Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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description: "Dependent parents"
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title_number: 38
title_name: "VETERANS BENEFITS"
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chapter_name: "GENERAL"
section: "102"
citation: "38 U.S.C. § 102"
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---
# 38 U.S.C. § 102 - Dependent parents
## Text
(a) Dependency of a parent, which may arise before or after the death of a veteran, shall be determined in accordance with regulations prescribed by the Secretary.
(b) Dependency of a parent shall not be denied (1) solely because of remarriage, or (2) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Secretary shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support.
(c) For the purposes of this section, in determining monthly income the Secretary shall not consider any payments under laws administered by the Secretary because of disability or death or payments of bonus or similar cash gratuity by any State based upon service in the Armed Forces.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 89358, § 4(e), (f), Mar. 3, 1966, 80 Stat. 24; Pub. L. 92540, title IV, § 408, Oct. 24, 1972, 86 Stat. 1092; Pub. L. 94432, title IV, § 402, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 99576, title VII, § 701(1), Oct. 28, 1986, 100 Stat. 3289; Pub. L. 10254, § 14(a)(2), June 13, 1991, 105 Stat. 282; Pub. L. 10283, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405.)
## Notes
Editorial Notes
Amendments1991—Subsecs. (a), (b). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (c). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary shall” for “Administrator shall”. Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. Pub. L. 10254 substituted “(c)” for “(C)” as subsec. designation. 1986—Pub. L. 99576, § 701(1)(B), substituted “Dependent parents” for “Dependent parents; husbands” in section catchline. Subsec. (a). Pub. L. 99576, § 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. 99576, § 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. 99576, § 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. 94432 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. 92540, § 408(2), substituted “Dependent parents; husbands” for “Dependent parents and dependent husbands” in section catchline. Subsec. (b). Pub. L. 92540, § 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. 89358, § 4(e), substituted “Dependency” for “Except for the purposes of chapter 33 of this title, dependency”. Subsec. (b). Pub. L. 89358, § 4(f), struck out from introductory parenthetical phrase reference to chapter 33 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94432 effective Sept. 30, 1976, see section 405(a) of Pub. L. 94432, set out as a note under section 1521 of this title.
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# 38 U.S.C. § 103 - Special provisions relating to marriages
## Text
(a) Whenever, in the consideration of any claim filed by a person as the widow or widower of a veteran for gratuitous death benefits under laws administered by the Secretary, it is established by evidence satisfactory to the Secretary that such person, without knowledge of any legal impediment, entered into a marriage with such veteran which, but for a legal impediment, would have been valid, and thereafter cohabited with the veteran for one year or more immediately before the veterans death, or for any period of time if a child was born of the purported marriage or was born to them before such marriage, the purported marriage shall be deemed to be a valid marriage, but only if no claim has been filed by a legal widow or widower of such veteran who is found to be entitled to such benefits. No duplicate payments shall be made by virtue of this subsection.
(b) Where a surviving spouse has been legally married to a veteran more than once, the date of original marriage will be used in determining whether the statutory requirement as to date of marriage has been met.
(c) In determining whether or not a person is or was the spouse of a veteran, their marriage shall be proven as valid for the purposes of all laws administered by the Secretary according to the law of the place where the parties resided at the time of the marriage or the law of the place where the parties resided when the right to benefits accrued.
(d) (1) The remarriage of the surviving spouse of a veteran shall not bar the furnishing of benefits to such person as the surviving spouse of the veteran if the remarriage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Secretary determines that the annulment was secured through fraud by either party or collusion.
(2) (A) The remarriage of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran if the remarriage has been terminated by death or divorce unless the Secretary determines that the divorce was secured through fraud or collusion.
(B) The remarriage after age 57 of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran. Notwithstanding the previous sentence, the remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of benefits under chapter 13 or section 1781 of this title to such person as the surviving spouse of the veteran.
(3) If the surviving spouse of a veteran ceases living with another person and holding himself or herself out openly to the public as that persons spouse, the bar to granting that person benefits as the surviving spouse of the veteran shall not apply in the case of the benefits specified in paragraph (5).
(4) The first month of eligibility for benefits for a surviving spouse by reason of paragraph (2)(A) or (3) shall be the month after—
(A) the month of the termination of such remarriage, in the case of a surviving spouse described in paragraph (2)(A); or
(B) the month of the cessation described in paragraph (3), in the case of a surviving spouse described in that paragraph.
(5) Paragraphs (2)(A) and (3) apply with respect to benefits under the following provisions of this title:
(A) Section 1311, relating to dependency and indemnity compensation.
(B) Section 1781, relating to medical care for survivors and dependents of certain veterans.
(C) Chapter 35, relating to educational assistance.
(D) Chapter 37, relating to housing loans.
(E) Section 1562(a)(2), relating to Medal of Honor special pension.
(e) The marriage of a child of a veteran shall not bar recognition of such child as the child of the veteran for benefit purposes if the marriage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Secretary determines that the annulment was secured through fraud by either party or collusion.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 87674, § 2, Sept. 19, 1962, 76 Stat. 558; Pub. L. 9077, title I, § 101(b), Aug. 31, 1967, 81 Stat. 178; Pub. L. 91376, § 4, Aug. 12, 1970, 84 Stat. 789; Pub. L. 93527, § 9(a), Dec. 21, 1974, 88 Stat. 1705; Pub. L. 99576, title VII, § 701(2), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 101508, title VIII, § 8004(a), Nov. 5, 1990, 104 Stat. 1388343; Pub. L. 10283, § 4(a)(1), (2)(A)(i), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405; Pub. L. 106117, title V, § 502(a), Nov. 30, 1999, 113 Stat. 1574; Pub. L. 107135, title II, § 208(e)(1), Jan. 23, 2002, 115 Stat. 2463; Pub. L. 107330, title I, § 101(a), Dec. 6, 2002, 116 Stat. 2821; Pub. L. 108183, title I, § 101(a), title VII, § 708(a)(1), Dec. 16, 2003, 117 Stat. 2652, 2673; Pub. L. 116315, title II, §§ 2003(b)(2)(B), 2009, Jan. 5, 2021, 134 Stat. 4970, 4978.)
## Notes
Editorial Notes
Amendments2021—Subsec. (d)(2)(B). Pub. L. 116315, § 2009, inserted “chapter 13 or” after “benefits under”. Subsec. (d)(5)(E). Pub. L. 116315, § 2003(b)(2)(B), added subpar. (E). 2003—Subsec. (d)(2)(B). Pub. L. 108183, § 101(a), substituted “The remarriage after age 57 of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran. Notwithstanding the previous sentence, the remarriage after age 55” for “The remarriage after age 55”. Subsec. (d)(4). Pub. L. 108183, § 708(a)(1)(A)(i), substituted “paragraph (2)(A) or (3)” for “this subsection” in introductory provisions. Subsec. (d)(4)(A). Pub. L. 108183, § 708(a)(1)(A)(ii), substituted “paragraph (2)(A)” for “paragraph (2)”. Subsec. (d)(5). Pub. L. 108183, § 708(a)(1)(B), substituted “Paragraphs (2)(A)” for “Paragraphs (2)” in introductory provisions. 2002—Subsec. (d)(2). Pub. L. 107330 designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (d)(5)(B). Pub. L. 107135 substituted “1781” for “1713”. 1999—Subsec. (d). Pub. L. 106117 designated existing provisions as par. (1) and added pars. (2) to (5). 1991—Subsec. (a). Pub. L. 10283, § 4(a)(1), (b)(1), (2)(E), substituted “administered by the Secretary” for “administered by the Veterans Administration” and “Secretary” for “Administrator”. Subsec. (c). Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. Subsecs. (d), (e). Pub. L. 10283, § 4(a)(2)(A)(i), substituted “Secretary” for “Veterans Administration”. 1990—Subsec. (d). Pub. L. 101508, § 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 persons spouse, the bar to granting that person benefits as the surviving spouse of the veteran shall not apply.” Subsec. (e). Pub. L. 101508, § 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. 99576, § 701(2)(A), substituted “person as the widow or widower” for “woman as the widow”, “such person” for “she”, “the veteran” for “him”, “the veterans” for “his”, and “legal widow or widower” for “legal widow”. Subsec. (b). Pub. L. 99576, § 701(2)(B), substituted “surviving spouse” for “widow”. Subsec. (c). Pub. L. 99576, § 701(2)(C), substituted “person is or was the spouse” for “woman is or was the wife”. Subsec. (d)(1). Pub. L. 99576, § 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. 99576, § 701(2)(E), substituted “surviving spouse” for “widow” wherever appearing, and “such person” for “her”. Subsec. (d)(3). Pub. L. 99576, § 701(2)(F), substituted “surviving spouse” for “widow” wherever appearing, “person” for “man”, “himself or herself” for “herself”, “that persons spouse” for “his wife”, and “that person” for “her”. 1974—Subsec. (e). Pub. L. 93527 designated existing provisions as par. (1) and added par. (2). 1970—Subsec. (d). Pub. L. 91376 designated existing provisions as par. (1) and added pars. (2) and (3). 1967—Subsec. (a). Pub. L. 9077 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. 87674 added subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPub. L. 116315, title II, § 2003(b)(3), Jan. 5, 2021, 134 Stat. 4970, provided that: “The amendments made by this subsection [amending this section and section 1562 of this title] shall apply with respect to payment of pension under section 1562 of title 38, United States Code, for months beginning after the date of the enactment of this Act [Jan. 5, 2021].”
Effective Date of 2003 AmendmentPub. L. 108183, title I, § 101(c), Dec. 16, 2003, 117 Stat. 2653, provided that: “The amendments made by subsections (a) and (b) [amending this section and section 1311 of this title] shall take effect on January 1, 2004.”
Effective Date of 2002 AmendmentPub. L. 107330, title I, § 101(c), Dec. 6, 2002, 116 Stat. 2821, provided that: “The amendments made by this section [amending this section] shall take effect on the date that is 60 days after the date of the enactment of this Act [Dec. 6, 2002].”
Effective Date of 1999 AmendmentPub. L. 106117, title V, § 502(c), Nov. 30, 1999, 113 Stat. 1574, provided that: “The amendments made by subsections (a) and (b) [amending this section and section 1311 of this title] shall take effect on the first day of the first month beginning after the month in which this Act is enacted [November 1999].”
Effective Date of 1990 AmendmentPub. L. 101508, title VIII, § 8004(b), Nov. 5, 1990, 104 Stat. 1388343, 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 AmendmentAmendment by Pub. L. 93527 effective Jan. 1, 1975, see section 10 of Pub. L. 93527, set out as a note under section 1521 of this title.
Effective Date of 1970 AmendmentAmendment by Pub. L. 91376 effective Jan. 1, 1971, see section 9 of Pub. L. 91376, set out as a note under section 1114 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L. 9077 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 9077, set out as a note under section 101 of this title.
Retroactive Benefits ProhibitedPub. L. 108183, title I, § 101(d), Dec. 16, 2003, 117 Stat. 2653, provided that: “No benefit may be paid to any person by reason of the amendments made by subsections (a) and (b) [amending this section and section 1311 of this title] for any period before the effective date specified in subsection (c) [set out as an Effective Date of 2003 Amendment note above].”
Application for BenefitsPub. L. 108183, title I, § 101(e), Dec. 16, 2003, 117 Stat. 2653, provided that: “In the case of an individual who but for having remarried would be eligible for benefits under title 38, United States Code, by reason of the amendment made by subsection (a) [amending this section] and whose remarriage was before the date of the enactment of this Act [Dec. 16, 2003] and after the individual had attained age 57, the individual shall be eligible for such benefits by reason of such amendment only if the individual submits an application for such benefits to the Secretary of Veterans Affairs not later than the end of the one-year period beginning on the date of the enactment of this Act.” Pub. L. 107330, title I, § 101(b), Dec. 6, 2002, 116 Stat. 2821, as amended by Pub. L. 108183, title I, § 101(f), Dec. 16, 2003, 117 Stat. 2653, provided that: “In the case of an individual who but for having remarried would be eligible for medical care under section 1781 of title 38, United States Code, and whose remarriage was before the date of the enactment of this Act [Dec. 6, 2002] and after the individual had attained age 55, the individual shall be eligible for such medical care by reason of the amendments made by subsection (a) [amending this section] only if an application for such medical care is received by the Secretary of Veterans Affairs before the end of the one-year period beginning on the date of the enactment of the Veterans Benefits Act of 2003 [Dec. 16, 2003].”
Limitation on PaymentsPub. L. 106117, title V, § 502(d), Nov. 30, 1999, 113 Stat. 1574, provided that: “No payment may be made to a person by reason of paragraphs (2) and (3) of section 103(d) of title 38, United States Code, as added by subsection (a), for any period before the effective date specified in subsection (c) [set out as an Effective Date of 1999 Amendment note above].”
Applicability of AmendmentsPub. L. 102568, title I, § 103, Oct. 29, 1992, 106 Stat. 4322, provided that: “(a) Exception.—The amendments made by section 8004 of the Omnibus Budget Reconciliation Act of 1990 (105 Stat. 424) [Pub. L. 101508, 104 Stat. 1388343, amending this section] shall not apply to any case in which a legal proceeding to terminate an existing marital relationship was commenced before November 1, 1990, by an individual described in subsection (b) if that proceeding directly resulted in the termination of such marriage. “(b) Covered Individuals.—An individual referred to in subsection (a) is an individual who, but for the marital relationship referred to in subsection (a), would be considered to be the surviving spouse of a veteran.” Pub. L. 10286, title V, § 502, Aug. 14, 1991, 105 Stat. 424, provided that: “The amendments made by section 8004 of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101508) [amending this section] shall not apply with respect to any individual who on October 31, 1990, was a surviving spouse or child within the meaning of title 38, United States Code, unless after that date that individual (1) marries, or (2) in the case of a surviving spouse, begins to live with another person while holding himself or herself out openly to the public as that persons spouse.”
Reinstatement of Benefits Subsequent to Termination of Relationship or Conduct Restricting Payment of Benefits; Effective Date of AwardPub. L. 91376, § 5, Aug. 12, 1970, 84 Stat. 789, 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.”
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# 38 U.S.C. § 104 - Approval of educational institutions
## Text
(a) For the purpose of determining whether or not benefits are payable under this title (except chapter 35 of this title) for a child over the age of eighteen years and under the age of twenty-three years who is attending a school, college, academy, seminary, technical institute, university, or other educational institution, the Secretary may approve or disapprove such educational institutions.
(b) The Secretary may not approve an educational institution under this section unless such institution has agreed to report to the Secretary the termination of attendance of any child. If any educational institution fails to report any such termination promptly, the approval of the Secretary shall be withdrawn.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 9124, § 1(c), June 11, 1969, 83 Stat. 33; Pub. L. 99576, title VII, § 701(3), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 substituted “Secretary” for “Administrator” wherever appearing. 1986—Subsec. (b). Pub. L. 99576 substituted “report to the Administrator” for “report to him”. 1969—Subsec. (a). Pub. L. 9124 substituted “the age of twenty-three years” for “the age of twenty-one years”.
@@ -0,0 +1,49 @@
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# 38 U.S.C. § 105 - Line of duty and misconduct
## Text
(a) An injury or disease incurred during active military, naval, air, or space service will be deemed to have been incurred in line of duty and not the result of the veterans 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, air, or space service, whether on active duty or on authorized leave, unless such injury or disease was a result of the persons 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 Secretary, the disabling effects of chronic alcoholism shall not be considered to be the result of willful misconduct.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 99576, title VII, § 701(4), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 100689, title I, § 109, Nov. 18, 1988, 102 Stat. 4170; Pub. L. 101508, title VIII, § 8052(a)(1), Nov. 5, 1990, 104 Stat. 1388351; Pub. L. 10283, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. L. 116283, div. A, title IX, § 926(a)(2), Jan. 1, 2021, 134 Stat. 3829.)
## Notes
Editorial Notes
Amendments2021—Subsec. (a). Pub. L. 116283 substituted “air, or space service” for “or air service” in two places. 1991—Subsec. (c). Pub. L. 10283 substituted “administered by the Secretary” for “administered by the Veterans Administration”. 1990—Subsec. (a). Pub. L. 101508 substituted “a result of the persons own willful misconduct or abuse of alcohol or drugs” for “the result of the persons own willful misconduct”. 1988—Subsec. (c). Pub. L. 100689 added subsec. (c). 1986—Subsec. (a). Pub. L. 99576, § 701(4)(A), substituted “result of the persons” for “result of his” and “requiring the person” for “requiring him”. Subsec. (b)(1). Pub. L. 99576, § 701(4)(B), substituted “service or by absenting himself or herself” for “service, or by absenting himself”.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentPub. L. 101508, title VIII, § 8052(b), Nov. 5, 1990, 104 Stat. 1388351, provided that: “The amendments made by subsection (a) [amending this section and sections 310 and 331 [now 1110 and 1131] of this title] shall take effect with respect to claims filed after October 31, 1990.”
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# 38 U.S.C. § 106 - Certain service deemed to be active service
## Text
(a) (1) Service as a member of the Womens 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 Womens Army Auxiliary Corps or the Womens Army Corps shall be considered active duty for the purposes of all laws administered by the Secretary.
(2) Any person entitled to compensation or pension by reason of this subsection and to employees compensation based upon the same service under subchapter I of chapter 81 of title 5 must elect which benefit she will receive.
(b) Any person—
(1) who has applied for enlistment or enrollment in the active military, naval, air, or space 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 persons 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, air, or space 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 individuals home by the most direct route, and in any event that individual shall be deemed to have continued on active duty until midnight of the date of such discharge or release.
(d) (1) For the purposes of this title, any individual—
(A) who, when authorized or required by competent authority, assumes an obligation to perform active duty for training or inactive duty training; and
(B) who is disabled or dies from an injury or covered disease incurred while proceeding directly to or returning directly from such active duty for training or inactive duty training, as the case may be;
shall be deemed to have been on active duty for training or inactive duty training, as the case may be, at the time such injury or covered disease was incurred.
(2) In determining whether or not such individual was so authorized or required to perform such duty, and whether or not such individual was disabled or died from injury or covered disease so incurred, the Secretary shall take into account the hour on which such individual began so to proceed or to return; the hour on which such individual was scheduled to arrive for, or on which such individual ceased to perform, such duty; the method of travel employed; the itinerary; the manner in which the travel was performed; and the immediate cause of disability or death.
(3) Whenever any claim is filed alleging that the claimant is entitled to benefits by reason of this subsection, the burden of proof shall be on the claimant.
(4) For purposes of this subsection, the term “covered disease” means any of the following:
(A) Acute myocardial infarction.
(B) A cardiac arrest.
(C) A cerebrovascular accident.
(e) Each person who has incurred a disability as a result of an injury or disease described in subsection (b) shall be entitled to the same rights, privileges, and benefits under title 5 as a preference eligible described in section 2108(3)(C) of title 5.
(f) Service as a member of the Alaska Territorial Guard during World War II of any individual who was honorably discharged therefrom under section 8147 of the Department of Defense Appropriations Act, 2001, shall be considered active duty for purposes of all laws administered by the Secretary.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 87102, § 1, July 21, 1961, 75 Stat. 219; Pub. L. 88616, Oct. 2, 1964, 78 Stat. 994; Pub. L. 89311, § 5, Oct. 31, 1965, 79 Stat. 1156; Pub. L. 97295, § 4(3), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99576, title VII, § 701(5), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 10283, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405; Pub. L. 106259, title VIII, § 8147(a), Aug. 9, 2000, 114 Stat. 705; Pub. L. 106419, title III, § 301(b), Nov. 1, 2000, 114 Stat. 1852; Pub. L. 116283, div. A, title IX, § 926(a)(3), Jan. 1, 2021, 134 Stat. 3829.)
## Notes
Editorial Notes
References in TextSection 8147 of the Department of Defense Appropriations Act, 2001, referred to in subsec. (f), is section 8147 of Pub. L. 106259, which amended this section and enacted provisions set out as a note below.
Amendments2021—Subsec. (b). Pub. L. 116283 substituted “air, or space service” for “or air service” in par. (1) and concluding provisions. 2000—Subsec. (d). Pub. L. 106419 designated first sentence as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and inserted “or covered disease” after “injury” in subpar. (B) and in concluding provisions, designated second sentence as par. (2) and inserted “or covered disease” after “injury”, designated third sentence as par. (3), and added par. (4). Subsec. (f). Pub. L. 106259 added subsec. (f). 1991—Subsec. (a)(1). Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. Subsec. (d). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in concluding provisions. 1986—Subsec. (b)(2). Pub. L. 99576, § 701(5)(A), substituted “the persons” for “his”. Subsec. (c). Pub. L. 99576, § 701(5)(B), substituted “required for that individual” for “required for him”, “proceed to that individuals home” for “proceed to his home”, and “in any event that individual” for “in any event he”. Subsec. (d). Pub. L. 99576, § 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. 97295, § 4(3)(A), substituted “subchapter I of chapter 81 of title 5” for “the Federal Employees Compensation Act”. Subsec. (e). Pub. L. 97295, § 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. 387391), as a person described in section 2(1) of such Act”. 1965—Subsec. (e). Pub. L. 89311 added subsec. (e). 1964—Subsec. (d)(2). Pub. L. 88616 struck out “after December 31, 1956,” after “injury incurred”. 1961—Subsec. (c). Pub. L. 87102 extended provisions for benefits based on limited periods immediately following discharge from active duty after December 31, 1956 to veterans discharged before such date.
Statutory Notes and Related Subsidiaries
Effective Date of 1961 AmendmentPub. L. 87102, § 2, July 21, 1961, 75 Stat. 219, 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].”
Service in Alaska Territorial GuardPub. L. 106259, title VIII, § 8147(b), (c), Aug. 9, 2000, 114 Stat. 705, provided that: “(b) Discharge.—(1) The Secretary of Defense shall issue to each individual who served as a member of the Alaska Territorial Guard during World War II a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. “(2) A discharge under paragraph (1) shall designate the date of discharge. The date of discharge shall be the date, as determined by the Secretary, of the termination of service of the individual concerned as described in that paragraph. “(c) Prohibition on Retroactive Benefits.—No benefits shall be paid to any individual for any period before the date of the enactment of this Act [Aug. 9, 2000] by reason of the enactment of this section [amending this section and enacting this note].”
Womens Air Forces Service PilotsPub. L. 95202, title IV, § 401, Nov. 23, 1977, 91 Stat. 1449, as amended by Pub. L. 96466, title VIII, § 801(m)(3), Oct. 17, 1980, 94 Stat. 2217; Pub. L. 9894, title XII, § 1263(a), Sept. 24, 1983, 97 Stat. 703; Pub. L. 10283, § 6(b), Aug. 6, 1991, 105 Stat. 407, provided that: “(a)(1) Notwithstanding any other provision of law, the service of any person as a member of the Womens Air Forces Service Pilots (a group of Federal civilian employees attached to the United States Army Air Force during World War II), or the service of any person in any other similarly situated group the members of which rendered service to the Armed Forces of the United States in a capacity considered civilian employment or contractual service at the time such service was rendered, shall be considered active duty for the purposes of all laws administered by the Secretary of Veterans Affairs if the Secretary of Defense, pursuant to regulations which the Secretary shall prescribe—“(A) after a full review of the historical records and all other available evidence pertaining to the service of any such group, determines, on the basis of judicial and other appropriate precedent, that the service of such group constituted active military service, and “(B) in the case of any such group with respect to which such Secretary has made an affirmative determination that the service of such group constituted active military service, issues to each member of such group a discharge from such service under honorable conditions where the nature and duration of the service of such member so warrants. Discharges issued pursuant to the provisions of the first sentence of this paragraph shall designate as the date of discharge that date, as determined by the Secretary of Defense, on which such service by the person concerned was terminated. “(2) In making a determination under clause (A) of paragraph (1) of this subsection with respect to any group described in such paragraph, the Secretary of Defense may take into consideration the extent to which—“(A) such group received military training and acquired a military capability or the service performed by such group was critical to the success of a military mission, “(B) the members of such group were subject to military justice, discipline, and control, “(C) the members of such group were permitted to resign, “(D) the members of such group were susceptible to assignment for duty in a combat zone, and “(E) the members of such group had reasonable expectations that their service would be considered to be active military service. “(b)(1) No benefits shall be paid to any person for any period prior to the date of enactment of this title [Nov. 23, 1977] as a result of the enactment of subsection (a) of this section. “(2) The provisions of section 106(a)(2) of title 38, United States Code, relating to election of benefits, shall be applicable to persons made eligible for benefits, under laws administered by the Secretary of Veterans Affairs, as a result of implementation of the provisions of subsection (a) of this section. “(c) Under regulations prescribed by the Secretary of Defense, any person who is issued a discharge under honorable conditions pursuant to the implementation of subsection (a) of this section may be awarded any campaign or service medal warranted by such persons service.” [Section 1263(b) of Pub. L. 9894 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. 95202, 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. 96466, effective Oct. 1, 1980, see section 802(h) of Pub. L. 96466, set out as an Effective Date of 1980 Amendment note under section 3452 of this title.]
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# 38 U.S.C. § 108 - Seven-year absence presumption of death
## Text
(a) No State law providing for presumption of death shall be applicable to claims for benefits under laws administered by the Secretary.
(b) If evidence satisfactory to the Secretary is submitted establishing the continued and unexplained absence of any individual from that individuals home and family for seven or more years, and establishing that after diligent search no evidence of that individuals existence after the date of disappearance has been found or received, the death of such individual as of the date of the expiration of such period shall be considered as sufficiently proved.
(c) Except in a suit brought pursuant to section 1984 of this title, the finding of death made by the Secretary shall be final and conclusive.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 99576, title VII, § 701(7), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 10283, §§ 4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403406.)
## Notes
Editorial Notes
Amendments1991—Subsec. (a). Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. Subsec. (b). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (c). Pub. L. 10283, § 5(c)(1), substituted “1984” for “784”. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1986—Subsec. (b). Pub. L. 99576 substituted “that individuals” for “his” in two places.
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# 38 U.S.C. § 109 - Benefits for discharged members of allied forces
## Text
(a) (1) In consideration of reciprocal services extended to the United States, the Secretary, upon request of the proper officials of the government of any nation allied or associated with the United States in World War I (except any nation which was an enemy of the United States during World War II), or in World War II, may furnish to discharged members of the armed forces of such government, under agreements requiring reimbursement in cash of expenses so incurred, at such rates and under such regulations as the Secretary may prescribe, medical, surgical, and dental treatment, hospital care, transportation and traveling expenses, prosthetic appliances, education, training, or similar benefits authorized by the laws of such nation for its veterans, and services required in extending such benefits. Hospitalization in a Department facility shall not be afforded under this section, except in emergencies, unless there are available beds surplus to the needs of veterans of this country. The Secretary may also pay the court costs and other expenses incident to the proceedings taken for the commitment of such discharged members who are mentally incompetent to institutions for the care or treatment of the insane.
(2) The Secretary, in carrying out the provisions of this subsection, may contract for necessary services in private, State, and other Government hospitals.
(3) All amounts received by the Department as reimbursement for such services shall be credited to the current appropriation of the Department from which expenditures were made under this subsection.
(b) Persons who served in the active service in the armed forces of any government allied with the United States in World War II and who at time of entrance into such active service were citizens of the United States shall, by virtue of such service, and if otherwise qualified, be entitled to the benefits of chapters 31 and 37 of this title in the same manner and to the same extent as veterans of World War II are entitled. No such benefit shall be extended to any person who is not a resident of the United States at the time of filing claim, or to any person who has applied for and received the same or any similar benefit from the government in whose armed forces such person served.
(c) (1) Any person who served during World War I or World War II as a member of any armed force of the Government of Czechoslovakia or Poland and participated while so serving in armed conflict with an enemy of the United States and has been a citizen of the United States for at least ten years shall, by virtue of such service, and upon satisfactory evidence thereof, be entitled to hospital and domiciliary care and medical services within the United States under chapter 17 of this title to the same extent as if such service had been performed in the Armed Forces of the United States unless such person is entitled to, or would, upon application thereof, be entitled to, payment for equivalent care and services under a program established by the foreign government concerned for persons who served in its armed forces in World War I or World War II.
(2) In order to assist the Secretary in making a determination of proper service eligibility under this subsection, each applicant for the benefits thereof shall furnish an authenticated certification from the French Ministry of Defense or the British War Office as to records in either such Office which clearly indicate military service of the applicant in the Czechoslovakian or Polish armed forces and subsequent service in or with the armed forces of France or Great Britain during the period of World War I or World War II.
(d) (1) Any person described in paragraph (2) is eligible for the benefits specified in subsection (a) to the same extent and under the same conditions (including with respect to applicable reciprocity requirements) as a discharged member of the armed forces of a government specified in such subsection who is eligible for such benefits under such subsection.
(2) A person described in this paragraph is a person whom the Secretary determines served in Vietnam as a member of the armed forces of the Republic of Korea at any time during the period beginning on January 9, 1962, and ending on May 7, 1975, or such other period as determined appropriate by the Secretary for purposes of this subsection.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 94491, Oct. 14, 1976, 90 Stat. 2363; Pub. L. 99576, title VII, § 701(8), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 10283, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 11820, § 2, Nov. 13, 2023, 137 Stat. 108.)
## Notes
Editorial Notes
Amendments2023—Subsec. (d). Pub. L. 11820 added subsec. (d). 1991—Subsec. (a)(1). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”. Subsec. (a)(2). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (a)(3). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” in two places. Subsec. (c)(2). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1986—Subsec. (b). Pub. L. 99576 substituted “such person” for “he”. 1976—Subsec. (c). Pub. L. 94491 added subsec. (c).
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# 38 U.S.C. § 110 - Preservation of disability ratings
## Text
A rating of total disability or permanent total disability which has been made for compensation, pension, or insurance purposes under laws administered by the Secretary, and which has been continuously in force for twenty or more years, shall not be reduced thereafter, except upon a showing that such rating was based on fraud. A disability which has been continuously rated at or above evaluation for twenty or more years for compensation purposes under laws administered by the Secretary shall not thereafter be rated at less than such evaluation, except upon a showing that such rating was based on fraud. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 87825, § 6, Oct. 15, 1962, 76 Stat. 950; Pub. L. 88445, § 1(a), (b), Aug. 19, 1964, 78 Stat. 464; Pub. L. 9132, June 23, 1969, 83 Stat. 38; Pub. L. 10283, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 substituted “Secretary” for “Administrator” and substituted “administered by the Secretary” for “administered by the Veterans Administration” in two places. 1969—Pub. L. 9132 substituted “evaluation” for “percentage” wherever appearing. 1964—Pub. L. 88445 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. 87825 provided for computation of the period from the date the Administrator determines as the date the status commenced for rating purposes.
Statutory Notes and Related Subsidiaries
Effective Date of 1969 AmendmentPub. L. 9132, June 23, 1969, 83 Stat. 38, provided in part that the amendment made by that section is effective Aug. 19, 1964.
Effective Date of 1962 AmendmentPub. L. 87825, § 7, Oct. 15, 1962, 76 Stat. 950, provided that: “This Act [see Tables for classification] 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.”
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# 38 U.S.C. § 111A - Transportation of individuals to and from Department facilities
## Text
(a) Transportation by Secretary.— (1) The Secretary may transport any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care.
(2) The authority granted by paragraph (1) shall expire on September 30, 2026.
(b) Transportation by Third-parties.— (1) The Secretary, in consultation and coordination with the Secretary of Transportation and appropriate representatives of veterans service organizations, shall take all appropriate steps to facilitate the establishment and maintenance of a program under which such organizations, or individuals who are volunteering their services to the Department, would take responsibility for the transportation, without reimbursement from the Department, to Department facilities of veterans (primarily those residing in areas which are geographically accessible to such facilities) who seek services or benefits from the Department under chapter 17 or other provisions of this title.
(2) (A) Not later than 90 days after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, the Secretary shall develop and establish a national protocol for the administration of medical examinations for volunteer drivers to participate in the program described in paragraph (1).
(B) In developing the protocol required by subparagraph (A), the Secretary shall consult with such persons as the Secretary determines have an interest in the program described in paragraph (1).
(C) (i) The Secretary shall implement the protocol by first conducting a one-year pilot program using the protocol.
(ii) After conducting the pilot program required by clause (i), the Secretary shall assess the pilot program and make such changes to the protocol as the Secretary considers appropriate.
(iii) After making changes to the protocol under clause (ii), the Secretary shall implement the protocol in phases during the course of one year.
(Added and amended Pub. L. 112260, title II, § 202(a), (b), Jan. 10, 2013, 126 Stat. 2423, 2424; Pub. L. 11359, § 6, Dec. 20, 2013, 127 Stat. 662; Pub. L. 113175, title IV, § 401, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 11458, title IV, § 401, Sept. 30, 2015, 129 Stat. 534; Pub. L. 114228, title IV, § 401, Sept. 29, 2016, 130 Stat. 939; Pub. L. 11562, title IV, § 401, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115251, title I, § 161, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116159, div. E, title II, § 5204, Oct. 1, 2020, 134 Stat. 750; Pub. L. 116315, title VII, § 7001, Jan. 5, 2021, 134 Stat. 5054; Pub. L. 117180, div. E, title II, § 201, Sept. 30, 2022, 136 Stat. 2137; Pub. L. 11883, div. B, title III, § 331, Sept. 26, 2024, 138 Stat. 1541; Pub. L. 11937, div. G, title IV, § 7403, Nov. 12, 2025, 139 Stat. 654.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, referred to in subsec. (b)(2)(A), is the date of enactment of Pub. L. 116315, which was approved Jan. 5, 2021.
Amendments2025—Subsec. (a)(2). Pub. L. 11937 substituted “September 30, 2026” for “September 30, 2025”. 2024—Subsec. (a)(2). Pub. L. 11883 substituted “September 30, 2025” for “September 30, 2024”. 2022—Subsec. (a)(2). Pub. L. 117180 substituted “September 30, 2024” for “September 30, 2022”. 2021—Subsec. (b). Pub. L. 116315 designated existing provisions as par. (1) and added par. (2). 2020—Subsec. (a)(2). Pub. L. 116159 substituted “September 30, 2022” for “September 30, 2020”. 2018—Subsec. (a)(2). Pub. L. 115251 substituted “September 30, 2020” for “September 30, 2019”. 2017—Subsec. (a)(2). Pub. L. 11562 substituted “September 30, 2019” for “December 31, 2017”. 2016—Subsec. (a)(2). Pub. L. 114228 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (a)(2). Pub. L. 11458 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (a)(2). Pub. L. 113175 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (a)(2). Pub. L. 11359 substituted “December 31, 2014” for “the date that is one year after the date of the enactment of this section”. Subsec. (b). Pub. L. 112260, § 202(b), transferred subsec. (h) of section 111 of this title to this section, redesignated it as subsec. (b), and inserted heading.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 AmendmentPub. L. 11937, div. G, title IV, § 7406, Nov. 12, 2025, 139 Stat. 654, provided that: “The amendments made by this division [amending this section, sections 312, 315, 503, 1710, 1710A, 2021A, 2031, 2033, 2044, 2061, 2102A, 2108, 3699, 3720, 3733, 3737, and 8118 of this title and provisions set out as notes under sections 1712A, 1720F, and 5101 of this title], except for the amendments made by section 7307 [amending sections 3720 and 3737 of this title], shall take effect as if enacted on September 30, 2025.”
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# 38 U.S.C. § 112 - Presidential memorial certificate program
## Text
(a) At the request of the President the Secretary may conduct a program for honoring the memory of deceased persons eligible for burial in a national cemetery by reason of any of paragraphs (1), (2), (3), or (7) of section 2402(a) of this title, by preparing and sending to eligible recipients a certificate bearing the signature of the President and expressing the countrys grateful recognition of the deceased individuals 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.
(c) A certificate may not be furnished under the program under subsection (a) on behalf of a deceased person described in section 2411(b) of this title.
(Added Pub. L. 8988, § 1(a), July 24, 1965, 79 Stat. 264; amended Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 107330, title II, § 201(a), Dec. 6, 2002, 116 Stat. 2823; Pub. L. 112154, title VI, § 603, Aug. 6, 2012, 126 Stat. 1201; Pub. L. 114315, title III, § 302(a), Dec. 16, 2016, 130 Stat. 1551.)
## Notes
Editorial Notes
Amendments2016—Subsec. (a). Pub. L. 114315 substituted “persons eligible for burial in a national cemetery by reason of any of paragraphs (1), (2), (3), or (7) of section 2402(a) of this title,” for “veterans, discharged under honorable conditions, and persons who died in the active military, naval, or air service,”. 2012—Subsec. (a). Pub. L. 112154 inserted “and persons who died in the active military, naval, or air service,” after “under honorable conditions,” and substituted “deceased individuals” for “veterans”. 2002—Subsec. (c). Pub. L. 107330 added subsec. (c). 1991—Subsec. (a). Pub. L. 10283 substituted “Secretary” for “Administrator”.
Statutory Notes and Related Subsidiaries
Effective Date of 2016 AmendmentPub. L. 114315, title III, § 302(b), Dec. 16, 2016, 130 Stat. 1551, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to the death of a person eligible for burial in a national cemetery by reason of paragraph (1), (2), (3), or (7) of section 2402(a) of title 38, United States Code, occurring before, on, or after the date of the enactment of this Act [Dec. 16, 2016].”
Effective Date of 2002 AmendmentPub. L. 107330, title II, § 201(d), Dec. 6, 2002, 116 Stat. 2823, provided that: “The amendments made by this section [amending this section and sections 2301 and 2306 of this title] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [Dec. 6, 2002].”
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# 38 U.S.C. § 113 - Treatment of certain programs under sequestration procedures
## Text
(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 2307 of this title, relating to burial benefits for veterans who die as the result of a service-connected disability.
(3) Benefits under chapter 39 of this title, relating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces.
(4) Assistance and services under chapter 31 of this title, relating to training and rehabilitation for certain veterans with service-connected disabilities.
(5) Benefits under chapter 35 of this title, relating to educational assistance for survivors and dependents of certain veterans with service-connected disabilities.
(6) Benefits under subchapters I, II, and III of chapter 37 of this title, relating to housing loans for certain veterans and for the spouses and surviving spouses of certain veterans.
(b) The following accounts of the Department shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration law and shall not be included in any report specifying reductions in Federal spending:
(1) The following life insurance accounts:
(A) The National Service Life Insurance Fund authorized by section 1920 of this title.
(B) The Service-Disabled Veterans Insurance Fund authorized by section 1922 of this title.
(C) The Veterans Special Life Insurance Fund authorized by section 1923 of this title.
(D) The Veterans Reopened Insurance Fund authorized by section 1925 of this title.
(E) The United States Government Life Insurance Fund authorized by section 1955 of this title.
(F) The Veterans Insurance and Indemnity appropriation authorized by section 1919 of this title.
(2) The following revolving fund accounts:
(A) The Department of Veterans Affairs Special Therapeutic and Rehabilitation Activities Fund established by section 1718(c) of this title.
(B) The Veterans Canteen Service revolving fund authorized by section 7804 of this title.
(c) (1) A benefit under section 2301, 2303, 2306, or 2308 of this title that is subject to reduction under a sequestration order or sequestration law shall be paid in accordance with the rates determined under the sequestration order or law (if any) in effect on the date of the death of the veteran concerned.
(2) A benefit paid to, or on behalf of, an eligible veteran for pursuit of a program of education or training under chapter 30, 31, 34, 35, or 36 of this title that is subject to a sequestration order or a sequestration law shall be paid in accordance with the rates 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 Secretary after consultation with the Director of the Congressional Budget Office) by which payments of such benefit will be reduced by reason of such paragraph after the last day of the period during which such order or law is in effect shall be deemed to be additional reductions in the payments of such benefit made, and in new budget authority for such payments, during such period.
(d) In computing the amount of new budget authority by which a budget account of the Department is to be reduced for a fiscal year under a report of the Director of the Office of Management and Budget, or under an order of the President under part C of the Balanced Budget and Emergency Deficit Control Act of 1985, the base from which the amount of the reduction for such account is determined shall be established without regard to any amount of new budget authority in such account (determined under section 251(a)(6) 11 See References in Text note below. of such Act) for any of the programs listed in subsection (a) of this section.
(e) This section applies without regard to any other provision of law (whether enacted before, on, or after the date of the enactment of this section) unless such Act expressly provides that it is enacted as a limitation to this section.
(f) For the purposes of this section:
(1) The term “sequestration” means a reduction in spending authority and loan guarantee commitments generally throughout the Government under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law.
(2) The term “sequestration law” means a law enacted with respect to a sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law (under the procedures specified in that Act or otherwise).
(3) The term “sequestration order” means an order of the President issued under part C of such Act.
(Added Pub. L. 99576, title VI, § 601(a)(1), Oct. 28, 1986, 100 Stat. 3287; amended Pub. L. 100198, § 12(a), Dec. 21, 1987, 101 Stat. 1325; Pub. L. 100322, title IV, § 411(b), (c), May 20, 1988, 102 Stat. 547; Pub. L. 10240, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; Pub. L. 10283, §§ 4(a)(2)(B)(i), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403406; Pub. L. 116315, title II, § 2202(b)(1)(D), Jan. 5, 2021, 134 Stat. 4985.)
## Notes
Editorial Notes
References in TextThe Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsecs. (a), (b), (d), and (f), is title II of Pub. L. 99177, Dec. 12, 1985, 99 Stat. 1038. Part C of the Act is classified generally to subchapter I (§ 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. 101508, title XIII, § 13101(a), Nov. 5, 1990, 104 Stat. 1388577, and Pub. L. 11225, title I, § 101, Aug. 2, 2011, 125 Stat. 241. 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. 99576, which was approved Oct. 28, 1986.
Amendments2021—Subsec. (c)(1). Pub. L. 116315 struck out “2302,” after “section 2301,”. 1991—Subsec. (a)(2). Pub. L. 10283, § 5(c)(1), substituted “2307” for “907”. Subsec. (b). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” in introductory provisions. Subsec. (b)(1). Pub. L. 10283, § 5(c)(1), substituted “1920” for “720” in subpar. (A), “1922” for “722” in subpar. (B), “1923” for “723” in subpar. (C), “1925” for “725” in subpar. (D), “1955” for “755” in subpar. (E), and “1919” for “719” in subpar. (F). Subsec. (b)(2)(A). Pub. L. 10283, § 5(c)(1), substituted “1718(c)” for “618(c)”. Pub. L. 10283, § 4(a)(2)(B)(i), substituted “Department of Veterans Affairs” for “Veterans Administration”. Subsec. (b)(2)(B). Pub. L. 10240 substituted “7804” for “4204”. Subsec. (c)(1). Pub. L. 10283, § 5(c)(1), substituted “2301, 2302, 2303, 2306, or 2308” for “901, 902, 903, 906, or 908”. Subsec. (c)(3). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (d). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”. 1988—Subsec. (a)(4), (5). Pub. L. 100322, § 411(b), struck out “(but only with respect to fiscal year 1987)” before period at end. Subsec. (d). Pub. L. 100322, § 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. 100198, § 12(a)(1), added par. (6). Subsec. (c)(2). Pub. L. 100198, § 12(a)(3), substituted “31, 34, 35, or 36” for “34, or 36”. Subsecs. (e) to (g). Pub. L. 100198, § 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 Administrators 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.”
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPub. L. 116315, title II, § 2202(d), Jan. 5, 2021, 134 Stat. 4985, provided that: “The amendments made by this section [amending this section and sections 2302 to 2304, 2307, 2308, and 5101 of this title and section 3810 of Title 50, War and National Defense] shall apply to deaths that occur on or after the date that is two years after the date of the enactment of this Act [Jan. 5, 2021].”
Effective Date of 1987 AmendmentPub. L. 100198, § 12(b), Dec. 21, 1987, 101 Stat. 1325, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on November 19, 1987.”
Effective DatePub. L. 99576, title VI, § 601(b), Oct. 28, 1986, 100 Stat. 3289, 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 FundsPub. L. 100322, title IV, § 411(a), May 20, 1988, 102 Stat. 547, provided that: “(1) Notwithstanding section 601(b) of the Veterans Benefits Improvement and Health-Care Authorization Act of 1986 (Public Law 99576) [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.”
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# 38 U.S.C. § 114 - Multiyear procurement
## Text
(a) The Secretary may enter into a multiyear contract for the procurement of supplies or services if the Secretary makes each of the following determinations:
(1) Appropriations are available for obligations that are necessary for total payments that would be required during the fiscal year in which the contract is entered into, plus the estimated amount of any cancellation charge payable under the contract.
(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 Department activities;
(C) increasing quality of performance by or service from the contractors; or
(D) encouraging effective competition.
(3) During the proposed contract period—
(A) there will be a continuing or recurring need for the supplies or services being procured;
(B) there is not a substantial likelihood of substantial changes in the need for such supplies or services in terms of the total quantity of such supplies or services or of the rate of delivery of such supplies or services; and
(C) the specifications for the supplies or services are expected to be reasonably stable.
(4) The risks relating to the prospective contractors ability to perform in accordance with the specifications and other terms of the contract are not excessive.
(5) The use of a multiyear contract will not inhibit small business concerns in competing for the contract.
(6) In the case of the procurement of a pharmaceutical item for which a patent has expired less than four years before the date on which the solicitation of offers is issued, there is no substantial likelihood that increased competition among potential contractors would occur during the term of the contract as the result of the availability of generic equivalents increasing during the term of the contract.
(b) (1) A multiyear contract authorized by this section shall contain—
(A) a provision that the obligation of the United States under the contract during any fiscal year which is included in the contract period and is subsequent to the fiscal year during which the contract is entered into is contingent on the availability of sufficient appropriations (as determined by the Secretary pursuant to paragraph (2)(A) of this subsection) if, at the time the contract is entered into, appropriations are not available to cover the total estimated payments that will be required during the full term of the contract; and
(B) notwithstanding section 1502(a) of title 31, a provision for the payment of reasonable cancellation charges to compensate the contractor for nonrecurring, unrecovered costs, if any, if the performance is cancelled pursuant to the provision required by subparagraph (A) of this paragraph.
(2) (A) If, during a fiscal year after the fiscal year during which a multiyear contract is entered into under this section, the Secretary determines that, in light of other funding needs involved in the operation of Department programs, the amount of funds appropriated for such subsequent fiscal year is not sufficient for such contract, the Secretary shall cancel such contract pursuant to the provisions required by paragraph (1)(A) of this subsection.
(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 Secretarys exercise of the right to terminate for convenience a contract under any other provision of law which authorizes multiyear contracting.
(d) The Secretary shall prescribe regulations for the implementation of this section.
(e) For the purposes of this section:
(1) The term “appropriations” has the meaning given that term in section 1511 of title 31.
(2) The term “multiyear contract” means a contract which by its 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.
(Added Pub. L. 100322, title IV, § 404(a), May 20, 1988, 102 Stat. 545; amended Pub. L. 101237, title VI, § 601(a), (b)(1), Dec. 18, 1989, 103 Stat. 2094; Pub. L. 10283, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
## Notes
Editorial Notes
Amendments1991—Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in introductory provisions. Subsec. (a)(2)(B). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”. Subsec. (b)(1)(A). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (b)(2)(A). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”. Subsec. (c). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretarys” for “Administrators”. Subsec. (d). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1989—Pub. L. 101237, § 601(b)(1), struck out “for certain medical items” after “Multiyear procurement” in section catchline. Subsec. (a). Pub. L. 101237, § 601(a)(1), struck out “for use in Veterans Administration health-care facilities” after “supplies or services”. Subsec. (b)(2)(A). Pub. L. 101237, § 601(a)(2), struck out “health-care” before “programs, the amount”. Subsec. (e)(2) to (4). Pub. L. 101237, § 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.”
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# 38 U.S.C. § 115 - Acquisition of real property
## Text
For the purposes of sections 314, 315, 316, and 2406 of this title and subchapter I of chapter 81 of this title, the Secretary may acquire and use real property—
(1) before title to the property is approved under section 3111 of title 40; and
(2) even though the property will be held in other than a fee simple interest in a case in which the Secretary determines that the interest to be acquired is sufficient for the purposes of the intended use.
(Added Pub. L. 10286, title IV, § 402(a), Aug. 14, 1991, 105 Stat. 422; amended Pub. L. 10283, § 5(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103446, title XII, § 1201(d)(1), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 107217, § 3(j)(1), Aug. 21, 2002, 116 Stat. 1300.)
## Notes
Editorial Notes
Amendments2002—Par. (1). Pub. L. 107217 substituted “section 3111 of title 40” for “section 355 of the Revised Statutes (40 U.S.C. 255)”. 1994—Pub. L. 103446 substituted “sections 314, 315, 316,” for “sections 230” in introductory provisions. 1991—Pub. L. 10283 substituted “2406” for “1006” in introductory provisions.
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# 38 U.S.C. § 116 - Reports to Congress: cost information
## Text
Whenever the Secretary submits to Congress, or any committee of Congress, a report that is required by law or by a joint explanatory statement of a committee of conference of the Congress, the Secretary shall include with the report—
(1) a statement of the cost of preparing the report; and
(2) a brief explanation of the methodology used in preparing that cost statement.
(Added Pub. L. 106419, title IV, § 403(d)(1)(A), Nov. 1, 2000, 114 Stat. 1864.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 106419, title IV, § 403(d)(2), Nov. 1, 2000, 114 Stat. 1864, provided that: “Section 116 of title 38, United States Code, as added by paragraph (1) of this subsection, shall apply with respect to any report submitted by the Secretary of Veterans Affairs after the end of the 90-day period beginning on the date of the enactment of this Act [Nov. 1, 2000].”
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# 38 U.S.C. § 117 - Advance appropriations for certain accounts
## Text
(a) In General.— For each fiscal year, new budget authority provided in an appropriations Act for the covered accounts of the Department shall—
(1) be made available for that fiscal year; and
(2) include, for each such account, advance new budget authority that first becomes available for the first fiscal year after the budget year.
(b) Estimates Required.— The Secretary shall include in documents submitted to Congress in support of the Presidents budget submitted pursuant to section 1105 of title 31, United States Code, detailed estimates of the funds necessary for the covered accounts of the Department for the fiscal year following the fiscal year for which the budget is submitted.
(c) Covered Accounts of the Department.— For purposes of this section, the term “covered accounts of the Department” means the following accounts of the Department of Veterans Affairs account:
(1) Veterans Benefits Administration, Compensation and Pensions.
(2) Veterans Benefits Administration, Readjustment Benefits.
(3) Veterans Benefits Administration, Veterans Insurance and Indemnities.
(4) Veterans Health Administration, Medical Services.
(5) Veterans Health Administration, Medical Support and Compliance.
(6) Veterans Health Administration, Medical Facilities.
(7) Veterans Health Administration, Medical Community Care.
(d) Annual Report.— Not later than July 31 of each year, the Secretary shall submit to Congress an annual report on the sufficiency of the Departments resources for the next fiscal year beginning after the date of the submittal of the report for the provision of medical care. Such report shall also include estimates of the workload and demand data for that fiscal year.
(Added Pub. L. 11181, § 3(a), Oct. 22, 2009, 123 Stat. 2137; amended Pub. L. 113235, div. I, title II, § 244(a), Dec. 16, 2014, 128 Stat. 2568; Pub. L. 114315, title VI, § 601(a), Dec. 16, 2016, 130 Stat. 1569.)
## Notes
Editorial Notes
Amendments2016—Subsec. (c)(7). Pub. L. 114315 added par. (7). 2014—Pub. L. 113235, § 244(a)(4), substituted “certain accounts” for “certain medical care accounts” in section catchline. Subsec. (a). Pub. L. 113235, § 244(a)(2), struck out “beginning with fiscal year 2011,” after “each fiscal year,” in introductory provisions and “discretionary” before “new budget authority” in introductory provisions and par. (2). Pub. L. 113235, § 244(a)(1), substituted “covered accounts of the Department” for “medical care accounts of the Department” in introductory provisions. Subsec. (b). Pub. L. 113235, § 244(a)(1), substituted “covered accounts of the Department” for “medical care accounts of the Department”. Subsec. (c). Pub. L. 113235, § 244(a)(1), (3)(A), (G), in heading, substituted “Covered Accounts of the Department” for “Medical Care Accounts” and, in introductory provisions, substituted “covered accounts of the Department” for “medical care accounts of the Department” and “accounts of the Department of Veterans Affairs account” for “medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account”. Pub. L. 113235, § 244(a)(3)(B)(F), inserted “Veterans Health Administration,” after enumerators for pars. (1) to (3), redesignated pars. (1) to (3) as (4) to (6), respectively, and added pars. (1) to (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 AmendmentAmendment by Pub. L. 114315 applicable to fiscal years beginning on and after Oct. 1, 2017, see section 601(c) of Pub. L. 114315, set out as a note under section 1105 of Title 31, Money and Finance.
Effective Date of 2014 AmendmentPub. L. 113235, div. I, title II, § 244(b), Dec. 16, 2014, 128 Stat. 2569, provided that: “Section 117 of title 38, United States Code, shall apply as follows: “(1) With respect to an account described in paragraph (4), (5), or (6) of subsection (c) of such section, as redesignated by subsection (a) of this section, for each fiscal year beginning with fiscal year 2011. “(2) With respect to an account described in paragraph (1), (2), or (3) of such subsection (c), as added by subsection (a) of this section, for each fiscal year beginning with 2017.”
Comptroller General Review of the Accuracy of VA Medical Care Budget Submission in Relation to Baseline Health Care Model ProjectionPub. L. 11181, § 4, Oct. 22, 2009, 123 Stat. 2138, provided that: “(a) Review of Accuracy of Medical Care Budget Submission.—The Comptroller General shall conduct a review of each budget of the President for a fiscal year that is submitted to Congress pursuant to section 1105(a) of title 31 in order to assess whether or not the relevant components of the amounts requested in such budget for such fiscal year for the medical care accounts of the Department of Veterans Affairs specified in section 117(c) of title 38, United States Code, as added by section 3, are consistent with estimates of the resources required by the Department for the provision of medical care and services in such fiscal year, as forecast using the Enrollee Health Care Projection Model, or other methodologies used by the Department. “(b) Reports.—“(1) In general.—Not later than 120 days after the date of each year in 2011, 2012, and 2013, on which the President submits the budget request for the next fiscal year under section 1105 of title 31, United States Code, the Comptroller General shall submit to the Committees on Veterans Affairs, Appropriations, and the Budget of the Senate and the Committees on Veterans Affairs, Appropriations, and the Budget of the House of Representatives and to the Secretary a report on the review conducted under subsection (a). “(2) Elements.—Each report under this paragraph shall include, for the fiscal year beginning in the year in which such report is submitted, the following:“(A) An assessment of the review conducted under subsection (a). “(B) The basis for such assessment. “(C) Such additional information as the Comptroller General determines appropriate. “(3) Availability to the public.—Each report submitted under this subsection shall also be made available to the public.”
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# 38 U.S.C. § 118 - Submission of reports to Congress in electronic form
## Text
(a) In General.— Whenever the Secretary or any other official of the Department is required by law to submit to Congress (or any committee of either chamber of Congress) a report, the Secretary or other official shall submit to Congress (or such committee) a copy of the report in an electronic format.
(b) Treatment.— The submission of a copy of a report in accordance with this section shall be treated as meeting any requirement of law to submit such report to Congress (or any committee of either chamber of Congress).
(c) Report Defined.— For purposes of this section, the term “report” includes any certification, notification, or other communication in writing.
(Added Pub. L. 111163, title X, § 1003(a), May 5, 2010, 124 Stat. 1182.)
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# 38 U.S.C. § 119 - Contracting for statistical analyses and data evaluation
## Text
(a) In General.— The Secretary may enter into a contract or other agreement with an academic institution or other qualified entity, as determined by the Secretary, to carry out statistical analyses and data evaluation as required of the Secretary by law.”.11 So in original. The quotation marks and second period probably should not appear.
(b) Rule of Construction.— Nothing in this section may be construed to limit the authority of the Secretary to enter into contracts or other agreements for statistical analyses and data evaluation under any other provision of law.
(Added Pub. L. 116171, title III, § 306(a), Oct. 17, 2020, 134 Stat. 805.)