title I, Sec. 106, Jan. 13, 1986, 99 Stat. 1767; Pub. L. 99-576, title I, Sec. 106, Oct. 28, 1986, 100 Stat. 3252; Pub. L. 100-227, title I, Sec. 106, Dec. 31, 1987, 101 Stat. 1555; Pub. L. 100-687, div. B, title XI, Sec. 1105(b), Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101-237, title I, Sec. 105(b), Dec. 18, 1989, 103 Stat. 2064.) -MISC1- AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-237, Sec. 105(b)(1), substituted '$169' for '$161'. Subsec. (b). Pub. L. 101-237, Sec. 105(b)(2), substituted '$284' for '$271'. Subsec. (c). Pub. L. 101-237, Sec. 105(b)(3), substituted '$144' for '$138'. 1988 - Subsec. (a). Pub. L. 100-687, Sec. 1105(b)(1), substituted '$161' for '$155'. Subsec. (b). Pub. L. 100-687, Sec. 1105(b)(2), substituted '$271' for '$261'. Subsec. (c). Pub. L. 100-687, Sec. 1105(b)(3), substituted '$138' for '$133'. 1987 - Subsec. (a). Pub. L. 100-227, Sec. 106(1), substituted '$155' for '$149'. Subsec. (b). Pub. L. 100-227, Sec. 106(2), substituted '$261' for '$251'. Subsec. (c). Pub. L. 100-227, Sec. 106(3), substituted '$133' for '$128'. 1986 - Subsec. (a). Pub. L. 99-576, Sec. 106(1), substituted '$149' for '$147'. Pub. L. 99-238, Sec. 106(1), substituted '$147' for '$143'. Subsec. (b). Pub. L. 99-576, Sec. 106(2), substituted '$251' for '$247'. Pub. L. 99-238, Sec. 106(2), substituted '$247' for '$240'. Subsec. (c). Pub. L. 99-576, Sec. 106(3), substituted '$128' for '$126'. Pub. L. 99-238, Sec. 106(3), substituted '$126' for '$122'. 1984 - Subsec. (a). Pub. L. 98-543, Sec. 106(1), substituted '$143' for '$139'. Pub. L. 98-223, Sec. 106(1), substituted '$139' for '$134'. Subsec. (b). Pub. L. 98-543, Sec. 106(2), substituted '$240' for '$233'. Pub. L. 98-223, Sec. 106(2), substituted '$233' for '$225'. Subsec. (c). Pub. L. 98-543, Sec. 106(3), substituted '$122' for '$118'. Pub. L. 98-223, Sec. 106(3), substituted '$118' for '$114'. 1982 - Subsec. (a). Pub. L. 97-306, Sec. 106(1), 107, 108, substituted '$134' for '$125', and repealed amendment made by Pub. L. 97-253, Sec. 405(g)(1), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(g)(1), (h), eff. Jan. 1, 1983, substituted '$124' for '$125'. Subsec. (b). Pub. L. 97-306, Sec. 106(2), 107, 108, substituted '$225' for '$210', and repealed amendment made by Pub. L. 97-253, Sec. 405(g)(2), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(g)(2), (h), eff. Jan. 1, 1983, substituted '$209' for '$210'. Subsec. (c). Pub. L. 97-306, Sec. 106(3), 107, 108, substituted '$114' for '$107', and repealed amendment made by Pub. L. 97-253, Sec. 405(g)(3), eff. Oct. 1, 1982. Pub. L. 97-253, Sec. 405(g)(3), (h), eff. Jan. 1, 1983, substituted '$106' for '$107'. 1981 - Subsec. (a). Pub. L. 97-66, Sec. 203(1), substituted '$125' for '$112'. Subsec. (b). Pub. L. 97-66, Sec. 203(2), substituted '$210' for '$189'. Subsec. (c). Pub. L. 97-66, Sec. 203(3), substituted '$107' for '$96'. 1980 - Subsec. (a). Pub. L. 96-385, Sec. 203(1), substituted '$112' for '$98'. Subsec. (b). Pub. L. 96-385, Sec. 203(2), substituted '$189' for '$165'. Subsec. (c). Pub. L. 96-385, Sec. 203(3), substituted '$96' for '$84'. 1979 - Subsec. (a). Pub. L. 96-128, Sec. 203(1), substituted '$98' for '$89'. Subsec. (b). Pub. L. 96-128, Sec. 203(2), substituted '$165' for '$150'. Subsec. (c). Pub. L. 96-128, Sec. 203(3), substituted '$84' for '$76'. 1978 - Subsec. (a). Pub. L. 95-479, Sec. 203(1), substituted '$89' for '$83'. Subsec. (b). Pub. L. 95-479, Sec. 203(2), substituted '$150' for '$140'. Subsec. (c). Pub. L. 95-479, Sec. 203(3), substituted '$76' for '$71'. 1977 - Subsec. (a). Pub. L. 95-117, Sec. 203(1), substituted '$83' for '$78'. Subsec. (b). Pub. L. 95-117, Sec. 203(2) substituted '$140' for '$131'. Subsec. (c). Pub. L. 95-117, Sec. 203(3), substituted '$71' for '$67'. 1976 - Subsec. (a). Pub. L. 94-433, Sec. 203(1), 405(10), substituted '$78' for '$72' and 'such child' for 'him'. Subsec. (b). Pub. L. 94-433, Sec. 203(2), 405(10), substituted '$131' for '$121' and 'person' for 'woman', 'surviving spouse' for 'widow' and 'such person's deceased spouse' for 'her deceased husband' wherever appearing. Subsec. (c). Pub. L. 94-433, Sec. 203(3), 405(10), substituted '$67' for '$62' and 'person' for 'woman', 'surviving spouse' for 'widow' and 'such person's deceased spouse' for 'her deceased husband' wherever appearing. 1975 - Subsec. (a). Pub. L. 94-71, Sec. 203(a), substituted '$72' for '$64'. Subsec. (b). Pub. L. 94-71, Sec. 203(b), substituted '$121' for '$108'. Subsec. (c). Pub. L. 94-71, Sec. 203(c), substituted '$62' for '$55'. 1974 - Subsec. (a). Pub. L. 93-295, Sec. 203(a), substituted '$64' for '55'. Subsec. (b). Pub. L. 93-295, Sec. 203(b), substituted '$108' for '$92'. Subsec. (c). Pub. L. 93-295, 203(c), substituted '$55' for '$47'. 1971 - Subsec. (a). Pub. L. 92-197, Sec. 3(a), substituted '$55' for '$32'. Subsec. (b). Pub. L. 92-197, Sec. 3(b), substituted '$92' for '$88'. Subsec. (c). Pub. L. 92-197, Sec. 3(c), substituted '$47' for '$45'. 1970 - Subsec. (a). Pub. L. 91-262, Sec. 3(a), substituted '$32' for '$29'. Subsec. (b). Pub. L. 91-262, Sec. 3(b), substituted '$88' for '$80'. Subsec. (c). Pub. L. 91-262, Sec. 3(c), substituted '$45' for '$41'. 1966 - Subsec. (a). Pub. L. 89-730, Sec. 5(1), substituted '$29' for '$28'. Subsec. (b). Pub. L. 89-730, Sec. 5(2), substituted '$80' for '$77'. Subsec. (c). Pub. L. 89-730, Sec. 5(3), substituted '41' for '39'. 1965 - Subsec. (c). Pub. L. 89-311 substituted 'twenty-three' for 'twenty-one'. 1963 - Subsec. (a). Pub. L. 88-21, Sec. 3(1), substituted '$28' for '$25'. Subsec. (b). Pub. L. 88-21, Sec. 3(2), substituted '$77' for '$70'. Subsec. (c). Pub. L. 88-21, Sec. 3(3), substituted '$39' for '$35'. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-237 effective Dec. 1, 1989, see section 106 of Pub. L. 101-237, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section 1106 of Pub. L. 100-687, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section 107 of Pub. L. 100-227, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective Dec. 1, 1986, as a result of a determination under section 415(i) of Title 42, see section 107 of Pub. L. 99-576, set out as a note under section 314 of this title. Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section 107 of Pub. L. 99-238, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1984 AMENDMENTS Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section 107 of Pub. L. 98-543, set out as a note under section 314 of this title. Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107 of Pub. L. 98-223, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section 108 of Pub. L. 97-306, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section 701(a) of Pub. L. 97-66, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-385 applicable only to payments for months beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96-385, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section 601(a)(1) of Pub. L. 96-128, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95-479, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501 of Pub. L. 95-117, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section 301 of Pub. L. 94-71, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401 of Pub. L. 93-295, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 411 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-262 effective first day of second calendar month following May 1970, see section 4 of Pub. L. 91-262, set out as a note under section 413 of this title. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-730 effective first day of second calendar month following Nov. 2, 1966, see section 7(a) of Pub. L. 89-730, set out as a note under section 415 of this title. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-311 effective first day of second calendar month following Oct. 31, 1965, see section 9 of Pub. L. 89-311, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88-21 effective first day of second calendar month beginning after May 15, 1963, see section 5 of Pub. L. 88-21, set out as a note under section 411 of this title. REPEAL Section 405(g) of Pub. L. 97-253, cited as a credit to this section, was repealed by Pub. L. 97-306, Sec. 107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 2012. ------DocID 42786 Document 140 of 965------ -CITE- 38 USC Sec. 415 -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 415. Dependency and indemnity compensation to parents -STATUTE- (a) Dependency and indemnity compensation shall be paid monthly to parents of a deceased veteran in the amounts prescribed by 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 3112(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 Administrator shall prescribe under section 3112(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 3112 of this title. (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 3112(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 Administrator shall prescribe under section 3112(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 3112 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 3112(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 Administrator shall prescribe under section 3112(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 3112 of this title. (e) The Administrator shall 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 each year with the Administrator (on the form prescribed by the Administrator) 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 file with the Administrator a revised report whenever there is a material change in the estimated 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; (B) donations from public or private relief or welfare organizations; (C) payments under this chapter (except section 412(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 servicemen's 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 Administrator 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 Administrator 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 3112 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1129; Pub. L. 87-268, Sec. 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 88-21, Sec. 4, May 15, 1963, 77 Stat. 17; Pub. L. 89-730, Sec. 1, 2, Nov. 2, 1966, 80 Stat. 1157, 1158; Pub. L. 90-275, Sec. 2, Mar. 28, 1968, 82 Stat. 66; Pub. L. 91-588, Sec. 2, 8(a), Dec. 24, 1970, 84 Stat. 1582, 1584; Pub. L. 92-197, Sec. 4, Dec. 15, 1971, 85 Stat. 661; Pub. L. 92-425, Sec. 6(1), Sept. 21, 1972, 86 Stat. 713; Pub. L. 93-177, Sec. 4, Dec. 6, 1973, 87 Stat. 695; Pub. L. 93-527, Sec. 7, Dec. 21, 1974, 88 Stat. 1704; Pub. L. 94-169, title II, Sec. 201, Dec. 23, 1975, 89 Stat. 1019; Pub. L. 94-432, title III, Sec. 301, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95-204, title II, Sec. 201, Dec. 2, 1977, 91 Stat. 1457; Pub. L. 95-588, title II, Sec. 201, Nov. 4, 1978, 92 Stat. 2505; Pub. L. 96-466, title VI, Sec. 605(c)(1), Oct. 17, 1980, 94 Stat. 2211; Pub. L. 97-295, Sec. 4(10), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 100-687, div. B, title XIV, Sec. 1402(a), Nov. 18, 1988, 102 Stat. 4129.) -REFTEXT- REFERENCES IN TEXT Section 9(b) of the Veterans' Pension Act of 1959, referred to in subsec. (f)(1)(C), is section 9(b) of Pub. L. 86-211, Aug. 29, 1959, 73 Stat. 432, which was set out as a Savings Provisions note under section 521 of this title, and was repealed, effective Jan. 1, 1979, by section 306(b)(1) of Pub. L. 95-588, which is set out as a Savings Provisions for Persons Entitled to Pension as of December 31, 1978: Other Provisions note under section 521 of this title. The Social Security Act, referred to in subsec. (f)(1)(D), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social Security Act is classified generally to subchapter II (Sec. 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. -MISC2- AMENDMENTS 1988 - Subsec. (f)(1)(I). Pub. L. 100-687 amended cl. (I) generally. Prior to amendment, cl. (I) read as follows: 'proceeds of fire insurance policies;'. 1982 - Subsec. (f)(1)(D). Pub. L. 97-295, Sec. 4(10)(A), substituted 'title II of the Social Security Act (42 U.S.C. 401 et seq.)' for 'subchapter II of chapter 7 of title 42'. Subsec. (f)(1)(G). Pub. L. 97-295, Sec. 4(10)(B), substituted 'percent' for 'per centum'. 1980 - Subsec. (f). Pub. L. 96-466 redesignated subsec. (g) as (f). Former subsec. (f), which directed the Administrator, upon ascertaining that there had been overpayments to a parent under this section, to deduct such overpayments (unless waived) from any future payments made to such parent under this section, was struck out. Subsecs. (g), (h). Pub. L. 96-466 redesignated subsecs. (g) and (h) as (f) and (g), respectively. 1978 - Subsec. (b)(1). Pub. L. 95-588, Sec. 201(a)(1), substituted a fixed monthly amount of $163, subject to certain increases and deductions, as parental compensation for a formula for computing the monthly award under this subsection based upon the annual income of the recipient. Subsec. (b)(3). Pub. L. 95-588, Sec. 201(a)(2), substituted '$4,038, as increased from time to time under section 3112 of this title' for '$3,770'. Subsec. (b)(4). Pub. L. 95-588, Sec. 201(a)(3), struck out references to the award computation formula formerly contained in subsec. (b)(1) of this section and inserted provision relating to election between subsecs. (b)(1) and (d) of this section in order to procure the greatest amount of compensation for the recipient. Subsec. (c)(1). Pub. L. 95-588, Sec. 201(b)(1), substituted a fixed amount of $115 a month as compensation under this subsection for a computation formula based upon the annual income of the recipient. Subsec. (c)(3). Pub. L. 95-588, Sec. 201(b)(2), substituted '$4,038, as increased from time to time under section 3112 of this title' for '$3,770'. Subsec. (d)(1). Pub. L. 95-588, Sec. 201(c)(1), substituted a fixed amount of $109 a month as compensation under this subsection for a computation formula based upon combined annual income of recipients. Subsec. (d)(3). Pub. L. 95-588, Sec. 201(c)(2), substituted '$5,430, as increased from time to time under section 3112 of this title' for '$5,070'. Subsec. (h). Pub. L. 95-588, Sec. 201(d), substituted '$85, as increased from time to time under section 3112 of this title' for '$79'. 1977 - Subsec. (b)(1). Pub. L. 95-204, Sec. 201(1), increased monthly rate of compensation from $142 to $152, substituted '.05' for '.04', '.06' for '.05', '.08' for '.06', '1,500' for '1,400' in two places, and '3,770' for '1,600', and struck out provision reducing compensation by .08 for income more than 1,600 but not more than 3,540. Subsec. (b)(3). Pub. L. 95-204, Sec. 201(2), substituted '$3,770' for '$3,540'. Subsec. (c)(1). Pub. L. 95-204, Sec. 201(3), increased monthly rate of compensation from $100 to $107, substituted '.05' for '.04', '.06' for '.05', '2,000' for '1,300' in two places, and '3,770' for '2,300', and struck out provision reducing compensation by .06 for income more than 2,300 but not more than 3,540. Subsec. (c)(3). Pub. L. 95-204, Sec. 201(4), substituted '$3,770' for '$3,540'. Subsec. (d)(1). Pub. L. 95-204, Sec. 201(5), increased monthly rate of compensation from $96 to $102, and substituted '2,000' for '2,100' in two places, '2,900' for '3,100' in two places, '3,600' for '3,800' in two places, and '5,070' for '4,760'. Subsec. (d)(3). Pub. L. 95-204, Sec. 201(6), substituted '$5,070' for '$4,760'. Subsec. (h). Pub. L. 95-204, Sec. 201(7), substituted '$79' for '$74'. 1976 - Subsec. (b)(1). Pub. L. 94-432, Sec. 301(1), increased monthly rate of compensation from $133 to $142 and substituted $1,200 to $1,400 for $1,200 to $1,500, $1,400 to $1,600 for $1,500 to $1,700 and $1,600 to $3,540 for $1,700 to $3,300. Subsec. (b)(3). Pub. L. 94-432, Sec. 301(2), substituted '$3,540' for '$3,300'. Subsec. (c)(1). Pub. L. 94-432, Sec. 301(3), increased monthly rate of compensation from $93 to $100 and substituted $1,100 to $1,300 for $1,100 to $1,600, $1,300 to $2,300 for $1,600 to $2,400 and $2,300 to $3,540 for $2,400 to $3,300. Subsec. (c)(3). Pub. L. 94-432, Sec. 301(4), substituted '$3,540' for '$3,300'. Subsec. (d)(1). Pub. L. 94-432, Sec. 301(5), increased monthly compensation from $90 to $96 and substituted $1,000 to $2,100 for $1,000 to $2,300, $2,100 to $3,100 for $2,300 to $3,300 and $3,100 to $3,800 for $3,300 to $4,500, and inserted provision for reduction by $.05 for each $1 of total combined annual income which is more than $3,800 but not more than $4,760. Subsec. (d)(3). Pub. L. 94-432, Sec. 301(6), substituted '$4,760' for '$4,500'. Subsec. (h). Pub. L. 94-432, Sec. 301(7), substituted '$74' for '$69'. 1975 - Subsec. (b)(1). Pub. L. 94-169, Sec. 201(2), increased, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, monthly rate of compensation from $123 to $133, substituted $1000 to $1200 for $1000 to $1300, $1200 to $1500 for $1300 to $1600, $1500 to $1700 for $1600 to $1800 and $1700 to $3300 for $2000 to $3000, the minimum and maximum income ranges for which the compensation rate will be reduced by 4, 5, 6 and 8 cents per dollar, respectively, struck out the income range of $1800 to $2000 for which the reduction rate is 7 cents per dollar, increased from $4.00 to $5.00 the minimum payable compensation, and increased from $3,000 to $3300 the income in excess of which no compensation will be paid. Subsec. (b)(2). Pub. L. 94-169, Sec. 201(1), redesignated, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, subsec. (b)(2) as (b)(4), and in subsec. (b)(4) as so redesignated, substituted 'such parent has remarried' for 'he has remarried', 'with such parent's spouse' for 'with his spouse', 'paid to such parent' for 'paid to him' and 'parent and such parent's spouse' for 'parent and his spouse'. Subsec. (c). Pub. L. 94-169, Sec. 201(3), increased, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, monthly rate of compensation from $86 to $93, substituted $1100 to $1600 for $1100 to $2100, $1600 to $2400 for $2100 to $2500 and $2400 to $3300 for $2500 to $3000, the minimum and maximum income ranges for which the compensation rate will be reduced 4, 5 and 6 cents, respectively, increased from $4.00 to $5.00 the minimum payable compensation, and increased from $3000 to $3300 the income in excess of which no compensation will be paid. Subsec. (d). Pub. L. 94-169, Sec. 201(3), increased, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, basic rate of monthly compensation from $83 to $90, substituted $1000 to $2300 for $1100 to $2500, $2300 to $3300 for $2500 to $3500 and $3300 to $4500 for $3500 to $4200 the minimum and maximum income ranges for which the compensation rate will be reduced by 2, 3, and 4 cents, respectively, struck out the income range of $1000 to $1100 for which the reduction rate is 1 cent per dollar, increased from $4.00 to $5.00 the minimum payable compensation, and increased from $4200 to $4500 the income in excess of which no compensation will be paid. Subsec. (e). Pub. L. 94-169, Sec. 201(4), substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, 'with the Administrator' for 'with him' and 'prescribed by the Administrator' for 'prescribed by him'. Subsec. (f). Pub. L. 94-169, Sec. 201(5), substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, 'the Administrator shall deduct' for 'he shall deduct'. Subsec. (g)(1)(J)(ii). Pub. L. 94-169, Sec. 201(6), substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, 'such veteran's' for 'his'. Subsec. (h). Pub. L. 94-169, Sec. 201(7), substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, '$69' for '$64'. 1974 - Subsec. (b)(1). Pub. L. 93-527, Sec. 7(1), substituted '$123' for '$110', '$1000' for '$1100' wherever appearing, '$1300' for '$1500' wherever appearing, '$1600' for '$1700' wherever appearing, '$1800' for '$2000' wherever appearing, '$2000' for '$2300' wherever appearing, and '$3000' for '$2600' wherever appearing, and provided that in no event shall the monthly rate be less than $4.00. Subsec. (b)(2). Pub. L. 93-527, Sec. 7(1), reenacted par. (2) without change. Subsec. (c). Pub. L. 93-527, Sec. 7(2), substituted '$86' for '$77', '$2100' for '$1400' wherever appearing, '$2500' for '$2300' wherever appearing, '3000' for '2600' wherever appearing, and '4 cents', '5 cents' and '6 cents' for '3 cents', '4 cents' and '5 cents', and inserted provision that in no event shall the monthly rate of dependency and indemnity compensation be less than $4. Subsec. (d). Pub. L. 93-527, Sec. 7(3), substituted '$83' for '$74', '$1,000' for '$1,200' wherever appearing, '$2500' for '$2900' wherever appearing, and '3500' for '$3800', and inserted provisions for reduction of 4 cents in the monthly rate for each dollar of annual income in excess of $3500 up to and including $4200, for not less than $4 for the monthly rate of dependency and indemnity compensation, and raised the maximum combined income for which compensation will be paid from $3800 to $4200. Subsec. (h). Pub. L. 93-527, Sec. 7(4), substituted '$64' for '$55'. 1973 - Subsec. (b)(1). Pub. L. 93-177, Sec. 4(a), substituted '$110' for '$100', '$1,100' for '$1,200', '$1,500' for '$1,600', '$1,700' for '$1,900', '$2,000' for '$2,100', and '$2,300' for '$2,600' in existing provisions and inserted provisions for a reduction of 8 cents in the monthly rate for each $1 annual income in excess of $2,300 up to and including $2,600. Subsec. (b)(2). Pub. L. 93-177, Sec. 4(a), reenacted par. (2) without change. Subsec. (c). Pub. L. 93-177, Sec. 4(b), substituted '$77' for '$70', '$1,400' for '$1,700', and '$2,300' for '$2,600' in existing provisions and inserted provision for a reduction of 5 cents in the monthly rate for each $1 of annual income in excess of $2,300 up to and including $2,600. Subsec. (d). Pub. L. 93-177, Sec. 4(c), substituted '$74' for '$67', '$1,200' for '$1,300', and '$2,900' for '$3,400'. 1972 - Subsec. (g)(1)(M). Pub. L. 92-425 substituted 'subchapter I of chapter 73 of title 10' for 'chapter 73 of title 10'. 1971 - Subsec. (b)(1). Pub. L. 92-197, Sec. 4(a), substituted formula to measure monthly compensation rate of one parent by specifying a maximum monthly rate for each group within designated income category and each individual's monthly rate to be computed by reducing the maximum monthly rate by a specified number of cents for each dollar by which the minimum income limitation for that group is exceeded, for table providing for income and benefit rates, and increased the maximum income limit to $2,600 from $2,300. Subsec. (b)(2). Pub. L. 92-197, Sec. 4(a), substituted reference to formula in subsecs. (b)(1) and (d), for reference to tables in subsecs. (b)(1) and (d). Subsec. (c). Pub. L. 92-197, Sec. 4(b), substituted formula to measure dependency and indemnity compensation rates of two parents not living together by specifying a maximum monthly rate for each group within designated income category and each individual's monthly rate to be computed by reducing the maximum monthly rate by a specified number of cents for each dollar by which the minimum income limitation for that group is exceeded, for table providing for income and benefit rates, and increased the maximum income limit to $2,600 from $2,300. Subsec. (d). Pub. L. 92-197, Sec. 4(c), substituted formula to measure dependency and indemnity compensation to two parents living together or a remarried parent living with his spouse by specifying a maximum monthly rate for each group within designated income category and each individual's monthly rate to be computed by reducing the maximum monthly rate by a specified number of cents for each dollar by which the minimum income limitation for that group is exceeded, for table providing for income and benefit rates, and increased the maximum income limit to $3,800 from $3,500. Subsec. (g)(2), (3). Pub. L. 92-197, Sec. 4(d), redesignated par. (2) as par. (3) and added par. (2). Subsec. (h). Pub. L. 92-197, Sec. 4(e), added subsec. (h). 1970 - Subsec. (b)(1). Pub. L. 91-588, Sec. 2(a), provided new annual income limits to measure monthly compensation of one parent by adding minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $18, $12, and $10, respectively, and within existing annual income limits from a maximum of $800 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II '$96' for '$87', '94' for '81', '91' for '75', '87' for '69', '81' for '62', '75' for '54', '69' for '46', '62' for '38', '54' for '31', '46' for '25', '38' for '18', '31' for '12', and '25' for '10'. Subsec. (c). Pub. L. 91-588, Sec. 2(b), provided new annual income limits to measure monthly compensation of two parents not living together by adding minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $14, $12, and $10, respectively, and within existing annual income limits from a maximum of $800 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II '$66' for '$58', '64' for '54', '61' for '50', '58' for '46', '54' for '41', '50' for '35', '46' for '29', '41' for '23', '35' for '20', '29' for '16', '23' for '12', '20' for '11', and '16' for '10'. Subsec. (d). Pub. L. 91-588, Sec. 2(c), provided new annual income limits to measure monthly compensation of two parents living together by adding minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $14, $12, and $10, respectively, and within existing annual income limits from a maximum of $1,000 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II '$64' for '$58', '62' for '56', '60' for '54', '58' for '52', '56' for '49', '54' for '46', '52' for '44', '49' for '42', '46' for '40', '44' for '38', '42' for '35', '40' for '33', '38' for '31', '35' for '29', '33' for '26', '31' for '23', '29' for '21', '27' for '19', '25' for '17', '23' for '15', '21' for '12', '19' for '11', and '17' for '10'. Subsec. (e). Pub. L. 91-588, Sec. 2(d), exempted from filing requirement any parent who has attained 72 years of age and has been paid dependency and indemnity compensation during two consecutive calendar years. Subsec. (g)(1)(C). Pub. L. 91-588, Sec. 8(a), inserted reference to first sentence of section 9(b) of the Veterans' Pension Act of 1959. Subsec. (g)(1)(M). Pub. L. 91-588, Sec. 8(a), added subpar. (M). 1968 - Subsec. (b)(1). Pub. L. 90-275, Sec. 2(a), in providing new annual income limits to measure monthly compensation of one parent, reenacted minimum income limit of $800 for monthly benefit of $87, struck out prohibition against payments when income is in excess of $1,800, and substituted a sliding scale of payments based on one hundred dollar increments from more than $800 to more than $1,900 to $2,000 for payments of $81 to 10 for former sliding scale based on limits of $800 to 1,100, $1,100 to 1,300, $1,300 to 1,500, and $1,500 to 1,800 for payments of $69, $52, $35, and $18, respectively. Subsec. (c). Pub. L. 90-275, Sec. 2(b), in providing new annual income limits to measure monthly compensation of two parents not living together, reenacted minimum income limit of $800 for monthly benefit of $58, struck out prohibition against payments when income is in excess of $1,800, and substituted a sliding scale of payments based on one hundred dollar increments from more than $800 to more than $1,900 to $2,000 for payments of $54 to 10 for former sliding scale based on limits of $800 to 1,100, $1,100 to 1,300, $1,300 to 1,500, and $1,500 to 1,800 for payments of $46, $35, $23, and $12, respectively. Subsec. (d). Pub. L. 90-275, Sec. 2(c), in providing new annual income limits to measure monthly compensation of two parents living together, reenacted minimum combined income limit of $1,000 for monthly benefit of $58, struck out prohibition against payments when income is in excess of $3,000, and substituted a sliding scale of payments based on one hundred dollar increments from more than $1,000 to $3,100 for payments of $56 to 11 for former sliding scale based on five hundred dollar increments from more than $1,000 to $3,000 for payments of $58, $46, $35, $23, and $12. 1966 - Subsec. (b). Pub. L. 89-730, Sec. 1(a), designated existing subsection as par. (1), and in par. (1) as so designated, substituted reference to subsec. (b)(2) for subsec. (d), amended table by providing for increased indemnity compensation while permitting the recipient to earn a higher maximum annual income, and added par. (2). Subsec. (c). Pub. L. 89-730, Sec. 1(b), amended table by providing for increased indemnity compensation while permitting the recipient to earn a higher maximum annual income. Subsec. (d). Pub. L. 89-730, Sec. 1(c), amended table by providing for increased indemnity compensation while permitting the recipients to earn a higher combined maximum annual income. Subsec. (g)(1). Pub. L. 89-730, Sec. 2, in cl. (C) struck out 'chapter 11' and substituted 'chapters 11 and 15', and added cls. (F) to (L). 1963 - Subsec. (b). Pub. L. 88-21, Sec. 4(a), substituted in Column II of table '$83', '$66', '$50', '$33', and '$17' for '$75', '$60', '$45', '$30', and '$15', respectively. Subsecs. (c), (d). Pub. L. 88-21, Sec. 4(b), substituted in Column II of tables '$55', '$44', '$33', '$22', and '$11' for '50', '$40', '$30', '$20' and '$10', respectively. 1961 - Subsec. (g)(1)(C). Pub. L. 87-268 substituted 'section 412(a)' for 'section 412'. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(f) of Pub. L. 96-466, set out as an Effective Date note under section 3114 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401 of Pub. L. 95-588, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section 302 of Pub. L. 95-204, set out as a note under section 322 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section 405(b) of Pub. L. 94-432, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Section 201 of Pub. L. 94-169, as amended by section 101 of Pub. L. 94-432, eff. Sept. 30, 1976, provided that the amendment made by that section is effective Jan. 1, 1976. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section 10 of Pub. L. 93-527, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-177 effective Jan. 1, 1974, see section 8 of Pub. L. 93-177, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 411 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by sections 2(a)-(c) and 8(a) of Pub. L. 91-588, effective Jan. 1, 1971, and amendment by section 2(d) of Pub. L. 91-588, effective on Jan. 1, 1972, see section 10 of Pub. L. 91-588, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-275 effective Jan. 1, 1969, see section 6(a) of Pub. L. 90-275, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1966 AMENDMENT Section 7 of Pub. L. 89-730 provided that: '(a) Except section 6 (enacting and amending provisions set out as notes under section 776 of this title) and as otherwise provided in subsection (b) of this section, this Act (amending this section and sections 413, 414, and 3012 of this title) shall take effect on the first day of the second calendar month following the date of enactment of this Act (Nov. 2, 1966). '(b) Section 2 of this Act (amending this section) shall take effect on January 1, 1967, but paragraph (G) of section 415(g)(1), title 38, United States Code, as added by such section 2, shall not apply to any parent receiving dependency and indemnity compensation on December 31, 1966, or subsequently determined entitled to that benefit for said day, until his contributions to the described plans or programs have been recouped.' EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88-21 effective first day of second calendar month beginning after May 15, 1963, see section 5 of Pub. L. 88-21, set out as a note under section 411 of this title. EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3 of Pub. L. 87-268, set out as a note under section 412 of this title. PENSION, DEPENDENCY, AND INDEMNITY COMPENSATION; RELATION TO SOCIAL SECURITY AMENDMENTS OF 1967 Payments for balance of calendar year 1968 and calendar year 1969, calendar year 1970, and during each successive calendar year at prescribed monthly rates when payments would be less under this title as a result of increase in monthly insurance benefits provided by Social Security Amendments of 1967, see section 3 of Pub. L. 90-275, set out as a note under section 521 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 416, 3112, 3117 of this title; title 26 section 6103; title 42 section 8624. ------DocID 42787 Document 141 of 965------ -CITE- 38 USC Sec. 416 -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 416. Dependency and indemnity compensation in cases of prior deaths -STATUTE- (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 415 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 Veterans' Administration 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 Veterans' Administration 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 Veterans' Administration 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 to such parent if both parents had so applied, and (2) benefits paid under other provisions of law administered by the Veterans' Administration 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 Administrator shall determine and pay to such child for each month, or part thereof, payments under this chapter or under such Act, whichever payment the Administrator 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1130; Pub. L. 94-433, title IV, Sec. 405(11)-(16), Sept. 30, 1976, 90 Stat. 1380; Pub. L. 97-295, Sec. 4(11), Oct. 12, 1982, 96 Stat. 1305.) -REFTEXT- REFERENCES IN TEXT The Servicemen's Indemnity Act of 1951, referred to in subsec. (e), is act Apr. 25, 1951, ch. 39, pt. I, 65 Stat. 33, as amended, which was classified generally to subchapter II (Sec. 851 et seq.) of chapter 13 of former Title 38, Pensions, Bonuses, and Veterans' Relief, and was repealed by act Aug. 1, 1956, ch. 873, title V, Sec. 502(9), 70 Stat. 886. -MISC2- AMENDMENTS 1982 - Subsecs. (b)(1)(B), (2)(B), (c)(2), (d)(2). Pub. L. 97-295 substituted 'subchapter I of chapter 81 of title 5' for 'the Federal Employees' Compensation Act' wherever appearing. 1976 - Subsec. (a). Pub. L. 94-433, Sec. 405(11), substituted 'surviving spouse' for 'widow' in par. (1) and 'such person's' for 'his' in par. (2). Subsec. (b)(1). Pub. L. 94-433, Sec. 405(12), substituted 'surviving spouse' and 'such surviving spouse' for 'widow' and 'her', respectively. Subsec. (c). Pub. L. 94-433, Sec. 405(13), substituted 'paid to such child' for 'paid to him'. Subsec. (d). Pub. L. 94-433, Sec. 405(14), substituted 'such parent' for 'him' in cls. (1) and (2). Subsec. (e). Pub. L. 94-433, Sec. 405(15), (16), substituted 'such person' and 'such beneficiary's' for 'he' and 'his', respectively, in par. (1) and 'such child's' and 'the Administrator' for 'his' and 'he', respectively, in par. (3). EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. ------DocID 42788 Document 142 of 965------ -CITE- 38 USC Sec. 417 -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 417. Restriction on payments under this chapter -STATUTE- 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 death for any payments under (1) provisions of law administered by the Veterans' Administration providing for the payment of death compensation or death pension, or (2) subchapter I of chapter 81 of title 5. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1132; Pub. L. 91-291, Sec. 13(a), (b), June 25, 1970, 84 Stat. 332; Pub. L. 92-197, Sec. 5, Dec. 15, 1971, 85 Stat. 662; Pub. L. 97-295, Sec. 4(11), Oct. 12, 1982, 96 Stat. 1305.) -MISC1- AMENDMENTS 1982 - Pub. L. 97-295 substituted 'subchapter I of chapter 81 of title 5' for 'the Federal Employees' Compensation Act'. 1971 - Pub. L. 92-197 struck out subsec. (a) which, among other provisions, restricted payment of dependency and indemnity compensation in certain cases where death of a veteran occurred while United States Government life insurance or National Service Life Insurance was in force under an in-service waiver of premiums continued under section 724 of this title, and designated subsec. (b) as entire section. 1970 - Subsec. (a). Pub. L. 91-291 designated material after 'unless' in first sentence as cl. (1), added cl. (2), and in last sentence substituted 'first sentence' for 'preceding sentence'. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 411 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Section 13(c) of Pub. L. 91-291 provided that: 'No dependency and indemnity compensation shall be payable to any person by virtue of the amendments made by subsection (a) of this section (amending this section) for any person prior to the effective date of this Act (June 25, 1970).' Section 14(a) of Pub. L. 91-291 provided that: 'The amendments made by this Act (amending this section and sections 705, 707, 745, 765, 767, 768, 769, 770, and 774 of this title and enacting provisions set out as notes under this section) shall take effect as of the date of enactment (June 25, 1970), except that sections 10 and 12 (amending sections 717 and 752 of this title) shall take effect as of the first day of the first calendar month which begins more than six calendar months after the date of enactment of this Act (June 25, 1970).' DEPENDENCY AND INDEMNITY COMPENSATION; ELIGIBILITY Section 8 of Pub. L. 92-197 provided that: '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 417(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.' ------DocID 42789 Document 143 of 965------ -CITE- 38 USC Sec. 418 -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 418. Benefits for survivors of certain veterans rated totally disabled at time of death -STATUTE- (a) The Administrator 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 that either - (1) was continuously rated totally disabling for a period of 10 or more years immediately preceding death; or (2) if so rated for a lesser period, was so rated continuously for a period of not less than five years from the date of such veteran's discharge or other release from active duty. (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 411(a) of this title. -SOURCE- (Added Pub. L. 100-687, div. B, title XIV, Sec. 1403(a)(1), Nov. 18, 1988, 102 Stat. 4130, and amended Pub. L. 101-237, title I, Sec. 113, Dec. 18, 1989, 103 Stat. 2065.) -MISC1- AMENDMENTS 1989 - Subsec. (c)(1). Pub. L. 101-237 substituted 'one year' for 'two years'. ------DocID 42790 Document 144 of 965------ -CITE- 38 USC SUBCHAPTER III -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER III -HEAD- SUBCHAPTER III - CERTIFICATIONS ------DocID 42791 Document 145 of 965------ -CITE- 38 USC Sec. 421 -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER III -HEAD- Sec. 421. Certifications with respect to pay grade -STATUTE- The Secretary concerned shall, at the request of the Administrator, certify to the Administrator 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 Administrator. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1132; Pub. L. 91-96, Sec. 4, Oct. 27, 1969, 83 Stat. 145; Pub. L. 94-433, title IV, Sec. 405(17), Sept. 30, 1976, 90 Stat. 1380.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-433 substituted 'to the Administrator' for 'to him'. 1969 - Pub. L. 91-96 substituted 'Certifications with respect to pay grade' for 'Certifications with respect to basic pay' in section catchline and substituted provisions authorizing certifications with respect to the pay grade of deceased persons for provisions authorizing certifications with respect to the basic pay of deceased persons, considering rank or grade and cumulative years of service for pay purposes, and struck out the provision requiring the adjustment of basic pay as determined by this chapter whenever basic pay (as defined under the former provisions of section 401 of this title) is adjusted. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-96 effective first day of second calendar month which begins after Oct. 27, 1969, see section 8 of Pub. L. 91-96, set out as a note under section 402 of this title. ------DocID 42792 Document 146 of 965------ -CITE- 38 USC Sec. 422 -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER III -HEAD- Sec. 422. Certifications with respect to social security entitlement -STATUTE- (a) Determinations required by section 412(a) of this title (other than a determination required by section 412(a)(2) of this title) as to whether any survivor described in section 412(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 Administrator upon request of the Administrator. (b) Upon the basis of estimates made by the Secretary of Health and Human Services after consultation with the Administrator, the Administrator shall pay to the Secretary 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 Secretary and the Administrator may prescribe. 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 Administrator shall prescribe such regulations as may be necessary to carry out the provisions of this section and section 412(a) of this title. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1132; Pub. L. 87-268, Sec. 1(b), (c), Sept. 21, 1961, 75 Stat. 566; Pub. L. 94-433, title IV, Sec. 405(18), Sept. 30, 1976, 90 Stat. 1380; Pub. L. 97-295, Sec. 4(12), (95)(A), Oct. 12, 1982, 96 Stat. 1305, 1313.) -MISC1- AMENDMENTS 1982 - Subsec. (a). Pub. L. 97-295, Sec. 4(12), (95)(A), substituted 'section 202 of the Social Security Act (42 U.S.C. 402)' for 'section 402 of title 42', and 'Health and Human Services' for 'Health, Education, and Welfare'. Subsec. (b). Pub. L. 97-295, Sec. 4(95)(A), substituted 'Health and Human Services' for 'Health, Education, and Welfare'. 1976 - Subsec. (a). Pub. L. 94-433 substituted 'such veteran's' and 'such Secretary' for 'his' and 'him', respectively. 1961 - Subsec. (a). Pub. L. 87-268 Sec. 1(c), substituted 'section 412(a)' for 'section 412', 'section 412(a)(2)' for 'section 412(2)', and 'section 412(a)(3)' for 'section 412(3)'. Subsec. (c). Pub. L. 87-268, Sec. 1(b), substituted 'section 412(a)' for 'section 412'. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3 of Pub. L. 87-268, set out as a note under section 412 of this title. ------DocID 42793 Document 147 of 965------ -CITE- 38 USC Sec. 423 -EXPCITE- TITLE 38 PART II CHAPTER 13 SUBCHAPTER III -HEAD- Sec. 423. Certifications by Administrator -STATUTE- Whenever the Administrator determines on the basis of a claim for benefits filed with the Administrator that a death occurred under the circumstances referred to in section 1476(a) of title 10, or section 321(b) (FOOTNOTE 1) of title 32, the Administrator shall certify that fact to the Secretary concerned. In all other cases, the Administrator shall make the determination referred to in such section 1476(a) or 321(b) (FOOTNOTE 1) at the request of the Secretary concerned. (FOOTNOTE 1) See References in Text note below. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1133; Pub. L. 94-433, title IV, Sec. 405(19), Sept. 30, 1976, 90 Stat. 1380.) -REFTEXT- REFERENCES IN TEXT Section 321 of title 32, referred to in text, was repealed by Pub. L. 99-661, div. A, title VI, Sec. 604(f)(2)(A), Nov. 14, 1986, 100 Stat. 3878. -MISC2- AMENDMENTS 1976 - Pub. L. 94-433 substituted 'with the Administrator' for 'with him' and 'the Administrator' for 'he' before 'shall certify' and 'shall make'. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433, set out as a note under section 301 of this title. ------DocID 42794 Document 148 of 965------ -CITE- 38 USC CHAPTER 15 -EXPCITE- TITLE 38 PART II CHAPTER 15 -HEAD- CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE -MISC1- SUBCHAPTER I - GENERAL Sec. 501. Definitions. 502. Determinations with respect to disability. 503. Determinations with respect to annual income. 504. Persons heretofore having a pensionable status. 505. Payment of pension during confinement in penal institutions. 506. Resource reports and overpayment adjustments. 507. Disappearance. 508. Frequency of payment of pension benefits. SUBCHAPTER II - VETERANS' PENSIONS SERVICE PENSION (510. Repealed.) 511. Indian War veterans. 512. Spanish-American War veterans. NON-SERVICE-CONNECTED DISABILITY PENSION 521. Veterans of a period of war. 522. Net worth limitation. 523. Combination of ratings. 524. Temporary program of vocational training for certain new pension recipients. 525. Temporary protection of health-care eligibility. SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN WARS BEFORE WORLD WAR I (531. Repealed.) 532. Surviving spouses of Civil War veterans. 533. Children of Civil War veterans. 534. Surviving spouses of Indian War veterans. 535. Children of Indian War veterans. 536. Surviving spouses of Spanish-American War veterans. 537. Children of Spanish-American War veterans. MEXICAN BORDER PERIOD, WORLD WAR I, WORLD WAR II, KOREAN CONFLICT, AND THE VIETNAM ERA 541. Surviving spouses of veterans of a period of war. 542. Children of veterans of a period of war. 543. Net worth limitation. (SURVIVING SPOUSES OF VETERANS OF ALL PERIODS OF WAR - REPEALED) (544. Repealed.) SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF HONOR ROLL 560. Medal of Honor Roll; persons eligible. 561. Certificate. 562. Special provisions relating to pension. AMENDMENTS 1986 - Pub. L. 99-576, title VII, Sec. 703(b)(3), Oct. 28, 1986, 100 Stat. 3303, inserted 'program of' after 'Temporary' in item 524. 1984 - Pub. L. 98-543, title III, Sec. 301(a)(2), Oct. 24, 1984, 98 Stat. 2746, added items 524 and 525. 1982 - Pub. L. 97-295, Sec. 4(14), Oct. 12, 1982, 96 Stat. 1305, substituted 'Honor Roll' for 'honor roll' in item 560. 1978 - Pub. L. 95-588, title I, Sec. 104(b), 106(b), 109(b), 110(b), 112(b), Nov. 4, 1978, 92 Stat. 2499, 2502, 2504, 2505, added item 508, substituted 'Veterans of a period of war' for 'Veterans of the Mexican border period, World War I, World War II, the Korean conflict, or the Vietnam era' in item 521, substituted 'Surviving spouses of veterans of a period of war' for 'Surviving spouses of Mexican border period, World War I, World War II, Korean conflict, or Vietnam era veterans' in item 541, substituted 'Children of veterans of a period of war' for 'Children of Mexican border period, World War I, World War II, Korean conflict, or Vietnam era veterans' in item 542, struck out heading 'Surviving Spouses of Veterans of All Periods of War' following item 543, and struck out item 544. 1975 - Pub. L. 94-169, title I, Sec. 101(2)(J), 106(24), (30), (38), Dec. 23, 1975, 89 Stat. 1014, 1018, 1019, struck out items 510 relating to confederate forces veterans, and 531 relating to widows of Mexican War veterans, substituted 'Surviving Spouses' for 'Widows' in heading of Subchapter III and subheading preceding item 544, and substituted 'Surviving spouses' for 'Widows' in items 532, 534, 536 and 541. 1970 - Pub. L. 91-588, Sec. 9(h), Dec. 24, 1970, 84 Stat. 1585, inserted references to the Mexican border period in subheading preceding item 541 and in items 521, 541, and 542, respectively. 1967 - Pub. L. 90-77, title I, Sec. 108(b), title II, Sec. 202(i), Aug. 31, 1967, 81 Stat. 180, 183, added item 544 and included references to Vietnam era in subheading preceding item 541 and in items 521, 541, and 542, respectively. 1966 - Pub. L. 89-467, Sec. 1(b), June 22, 1966, 80 Stat. 218, added item 507. 1963 - Pub. L. 88-77, Sec. 5(3), July 25, 1963, 77 Stat. 96, substituted 'ARMY, NAVY, AIR FORCE, AND COAST GUARD' for 'ARMY, NAVY, AND AIR FORCE', in heading of Subchapter IV. 1961 - Pub. L. 87-138, Sec. 2(b), Aug. 14, 1961, 75 Stat. 339, struck out 'entitling holder to pension' after 'Certificate' in item 561. 1959 - Pub. L. 86-211, Sec. 7(a), Aug. 29, 1959, 73 Stat. 436, substituted 'Determinations with respect to annual income' for 'Items not considered in determining income' in item 503, 'Net worth limitation' for 'Income limitations' in item 522, and 'Net worth limitation' for 'Widows of World War II or Korean conflict veterans' in item 543, included widows of World War II and Korean conflict veterans in item 541 and children of World War II and Korean conflict veterans in item 542, added item 506, and struck out items 544 and 545 which related to children of World War II or Korean conflict veterans and to income limitations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 412, 415, 617, 618, 3104, 3110, 3117 of this title; title 26 section 6103; title 31 section 3803; title 42 section 6862. ------DocID 42795 Document 149 of 965------ -CITE- 38 USC SUBCHAPTER I -EXPCITE- TITLE 38 PART II CHAPTER 15 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL ------DocID 42796 Document 150 of 965------ -CITE- 38 USC Sec. 501 -EXPCITE- TITLE 38 PART II CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 501. Definitions -STATUTE- 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. (4) The term 'period of war' means the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era, 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134; Pub. L. 94-169, title I, Sec. 106(1), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95-588, title I, Sec. 101, Nov. 4, 1978, 92 Stat. 2497.) -MISC1- AMENDMENTS 1978 - Par. (4). Pub. L. 95-588 added par. (4). 1975 - Par. (2). Pub. L. 94-169 substituted 'such veteran' for 'him'. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401 of Pub. L. 95-588, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Section 106 of Pub. L. 94-169 provided that the amendment made by that section is effective Jan. 1, 1976. PENSION PROGRAM FOR NONSERVICE-CONNECTED DISABILITY OR DEATH; REPORT BY ADMINISTRATOR Pub. L. 94-432, title IV, Sec. 404, Sept. 30, 1976, 90 Stat. 1372, provided that, due to certain insufficiencies in the pension program for nonservice-connected disability or death authorized by this chapter, and the lack of sufficient long-range information as to actual and anticipated financial characteristics of potential pensioners and their families upon which to estimate costs of existing alternative pension programs, it was necessary for the Administrator of Veterans' Affairs to study existing and alternative nonservice-connected pension programs and to submit a report to Congress and the President not later than Oct. 1, 1977 on alternative courses of legislative and administrative action and long-range cost estimates therefor. STUDY OF NEEDS AND PROBLEMS OF VETERANS AND THEIR WIDOWS SEVENTY-TWO YEARS OF AGE OR OLDER; REPORT BY ADMINISTRATOR Pub. L. 93-527, Sec. 8, Dec. 21, 1974, 88 Stat. 1705, authorized the Administrator of Veterans' Affairs to study the needs and problems of veterans and their widows seventy-two years of age or older and required him to report to Congress and the President not later than one hundred and eighty days after the convening of the Ninety-fourth Congress the results of the study together with any recommendations for legislative or administrative action. ------DocID 42797 Document 151 of 965------ -CITE- 38 USC Sec. 502 -EXPCITE- TITLE 38 PART II CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 502. Determinations with respect to disability -STATUTE- (a) For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such a person is unemployable as a result of disability reasonably certain to continue throughout the life of the disabled person, or is suffering from - (1) 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 disabled person; or (2) any disease or disorder determined by the Administrator 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134; Pub. L. 88-664, Sec. 6(b), Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90-77, title I, Sec. 102, Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-169, title I, Sec. 106(2), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 94-432, title II, Sec. 201, Sept. 30, 1976, 90 Stat. 1369; Pub. L. 101-508, title VIII, Sec. 8002(a), Nov. 5, 1990, 104 Stat. 1388-342.) -MISC1- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-508 amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: 'For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is sixty-five years of age or older or became unemployable after age 65, or suffering from - '. 1976 - Subsec. (a). Pub. L. 94-432 inserted 'or became unemployeable after age 65,' after 'or older'. 1975 - Subsecs. (a) and (b). Pub. L. 94-169 substituted 'such person' for 'he'. Subsec. (c). Pub. L. 94-169 substituted 'such veteran's' for 'his' wherever appearing. 1967 - Subsec. (a). Pub. L. 90-77, Sec. 102(a), provided for consideration of a person sixty-five years of age or older as permanently and totally disabled. Subsec. (b). Pub. L. 90-77, Sec. 102(b), added cl. (1) and designated existing provisions as cl. (2). 1964 - Subsec. (c). Pub. L. 88-664 added subsec. (c). EFFECTIVE DATE OF 1990 AMENDMENT Section 8002(b) of Pub. L. 101-508 provided that: 'The amendment made by subsection (a) (amending this section) shall apply with respect to claims filed after October 31, 1990.' EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section 405(b) of Pub. L. 94-432, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Section 106 of Pub. L. 94-169 provided that the amendment made by that section is effective Jan. 1, 1976. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90-77, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section 11 of Pub. L. 88-664, set out as a note under section 503 of this title. ------DocID 42798 Document 152 of 965------ -CITE- 38 USC Sec. 503 -EXPCITE- TITLE 38 PART II CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 503. Determinations with respect to annual income -STATUTE- (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 Administrator 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, veterans' 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 per centum 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 surviving 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 (26 U.S.C. 6012(a)), to be filed by an individual who is not married (as determined under section 143 (FOOTNOTE 1) 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 (FOOTNOTE 1) See References in Text note below. (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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134; Pub. L. 86-211, Sec. 2(a), Aug. 29, 1959, 73 Stat. 432; Pub. L. 87-268, Sec. 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 88-664, Sec. 1, Oct. 13, 1964, 78 Stat. 1094; Pub. L. 90-77, title I, Sec. 103, Aug. 31, 1967, 81 Stat. 178; Pub. L. 91-588, Sec. 7, Dec. 24, 1970, 84 Stat. 1584; Pub. L. 92-198, Sec. 2, Dec. 15, 1971, 85 Stat. 664; Pub. L. 92-425, Sec. 6(2), Sept. 21, 1972, 86 Stat. 713; Pub. L. 94-169, title I, Sec. 101(2)(A), 106(3)-(8), Dec. 23, 1975, 89 Stat. 1013, 1017; Pub. L. 95-588, title I, Sec. 102, Nov. 4, 1978, 92 Stat. 2497; Pub. L. 97-295, Sec. 4(13), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-687, div. B, title XIV, Sec. 1402(b), Nov. 18, 1988, 102 Stat. 4130.) -REFTEXT- REFERENCES IN TEXT Section 143 of such Code, referred to in subsec. (a)(10)(A), which was classified to section 143 of Title 26, Internal Revenue Code, was amended generally by Pub. L. 99-514, title XIII, Sec. 1301(b), Oct. 22, 1986, 100 Stat. 2603, and as so amended does not relate to determination of marital status. See section 7703 of Title 26. -MISC2- AMENDMENTS 1988 - Subsec. (a)(5). Pub. L. 100-687 amended par. (5) generally. Prior to amendment, par. (5) read as follows: 'proceeds of fire insurance policies;'. 1986 - Subsec. (a)(10)(A). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. 1982 - Subsec. (a)(10)(A). Pub. L. 97-295 inserted '(26 U.S.C. 6012(a))' after 'Code of 1954'. 1978 - Subsec. (a)(1). Pub. L. 95-588, Sec. 102(a)(1), (2), redesignated par. (2) as (1) and struck out former par. (1) which related to payments of six-months death gratuity. Subsec. (a)(2). Pub. L. 95-588, Sec. 102(a)(3), redesignated par. (3) as (2) and, as so redesignated, struck out ', and chapters 11 and 13 (except section 412(a)) of this title' after 'chapter'. Former par. (2) redesignated (1). Subsec. (a)(3). Pub. L. 95-588, Sec. 102(a)(5), redesignated par. (7) as (3). Former par. (3) redesignated (2). Subsec. (a)(4). Pub. L. 95-588, Sec. 102(a)(4), (6), added par. (4) and struck out former par. (4) which related to payments under servicemen's life insurance or servicemen's indemnity. Subsec. (a)(5). Pub. L. 95-588, Sec. 102(a)(4), (7), redesignated par. (8) as (5) and struck out former par. (5) which related to lump sum death payments. Subsec. (a)(6). Pub. L. 95-588, Sec. 102(a)(4), (9), redesignated par. (10) as (6) and struck out former par. (6) which related to the ten per cent exclusion for individuals under public or private retirement, annuity, endowment, or similar programs. Subsec. (a)(7). Pub. L. 95-588, Sec. 102(a)(11), redesignated par. (15) as (7). Former par. (7) redesignated (3). Subsec. (a)(8). Pub. L. 95-588, Sec. 102(a)(13), added par. (8). Former par. (8) redesignated (5). Subsec. (a)(9). Pub. L. 95-588, Sec. 102(a)(8), (13), added par. (9) and struck out former par. (9) which related to payments for final illness and burial. Subsec. (a)(10). Pub. L. 95-588, Sec. 102(a)(13), added par. (10). Former subsec. (10) redesignated (6). Subsec. (a)(11) to (14). Pub. L. 95-588, Sec. 102(a)(10), struck out pars. (11) to (14) which related to payments for discharge of jury duty, educational assistance allowances, bonuses based on service in the Armed Forces, and indebtednesses secured by mortgages, respectively. Subsec. (a)(15). Pub. L. 95-588, Sec. 102(a)(11), redesignated par. (15) as (7). Subsec. (a)(16), (17). Pub. L. 95-588, Sec. 102(a)(12), struck out pars. (16) and (17) which related to payments received by retired persons and payments of annuities, respectively. Subsec. (c). Pub. L. 95-588, Sec. 102(b), struck out former subsec. (c) which related to the power of the Administrator to exclude from income amounts paid by a veteran, surviving spouse, or child for unusual medical expenses. 1975 - Subsec. (a)(7). Pub. L. 94-169, Sec. 106(3), (4), substituted 'spouse' for 'wife', 'such veteran's' for 'his' and 'surviving spouse' for 'widow' in introductory clause and 'such veteran's' for 'his' in subcls. (A), (B) and (C). Subsec. (a)(9). Pub. L. 94-169, Sec. 106(5), substituted 'such veteran's' for 'his' in subcl. (A) and 'surviving spouse' and 'spouse' for 'widow' and 'wife', respectively, in subcl. (B). Subsec. (a)(14). Pub. L. 94-169, Sec. 106(6), substituted 'such veteran's surviving spouse' for 'his widow'. Subsec. (a)(16). Pub. L. 94-169, Sec. 101(2)(A), 106(7), inserted 'and' after 'as amended;', and substituted 'such employee's' for 'his', respectively. Subsec. (c). Pub. L. 94-169, Sec. 106(8), substituted 'surviving spouse' for 'widow'. 1972 - Par. (17). Pub. L. 92-425 substituted 'subchapter I of chapter 73 of title 10' for 'chapter 73 of title 10'. 1971 - Pub. L. 92-198 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). 1970 - Par. (4). Pub. L. 91-588, Sec. 7(1), inserted reference to servicemen's group life insurance. Pars. (14) to (17). Pub. L. 91-588, Sec. 7(3), added pars. (14) to (17). 1967 - Par. (7). Pub. L. 90-77, Sec. 103(a), provided for exclusion of amounts paid by a wife of a veteran for the expenses of his past illness. Par. (9). Pub. L. 90-77, Sec. 103(b), designated existing provisions as subpar. (A) and added subpar. (B). 1964 - Par. (6). Pub. L. 88-664, Sec. 1(a), inserted '10 per centum of the amount of' before 'payments' and struck out 'equal to his contributions thereto' after 'programs'. Pars. (9) to (13). Pub. L. 88-664, Sec. 1(b), added pars. (9) to (13). 1961 - Pub. L. 87-268 substituted 'section 412(a)' for 'section 412'. 1959 - Pub. L. 86-211 among other changes, required the inclusion of all payments of any kind or from any source (including salary, retirement or annuity payments, or similar income, which has been waived), and permitted the exclusion of donations from public or private relief or welfare organizations, payments under policies of United States Government life insurance or National Service Life Insurance, and payments of servicemen's indemnity, lump sum death payments, payments to an individual under public or private retirement, annuity, endowment, or similar plans or programs equal to his contributions thereto, amounts equal to amounts paid by a widow or child for the veteran's just debts, expenses of his last illness, and expenses of his burial to the extent such expenses are not reimbursed under chapter 23 of this title, and proceeds of life insurance policies. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401 of Pub. L. 95-588, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Sections 101 and 106 of Pub. L. 94-169 provided that the amendments made by those sections are effective Jan. 1, 1976. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6 of Pub. L. 92-198, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91-588, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90-77, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Section 11 of Pub. L. 88-664 provided that: '(a) Except as otherwise provided herein, this Act (amending this section and sections 502, 506, 521, 541, 542, 612, and 3104 of this title and enacting provisions set out as a note under section 521 of this title) shall take effect on January 1, 1965. '(b) The amendment to paragraph (6) of section 503, title 38, United States Code, shall not apply to any individual receiving pension on December 31, 1964, under chapter 15 of said title, or subsequently determined entitled to such pension for said day, until his contributions have been recouped under the provision of that paragraph in effect on December 31, 1964.' EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3 of Pub. L. 87-268, set out as a note under section 412 of this title. EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86-211 effective July 1, 1960, see section 10 of Pub. L. 86-211, set out as an Effective Date note under section 506 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 111, 612 of this title. ------DocID 42799 Document 153 of 965------ -CITE- 38 USC Sec. 504 -EXPCITE- TITLE 38 PART II CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 504. Persons heretofore having a pensionable status -STATUTE- 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134.) ------DocID 42800 Document 154 of 965------ -CITE- 38 USC Sec. 505 -EXPCITE- TITLE 38 PART II CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 505. Payment of pension during confinement in penal institutions -STATUTE- (a) No pension under public or private laws administered by the Veterans' Administration 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 Administrator may apportion and pay to such veteran's spouse or children the pension 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 Administrator 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134; Pub. L. 94-169, title I, Sec. 106(9)-(11), Dec. 23, 1975, 89 Stat. 1017.) -MISC1- AMENDMENTS 1975 - Subsec. (a). Pub. L. 94-169, Sec. 106(9), substituted 'such individual's' for 'his' wherever appearing. Subsec. (b). Pub. L. 94-169, Sec. 106(10), substituted 'such veteran's spouse' for 'his wife'. Subsec. (c). Pub. L. 94-169, Sec. 106(11), substituted 'surviving spouse' for 'widow' wherever appearing. EFFECTIVE DATE OF 1975 AMENDMENT Section 106 of Pub. L. 94-169 provided that the amendment made by that section is effective Jan. 1, 1976. ------DocID 42801 Document 155 of 965------ -CITE- 38 USC Sec. 506 -EXPCITE- TITLE 38 PART II CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 506. Resource reports and overpayment adjustments -STATUTE- 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 who is an applicant for or a recipient of pension such information, proofs, and evidence as the Administrator 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 542 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) shall require that any such applicant or recipient file each year with the Veterans' Administration (on such form as may be prescribed for such purpose by the Administrator) 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 file a revised report whenever there is a material change in the estimated annual income of such applicant or recipient (or of any such spouse or dependent child) or a material change in such applicant's or recipient's estimate of 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 estimated 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 Administrator if such person ceases to meet the applicable definition of spouse or child. -SOURCE- (Added Pub. L. 86-211, Sec. 2(b), Aug. 29, 1959, 73 Stat. 432, and amended Pub. L. 88-664, Sec. 2, Oct. 13, 1964, 78 Stat. 1094; Pub. L. 91-588, Sec. 6, Dec. 24, 1970, 84 Stat. 1584; Pub. L. 94-169, title I, Sec. 106(12)-(14), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95-588, title I, Sec. 103, Nov. 4, 1978, 92 Stat. 2498; Pub. L. 96-466, title VI, Sec. 605(c)(2), Oct. 17, 1980, 94 Stat. 2211.) -MISC1- AMENDMENTS 1980 - Pub. L. 96-466 struck out '(a)' before 'As a condition' and struck out subsec. (b) which provided that in the event of an overpayment of pension under section 521, 541, or 542 of this title, the amount thereof be deducted (unless waived) from any future payments made thereunder to the person concerned. 1978 - Subsec. (a). Pub. L. 95-588 inserted provision authorizing the Administrator to consider the income of a spouse or child prior to granting a pension in par. (1), struck out exclusion from filing report for a child or person of 72 years of age or more who has been paid a pension for two consecutive years in par. (2), required changes in income of spouse or dependent child be included in the necessary revised income report in par. (3), and added par. (4). 1975 - Subsec. (a). Pub. L. 94-169 substituted 'the Administrator' for 'he' in par. (1), 'the Administrator' for 'him', 'such person' for 'he' and 'such person's' for 'his' wherever appearing, in par. (2), and 'such person's' for 'his' wherever appearing, in par. (3). 1970 - Subsec. (a)(2). Pub. L. 91-588 exempted from filing requirements of this section any person who has attained 72 years of age and has been paid a pension under sections 521, 541, or 542 of this title during two consecutive calendar years. 1964 - Subsec. (a)(2). Pub. L. 88-664 inserted ', other than a child,' after 'person'. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(f) of Pub. L. 96-466, set out as a note under section 3114 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401 of Pub. L. 95-588, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Section 106 of Pub. L. 94-169 provided that the amendment made by that section is effective Jan. 1, 1976. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-588 effective Jan. 1, 1972, see section 10(b) of Pub. L. 91-588, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section 11 of Pub. L. 88-664, set out as a note under section 503 of this title. EFFECTIVE DATE Section 10 of Pub. L. 86-211 provided that: 'This Act (enacting this section and section 617 of this title, amending sections 503, 521, 522, 541 to 543, and 3203 of this title, section 948 of former Title 5, Executive Departments and Government Officers and Employees, section 1441 of Title 10, Armed Forces, and section 228s-1 of Title 45, Railroads) shall take effect on July 1, 1960.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 507 of this title. ------DocID 42802 Document 156 of 965------ -CITE- 38 USC Sec. 507 -EXPCITE- TITLE 38 PART II CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 507. Disappearance -STATUTE- Where a veteran receiving pension under subchapter II of this chapter disappears, the Administrator may pay the pension otherwise payable to such veteran's spouse and children. In applying the provisions of this section, the Administrator may presume, without reports pursuant to section 506(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. -SOURCE- (Added Pub. L. 89-467, Sec. 1(a), June 22, 1966, 80 Stat. 218, and amended Pub. L. 94-169, title I, Sec. 106(15), Dec. 23, 1975, 89 Stat. 1017.) -MISC1- AMENDMENTS 1975 - Pub. L. 94-169 struck out 'in his discretion' after 'Administrator' and substituted 'payable to such veteran's spouse' for 'payable to his wife,' and 'made to a spouse' for 'made to a wife'. EFFECTIVE DATE OF 1975 AMENDMENT Section 106 of Pub. L. 94-169 provided that the amendment made by that section is effective Jan. 1, 1976. ------DocID 42803 Document 157 of 965------ -CITE- 38 USC Sec. 508 -EXPCITE- TITLE 38 PART II CHAPTER 15 SUBCHAPTER I -HEAD- Sec. 508. Frequency of payment of pension benefits -STATUTE- (a) Except as provided under subsection (b) of this section, benefits under sections 521, 541, and 542 of this title shall be paid monthly. (b) Under regulations which the Administrator shall prescribe, benefits under sections 521, 541, and 542 of this title may be paid less frequently than monthly if the amount of the annual benefit is less than 4 per centum of the maximum annual rate payable to a veteran under section 521(b) of this title. -SOURCE- (Added Pub. L. 95-588, title I, Sec. 104(a), Nov. 4, 1978, 92 Stat. 2499.) -MISC1- EFFECTIVE DATE Section effective Jan. 1, 1979, see section 401 of Pub. L. 95-588, set out as an Effective Date of 1978 Amendment note under section 101 of this title. ------DocID 42804 Document 158 of 965------ -CITE- 38 USC SUBCHAPTER II -EXPCITE- TITLE 38 PART II CHAPTER 15 SUBCHAPTER II -HEAD- SUBCHAPTER II - VETERANS' PENSIONS ------DocID 42805 Document 159 of 965------ -CITE- 38 USC Service Pension -EXPCITE- TITLE 38 PART II CHAPTER 15 SUBCHAPTER II Service Pension -HEAD- Service Pension ------DocID 42806 Document 160 of 965------ -CITE- 38 USC Sec. 510 -EXPCITE- TITLE 38 PART II CHAPTER 15 SUBCHAPTER II Service Pension -HEAD- (Sec. 510. Repealed. Pub. L. 94-169, title I, Sec. 101(2)(F), Dec. 23, 1975, 89 Stat. 1014) -MISC1- Section, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1135, provided monthly pension for persons who served in military or naval forces of Confederate States of America. EFFECTIVE DATE OF REPEAL Section 101 of Pub. L. 94-169 provided that the repeal is effective Jan. 1, 1976. ------DocID 42807 Document 161 of 965------ -CITE- 38 USC Sec. 511 -EXPCITE- TITLE 38 PART II CHAPTER 15 SUBCHAPTER II Service Pension -HEAD- Sec. 511. Indian War veterans -STATUTE- (a) The Administrator 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 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 paragraph (2). (2) The Administrator 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 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 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1135; Pub. L. 86-670, Sec. 1, July 14, 1960, 74 Stat. 545; Pub. L. 90-77, title I, Sec. 111(a), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94-169, title I, Sec. 106(16), Dec. 23, 1975, 89 Stat. 1017.) -MISC1- AMENDMENTS 1975 - Subsecs. (b), (c). Pub. L. 94-169 substituted 'such veteran' for 'he' wherever appearing. 1967 - Subsec. (c). Pub. L. 90-77 designated existing provisions as par. (1), inserted 'except as provided in paragraph (2)', and added par. (2). 1960 - Subsec. (c). Pub. L. 86-670 added subsec. (c). EFFECTIVE DATE OF 1975 AMENDMENT Section 106 of Pub. L. 94-169 provided that the amendment made by that section is effective Jan. 1, 1976. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90-77, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1960 AMENDMENT Section 3 of Pub. L. 86-670 provided that: 'This Act (amending this section and section 512 of this title) shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act (July 14, 1960).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 534, 535 of this title. ------DocID 42808 Document 162 of 965------ -CITE- 38 USC Sec. 512 -EXPCITE- TITLE 38 PART II CHAPTER 15 SUBCHAPTER II Service Pension -HEAD- Sec. 512. Spanish-American War veterans -STATUTE- (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 (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 Administrator 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 521 of this title as in effect on December 31, 1978, under regulations which the Administrator 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 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 - (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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1135; Pub. L. 86-670, Sec. 2, July 14, 1960, 74 Stat. 545; Pub. L. 90-77, title I, Sec. 111(b), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94-169, title I, Sec. 106(17), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95-588, title I, Sec. 105, Nov. 4, 1978, 92 Stat. 2500.) -MISC1- AMENDMENTS 1978 - Subsec. (a)(3)(A). Pub. L. 95-588, Sec. 105(1), inserted '(except the rate provided under subsection (g) of such section)' after 'of this title', substituted 'a period of war' for 'World War I', and struck out exception to pension elections formerly provided pursuant to subpar. (B). Subsec. (a)(3)(B). Pub. L. 95-588, Sec. 105(2), substituted 'as in effect on December 31, 1978, under regulations which the Administrator shall prescribe' for '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'. 1975 - Subsec. (a). Pub. L. 94-169 substituted 'such veteran' for 'he' wherever appearing. Subsec. (b). Pub. L. 94-169 substituted 'such veteran' for 'he'. 1967 - Subsec. (a)(3). Pub. L. 90-77 designated existing provisions as subpar. (A), inserted 'except as provided in subparagraph (B)', and added subpar. (B). 1960 - Subsec. (a)(3). Pub. L. 86-670 added cl. (3). EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401 of Pub. L. 95-588, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Section 106 of Pub. L. 94-169 provided that the amendment made by that section is effective Jan. 1, 1976. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90-77, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1960 AMENDMENT Amendment by Pub. L. 86-670 effective first day of second calendar month which begins after July 14, 1960, see section 3 of Pub. L. 86-670, set out as a note under section 511 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 536, 537 of this title. ------DocID 42809 Document 163 of 965------ -CITE- 38 USC Non-Service-Connected Disability Pension -EXPCITE- TITLE 38 PART II CHAPTER 15 SUBCHAPTER II Non-Service-Connected Disability Pension -HEAD- Non-Service-Connected Disability Pension ------DocID 42810 Document 164 of 965------ -CITE- 38 USC Sec. 521 -EXPCITE- TITLE 38 PART II CHAPTER 15 SUBCHAPTER II Non-Service-Connected Disability Pension -HEAD- Sec. 521. Veterans of a period of war -STATUTE- (a) The Administrator 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 3112 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. (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, 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 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 judgement of the Administrator 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 Administrator 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. -SOURCE- (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1136; Pub. L. 86-211, Sec. 3(a), Aug. 29, 1959, 73 Stat. 433; Pub. L. 87-101, Sec. 1, July 21, 1961, 75 Stat. 218; Pub. L. 88-664, Sec. 3(a), (b), 5, 6(a), 7, Oct. 13, 1964, 78 Stat. 1094, 1095; Pub. L. 90-77, title I, Sec. 104, title II, Sec. 202(a)-(c), Aug. 31, 1967, 81 Stat. 179, 182; Pub. L. 90-275, Sec. 1(a), (b), Mar. 28, 1968, 82 Stat. 64, 65; Pub. L. 91-588, Sec. 1(a), (b), 3(b), 9(c), Dec. 24, 1970, 84 Stat. 1580, 1583, 1584; Pub. L. 92-198, Sec. 1(a), (b), 5(b), Dec. 15, 1971, 85 Stat. 663, 664; Pub. L. 93-177, Sec. 1(a), (b), Dec. 6, 1973, 87 Stat. 694; Pub. L. 93-527, Sec. 2, Dec. 21, 1974, 88 Stat. 1702; Pub. L. 94-169, title I, Sec. 102, 106(18), Dec. 23, 1975, 89 Stat. 1014, 1018; Pub. L. 94-432, title II, Sec. 202, Sept. 30, 1976, 90 Stat. 1369; Pub. L. 95-204, title I, Sec. 101, Dec. 2, 1977, 91 Stat. 1455; Pub. L. 95-588, title I, Sec. 106(a), Nov. 4, 1978, 92 Stat. 2500.) -MISC1- AMENDMENTS 1978 - Subsec. (a). Pub. L. 95-588 revised pension eligibility requirements to speak in terms of a veteran of any period of war rather than veterans of specifically named wars and inserted reference to periodic pension increases pursuant to section 3112 of this title. Subsec. (b). Pub. L. 95-588 qualified parental requirement of this subsection by inserting custody provision, substituted a fixed pension amount of $3,550 for a formula for determining such annual pension based upon the annual income of the veteran, and struck out monthly minimum and maximum pension payments. Subsec. (c). Pub. L. 95-588 qualified parental requirement of this subsection by inserting custody provision, substituted a fixed pension amount of $4,651 for a formula for determining such annual pension based upon annual income of the veteran, and inserted provision authorizing an annual pension rate increase of $600 for each family member of the eligible veteran in excess of one. Subsec. (d). Pub. L. 95-588 substituted $5,680 as annual rate of pension payable to a veteran in need of regular aid and attendance under subsec. (b) of this section and $6,781 as such rate payable to such veteran under subsec. (c) of this section for provision authorizing a rate increase of $165 over and above the rate of pension payable under the applicable subsection in order to determine the rate payable to eligible veterans under this section and revised the method of reducing payments under this section by use of the recipient's annual income. Subsec. (e). Pub. L. 95-588 substituted $4,340 as annual rate of pension payable under subsec. (b) of this section for veterans eligible as recipients under this section and $5,441 as such annual rate under subsec. (c) of this section for provision authorizing rate increases of $61 per month for eligible veterans over and above the appropriate rate of pension payment under the applicable subsection, inserted provision authorizing increases of $600 per year in pension rates for recipients with eligible family members in excess of one, and provided for an annual income reduction in the pension rate payable. Subsec. (f). Pub. L. 95-588 substituted provisions relating to pension payments to veterans married to each other for provisions authorizing the inclusion of a spouse's annual income reasonably available to an eligible veteran in the computation of the annual income of an eligible veteran. Subsec. (g). Pub. L. 95-588 substituted provisions authorizing annual pension payment rate increases of $800 per year for eligible veterans who served in periods of war which did not entitle them to educational or home loan benefits similar to those paid veterans of subsequent periods of war for provisions specifying the eligibility service requirements of this section. Subsec. (h). Pub. L. 95-588 substituted provisions authorizing inclusion of income of a dependent child in custody of recipient veteran in computing annual income of such veteran and authorizing consideration of a veteran and his or her spouse as living together, even though they actually live apart, for provisions authorizing a twenty-five per cent rate increase in pension payments to a veteran who has attained age seventy-eight. Subsecs. (i), (j). Pub. L. 95-588 added subsecs. (i) and (j). 1977 - Subsec. (b)(1). Pub. L. 95-204, Sec. 101(1), increased monthly rate of pension from $185 to $197, and substituted '1,100' for '1,500' in two places, '1,700' for '1,800' in two places, and '3,770' for '3,540'. Subsec. (b)(3). Pub. L. 95-204, Sec. 101(2), substituted '$3,770' for '$3,540'. Subsec. (c)(1). Pub. L. 95-204, Sec. 101(3), increased monthly rates of pension from $199 to $212, $204 to $217, and $209 to $222, and substituted '1,000' for '1,100' in two places, '2,000' for '2,400' in two places, '3,000' for '3,100' in two places, '3,200' for '3,500' in two places, '3,600' for '3,700' in two places and '5,070' for '4,760'. Subsec. (c)(3). Pub. L. 95-204, Sec. 101(4), substituted '$5,070' for '$4,760'. Subsec. (d). Pub. L. 95-204, Sec. 101(5), substituted '$165' for '$155' in pars. (1) and (2). Subsec. (e). Pub. L. 95-204, Sec. 101(6), substituted '$61' for '$57'. 1976 - Subsec. (b)(1). Pub. L. 94-432, Sec. 202(1), increased monthly rate of pension from $173 to $185 and substituted $700 to $900 for $700 to $1,200, $900 to $1,500 for $1,200 to $1,700, $1,500 to $1,800 for $1,700 to $2,000, and $1,800 to $3,540 for $2,000 to $3,300. Subsec. (b)(3). Pub. L. 94-432, Sec. 202(2), substituted '$3,540' for '$3,300'. Subsec. (c)(1