US (United States) Code. Title 20. Chapter 53: Special provisions relating to benefits

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Veterans Benefits. General Administrative Provisions

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-CITE-

38 USC CHAPTER 53 - SPECIAL PROVISIONS RELATING TO

BENEFITS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-MISC1-

Sec.

5301. Nonassignability and exempt status of benefits.

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

5303. Certain bars to benefits.

5303A. Minimum active-duty service requirement.

5304. Prohibition against duplication of benefits.

5305. Waiver of retired pay.

5306. Renouncement of right to benefits.

5307. Apportionment of benefits.

5308. Withholding benefits of persons in territory of the

enemy.

5309. Payment of certain withheld benefits.

5310. Payment of benefits for month of death.

5311. Prohibition of certain benefit payments.

5312. Annual adjustment of certain benefit rates.

5313. Limitation on payment of compensation and dependency

and indemnity compensation to persons incarcerated

for conviction of a felony.

5313A. Limitation on payment of clothing allowance to

incarcerated veterans.

5313B. Prohibition on providing certain benefits with respect

to persons who are fugitive felons.

5314. Indebtedness offsets.

5315. Interest and administrative cost charges on delinquent

payments of certain amounts due the United States.

5316. Authority to sue to collect certain debts.

5317. Use of income information from other agencies: notice

and verification.

5318. Review of Department of Health and Human Services

death information.

5319. Limitations on access to financial records.

AMENDMENTS

2001 - Pub. L. 107-103, title V, Sec. 505(a)(2), Dec. 27, 2001,

115 Stat. 996, added item 5313B.

1996 - Pub. L. 104-275, title V, Sec. 502(b), Oct. 9, 1996, 110

Stat. 3341, added item 5313A.

1992 - Pub. L. 102-568, title VI, Sec. 603(b)(2), Oct. 29, 1992,

106 Stat. 4343, added item 5319.

1991 - Pub. L. 102-40, title IV, Sec. 402(c)(1), May 7, 1991, 105

Stat. 239, renumbered items 3101 to 3118 as 5301 to 5318,

respectively.

1990 - Pub. L. 101-508, title VIII, Secs. 8051(b)(2), 8053(b)(2),

Nov. 5, 1990, 104 Stat. 1388-351, 1388-353, added items 3117 and

3118.

1981 - Pub. L. 97-66, title VI, Sec. 604(a)(2), Oct. 17, 1981, 95

Stat. 1036, added item 3103A.

1980 - Pub. L. 96-466, title VI, Sec. 605(a)(2), Oct. 17, 1980,

94 Stat. 2211, added items 3114, 3115, and 3116.

Pub. L. 96-385, title V, Sec. 504(b), Oct. 7, 1980, 94 Stat.

1535, added item 3113.

1978 - Pub. L. 95-588, title III, Sec. 305(b), Nov. 4, 1978, 92

Stat. 2508, added item 3112.

1972 - Pub. L. 92-328, title II, Sec. 203, June 30, 1972, 86

Stat. 397, substituted "claims by the United States" for

"overpayments" in item 3102.

1970 - Pub. L. 91-376, Sec. 8(c), Aug. 12, 1970, 84 Stat. 790,

added item 3111.

1962 - Pub. L. 87-825, Sec. 4(b), Oct. 15, 1962, 76 Stat. 950,

added item 3110.

-End-

-CITE-

38 USC Sec. 5301 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5301. Nonassignability and exempt status of benefits

-STATUTE-

(a) Payments of benefits due or to become due under any law

administered by the Secretary shall not be assignable except to the

extent specifically authorized by law, and such payments made to,

or on account of, a beneficiary shall be exempt from taxation,

shall be exempt from the claim of creditors, and shall not be

liable to attachment, levy, or seizure by or under any legal or

equitable process whatever, either before or after receipt by the

beneficiary. The preceding sentence shall not apply to claims of

the United States arising under such laws nor shall the exemption

therein contained as to taxation extend to any property purchased

in part or wholly out of such payments. The provisions of this

section shall not be construed to prohibit the assignment of

insurance otherwise authorized under chapter 19 of this title, or

of servicemen's indemnity. For the purposes of this subsection, in

any case where a payee of an educational assistance allowance has

designated the address of an attorney-in-fact as the payee's

address for the purpose of receiving a benefit check and has also

executed a power of attorney giving the attorney-in-fact authority

to negotiate such benefit check, such action shall be deemed to be

an assignment and is prohibited.

(b) This section shall prohibit the collection by setoff or

otherwise out of any benefits payable pursuant to any law

administered by the Secretary and relating to veterans, their

estates, or their dependents, of any claim of the United States or

any agency thereof against (1) any person other than the indebted

beneficiary or the beneficiary's estate; or (2) any beneficiary or

the beneficiary's estate except amounts due the United States by

such beneficiary or the beneficiary's estate by reason of

overpayments or illegal payments made under such laws to such

beneficiary or the beneficiary's estate or to the beneficiary's

dependents as such. If the benefits referred to in the preceding

sentence are insurance payable by reason of yearly renewable term

insurance, United States Government life insurance, or National

Service Life Insurance issued by the United States, the exemption

provided in this section shall not apply to indebtedness existing

against the particular insurance contract upon the maturity of

which the claim is based, whether such indebtedness is in the form

of liens to secure unpaid premiums or loans, or interest on such

premiums or loans, or indebtedness arising from overpayments of

dividends, refunds, loans, or other insurance benefits.

(c)(1) Notwithstanding any other provision of this section, the

Secretary may, after receiving a request under paragraph (2) of

this subsection relating to a veteran, collect by offset of any

compensation or pension payable to the veteran under laws

administered by the Secretary the uncollected portion of the amount

of any indebtedness associated with the veteran's participation in

a plan prescribed in chapter 73 of title 10.

(2) If the Secretary concerned (as defined in section 101(5) of

title 37) has tried under section 3711(a) of title 31 to collect an

amount described in paragraph (1) of this subsection in the case of

any veteran, has been unable to collect such amount, and has

determined that the uncollected portion of such amount is not

collectible from amounts payable by that Secretary to the veteran

or that the veteran is not receiving any payment from that

Secretary, that Secretary may request the Secretary to make

collections in the case of such veteran as authorized in paragraph

(1) of this subsection.

(3)(A) A collection authorized by paragraph (1) of this

subsection shall be conducted in accordance with the procedures

prescribed in section 3716 of title 31 for administrative offset

collections made after attempts to collect claims under section

3711(a) of such title.

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

used in the second sentence of section 3716(a) of title 31 -

(i) the term "records of the agency" shall be considered to

refer to the records of the department of the Secretary

concerned; and

(ii) the term "agency" in clauses (3) and (4) shall be

considered to refer to such department.

(4) Funds collected under this subsection shall be credited to

the Department of Defense Military Retirement Fund under chapter 74

of title 10 or to the Retired Pay Account of the Coast Guard, as

appropriate.

(d) Notwithstanding subsection (a) of this section, payments of

benefits under laws administered by the Secretary shall not be

exempt from levy under subchapter D of chapter 64 of the Internal

Revenue Code of 1986 (26 U.S.C. 6331 et seq.).

(e) In the case of a person who -

(1) has been determined to be eligible to receive pension or

compensation under laws administered by the Secretary but for the

receipt by such person of pay pursuant to any provision of law

providing retired or retirement pay to members or former members

of the Armed Forces or commissioned officers of the National

Oceanic and Atmospheric Administration or of the Public Health

Service; and

(2) files a waiver of such pay in accordance with section 5305

of this title in the amount of such pension or compensation

before the end of the one-year period beginning on the date such

person is notified by the Secretary of such person's eligibility

for such pension or compensation,

the retired or retirement pay of such person shall be exempt from

taxation, as provided in subsection (a) of this section, in an

amount equal to the amount of pension or compensation which would

have been paid to such person but for the receipt by such person of

such pay.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1229, Sec. 3101; Pub. L.

94-502, title VII, Sec. 701, Oct. 15, 1976, 90 Stat. 2405; Pub. L.

95-479, title III, Sec. 301, Oct. 18, 1978, 92 Stat. 1564; Pub. L.

97-295, Sec. 4(74), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 99-576,

title V, Sec. 504, title VII, Sec. 701(68), Oct. 28, 1986, 100

Stat. 3286, 3296; Pub. L. 101-189, div. A, title XIV, Sec.

1404(b)(2), Nov. 29, 1989, 103 Stat. 1586; Pub. L. 102-25, title

VII, Sec. 705(c)(2), Apr. 6, 1991, 105 Stat. 120; renumbered Sec.

5301 and amended Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1),

May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-54, Sec. 14(d)(2),

June 13, 1991, 105 Stat. 285; Pub. L. 102-83, Sec. 4(a)(1),

(2)(A)(vii), (b)(1), (2)(E), (4)(C), Aug. 6, 1991, 105 Stat.

403-405; Pub. L. 102-86, title V, Sec. 505(a), Aug. 14, 1991, 105

Stat. 426.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3101 of

this title as this section.

Subsecs. (a), (b). Pub. L. 102-83, Sec. 4(a)(1), substituted

"administered by the Secretary" for "administered by the Veterans'

Administration".

Subsec. (c)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

Pub. L. 102-25 made a technical correction to Pub. L. 101-189.

See 1989 Amendment note below.

Subsec. (c)(2). Pub. L. 102-83, Sec. 4(b)(4)(C), substituted

"that Secretary" for second, third, and fourth references to "the

Secretary".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" before "to make".

Subsec. (c)(4). Pub. L. 102-86 inserted before period at end "or

to the Retired Pay Account of the Coast Guard, as appropriate".

Subsec. (d). Pub. L. 102-83, Sec. 4(a)(1), substituted

"administered by the Secretary" for "administered by the Veterans'

Administration".

Pub. L. 102-54 amended subsec. (d) as in effect immediately

before enactment of Pub. L. 102-40 by substituting "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954".

Subsec. (e)(1). Pub. L. 102-83, Sec. 4(a)(1), substituted

"administered by the Secretary" for "administered by the Veterans'

Administration".

Subsec. (e)(2). Pub. L. 102-83, Sec. 4(a)(2)(A)(vii), substituted

"Secretary" for "Veterans' Administration".

Pub. L. 102-40, Sec. 402(d)(1), substituted "5305" for "3105".

1989 - Subsec. (c)(1). Pub. L. 101-189, as amended by Pub. L.

102-25, struck out "subchapter I or II of" after "plan prescribed

in".

1986 - Subsec. (a). Pub. L. 99-576, Sec. 701(68)(A), substituted

"a" for "his or her" before "benefit check".

Subsec. (b). Pub. L. 99-576, Sec. 701(68)(B), substituted "the

beneficiary's" for "his" in four places in first sentence.

Subsec. (c). Pub. L. 99-576, Sec. 504(2), added subsec. (c).

Former subsec. (c) redesignated (d).

Subsecs. (d), (e). Pub. L. 99-576, Sec. 504(1), redesignated

former subsecs. (c) and (d) as (d) and (e), respectively.

1982 - Subsec. (c). Pub. L. 97-295 inserted "of this section"

after "subsection (a)", and substituted "(26 U.S.C. 6331 et seq.)"

for "(relating to seizure of property for collection of taxes)".

1978 - Subsec. (d). Pub. L. 95-479 added subsec. (d).

1976 - Subsec. (a). Pub. L. 94-502 inserted provision which

prohibits, as an assignment, a payee of an educational assistance

allowance from designating an attorney-in-fact's address as the

payee's address for the purpose of receiving checks and benefits

where the attorney-in-fact has also been given authority to

negotiate the checks and benefits.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 505(b) of Pub. L. 102-86 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to funds collected after September 30, 1991."

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-189 effective Apr. 1, 1992, see section

1404(b)(3) of Pub. L. 101-189, as amended, set out as a note under

section 12731 of Title 10, Armed Forces.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section

401 of Pub. L. 95-479, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Dec. 1, 1976, see section

703(c) of Pub. L. 94-502, set out as an Effective Date note under

section 3693 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

UNDUE HARDSHIP CASES

Pub. L. 95-202, title III, Sec. 305(c), Nov. 23, 1977, 91 Stat.

1444, provided that Administrator could provide equitable relief to

educational institutions and accredited correspondence schools

which were in possession of a veteran's or eligible person's

benefit check payable to the veteran or person and mailed to the

institution or school for certain courses or lessons completed by

the veteran or person at the institution or school before certain

dates in 1977 and which were holding a power of attorney executed

by the veteran or person before Dec. 1, 1976, authorizing

negotiation of the check.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1908 of this title; title

26 section 140; title 42 sections 417, 659.

-End-

-CITE-

38 USC Sec. 5302 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

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

-STATUTE-

(a) There shall be no recovery of payments or overpayments (or

any interest thereon) of any benefits under any of the laws

administered by the Secretary whenever the Secretary determines

that recovery would be against equity and good conscience, if an

application for relief is made within 180 days from the date of

notification of the indebtedness by the Secretary to the payee, or

within such longer period as the Secretary determines is reasonable

in a case in which the payee demonstrates to the satisfaction of

the Secretary that such notification was not actually received by

such payee within a reasonable period after such date. The

Secretary shall include in the notification to the payee a

statement of the right of the payee to submit an application for a

waiver under this subsection and a description of the procedures

for submitting the application.

(b) With respect to any loan guaranteed, insured, or made under

chapter 37 of this title, the Secretary shall, except as provided

in subsection (c) of this section, waive payment of an indebtedness

to the Department by the veteran (as defined in sections 101, 3701,

and 3702(a)(2)(C)(ii) of this title), or the veteran's spouse,

following default and loss of the property, where the Secretary

determines that collection of such indebtedness would be against

equity and good conscience. An application for relief under this

subsection must be made within one year after the date on which the

veteran receives notice by certified mail with return receipt

requested from the Secretary of the indebtedness. The Secretary

shall include in the notification a statement of the right of the

veteran to submit an application for a waiver under this subsection

and a description of the procedures for submitting the application.

(c) The recovery of any payment or the collection of any

indebtedness (or any interest thereon) may not be waived under this

section if, in the Secretary's opinion, there exists in connection

with the claim for such waiver an indication of fraud,

misrepresentation or bad faith on the part of the person or persons

having an interest in obtaining a waiver of such recovery or the

collection of such indebtedness (or any interest thereon).

(d) No certifying or disbursing officer shall be liable for any

amount paid to any person where the recovery of such amount is

waived under subsection (a) or (b).

(e) Where the recovery of a payment or overpayment made from the

National Service Life Insurance Fund or United States Government

Life Insurance Fund is waived under this section, the fund from

which the payment was made shall be reimbursed from the National

Service Life Insurance appropriation or the military and naval

insurance appropriation, as applicable.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1230, Sec. 3102; Pub. L.

92-328, title II, Sec. 202(a), June 30, 1972, 86 Stat. 396; Pub. L.

96-466, title VI, Sec. 605(c)(3), Oct. 17, 1980, 94 Stat. 2211;

Pub. L. 97-306, title IV, Sec. 407(a), Oct. 14, 1982, 96 Stat.

1445; Pub. L. 99-576, title VII, Sec. 701(69), Oct. 28, 1986, 100

Stat. 3296; Pub. L. 101-237, title III, Sec. 311, Dec. 18, 1989,

103 Stat. 2075; renumbered Sec. 5302, Pub. L. 102-40, title IV,

Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102-54, Sec. 5,

June 13, 1991, 105 Stat. 268; Pub. L. 102-83, Secs. 4(a)(1), (3),

(4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403-406; Pub.

L. 102-547, Sec. 12, Oct. 28, 1992, 106 Stat. 3645; Pub. L. 105-33,

title VIII, Sec. 8033(b), Aug. 5, 1997, 111 Stat. 669.)

-MISC1-

AMENDMENTS

1997 - Subsec. (b). Pub. L. 105-33 inserted "with return receipt

requested" after "certified mail".

1992 - Subsecs. (a), (b). Pub. L. 102-547 made technical

correction to directory language of Pub. L. 102-54, Sec. 5. See

1991 Amendment note below.

1991 - Pub. L. 102-40 renumbered section 3102 of this title as

this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in four places.

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

Pub. L. 102-54, Sec. 5(1), as amended by Pub. L. 102-547,

inserted at end "The Secretary shall include in the notification to

the payee a statement of the right of the payee to submit an

application for a waiver under this subsection and a description of

the procedures for submitting the application."

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3701" and

"3702(a)(2)(C)(ii)" for "1801" and "1802(a)(2)(C)(ii)",

respectively.

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in two places in first sentence.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

Pub. L. 102-54, Sec. 5(2), as amended by Pub. L. 102-547,

substituted "101, 1801, and 1802(a)(2)(C)(ii) of this title" for

"101 and 1801" and inserted at end "An application for relief under

this subsection must be made within one year after the date on

which the veteran receives notice by certified mail from the

Secretary of the indebtedness. The Secretary shall include in the

notification a statement of the right of the veteran to submit an

application for a waiver under this subsection and a description of

the procedures for submitting the application."

Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary's" for "Administrator's".

1989 - Subsec. (b). Pub. L. 101-237, Sec. 311(1), substituted

"shall, except as provided in subsection (c) of this section," for

"may".

Subsec. (c). Pub. L. 101-237, Sec. 311(2), substituted "The

recovery of any payment or the collection of any indebtedness (or

any interest thereon) may not be waived under this section" for

"The Administrator may not exercise the Administrator's authority

under subsection (a) or (b) of this section to waive recovery of

any payment or the collection of any indebtedness (or any interest

thereon)" and substituted "or bad faith" for ", material fault, or

lack of good faith".

1986 - Subsec. (b). Pub. L. 99-576, Sec. 701(69)(A), substituted

"the veteran's" for "his" before "spouse".

Subsec. (c). Pub. L. 99-576, Sec. 701(69)(B), substituted "the

Administrator's" for "his" in two places.

1982 - Subsec. (a). Pub. L. 97-306 substituted "180 days" for

"two years", and inserted condition relating to such longer period

as the Administrator determines is reasonable in cases demonstrated

to involve actual failure of notification to payee.

1980 - Subsec. (a). Pub. L. 96-466, Sec. 605(c)(3)(A), inserted

"(or any interest thereon)" after "overpayments".

Subsec. (c). Pub. L. 96-466, Sec. 605(c)(3)(B), inserted "(or any

interest thereon)" after "indebtedness" in two places.

1972 - Pub. L. 92-328 substituted "claims by the United States"

for "overpayments" in section catchline, struck out "(except

servicemen's indemnity)" after "any benefits" in subsec. (a),

struck out provisions relating to recovery of benefits from any

person without fault on his part, and inserted provisions relating

to an application for relief made within two years from the date of

notification of the indebtedness by the Administrator to the payee,

added subsecs. (b) and (c), redesignated former subsec. (b) as (d),

and inserted reference to subsec. (b), and redesignated former

subsec. (c) as (e).

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 applicable with respect to any

indebtedness to the United States arising pursuant to chapter 37 of

this title before, on, or after Aug. 5, 1997, see section 8033(c)

of Pub. L. 105-33, set out as a note under section 3726 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 407(b) of Pub. L. 97-306 provided that: "The amendments

made by subsection (a) [amending this section] shall apply only

with respect to notifications of indebtedness that are made by the

Administrator of Veterans' Affairs after March 31, 1983."

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 5314 of

this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-328 effective June 30, 1972, see section

301(c) of Pub. L. 92-328, set out as a note under section 3713 of

this title.

APPLICABILITY OF WAIVER AUTHORITY TO IMPROPER PAYMENTS,

OVERPAYMENTS, AND INDEBTEDNESS ESTABLISHED BY THE ADMINISTRATOR

PRIOR TO EFFECTIVE DATE OF PUB. L. 92-328

Section 202(b) of Pub. L. 92-328 provided that the waiver

authority under subsec. (a) of this section is applicable to

improper payments, overpayments, and indebtedness established by

the Administrator prior to the effective date of Pub. L. 92-328 if

application for relief was pending on June 30, 1972, or such an

application was made within two years from June 30, 1972.

For effective date of Pub. L. 92-328, see Effective Date of 1972

Amendment notes set out under sections 1114, 1134, and 3713 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3680, 3685, 3713, 3726,

5314, 5315, 5701 of this title.

-End-

-CITE-

38 USC Sec. 5303 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5303. Certain bars to benefits

-STATUTE-

(a) The discharge or dismissal by reason of the sentence of a

general court-martial of any person from the Armed Forces, or the

discharge of any such person on the ground that such person was a

conscientious objector who refused to perform military duty or

refused to wear the uniform or otherwise to comply with lawful

orders of competent military authority, or as a deserter, or on the

basis of an absence without authority from active duty for a

continuous period of at least one hundred and eighty days if such

person was discharged under conditions other than honorable unless

such person demonstrates to the satisfaction of the Secretary that

there are compelling circumstances to warrant such prolonged

unauthorized absence, or of an officer by the acceptance of such

officer's resignation for the good of the service, or (except as

provided in subsection (c)) the discharge of any individual during

a period of hostilities as an alien, shall bar all rights of such

person under laws administered by the Secretary based upon the

period of service from which discharged or dismissed,

notwithstanding any action subsequent to the date of such discharge

by a board established pursuant to section 1553 of title 10.

(b) Notwithstanding subsection (a), if it is established to the

satisfaction of the Secretary that, at the time of the commission

of an offense leading to a person's court-martial, discharge, or

resignation, that person was insane, such person shall not be

precluded from benefits under laws administered by the Secretary

based upon the period of service from which such person was

separated.

(c) Subsection (a) shall not apply to any alien whose service was

honest and faithful, and who was not discharged on the individual's

own application or solicitation as an alien. No individual shall be

considered as having been discharged on the individual's own

application or solicitation as an alien in the absence of

affirmative evidence establishing that the individual was so

discharged.

(d) This section shall not apply to any war-risk insurance,

Government (converted) or National Service Life Insurance policy.

(e)(1) Notwithstanding any other provision of law, (A) no

benefits under laws administered by the Secretary shall be

provided, as a result of a change in or new issuance of a discharge

under section 1553 of title 10, except upon a case-by-case review

by the board of review concerned, subject to review by the

Secretary concerned, under such section, of all the evidence and

factors in each case under published uniform standards (which shall

be historically consistent with criteria for determining honorable

service and shall not include any criterion for automatically

granting or denying such change or issuance) and procedures

generally applicable to all persons administratively discharged or

released from active military, naval, or air service under other

than honorable conditions; and (B) any such person shall be

afforded an opportunity to apply for such review under such section

1553 for a period of time terminating not less than one year after

the date on which such uniform standards and procedures are

promulgated and published.

(2) Notwithstanding any other provision of law -

(A) no person discharged or released from active military,

naval, or air service under other than honorable conditions who

has been awarded a general or honorable discharge under revised

standards for the review of discharges, (i) as implemented by the

President's directive of January 19, 1977, initiating further

action with respect to the President's Proclamation 4313 of

September 16, 1974, (ii) as implemented on or after April 5,

1977, under the Department of Defense's special discharge review

program, or (iii) as implemented subsequent to April 5, 1977, and

not made applicable to all persons administratively discharged or

released from active military, naval, or air service under other

than honorable conditions, shall be entitled to benefits under

laws administered by the Secretary except upon a determination,

based on a case-by-case review, under standards (meeting the

requirements of paragraph (1) of this subsection) applied by the

board of review concerned under section 1553 of title 10, subject

to review by the Secretary concerned, that such person would be

awarded an upgraded discharge under such standards; and

(B) such determination shall be made by such board (i) on an

expedited basis after notification by the Department to the

Secretary concerned that such person has received, is in receipt

of, or has applied for such benefits or after a written request

is made by such person or such determination, (ii) on its own

initiative before October 9, 1978, in any case where a general or

honorable discharge has been awarded before October 9, 1977,

under revised standards referred to in clause (A)(i), (ii), or

(iii) of this paragraph, or (iii) on its own initiative at the

time a general or honorable discharge is so awarded in any case

where a general or honorable discharge is awarded after October

8, 1977.

If such board makes a preliminary determination that such person

would not have been awarded an upgraded discharge under standards

meeting the requirements of paragraph (1) of this subsection, such

person shall be entitled to an appearance before the board, as

provided for in section 1553(c) of title 10, prior to a final

determination on such question and shall be given written notice by

the board of such preliminary determination and of the right to

such appearance. The Secretary shall, as soon as administratively

feasible, notify the appropriate board of review of the receipt of

benefits under laws administered by the Secretary, or of the

application for such benefits, by any person awarded an upgraded

discharge under revised standards referred to in clause (A)(i),

(ii), or (iii) of this paragraph with respect to whom a favorable

determination has not been made under this paragraph.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1230, Sec. 3103; Pub. L.

86-113, July 28, 1959, 73 Stat. 262; Pub. L. 95-126, Sec. 1(a),

Oct. 8, 1977, 91 Stat. 1106; Pub. L. 97-295, Sec. 4(75), Oct. 12,

1982, 96 Stat. 1310; Pub. L. 99-576, title VII, Sec. 701(70), Oct.

28, 1986, 100 Stat. 3296; renumbered Sec. 5303, Pub. L. 102-40,

title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L.

102-83, Sec. 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105

Stat. 403-405.)

-REFTEXT-

REFERENCES IN TEXT

President's Proclamation 4313 of September 16, 1974, referred to

in subsec. (e)(2)(A), is set out as a note under section 462 of

Title 50, Appendix, War and National Defense.

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 3103 of this title as

this section.

Subsecs. (a), (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator".

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

Subsec. (e)(1). Pub. L. 102-83, Sec. 4(a)(1), substituted

"administered by the Secretary" for "administered by the Veterans'

Administration".

Subsec. (e)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in last sentence.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" in subpar. (B).

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration" in

subpar. (A) and last sentence.

1986 - Subsec. (a). Pub. L. 99-576, Sec. 701(70)(A), substituted

"such person" for "he" after "on the ground that" and "such

officer's" for "his" before "resignation".

Subsec. (b). Pub. L. 99-576, Sec. 701(70)(B), substituted "a

person's" for "his", "that person" for "any person", and "such

person" for "he" before "was separated".

Subsec. (c). Pub. L. 99-576, Sec. 701(70)(C), substituted "the

individual's" for "his" in two places, and "the individual" for

"he".

Subsec. (e)(2). Pub. L. 99-576, Sec. 701(70)(D), substituted

"the" for "his or her" before "right to such appearance" at end of

second sentence.

1982 - Subsec. (e)(2)(B). Pub. L. 97-295 substituted "before

October 9, 1978," for "within one year after the date of enactment

of this paragraph", "before October 9, 1977," for "on or prior to

the date of enactment of this paragraph", and "October 8, 1977" for

"such enactment date".

1977 - Subsec. (a). Pub. L. 95-126, Sec. 1(a)(1), inserted

provisions barring a person in the Armed Forces from being a

recipient of benefits when discharged on the basis of an absence

without authority from active duty for a continuous period of at

least one hundred and eighty days if such person was discharged

under conditions other than honorable unless such person

demonstrates to the satisfaction of the Administrator that there

are compelling circumstances to warrant such prolonged unauthorized

absence and barred benefits notwithstanding any action subsequent

to the date of such discharge by a board established pursuant to

section 1553 of Title 10.

Subsec. (e). Pub. L. 95-126, Sec. 1(a)(2), added subsec. (e).

1959 - Subsec. (c). Pub. L. 86-113 required affirmative evidence

to establish that alien was discharged on his own application or

solicitation.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 5 of Pub. L. 95-126 provided that: "This Act [amending

this section and section 101 of this title and enacting provisions

set out below] shall become effective on the date of its enactment

[Oct. 8, 1977], except that -

"(1) section 2 [set out below] shall become effective on

October 1, 1977, or on such enactment date, whichever is later;

and

"(2) the amendments made by section 1(a) [amending this

section] shall apply retroactively to deny benefits under laws

administered by the Veterans' Administration, except that,

notwithstanding any other provision of law -

"(A) with respect to any person who, on such enactment date

[Oct. 8, 1977] is receiving benefits under laws administered by

the Veterans' Administration, (i) such benefits shall not be

terminated under paragraph (2) of section 3103(e) [now 5303(e)]

of title 38, United States Code, as added by section 1(a)(2) of

this Act, until (I) the day on which a final determination not

favorable to the person concerned is made on an expedited basis

under paragraph (2) of such section 3103(e) [now 5303(e)], (II)

the day following the expiration of ninety days after a

preliminary determination not favorable to such person is made

under such paragraph, or (III) the day following the expiration

of one hundred and eighty days after such enactment date,

whichever day is the earliest, and (ii) the United States shall

not make any claim to recover the value of any benefits

provided to such person prior to such earliest day;

"(B) with respect to any person awarded a general or

honorable discharge under revised standards for the review of

discharges referred to in clause (A) (i), (ii), or (iii) of

such paragraph who has been provided any such benefits prior to

such enactment date [Oct. 8, 1977], the United States shall not

make any claim to recover the value of any benefits so

provided; and

"(C) the amendments made by clause (1) of section 1(a)

[amending this section] shall apply (i) retroactively only to

persons awarded general or honorable discharges under such

revised standards and to persons who, prior to the date of

enactment of this Act [Oct. 8, 1977], had not attained general

eligibility for such benefits by virtue of (I) a change in or

new issuance of a discharge under section 1553 of title 10,

United States Code, or (II) any other provision of law, and

(ii) prospectively (on and after such enactment date) to all

other persons."

EXPEDITED DETERMINATIONS AFTER INFORMATION AND NOTIFICATION TO

PERSONS AWARDED GENERAL OR HONORABLE DISCHARGES; PROCEDURES FOR

APPLICATION TO TITLE 10 SEC. 1552 BOARD AND TO SECRETARY OF

VETERANS AFFAIRS

Pub. L. 95-126, Sec. 1(b), Oct. 8, 1977, 91 Stat. 1107, as

amended by Pub. L. 100-527, Sec. 10(1), (2), Oct. 25, 1988, 102

Stat. 2640, 2641; Pub. L. 102-40, title IV, Sec. 402(d)(2), May 7,

1991, 105 Stat. 239, provided that:

"(1) The Secretary of Defense shall fully inform each person

awarded a general or honorable discharge under revised standards

for the review of discharges referred to in section

5303(e)(2)(A)(i), (ii), or (iii) [formerly 3103(e)(2)(A)(i), (ii),

or (iii)] of title 38, United States Code, as added by subsection

(a)(2) of this section, of his or her right to obtain an expedited

determination under section 5303(e)(2)(B)(i) [formerly

3103(e)(2)(B)(i)] of such title and of the implications of the

provisions of this Act [amending this section and section 101(18)

of this title and enacting provisions set out as notes under this

section] for each such person.

"(2) Notwithstanding any other provision of law, the Secretary of

Defense shall inform each person who applies to a board of review

under section 1553 of title 10, United States Code, and who appears

to have been discharged under circumstances which might constitute

a bar to benefits under section 5303(a) [formerly 3103(a)] of title

38, United States Code, (A) that such person might possibly be

administratively found to be entitled to benefits under laws

administered by the Department of Veterans Affairs only through the

action of a board for the correction of military records under

section 1552 of such title 10 or the action of the Secretary of

Veterans Affairs under section 5303 [formerly 3103] of such title

38, and (B) of the procedures for making application to such

section 1552 board for such purpose and to the Secretary of

Veterans Affairs for such purpose (including the right to proceed

concurrently under such sections 5303 [formerly 3103], 1552, and

1553)."

HEALTH CARE AND BENEFITS FOR DISABILITY DURING ACTIVE SERVICE IN

LINE OF DUTY, EXCEPT WHEN BARRED UNDER SUBSEC. (A) OR BY BAD

CONDUCT DISCHARGE

Pub. L. 95-126, Sec. 2, Oct. 8, 1977, 91 Stat. 1107, as amended

by Pub. L. 100-527, Sec. 10(1), Oct. 25, 1988, 102 Stat. 2640; Pub.

L. 102-40, title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 239,

provided that: "Notwithstanding any other provision of law, the

Secretary of Veterans Affairs shall provide the type of health care

and related benefits authorized to be provided under chapter 17 of

title 38, United States Code, for any disability incurred or

aggravated during active military, naval, or air service in line of

duty by a person other than a person barred from receiving benefits

by section 5303(a) [formerly 3103(a)] of such title, but shall not

provide such health care and related benefits pursuant to this

section for any disability incurred or aggravated during a period

of service from which such person was discharged by reason of a bad

conduct discharge."

REGULATIONS RESPECTING STANDARDS AND PROCEDURES FOR DETERMINATION

OF SEPARATION FROM ACTIVE SERVICE UNDER CONDITIONS OTHER THAN

DISHONORABLE FREE OF UNIQUE OR SPECIAL ADVANTAGES OR SPECIAL

DISTINCTIONS BETWEEN VETERANS

Pub. L. 95-126, Sec. 4, Oct. 8, 1977, 91 Stat. 1108, as amended

by Pub. L. 100-527, Sec. 10(1), (2), Oct. 25, 1988, 102 Stat. 2640;

Pub. L. 102-40, title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat.

239, provided that: "In promulgating, or making any revisions of or

amendments to, regulations governing the standards and procedures

by which the Department of Veterans Affairs determines whether a

person was discharged or released from active military, naval, or

air service under conditions other than dishonorable, the Secretary

of Veterans Affairs shall, in keeping with the spirit and intent of

this Act [amending this section and section 101(18) of this title

and enacting provisions set out as notes under this section], not

promulgate any such regulations or revise or amend any such

regulations for the purpose of, or having the effect of, (1)

providing any unique or special advantage to veterans awarded

general or honorable discharges under revised standards for the

review of discharges described in section 5303(e)(2)(A)(i), (ii),

or (iii) [formerly 3103(e)(2)(A)(i), (ii), or (iii)] of title 38,

United States Code, as added by section 1(a)(2) of this Act, or (2)

otherwise making any special distinction between such veterans and

other veterans."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3103 of this title.

-End-

-CITE-

38 USC Sec. 5303A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5303A. Minimum active-duty service requirement

-STATUTE-

(a) Notwithstanding any other provision of law, any requirements

for eligibility for or entitlement to any benefit under this title

or any other law administered by the Secretary that are based on

the length of active duty served by a person who initially enters

such service after September 7, 1980, shall be exclusively as

prescribed in this title.

(b)(1) Except as provided in paragraph (3) of this subsection, a

person described in paragraph (2) of this subsection who is

discharged or released from a period of active duty before

completing the shorter of -

(A) 24 months of continuous active duty, or

(B) the full period for which such person was called or ordered

to active duty,

is not eligible by reason of such period of active duty for any

benefit under this title or any other law administered by the

Secretary.

(2) Paragraph (1) of this subsection applies -

(A) to any person who originally enlists in a regular component

of the Armed Forces after September 7, 1980; and

(B) to any other person who enters on active duty after October

16, 1981, and has not previously completed a continuous period of

active duty of at least 24 months or been discharged or released

from active duty under section 1171 of title 10.

(3) Paragraph (1) of this subsection does not apply -

(A) to a person who is discharged or released from active duty

under section 1171 or 1173 of title 10;

(B) to a person who is discharged or released from active duty

for a disability incurred or aggravated in line of duty;

(C) to a person who has a disability that the Secretary has

determined to be compensable under chapter 11 of this title;

(D) to the provision of a benefit for or in connection with a

service-connected disability, condition, or death;

(E) to benefits under chapter 19 of this title;

(F) to benefits under chapter 30 or chapter 37 of this title by

reason of -

(i) a discharge or release from active duty for the

convenience of the Government, as described in sections

3011(a)(1)(A)(ii)(II) and 3012(b)(1)(A)(iv) of this title;

(ii) a discharge or release from active duty for a medical

condition which preexisted service on active duty and which the

Secretary determines is not service connected, as described in

clauses (A)(ii)(I) and (B)(ii)(I) of section 3011(a)(1) of this

title and in section 3012(b)(1)(A)(ii) of this title;

(iii) an involuntary discharge or release from active duty

for the convenience of the Government as a result of a

reduction in force, as described in clauses (A)(ii)(III) and

(B)(ii)(III) of section 3011(a)(1) of this title and in section

3012(b)(1)(A)(v) of this title; or

(iv) a discharge or release from active duty for a physical

or mental condition that was not characterized as a disability

and did not result from the individual's own willful misconduct

but did interfere with the individual's performance of duty, as

described in section 3011(a)(1)(A)(ii)(I) of this title; or

(G) to benefits under chapter 43 of this title.

(c)(1) Except as provided in paragraph (2) of this subsection, no

dependent or survivor of a person as to whom subsection (b) of this

section requires the denial of benefits shall, by reason of such

person's period of active duty, be provided with any benefit under

this title or any other law administered by the Secretary.

(2) Paragraph (1) of this subsection does not apply to benefits

under chapters 19 and 37 of this title.

(d)(1) Notwithstanding any other provision of law and except as

provided in paragraph (3) of this subsection, a person described in

paragraph (2) of this subsection who is discharged or released from

a period of active duty before completing the shorter of -

(A) 24 months of continuous active duty, or

(B) the full period for which such person was called or ordered

to active duty,

is not eligible by reason of such period of active duty for any

benefit under Federal law (other than this title or any other law

administered by the Secretary), and no dependent or survivor of

such person shall be eligible for any such benefit by reason of

such period of active duty of such person.

(2) Paragraph (1) of this subsection applies -

(A) to any person who originally enlists in a regular component

of the Armed Forces after September 7, 1980; and

(B) to any other person who enters on active duty after October

13, 1982, and has not previously completed a continuous period of

active duty of at least 24 months or been discharged or released

from active duty under section 1171 of title 10.

(3) Paragraph (1) of this subsection does not apply -

(A) to any person described in clause (A), (B), or (C) of

subsection (b)(3) of this section; or

(B) with respect to a benefit under (i) the Social Security Act

other than additional wages deemed to have been paid, under

section 229(a) of the Social Security Act (42 U.S.C. 429(a)), for

any calendar quarter beginning after October 13, 1982, or (ii)

title 5 other than a benefit based on meeting the definition of

preference eligible in section 2108(3) of such title.

(e) For the purposes of this section, the term "benefit" includes

a right or privilege, but does not include a refund of a

participant's contributions to the educational benefits program

provided by chapter 32 of this title.

(f) Nothing in this section shall be construed to deprive any

person of any procedural rights, including any rights to assistance

in applying for or claiming a benefit.

-SOURCE-

(Added Pub. L. 97-66, title VI, Sec. 604(a)(1), Oct. 17, 1981, 95

Stat. 1035, Sec. 3103A; amended Pub. L. 97-306, title IV, Sec.

408(a), Oct. 14, 1982, 96 Stat. 1445; Pub. L. 99-576, title III,

Sec. 321(11), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100-689, title

I, Sec. 102(b)(3), Nov. 18, 1988, 102 Stat. 4163; Pub. L. 101-510,

div. A, title V, Sec. 562(a)(4), Nov. 5, 1990, 104 Stat. 1574;

renumbered Sec. 5303A, Pub. L. 102-40, title IV, Sec. 402(b)(1),

May 7, 1991, 105 Stat. 238; Pub. L. 102-83, Secs. 4(a)(1), (b)(1),

(2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403-406; Pub. L. 103-353,

Sec. 3, Oct. 13, 1994, 108 Stat. 3169; Pub. L. 103-446, title IX,

Sec. 908, Nov. 2, 1994, 108 Stat. 4678; Pub. L. 105-368, title X,

Sec. 1005(b)(15), Nov. 11, 1998, 112 Stat. 3365.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (d)(3)(B)(i), is

act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is

classified generally to chapter 7 (Sec. 301 et seq.) 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.

-MISC1-

AMENDMENTS

1998 - Subsec. (d)(2)(B). Pub. L. 105-368, Sec. 1005(b)(15)(A),

substituted "after October 13, 1982," for "on or after the date of

the enactment of this subsection".

Subsec. (d)(3)(B)(i). Pub. L. 105-368, Sec. 1005(b)(15)(B),

substituted "after October 13, 1982," for "on or after the date of

the enactment of this subsection,".

1994 - Subsec. (b)(3)(F). Pub. L. 103-446 inserted "or chapter

37" after "chapter 30" in introductory provisions.

Subsec. (b)(3)(G). Pub. L. 103-353 added subpar. (G).

1991 - Pub. L. 102-40 renumbered section 3103A of this title as

this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(a)(1), substituted

"administered by the Secretary" for "administered by the Veterans'

Administration".

Subsec. (b)(1). Pub. L. 102-83, Sec. 4(a)(1), substituted

"administered by the Secretary" for "administered by the Veterans'

Administration" in concluding provisions.

Subsec. (b)(3)(C). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator".

Subsec. (b)(3)(F)(i). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3011(a)(1)(A)(ii)(II)" and "3012(b)(1)(A)(iv)" for

"1411(a)(1)(A)(ii)(II)" and "1412(b)(1)(A)(iv)", respectively.

Subsec. (b)(3)(F)(ii). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator".

Pub. L. 102-83, Sec. 5(c)(1), substituted "3011(a)(1)" for

"1411(a)(1)" and "3012(b)(1)(A)(ii)" for "1412(b)(1)(A)(ii)".

Subsec. (b)(3)(F)(iii). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3011(a)(1)" for "1411(a)(1)" and "3012(b)(1)(A)(v)" for

"1412(b)(1)(A)(v)".

Subsec. (b)(3)(F)(iv). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3011(a)(1)(A)(ii)(I)" for "1411(a)(1)(A)(ii)(I)".

Subsecs. (c)(1), (d)(1). Pub. L. 102-83, Sec. 4(a)(1),

substituted "administered by the Secretary" for "administered by

the Veterans' Administration".

1990 - Subsec. (b)(3)(F)(iv). Pub. L. 101-510 added cl. (iv).

1988 - Subsec. (b)(3)(F). Pub. L. 100-689 amended subpar. (F)

generally. Prior to amendment, subpar. (F) read as follows: "to

benefits under chapter 30 of this title in the case of a person

entitled to benefits under such chapter by reason of section

1411(a)(1)(A)(ii)(II) of this title."

1986 - Subsec. (b)(3)(F). Pub. L. 99-576 added subpar. (F).

1982 - Subsec. (b)(2)(B). Pub. L. 97-306, Sec. 408(a)(1),

substituted "after October 16, 1981," for "on or after the date of

the enactment of the Veterans' Disability Compensation, Housing,

and Memorial Benefits Amendments of 1981".

Subsecs. (d), (e). Pub. L. 97-306, Sec. 408(a)(2), added subsec.

(d) and redesignated former subsec. (d) as (e).

Subsec. (f). Pub. L. 97-306, Sec. 408(a)(3), added subsec. (f).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-353 effective with respect to

reemployments initiated on or after the first day after the 60-day

period beginning Oct. 13, 1994, with transition rules, see section

8 of Pub. L. 103-353, set out as an Effective Date note under

section 4301 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-510 effective Oct. 19, 1984, see section

562(c) of Pub. L. 101-510 set out as a note under section 3011 of

this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-689 effective July 1, 1985, with respect

to individuals discharged or released for medical condition which

preexisted service on active duty or in Selected Reserve and which

Administrator determines is not service connected, and effective

Oct. 1, 1987, with respect to individuals involuntarily discharged

or released for convenience of Government as a result of reduction

in force, see section 102(c) of Pub. L. 100-689, set out as a note

under section 3011 of this title.

EFFECTIVE DATE

Section effective Oct. 17, 1981, see section 701(b)(1) of Pub. L.

97-66, set out as an Effective Date of 1981 Amendment note under

section 1114 of this title.

DELAYED APPLICATION OF EXCLUSION; ADDITIONAL WAGES CONSIDERED

BENEFIT

Section 408(b) of Pub. L. 97-306 provided that:

"(1) Subsection (d) of section 3103A [now 5303A] of title 38,

United States Code, as added by subsection (a)(2), shall not apply

with respect to the receipt by any person of any benefit provided

by or pursuant to law before the date of the enactment of this Act

[Oct. 14, 1982].

"(2) For the purposes of paragraph (1) of this subsection,

additional wages deemed to have been paid under section 229(a) of

the Social Security Act (42 U.S.C. 429(a)) shall be considered to

be a benefit that was received by a person on the date that such

person was discharged or released from active duty (as defined in

section 101(21) of title 38, United States Code)."

SCOPE OF EXCLUSION

Section 408(d) of Pub. L. 97-306 provided that: "Section 3103A

[now 5303A] of title 38, United States Code, as amended by

subsection (a), is the law with respect to the matters stated in

such section and applies, in accordance with its terms, with

respect to benefits under Federal law, regardless of the particular

title of the United States Code or other law under which any such

benefit is provided or the department, agency, or instrumentality

which administers any such benefit."

APPLICABILITY

Section 604(b) of Pub. L. 97-66 provided that: "Section 5303A

[formerly 3103A] of title 38, United States Code, as added by

subsection (a), shall not apply with respect to the receipt by any

person of any benefit provided by or pursuant to law before the

date of the enactment of this Act [Oct. 17, 1981]. Notwithstanding

such section, a person who before such date has received a

certificate of eligibility from the Administrator of Veterans'

Affairs [now Secretary of Veterans Affairs] for benefits under

chapter 37 of title 38, United States Code, is eligible for such

benefits after such date."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3702 of this title; title

8 sections 1612, 1613, 1622; title 12 sections 1709, 1715k.

-End-

-CITE-

38 USC Sec. 5304 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5304. Prohibition against duplication of benefits

-STATUTE-

(a)(1) Except to the extent that retirement pay is waived under

other provisions of law, not more than one award of pension,

compensation, emergency officers', regular, or reserve retirement

pay, or initial award of naval pension granted after July 13, 1943,

shall be made concurrently to any person based on such person's own

service or concurrently to any person based on the service of any

other person.

(2) Notwithstanding the provisions of paragraph (1) of this

subsection and of section 5305 of this title, pension under section

1521 or 1541 of this title may be paid to a person entitled to

receive retired or retirement pay described in section 5305 of this

title concurrently with such person's receipt of such retired or

retirement pay if the annual amount of such retired or retirement

pay is counted as annual income for the purposes of chapter 15 of

this title.

(b)(1) Except as provided in paragraphs (2) and (3) of this

subsection and in section 1521(i) of this title, the receipt of

pension, compensation, or dependency and indemnity compensation by

a surviving spouse, child, or parent on account of the death of any

person, or receipt by any person of pension or compensation on

account of such person's own service, shall not bar the payment of

pension, compensation, or dependency and indemnity compensation on

account of the death or disability of any other person.

(2) Benefits other than insurance under laws administered by the

Secretary may not be paid or furnished to or on account of any

child by reason of the death of more than one parent in the same

parental line; however, the child may elect one or more times to

receive benefits by reason of the death of any one of such parents.

(3) Benefits other than insurance under laws administered by the

Secretary may not be paid to any person by reason of the death of

more than one person to whom such person was married; however, the

person may elect one or more times to receive benefits by reason of

the death of any one spouse.

(c) Pension, compensation, or retirement pay on account of any

person's own service shall not be paid to such person for any

period for which such person receives active service pay.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1230, Sec. 3104; Pub. L.

86-495, Sec. 1, June 8, 1960, 74 Stat. 163; Pub. L. 88-664, Sec. 9,

Oct. 13, 1964, 78 Stat. 1096; Pub. L. 91-376, Sec. 6, Aug. 12,

1970, 84 Stat. 790; Pub. L. 95-588, title III, Sec. 304, Nov. 4,

1978, 92 Stat. 2507; Pub. L. 96-385, title V, Sec. 503(a), Oct. 7,

1980, 94 Stat. 1534; Pub. L. 99-576, title VII, Sec. 701(71), Oct.

28, 1986, 100 Stat. 3297; renumbered Sec. 5304 and amended Pub. L.

102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

238, 239; Pub. L. 102-83, Secs. 4(a)(1), 5(c)(1), Aug. 6, 1991, 105

Stat. 403, 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3104 of

this title as this section.

Subsec. (a)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521"

and "1541" for "521" and "541", respectively.

Pub. L. 102-40, Sec. 402(d)(1), substituted "5305" for "3105" in

two places.

Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1521(i)" for "521(i)".

Subsec. (b)(2), (3). Pub. L. 102-83, Sec. 4(a)(1), substituted

"administered by the Secretary" for "administered by the Veterans'

Administration".

1986 - Subsec. (a)(1). Pub. L. 99-576, Sec. 701(71)(A),

substituted "such person's" for "his".

Subsec. (b)(1). Pub. L. 99-576, Sec. 701(71)(B)(i), (ii),

substituted "surviving spouse" for "widow" and "such person's" for

"his".

Subsec. (b)(3). Pub. L. 99-576, Sec. 701(71)(B)(iii), substituted

"such person" for "he or she".

Subsec. (c). Pub. L. 99-576, Sec. 701(71)(C), substituted "any

person's" for "his", "to such person" for "to any person", and

"such person" for "he".

1980 - Subsec. (a). Pub. L. 96-385 designated existing provisions

as par. (1) and added par. (2).

1978 - Subsec. (b)(1). Pub. L. 95-588 inserted "of this

subsection and in section 521(i) of this title" after "(2) and

(3)".

1970 - Subsec. (b)(1), (3). Pub. L. 91-376 inserted reference to

par. (3) in par. (1) and added par. (3).

1964 - Subsec. (a). Pub. L. 88-664 inserted "or concurrently to

any person based on the service of any other person" after "own

service".

1960 - Subsec. (b)(2). Pub. L. 86-495 substituted provisions

prohibiting the payment or furnishing of benefits other than

insurance to or on account of any child by reason of the death of

more than one parent in the same parental line, and permitting the

child to elect one or more times to receive benefits by reason of

the death of any one of such parents, for provisions which

prohibited the payment of dependency and indemnity compensation to

or on account of a child by reason of the death of another parent

where the child receives or there is paid by the Veterans'

Administration on account of a child dependency and indemnity

compensation, or death compensation, by reason of the death of a

parent.

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 1114 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 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 1114 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 1503 of this

title.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 2 of Pub. L. 86-495 provided that: "The amendment made by

this Act [amending this section] shall apply only to cases where

the death of a parent occurs after the date of enactment of this

Act [June 8, 1960]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 1413a, 1414.

-End-

-CITE-

38 USC Sec. 5305 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5305. Waiver of retired pay

-STATUTE-

Any person who is receiving pay pursuant to any provision of law

providing retired or retirement pay to persons in the Armed Forces,

or as a commissioned officer of the National Oceanic and

Atmospheric Administration or of the Public Health Service, and who

would be eligible to receive pension or compensation under the laws

administered by the Secretary if such person were not receiving

such retired or retirement pay, shall be entitled to receive such

pension or compensation upon the filing by such person with the

department by which such retired or retirement pay is paid of a

waiver of so much of such person's retired or retirement pay as is

equal in amount to such pension or compensation. To prevent

duplication of payments, the department with which any such waiver

is filed shall notify the Secretary of the receipt of such waiver,

the amount waived, and the effective date of the reduction in

retired or retirement pay.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1231, Sec. 3105; Pub. L.

91-621, Sec. 6(a)(3), Dec. 31, 1970, 84 Stat. 1864; Pub. L. 99-576,

title VII, Sec. 701(72), Oct. 28, 1986, 100 Stat. 3297; renumbered

Sec. 5305, Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991,

105 Stat. 238; Pub. L. 102-83, Sec. 4(a)(1), (2)(A)(viii), Aug. 6,

1991, 105 Stat. 403.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 3105 of this title as

this section.

Pub. L. 102-83, Sec. 4(a)(2)(A)(viii), substituted "Secretary"

for "Veterans' Administration".

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

1986 - Pub. L. 99-576 substituted "such person" for "he" and

"such person's" for "his".

1970 - Pub. L. 91-621 substituted "National Oceanic and

Atmospheric Administration" for "Coast and Geodetic Survey".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5111, 5301, 5304 of this

title; title 10 sections 1413a, 1414.

-End-

-CITE-

38 USC Sec. 5306 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5306. Renouncement of right to benefits

-STATUTE-

(a) Any person entitled to pension, compensation, or dependency

and indemnity compensation under any of the laws administered by

the Secretary may renounce the right thereto. The application

renouncing the right shall be in writing over the person's

signature. Upon the filing of such an application, payment of such

benefits and the right thereto shall be terminated, and such person

shall be denied any and all rights thereto from such filing.

(b) Renouncement of rights shall not preclude any person from

filing a new application for pension, compensation, or dependency

and indemnity compensation at a later date, but such new

application shall be treated as an original application, and no

payments shall be made for any period before the date such new

application is filed.

(c) Notwithstanding subsection (b), if a new application for

pension under chapter 15 of this title or for dependency and

indemnity compensation for parents under section 1315 of this title

is filed within one year after renouncement of that benefit, such

application shall not be treated as an original application and

benefits will be payable as if the renouncement had not occurred.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1231, Sec. 3106; Pub. L.

99-576, title VII, Sec. 701(73), Oct. 28, 1986, 100 Stat. 3297;

renumbered Sec. 5306, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(a)(1), Aug. 6, 1991,

105 Stat. 403; Pub. L. 103-446, title V, Sec. 503, Nov. 2, 1994,

108 Stat. 4663.)

-MISC1-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-446 added subsec. (c).

1991 - Pub. L. 102-40 renumbered section 3106 of this title as

this section.

Subsec. (a). Pub. L. 102-83 substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

1986 - Subsec. (a). Pub. L. 99-576 substituted "the" for "his"

before "right" in first sentence.

-End-

-CITE-

38 USC Sec. 5307 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5307. Apportionment of benefits

-STATUTE-

(a) All or any part of the compensation, pension, or emergency

officers' retirement pay payable on account of any veteran may -

(1) if the veteran is being furnished hospital treatment,

institutional, or domiciliary care by the United States, or any

political subdivision thereof, be apportioned on behalf of the

veteran's spouse, children, or dependent parents; and

(2) if the veteran is not living with the veteran's spouse, or

if the veteran's children are not in the custody of the veteran,

be apportioned as may be prescribed by the Secretary.

(b) Where any of the children of a deceased veteran are not in

the custody of the veteran's surviving spouse, the pension,

compensation, or dependency and indemnity compensation otherwise

payable to the surviving spouse may be apportioned as prescribed by

the Secretary.

(c) If a veteran is not living with the veteran's spouse, or if

any of the veteran's children are not in the custody of the

veteran, any subsistence allowance payable to the veteran under

chapter 31 of this title or that portion of the educational

assistance allowance payable on account of dependents under chapter

34 of this title may be apportioned as may be prescribed by the

Secretary.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1231, Sec. 3107; Pub. L.

92-540, title V, Sec. 505, Oct. 24, 1972, 86 Stat. 1099; Pub. L.

98-160, title VII, Sec. 703(2), Nov. 21, 1983, 97 Stat. 1010;

renumbered Sec. 5307, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug.

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

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 3107 of this title as

this section.

Subsecs. (a)(2), (b), (c). Pub. L. 102-83 substituted "Secretary"

for "Administrator".

1983 - Subsec. (a)(1). Pub. L. 98-160, Sec. 703(2)(A),

substituted "the veteran's spouse" for "his wife".

Subsec. (a)(2). Pub. L. 98-160, Sec. 703(2)(A)-(C), substituted

"the veteran's spouse" for "his wife", "the veteran's children" for

"his children", and "the custody of the veteran" for "his custody".

Subsec. (b). Pub. L. 98-160, Sec. 703(2)(D), substituted

"surviving spouse" for "widow" in two places.

Subsec. (c). Pub. L. 98-160, Sec. 703(2)(A)-(C), (E), substituted

"the veteran's spouse" for "his wife", "the veteran's children" for

"his children", "the custody of the veteran" for "his custody", and

"payable to the veteran" for "payable to him".

1972 - Subsec. (c). Pub. L. 92-540 inserted provisions relating

to that portion of the educational assistance allowance payable on

account of dependents under chapter 34 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-540 effective 90 days after Oct. 24,

1972, see section 601(b) of Pub. L. 92-540, set out as a note under

section 4101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5313 of this title.

-End-

-CITE-

38 USC Sec. 5308 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

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

enemy

-STATUTE-

(a) When any alien entitled to gratuitous benefits under laws

administered by the Secretary is located in territory of, or under

military control of, an enemy of the United States or of any of its

allies, any award of such benefits in favor of such alien shall be

terminated forthwith.

(b) Any alien whose award is terminated under subsection (a)

shall not thereafter be entitled to any such gratuitous benefits

except upon the filing of a new claim, accompanied by evidence

satisfactory to the Secretary showing that such alien was not

guilty of mutiny, treason, sabotage, or rendering assistance to

such enemy. Except as provided in section 5309 of this title, such

gratuitous benefits shall not be paid for any period before the

date the new claim is filed.

(c) While such alien is located in territory of, or under

military control of, an enemy of the United States or of any of its

allies, the Secretary, in the Secretary's discretion, may apportion

and pay any part of such benefits to the dependents of such alien.

No dependent of such alien shall receive benefits by reason of this

subsection in excess of the amount to which the dependent would be

entitled if such alien were dead.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1231, Sec. 3108; Pub. L.

99-576, title VII, Sec. 701(74), Oct. 28, 1986, 100 Stat. 3297;

renumbered Sec. 5308 and amended Pub. L. 102-40, title IV, Sec.

402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-83,

Sec. 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3108 of

this title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(a)(1), substituted

"administered by the Secretary" for "administered by the Veterans'

Administration".

Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-40, Sec. 402(d)(1), substituted "5309" for "3109".

Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" and "Secretary's" for

"Administrator's".

1986 - Subsec. (c). Pub. L. 99-576 substituted "the

Administrator's" for "his" in first sentence, and "the dependent"

for "he" in second sentence.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5309 of this title.

-End-

-CITE-

38 USC Sec. 5309 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5309. Payment of certain withheld benefits

-STATUTE-

(a) Any person who, but for section 5308 of this title, was

entitled to benefits under any of the laws administered by the

Secretary, whose award of benefits was terminated under such

section, or whose benefits were not paid pursuant to sections 3329

and 3330 of title 31, and who was not guilty of mutiny, treason,

sabotage, or rendering assistance to an enemy of the United States

or its allies, shall be paid the full amount of any benefits not

paid because of such section 5308, or withheld (including the

amount of any checks covered on such person's account into the

Treasury as miscellaneous receipts together with any amount to such

person's credit in the special-deposit account) pursuant to

sections 3329 and 3330 of title 31. The Secretary shall certify to

the Secretary of the Treasury the amounts of payments which, but

for this section, would have been made from the special deposit

account, and the Secretary of the Treasury, as directed by the

Secretary, shall reimburse the appropriations of the Department

from such special deposit account, or cover into the Treasury as

miscellaneous receipts the amounts so certified.

(b) No payments shall be made for any period before the date

claim therefor is filed under this section to any person whose

award was terminated, or whose benefits were not paid, before July

1, 1954, because such person was a citizen or subject of Germany or

Japan residing in Germany or Japan.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1232, Sec. 3109; Pub. L.

97-258, Sec. 3(k)(4), Sept. 13, 1982, 96 Stat. 1065; Pub. L.

99-576, title VII, Sec. 701(75), Oct. 28, 1986, 100 Stat. 3297;

renumbered Sec. 5309 and amended Pub. L. 102-40, title IV, Sec.

402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-83,

Sec. 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.

403-405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3109 of

this title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places in last sentence.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" in last sentence.

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration" in

first sentence.

Pub. L. 102-40, Sec. 402(d)(1), substituted "5308" for "3108" in

two places in first sentence.

1986 - Subsec. (a). Pub. L. 99-576, Sec. 701(75)(A), substituted

"such person's" for "his" in two places.

Subsec. (b). Pub. L. 99-576, Sec. 701(75)(B), substituted "such

person" for "he".

1982 - Subsec. (a). Pub. L. 97-258 substituted "sections 3329 and

3330 of title 31" for "sections 123-128 of title 31" wherever

appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5308 of this title.

-End-

-CITE-

38 USC Sec. 5310 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5310. Payment of benefits for month of death

-STATUTE-

(a) If, in accordance with the provisions of section 5110(d) of

this title, a surviving spouse is entitled to death benefits under

chapter 11, 13, or 15 of this title for the month in which a

veteran's death occurs, the amount of such death benefits for that

month shall be not less than the amount of benefits the veteran

would have received under chapter 11 or 15 of this title for that

month but for the death of the veteran.

(b)(1) If the surviving spouse of a veteran who was in receipt of

compensation or pension at the time of death is not entitled to

death benefits under chapter 11, 13, or 15 of this title for the

month in which the veteran's death occurs, that surviving spouse

shall be entitled to a benefit for that month in the amount of

benefits the veteran would have received under chapter 11 or 15 of

this title for that month but for the death of the veteran.

(2) If (notwithstanding section 5112(b)(1) of this title) a check

or other payment is issued to, and in the name of, the deceased

veteran as a benefit payment under chapter 11 or 15 of this title

for the month in which death occurs, that check or other payment

(A) shall be treated for all purposes as being payable to the

surviving spouse, and (B) if that check or other payment is

negotiated or deposited, shall be considered to be the benefit to

which the surviving spouse is entitled under paragraph (1).

However, if such check or other payment is in an amount less than

the amount of the benefit under paragraph (1), the unpaid amount

shall be treated in the same manner as an accrued benefit under

section 5121 of this title.

-SOURCE-

(Added Pub. L. 87-825, Sec. 4(a), Oct. 15, 1962, 76 Stat. 950, Sec.

3110; amended Pub. L. 98-160, title VII, Sec. 703(3), Nov. 21,

1983, 97 Stat. 1010; renumbered Sec. 5310 and amended Pub. L.

102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

238, 239; Pub. L. 104-275, title V, Sec. 506(a), Oct. 9, 1996, 110

Stat. 3343; Pub. L. 105-114, title IV, Sec. 401(f), Nov. 21, 1997,

111 Stat. 2294.)

-MISC1-

AMENDMENTS

1997 - Subsec. (b)(2). Pub. L. 105-114 substituted "under

paragraph (1)" for "under this paragraph" before period at end of

first sentence.

1996 - Pub. L. 104-275 designated existing provisions as subsec.

(a) and added subsec. (b).

1991 - Pub. L. 102-40 renumbered section 3110 of this title as

this section and substituted "5110(d)" for "3010(d)".

1983 - Pub. L. 98-160 substituted "surviving spouse" for "widow",

and "the death of the veteran" for "his death".

EFFECTIVE DATE OF 1996 AMENDMENT

Section 506(b) of Pub. L. 104-275 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to the death of compensation and pension recipients

occurring after December 31, 1996."

EFFECTIVE DATE

Section effective first day of second calendar month which begins

after Oct. 15, 1962, see section 7 of Pub. L. 87-825, set out as an

Effective Date of 1962 Amendment note under section 110 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5111 of this title.

-End-

-CITE-

38 USC Sec. 5311 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5311. Prohibition of certain benefit payments

-STATUTE-

There shall be no payment of dependency and indemnity

compensation, death compensation, or death pension which, because

of a widow's relationship with another man before enactment of

Public Law 87-674, would not have been payable by the Veterans'

Administration under the standard for determining remarriage

applied by that agency before said enactment.

-SOURCE-

(Added Pub. L. 91-376, Sec. 8(b), Aug. 12, 1970, 84 Stat. 790, Sec.

3111; renumbered Sec. 5311, Pub. L. 102-40, title IV, Sec.

402(b)(1), May 7, 1991, 105 Stat. 238.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 87-674, referred to in text, is Pub. L. 87-674, Sept.

19, 1962, 76 Stat. 558, which was enacted Sept. 19, 1962, and

amended sections 101, 103, and 3010 [now 5110] of this title to

provide for the restoration of certain widows and children to the

benefit rolls upon annulment of their marriages or remarriages.

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 3111 of this title as

this section.

-End-

-CITE-

38 USC Sec. 5312 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5312. Annual adjustment of certain benefit rates

-STATUTE-

(a) Whenever there is an increase in benefit amounts payable

under title II of the Social Security Act (42 U.S.C. 401 et seq.)

as a result of a determination made under section 215(i) of such

Act (42 U.S.C. 415(i)), the Secretary shall, effective on the date

of such increase in benefit amounts, increase each maximum annual

rate of pension under sections 1521, 1541, and 1542 of this title,

the rate of increased pension paid under such sections 1521 and

1541 on account of children, and each rate of monthly allowance

paid under section 1805 of this title, as such rates were in effect

immediately prior to the date of such increase in benefit amounts

payable under title II of the Social Security Act, by the same

percentage as the percentage by which such benefit amounts are

increased.

(b)(1) Whenever there is an increase in benefit amounts payable

under title II of the Social Security Act (42 U.S.C. 401 et seq.)

as a result of a determination made under section 215(i) of such

Act (42 U.S.C. 415(i)), the Secretary shall, effective on the date

of such increase in benefit amounts, increase the maximum monthly

rates of dependency and indemnity compensation for parents payable

under subsections (b), (c), and (d), and the monthly rate provided

in subsection (g), of section 1315 of this title and the annual

income limitations prescribed in subsections (b)(3), (c)(3), and

(d)(3) of such section, as such rates and limitations were in

effect immediately prior to the date of such increase in benefit

amounts payable under title II of the Social Security Act, by the

same percentage as the percentage by which such benefit amounts are

increased.

(2)(A) Whenever there is an increase under paragraph (1) of this

subsection in such rates and annual income limitations, the

Secretary shall, effective on the date of such increase in such

rates and limitations, adjust (as provided in subparagraph (B) of

this paragraph) the rates of dependency and indemnity compensation

payable under subsection (b)(1) or (c)(1) of section 1315 of this

title to any parent whose annual income is more than $800 but not

more than the annual income limitation in effect under subsection

(b)(3) or (c)(3) of such section, as appropriate, and adjust the

rates of such compensation payable under subsection (d)(1) of such

section to any parent whose annual income is more than $1,000 but

not more than the annual income limitation in effect under

subsection (d)(3) of such section.

(B) The adjustment in rates of dependency and indemnity

compensation referred to in subparagraph (A) of this paragraph

shall be made by the Secretary in accordance with regulations which

the Secretary shall prescribe.

(c)(1) Whenever there is an increase under subsection (a) in

benefit rates payable under sections 1521, 1541, 1542, and 1805 of

this title and an increase under subsection (b) in benefit rates

and annual income limitations under section 1315 of this title, the

Secretary shall publish such rates and limitations (including those

rates adjusted by the Secretary under subsection (b)(2) of this

section), as increased pursuant to such subsections, in the Federal

Register at the same time as the material required by section

215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) is

published by reason of a determination under section 215(i) of such

Act (42 U.S.C. 415(i)).

(2) Whenever such rates and income limitations are so increased,

the Secretary may round such rates and income limitations in such

manner as the Secretary considers equitable and appropriate for

ease of administration.

-SOURCE-

(Added Pub. L. 95-588, title III, Sec. 305(a), Nov. 4, 1978, 92

Stat. 2507, Sec. 3112; amended Pub. L. 97-295, Sec. 4(76), Oct. 12,

1982, 96 Stat. 1311; renumbered Sec. 5312, Pub. L. 102-40, title

IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102-83,

Secs. 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404-406;

Pub. L. 104-204, title IV, Sec. 421(c), Sept. 26, 1996, 110 Stat.

2926.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in text, 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.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-204, Sec. 421(c)(1), substituted

", the rate of increased pension" for "and the rate of increased

pension" and inserted "and each rate of monthly allowance paid

under section 1805 of this title," after "on account of children,".

Subsec. (c)(1). Pub. L. 104-204, Sec. 421(c)(2), substituted

"1542, and 1805" for "and 1542".

1991 - Pub. L. 102-40 renumbered section 3112 of this title as

this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521",

"1541", and "1542" for "521", "541", and 542", respectively,

wherever appearing.

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

Subsec. (b)(1), (2)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1315" for "415".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

Subsec. (b)(2)(B). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" in two places.

Subsec. (c)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521",

"1541", and "1542" for "521", "541", and "542", respectively, and

"1315" for "415".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in two places.

Subsec. (c)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places.

1982 - Subsec. (a). Pub. L. 97-295, Sec. 4(76)(A), (B), inserted

"(42 U.S.C. 401 et seq.)" after first reference to "title II of the

Social Security Act", and inserted "(42 U.S.C. 415(i))" after

"section 215(i) of such Act".

Subsec. (b)(1). Pub. L. 97-295, Sec. 4(76)(A)-(C), inserted "(42

U.S.C. 401 et seq.)" after first reference to "title II of the

Social Security Act", inserted "(42 U.S.C. 415(i))" after "section

215(i) of such Act", and substituted "subsection (g), of section

415 of this title" for "subsection (h), of section 415 of such

title".

Subsec. (c)(1). Pub. L. 97-295, Sec. 4(76)(B), (D), inserted "(42

U.S.C. 415(i)(2)(D))" after "section 215(i)(2)(D) of the Social

Security Act", and inserted "(42 U.S.C. 415(i))" after "section

215(i) of such Act".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-204 effective Oct. 1, 1997,

notwithstanding section 421(d) of Pub. L. 104-204, set out as an

Effective Date note under section 1801 of this title, unless

legislation other than Pub. L. 104-204 is enacted providing for an

earlier effective date, see section 422(c) of Pub. L. 104-204, set

out as a note under section 1151 of this title.

Amendment by Pub. L. 104-204 effective Jan. 1, 1997, see section

421(d) of Pub. L. 104-204, set out as an Effective Date note under

section 1801 of this title.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1315, 1521, 1541, 1542,

1722, 1805, 1815, 5112 of this title; title 7 section 2014.

-End-

-CITE-

38 USC Sec. 5313 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5313. Limitation on payment of compensation and dependency and

indemnity compensation to persons incarcerated for conviction of

a felony

-STATUTE-

(a)(1) To the extent provided in subsection (d) of this section,

any person who is entitled to compensation or to dependency and

indemnity compensation and who is incarcerated in a Federal, State,

or local penal institution for a period in excess of sixty days for

conviction of a felony shall not be paid such compensation or

dependency and indemnity compensation, for the period beginning on

the sixty-first day of such incarceration and ending on the day

such incarceration ends, in an amount that exceeds -

(A) in the case of a veteran with a service-connected

disability rated at 20 percent or more, the rate of compensation

payable under section 1114(a) of this title; or

(B) in the case of a veteran with a service-connected

disability not rated at 20 percent or more or in the case of a

surviving spouse, parent, or child, one-half of the rate of

compensation payable under section 1114(a) of this title.

(2) The provisions of paragraph (1) of this subsection shall not

apply with respect to any period during which a person is

participating in a work-release program or is residing in a halfway

house.

(b)(1) All or any part of the compensation not paid to a veteran

by reason of subsection (a) of this section may, as appropriate in

an individual case, be apportioned under the same terms and

conditions as are provided under section 5307 of this title.

(2) All or any part of the dependency and indemnity compensation

not paid to a surviving spouse or child by reason of subsection (a)

of this section may, as appropriate in an individual case, be

apportioned as follows:

(A) In the case of dependency and indemnity compensation not

paid to a surviving spouse, any apportionment shall be to the

surviving child or children.

(B) In the case of dependency and indemnity compensation not

paid to a surviving child, any apportionment shall be to the

surviving spouse or other surviving children, as applicable.

(3) No apportionment may be made under this subsection to or on

behalf of any person who is incarcerated in a Federal, State, or

local penal institution for conviction of a felony.

(c) The Secretary shall not assign to any veteran a rating of

total disability based on the individual unemployability of the

veteran resulting from a service-connected disability during any

period during which the veteran is incarcerated in a Federal,

State, or local penal institution for conviction of a felony.

(d) The provisions of subsection (a) of this section shall apply

(1) with respect to any period of incarceration of a person for

conviction of a felony committed after October 7, 1980, and (2)

with respect to any period of incarceration on or after October 1,

1980, for conviction of a felony of a person who on October 1,

1980, is incarcerated for conviction of such felony and with

respect to whom the action granting an award of compensation or

dependency and indemnity compensation is taken on or after such

date.

(e) For purposes of this section -

(1) The term "compensation" includes disability compensation

payable under section 1151 of this title.

(2) The term "dependency and indemnity compensation" means

death compensation payable under section 1121 or 1141 of this

title, death compensation and dependency and indemnity

compensation payable under section 1151 of this title, and any

benefit payable under chapter 13 of this title.

-SOURCE-

(Added Pub. L. 96-385, title V, Sec. 504(a), Oct. 7, 1980, 94 Stat.

1534, Sec. 3113; amended Pub. L. 98-160, title VII, Sec. 702(17),

Nov. 21, 1983, 97 Stat. 1010; renumbered Sec. 5313 and amended Pub.

L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

238, 239; Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(c)(1), Aug. 6,

1991, 105 Stat. 404-406; Pub. L. 105-368, title X, Sec.

1005(b)(16), Nov. 11, 1998, 112 Stat. 3365.)

-MISC1-

AMENDMENTS

1998 - Subsec. (d)(1). Pub. L. 105-368 substituted "October 7,

1980," for "the date of the enactment of this section,".

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3113 of

this title as this section.

Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1114(a)" for "314(a)" in subpars. (A) and (B).

Subsec. (b)(1). Pub. L. 102-40, Sec. 402(d)(1), substituted

"5307" for "3107".

Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted "1151" for

"351" in par. (1) and "1121", "1141", and "1151" for "321", "341",

and "351", respectively, in par. (2).

1983 - Subsec. (a)(2). Pub. L. 98-160 substituted "paragraph (1)

of this subsection" for "paragraph (1) of this section".

EFFECTIVE DATE

Section effective Oct. 7, 1980, see section 601(d) of Pub. L.

96-385, set out as an Effective Date of 1980 Amendment note under

section 1114 of this title.

LIMITATION ON PAYMENT OF COMPENSATION FOR VETERANS REMAINING

INCARCERATED SINCE OCTOBER 7, 1980

Pub. L. 107-103, title V, Sec. 506, Dec. 27, 2001, 115 Stat. 996,

provided that:

"(a) Limitation. - Section 5313 of title 38, United States Code,

other than subsection (d) of that section, shall apply with respect

to the payment of compensation to or with respect to any veteran

described in subsection (b).

"(b) Covered Veterans. - A veteran described in this subsection

is a veteran who is entitled to compensation and who -

"(1) on October 7, 1980, was incarcerated in a Federal, State,

or local penal institution for a felony committed before that

date; and

"(2) remains so incarcerated for conviction of that felony as

of the date of the enactment of this Act [Dec. 27, 2001].

"(c) Effective Date. - This section shall apply with respect to

the payment of compensation for months beginning on or after the

end of the 90-day period beginning on the date of the enactment of

this Act [Dec. 27, 2001].

"(d) Compensation Defined. - For purposes of this section, the

term 'compensation' has the meaning given that term in section 5313

of title 38, United States Code."

-End-

-CITE-

38 USC Sec. 5313A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5313A. Limitation on payment of clothing allowance to

incarcerated veterans

-STATUTE-

In the case of a veteran who is incarcerated in a Federal, State,

or local penal institution for a period in excess of 60 days and

who is furnished clothing without charge by the institution, the

amount of any annual clothing allowance payable to the veteran

under section 1162 of this title shall be reduced by an amount

equal to 1/365 of the amount of the allowance otherwise payable

under that section for each day on which the veteran was so

incarcerated during the 12-month period preceding the date on which

payment of the allowance would be due. This section shall be

carried out under regulations prescribed by the Secretary.

-SOURCE-

(Added Pub. L. 104-275, title V, Sec. 502(a), Oct. 9, 1996, 110

Stat. 3341.)

-End-

-CITE-

38 USC Sec. 5313B 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5313B. Prohibition on providing certain benefits with respect

to persons who are fugitive felons

-STATUTE-

(a) A veteran who is otherwise eligible for a benefit specified

in subsection (c) may not be paid or otherwise provided such

benefit for any period during which such veteran is a fugitive

felon. A dependent of a veteran who is otherwise eligible for a

benefit specified in subsection (c) may not be paid or otherwise

provided such benefit for any period during which such veteran or

such dependent is a fugitive felon.

(b) For purposes of this section:

(1) The term "fugitive felon" means a person who is a fugitive

by reason of -

(A) fleeing to avoid prosecution, or custody or confinement

after conviction, for an offense, or an attempt to commit an

offense, which is a felony under the laws of the place from

which the person flees; or

(B) violating a condition of probation or parole imposed for

commission of a felony under Federal or State law.

(2) The term "felony" includes a high misdemeanor under the

laws of a State which characterizes as high misdemeanors offenses

that would be felony offenses under Federal law.

(3) The term "dependent" means a spouse, surviving spouse,

child, or dependent parent of a veteran.

(c) A benefit specified in this subsection is a benefit under any

of the following:

(1) Chapter 11 of this title.

(2) Chapter 13 of this title.

(3) Chapter 15 of this title.

(4) Chapter 17 of this title.

(5) Chapter 19 of this title.

(6) Chapter 30, 31, 32, 34, or 35 of this title.

(7) Chapter 37 of this title.

(d)(1) The Secretary shall furnish to any Federal, State, or

local law enforcement official, upon the written request of such

official, the most current address maintained by the Secretary of a

person who is eligible for a benefit specified in subsection (c) if

such official -

(A) provides to the Secretary such information as the Secretary

may require to fully identify the person;

(B) identifies the person as being a fugitive felon; and

(C) certifies to the Secretary that apprehending such person is

within the official duties of such official.

(2) The Secretary shall enter into memoranda of understanding

with Federal law enforcement agencies, and may enter into

agreements with State and local law enforcement agencies, for

purposes of furnishing information to such agencies under paragraph

(1).

-SOURCE-

(Added Pub. L. 107-103, title V, Sec. 505(a)(1), Dec. 27, 2001, 115

Stat. 995.)

-End-

-CITE-

38 USC Sec. 5314 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5314. Indebtedness offsets

-STATUTE-

(a) Subject to subsections (b) and (d) of this section and

section 3485(e) of this title, the Secretary shall (unless the

Secretary waives recovery under section 5302 of this title) deduct

the amount of the indebtedness of any person who has been

determined to be indebted to the United States by virtue of such

person's participation in a benefits program administered by the

Secretary from future payments made to such person under any law

administered by the Secretary.

(b) Deductions may not be made under subsection (a) of this

section with respect to the indebtedness of a person described in

such subsection unless the Secretary -

(1) has made reasonable efforts to notify such person of such

person's right to dispute through prescribed administrative

processes the existence or amount of such indebtedness and of

such person's right to request a waiver of such indebtedness

under section 5302 of this title;

(2) has made a determination with respect to any such dispute

or request or has determined that the time required to make such

a determination before making deductions would jeopardize the

Secretary's ability to recover the full amount of such

indebtedness through deductions from such payments; and

(3) has made reasonable efforts to notify such person about the

proposed deductions from such payments.

(c) Notwithstanding any other provision of this title or of any

other law, the authority of the Secretary to make deductions under

this section or to take other administrative action authorized by

law for the purpose of collecting an indebtedness described in

subsection (a) of this section, or for the purpose of determining

the creditworthiness of a person who owes such an indebtedness,

shall not be subject to any limitation with respect to the time for

bringing civil actions or for commencing administrative

proceedings.

(d) The Secretary shall prescribe regulations for the

administration of this section.

-SOURCE-

(Added Pub. L. 96-466, title VI, Sec. 605(a)(1), Oct. 17, 1980, 94

Stat. 2209, Sec. 3114; amended Pub. L. 102-16, Sec. 6(b)(3), Mar.

22, 1991, 105 Stat. 51; renumbered Sec. 5314 and amended Pub. L.

102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

238, 239; Pub. L. 102-83, Secs. 4(a)(1), (b)(1), (2)(E), 5(c)(1),

Aug. 6, 1991, 105 Stat. 403-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3114 of

this title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3485(e)"

for "1685(e)".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in two places.

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration" in

two places.

Pub. L. 102-40, Sec. 402(d)(1), substituted "5302" for "3102".

Pub. L. 102-16 inserted "and section 1685(e) of this title" after

"Subject to subsections (b) and (d) of this section".

Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in introductory provisions and

"Secretary's" for "Administrator's" in par. (2).

Pub. L. 102-40, Sec. 402(d)(1), substituted "5302" for "3102" in

par. (1).

Subsecs. (c), (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator".

EFFECTIVE DATE

Section 802(f) of Pub. L. 96-466 provided that:

"(1) Except as provided in paragraph (2), the amendments made by

title VI [see Tables for classification] shall become effective on

October 1, 1980.

"(2) The amendments made by sections 603 [amending sections 1677

and 1798 [now 3698] of this title] and 604 [amending section 1786

[now 3686] of this title] shall not apply to any person receiving

educational assistance under chapter 34 or 35 of title 38, United

States Code, on September 1, 1980, for the pursuit of a program of

education, as defined in section 1652(b) [now 3452(b)] of such

title, in which such person is enrolled on that date, for as long

as such person continuously thereafter is so enrolled and meets the

requirements of eligibility for such assistance for the pursuit of

such program under the provisions of such chapter and chapter 36 of

such title as in effect on that date."

RULES AND REGULATIONS

Section 605(b) of Pub. L. 96-466 provided that: "The

Administrator of Veterans' Affairs [now Secretary of Veterans

Affairs] shall, not later than January 1, 1981, prescribe the

regulations required to be prescribed under sections 3114 and 3115

[now 5314 and 5315] of title 38, United States Code, as added by

subsection (a)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3485 of this title.

-End-

-CITE-

38 USC Sec. 5315 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5315. Interest and administrative cost charges on delinquent

payments of certain amounts due the United States

-STATUTE-

(a) Notwithstanding any other provision of this title or of any

other law and subject to sections 3485(e) and 5302 of this title,

interest and administrative costs (as described in subsections (b)

and (c) of this section) shall be charged, under regulations which

the Secretary shall prescribe, on any amount owed to the United

States -

(1) for an indebtedness resulting from a person's participation

in a benefits program administered by the Secretary other than a

loan, loan-guaranty, or loan-insurance program;

(2) for an indebtedness resulting from the provision of care or

services under chapter 17 of this title; or

(3) to the extent not precluded by the terms of the loan

instruments concerned, for an indebtedness resulting from a

person's participation in a program of loans, loan guaranties, or

loan insurance administered by the Secretary under this title.

(b)(1) Interest on the amount of any indebtedness described in

subsection (a) of this section shall accrue from the day on which

the initial notification of the amount due is mailed to the person

who owes such amount (using the most current address of such person

that is available to the Secretary), but interest under this

section shall not be charged (A) for any period before October 17,

1980, or (B) if the amount due is paid within a reasonable period

of time. The Secretary shall, in the regulations prescribed

pursuant to subsection (a) of this section, prescribe what

constitutes a reasonable period of time for payment of an

indebtedness after the initial notification of indebtedness has

been mailed.

(2) The rate of interest to be charged under this section shall

be based on the rate of interest paid by the United States for its

borrowing and shall be determined by the Secretary under such

regulations.

(c) The administrative costs to be charged under this section

with respect to an amount owed to the United States shall be so

much of the costs incurred by the United States in collecting such

amount as the Secretary determines, under such regulations, to be

reasonable and appropriate.

-SOURCE-

(Added Pub. L. 96-466, title VI, Sec. 605(a)(1), Oct. 17, 1980, 94

Stat. 2210, Sec. 3115; amended Pub. L. 102-16, Sec. 6(b)(4), Mar.

22, 1991, 105 Stat. 51; renumbered Sec. 5315 and amended Pub. L.

102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

238, 239; Pub. L. 102-83, Secs. 4(a)(1), (b)(1), (2)(E), 5(C)(1),

Aug. 6, 1991, 105 Stat. 403-406; Pub. L. 105-368, title X, Sec.

1005(b)(17), Nov. 11, 1998, 112 Stat. 3365.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-368 substituted "October 17,

1980," for "the date of the enactment of this section,".

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3115 of

this title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3485(e)"

for "1685(e)" in introductory provisions.

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in introductory provisions.

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration" in

pars. (1) and (3).

Pub. L. 102-40, Sec. 402(d)(1), substituted "5302" for "3102" in

introductory provisions.

Pub. L. 102-16 substituted "sections 1685(e) and 3102" for

"section 3102" in introductory provisions.

Subsecs. (b), (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" wherever appearing.

EFFECTIVE DATE

Section 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 5314 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3485 of this title.

-End-

-CITE-

38 USC Sec. 5316 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5316. Authority to sue to collect certain debts

-STATUTE-

(a)(1) The Secretary shall take appropriate steps to authorize

attorneys employed by the Department to exercise, subject to

paragraphs (2) and (3) of this subsection, the right of the United

States to bring suit in any court of competent jurisdiction to

recover any indebtedness owed to the United States by a person by

virtue of such person's participation in a benefits program

administered by the Secretary.

(2) No suit may be filed under this section to recover any

indebtedness owed by any person to the United States unless the

Secretary has determined, under regulations which the Secretary

shall prescribe, that such person has failed to respond

appropriately to reasonable administrative efforts to collect such

indebtedness.

(3) The activities of attorneys employed by the Department in

bringing suit under this section shall be subject to the direction

and supervision of the Attorney General of the United States and to

such terms and conditions as the Attorney General may prescribe.

(b) Nothing in this section shall derogate from the authority of

the Attorney General of the United States under sections 516 and

519 of title 28 to direct and supervise all litigation to which the

United States or an agency or officer of the United States is a

party.

-SOURCE-

(Added Pub. L. 96-466, title VI, Sec. 605(a)(1), Oct. 17, 1980, 94

Stat. 2211, Sec. 3116; renumbered Sec. 5316, Pub. L. 102-40, title

IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L.

102-54, Sec. 14(d)(3), June 13, 1991, 105 Stat. 285; Pub. L.

102-83, Sec. 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105

Stat. 403-405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 3116 of this title as

this section.

Subsec. (a)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

Pub. L. 102-54, Sec. 14(d)(3)(A), amended subsec. (a)(1) as in

effect immediately before the enactment of Pub. L. 102-40 by

substituting "The" for "Within ninety days after the date of the

enactment of this section, the".

Subsec. (a)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places.

Subsec. (a)(3). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration".

Subsecs. (b), (c). Pub. L. 102-54, Sec. 14(d)(3)(B), amended

section as in effect immediately before the enactment of Pub. L.

102-40 by redesignating subsec. (c) as (b) and striking out former

subsec. (b) which read as follows: "Not later than ninety days

after the date of the enactment of this section, the Administrator

and the Attorney General of the United States shall submit to the

appropriate committees of the Congress a joint report that

describes and explains the actions taken by the Administrator and

the Attorney General to implement subsection (a) of this section."

EFFECTIVE DATE

Section 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 5314 of this title.

-End-

-CITE-

38 USC Sec. 5317 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5317. Use of income information from other agencies: notice

and verification

-STATUTE-

(a) The Secretary shall notify each applicant for a benefit or

service described in subsection (c) of this section that income

information furnished by the applicant to the Secretary may be

compared with information obtained by the Secretary from the

Secretary of Health and Human Services or the Secretary of the

Treasury under section 6103(l)(7)(D)(viii) of the Internal Revenue

Code of 1986. The Secretary shall periodically transmit to

recipients of such benefits and services additional notifications

of such matters.

(b) The Secretary may not, by reason of information obtained from

the Secretary of Health and Human Services or the Secretary of the

Treasury under section 6103(l)(7)(D)(viii) of the Internal Revenue

Code of 1986, terminate, deny, suspend, or reduce any benefit or

service described in subsection (c) of this section until the

Secretary takes appropriate steps to verify independently

information relating to the following:

(1) The amount of the asset or income involved.

(2) Whether such individual actually has (or had) access to

such asset or income for the individual's own use.

(3) The period or periods when the individual actually had such

asset or income.

(c) The benefits and services described in this subsection are

the following:

(1) Needs-based pension benefits provided under chapter 15 of

this title or under any other law administered by the Secretary.

(2) Parents' dependency and indemnity compensation provided

under section 1315 of this title.

(3) Health-care services furnished under subsections (a)(2)(G),

(a)(3), and (b) of section 1710 of this title.

(4) Compensation paid under chapter 11 of this title at the 100

percent rate based solely on unemployability and without regard

to the fact that the disability or disabilities are not rated as

100 percent disabling under the rating schedule.

(d) In the case of compensation described in subsection (c)(4) of

this section, the Secretary may independently verify or otherwise

act upon wage or self-employment information referred to in

subsection (b) of this section only if the Secretary finds that the

amount and duration of the earnings reported in that information

clearly indicate that the individual may no longer be qualified for

a rating of total disability.

(e) The Secretary shall inform the individual of the findings

made by the Secretary on the basis of verified information under

subsection (b) of this section, and shall give the individual an

opportunity to contest such findings, in the same manner as applies

to other information and findings relating to eligibility for the

benefit or service involved.

(f) The Secretary shall pay the expenses of carrying out this

section from amounts available to the Department for the payment of

compensation and pension.

(g) The authority of the Secretary to obtain information from the

Secretary of the Treasury or the Secretary of Health and Human

Services under section 6103(l)(7)(D)(viii) of the Internal Revenue

Code of 1986 expires on September 30, 2008.

-SOURCE-

(Added Pub. L. 101-508, title VIII, Sec. 8051(b)(1), Nov. 5, 1990,

104 Stat. 1388-350, Sec. 3117; renumbered Sec. 5317, Pub. L.

102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238;

amended Pub. L. 102-83, Sec. 5(c)(1), Aug. 6, 1991, 105 Stat. 406;

Pub. L. 102-568, title VI, Sec. 602(a), Oct. 29, 1992, 106 Stat.

4342; Pub. L. 103-66, title XII, Sec. 12004, Aug. 10, 1993, 107

Stat. 414; Pub. L. 104-262, title I, Sec. 101(e)(3), Oct. 9, 1996,

110 Stat. 3181; Pub. L. 105-33, title VIII, Sec. 8014, Aug. 5,

1997, 111 Stat. 664; Pub. L. 106-419, title IV, Sec. 402(d), Nov.

1, 2000, 114 Stat. 1863.)

-REFTEXT-

REFERENCES IN TEXT

Section 6103(l)(7)(D)(viii) of the Internal Revenue Code,

referred to in subsecs. (a), (b), and (g), is classified to section

6103(l)(7)(D)(viii) of Title 26, Internal Revenue Code.

-MISC1-

AMENDMENTS

2000 - Subsec. (g). Pub. L. 106-419 substituted "September 30,

2008" for "September 30, 2002".

1997 - Subsec. (g). Pub. L. 105-33 substituted "September 30,

2002" for "September 30, 1998".

1996 - Subsec. (c)(3). Pub. L. 104-262 substituted "subsections

(a)(2)(G), (a)(3), and (b) of section 1710" for "sections

1710(a)(1)(I), 1710(a)(2), 1710(b), and 1712(a)(2)(B)".

1993 - Subsec. (g). Pub. L. 103-66 substituted "1998" for "1997".

1992 - Subsec. (g). Pub. L. 102-568 substituted "1997" for

"1992".

1991 - Pub. L. 102-40 renumbered section 3117 of this title as

this section.

Subsec. (c)(2). Pub. L. 102-83 substituted "1315" for "415".

Subsec. (c)(3). Pub. L. 102-83 substituted "1710(a)(1)(I)",

"1710(a)(2)", "1710(b)", and "1712(a)(2)(B)" for "610(a)(1)(I)",

"610(a)(2)", "610(b)", and "612(a)(2)(B)", respectively.

NOTIFICATION PRIOR TO USE OF INCOME INFORMATION FROM OTHER FEDERAL

AGENCIES

Section 8051(c) of Pub. L. 101-508 provided that:

"(1) The Secretary of Veterans Affairs shall notify individuals

who (as of the date of the enactment of this Act [Nov. 5, 1990])

are applicants for or recipients of the benefits described in

subsection (c) (other than paragraph (3)) of section 3117 [now

5317] of title 38, United States Code (as added by subsection (b)),

that income information furnished to the Secretary by such

applicants and recipients may be compared with information obtained

by the Secretary from the Secretary of Health and Human Services or

the Secretary of the Treasury under clause (viii) of section

6103(l)(7)(D) of the Internal Revenue Code of 1986 [26 U.S.C.

6103(l)(7)(D)] (as added by subsection (a)).

"(2) Notification under paragraph (1) shall be made not later

than 90 days after the date of the enactment of this Act.

"(3) The Secretary of Veterans Affairs may not obtain information

from the Secretary of Health and Human Services or the Secretary of

the Treasury under section 6103(l)(7)(D)(viii) of the Internal

Revenue Code of 1986 (as added by subsection (a)) until

notification under paragraph (1) is made."

STUDY BY COMPTROLLER GENERAL ON EFFECTIVENESS OF AMENDMENTS BY PUB.

L. 101-508

Section 8051(d) of Pub. L. 101-508 provided that: "The

Comptroller General of the United States shall conduct a study of

the effectiveness of the amendments made by this section [enacting

this section] and shall submit a report on such study to the

Committees on Veterans' Affairs and Ways and Means of the House of

Representatives and the Committees on Veterans' Affairs and Finance

of the Senate not later than January 1, 1992."

-End-

-CITE-

38 USC Sec. 5318 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

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

information

-STATUTE-

(a) The Secretary shall periodically compare Department of

Veterans Affairs information regarding persons to or for whom

compensation or pension is being paid with information in the

records of the Department of Health and Human Services relating to

persons who have died for the purposes of -

(1) determining whether any such persons to whom compensation

and pension is being paid are deceased;

(2) ensuring that such payments to or for any such persons who

are deceased are terminated in a timely manner; and

(3) ensuring that collection of overpayments of such benefits

resulting from payments after the death of such persons is

initiated in a timely manner.

(b) The Department of Health and Human Services death information

referred to in subsection (a) of this section is death information

available to the Secretary from or through the Secretary of Health

and Human Services, including death information available to the

Secretary of Health and Human Services from a State, pursuant to a

memorandum of understanding entered into by such Secretaries. Any

such memorandum of understanding shall include safeguards to assure

that information made available under it is not used for

unauthorized purposes or improperly disclosed.

-SOURCE-

(Added Pub. L. 101-508, title VIII, Sec. 8053(b)(1), Nov. 5, 1990,

104 Stat. 1388-352, Sec. 3118; renumbered Sec. 5318, Pub. L.

102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 3118 of this title as

this section.

-End-

-CITE-

38 USC Sec. 5319 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS

-HEAD-

Sec. 5319. Limitations on access to financial records

-STATUTE-

(a) The Secretary may make a request referred to in section

1113(p) of the Right to Financial Privacy Act of 1978 (12 U.S.C.

3413(p)) only if the Secretary determines that the requested

information -

(1) is necessary in order for the Secretary to administer the

provisions of law referred to in that section; and

(2) cannot be secured by a reasonable search of records and

information of the Department.

(b) The Secretary shall include a certification of the

determinations referred to in subsection (a) in each request

presented to a financial institution.

(c) Information disclosed pursuant to a request referred to in

subsection (a) may be used solely for the purpose of the

administration of benefits programs under laws administered by the

Secretary if, except for the exemption in subsection (a), the

disclosure of that information would otherwise be prohibited by any

provision of the Right to Financial Privacy Act of 1978.

-SOURCE-

(Added Pub. L. 102-568, title VI, Sec. 603(b)(1), Oct. 29, 1992,

106 Stat. 4342.)

-REFTEXT-

REFERENCES IN TEXT

The Right to Financial Privacy Act of 1978, referred to in

subsec. (c), is title XI of Pub. L. 95-630, Nov. 10, 1978, 92 Stat.

3697, as amended, which is classified generally to chapter 35 (Sec.

3401 et seq.) of Title 12, Banks and Banking. For complete

classification of this Act to the Code, see Short Title note set

out under section 3401 of Title 12 and Tables.

-End-