-CITE-

38 USC CHAPTER 1 - GENERAL 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 1 - GENERAL

-HEAD-

CHAPTER 1 - GENERAL

-MISC1-

Sec.

101. Definitions.

102. Dependent parents.

103. Special provisions relating to marriages.

104. Approval of educational institutions.

105. Line of duty and misconduct.

106. Certain service deemed to be active service.

107. Certain service deemed not to be active service.

108. Seven-year absence presumption of death.

109. Benefits for discharged members of allied forces.

110. Preservation of disability ratings.

111. Payments or allowances for beneficiary travel.

112. Presidential memorial certificate program.

113. Treatment of certain programs under sequestration

procedures.

114. Multiyear procurement.

115. Acquisition of real property.

116. Reports to Congress: cost information.

AMENDMENTS

2000 - Pub. L. 106-419, title IV, Sec. 403(d)(1)(B), Nov. 1,

2000, 114 Stat. 1864, added item 116.

1991 - Pub. L. 102-86, title IV, Sec. 402(b), Aug. 14, 1991, 105

Stat. 422, added item 115.

1989 - Pub. L. 101-237, title VI, Sec. 601(b)(2), Dec. 18, 1989,

103 Stat. 2094, struck out "for certain medical items" after

"Multiyear procurement" in item 114.

1988 - Pub. L. 100-322, title I, Sec. 108(e)(2), title IV, Sec.

404(b), May 20, 1988, 102 Stat. 498, 547, substituted "Payments or

allowances for beneficiary travel" for "Travel expenses" in item

111 and added item 114.

1986 - Pub. L. 99-576, title VI, Sec. 601(a)(2), title VII, Sec.

701(1)(B), Oct. 28, 1986, 100 Stat. 3289, 3290, struck out ";

husbands" after "parents" in item 102 and added item 113.

1972 - Pub. L. 92-540, title IV, Sec. 409, Oct. 24, 1972, 86

Stat. 1092, substituted "Dependent parents; husbands" for

"Dependent parents and dependent husbands" in item 102.

1965 - Pub. L. 89-88, Sec. 1(b), July 24, 1965, 79 Stat. 264,

added item 112.

1964 - Pub. L. 88-445, Sec. 1(c), Aug. 19, 1964, 78 Stat. 464,

substituted "Preservation of disability ratings" for "Preservation

of total disability ratings" in item 110.

-End-

-CITE-

38 USC Sec. 101 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 1 - GENERAL

-HEAD-

Sec. 101. Definitions

-STATUTE-

For the purposes of this title -

(1) The terms "Secretary" and "Department" mean the Secretary of

Veterans Affairs and the Department of Veterans Affairs,

respectively.

(2) The term "veteran" means a person who served in the active

military, naval, or air service, and who was discharged or released

therefrom under conditions other than dishonorable.

(3) The term "surviving spouse" means (except for purposes of

chapter 19 of this title) a person of the opposite sex who was the

spouse of a veteran at the time of the veteran's death, and who

lived with the veteran continuously from the date of marriage to

the date of the veteran's death (except where there was a

separation which was due to the misconduct of, or procured by, the

veteran without the fault of the spouse) and who has not remarried

or (in cases not involving remarriage) has not since the death of

the veteran, and after September 19, 1962, lived with another

person and held himself or herself out openly to the public to be

the spouse of such other person.

(4)(A) The term "child" means (except for purposes of chapter 19

of this title (other than with respect to a child who is an

insurable dependent under section 1965(10)(B) of such chapter) and

section 8502(b) of this title) a person who is unmarried and -

(i) who is under the age of eighteen years;

(ii) who, before attaining the age of eighteen years, became

permanently incapable of self-support; or

(iii) who, after attaining the age of eighteen years and until

completion of education or training (but not after attaining the

age of twenty-three years), is pursuing a course of instruction

at an approved educational institution;

and who is a legitimate child, a legally adopted child, a stepchild

who is a member of a veteran's household or was a member at the

time of the veteran's death, or an illegitimate child but, as to

the alleged father, only if acknowledged in writing signed by him,

or if he has been judicially ordered to contribute to the child's

support or has been, before his death, judicially decreed to be the

father of such child, or if he is otherwise shown by evidence

satisfactory to the Secretary to be the father of such child. A

person shall be deemed, as of the date of death of a veteran, to be

the legally adopted child of such veteran if such person was at the

time of the veteran's death living in the veteran's household and

was legally adopted by the veteran's surviving spouse before August

26, 1961, or within two years after the veteran's death; however,

this sentence shall not apply if at the time of the veteran's

death, such person was receiving regular contributions toward the

person's support from some individual other than the veteran or the

veteran's spouse, or from any public or private welfare

organization which furnishes services or assistance for children. A

person with respect to whom an interlocutory decree of adoption has

been issued by an appropriate adoption authority shall be

recognized thereafter as a legally adopted child, unless and until

that decree is rescinded, if the child remains in the custody of

the adopting parent or parents during the interlocutory period. A

person who has been placed for adoption under an agreement entered

into by the adopting parent or parents with any agency authorized

under law to so act shall be recognized thereafter as a legally

adopted child, unless and until such agreement is terminated, if

the child remains in the custody of the adopting parent or parents

during the period of placement for adoption under such agreement. A

person described in clause (ii) of the first sentence of this

subparagraph who was a member of a veteran's household at the time

the person became 18 years of age and who is adopted by the veteran

shall be recognized as a legally adopted child of the veteran

regardless of the age of such person at the time of adoption.

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

the case of an adoption under the laws of any jurisdiction other

than a State (as defined in section 101(20) of this title and

including the Commonwealth of the Northern Mariana Islands) -

(i) a person residing outside any of the States shall not be

considered to be a legally adopted child of a veteran during the

lifetime of such veteran (including for purposes of this

subparagraph a Commonwealth Army veteran or new Philippine Scout,

as defined in section 3566 of this title) unless such person -

(I) was less than eighteen years of age at the time of

adoption;

(II) is receiving one-half or more of such person's annual

support from such veteran;

(III) is not in the custody of such person's natural parent,

unless such natural parent is such veteran's spouse; and

(IV) is residing with such veteran (or in the case of divorce

following adoption, with the divorced spouse who is also an

adoptive or natural parent) except for periods during which

such person is residing apart from such veteran (or such

divorced spouse) for purposes of full-time attendance at an

educational institution or during which such person or such

veteran (or such divorced spouse) is confined in a hospital,

nursing home, other health-care facility, or other institution;

and

(ii) a person shall not be considered to have been a legally

adopted child of a veteran as of the date of such veteran's death

and thereafter unless -

(I) at any time within the one-year period immediately

preceding such veteran's death, such veteran was entitled to

and was receiving a dependent's allowance or similar monetary

benefit under this title for such person; or

(II) for a period of at least one year prior to such

veteran's death, such person met the requirements of clause (i)

of this subparagraph.

(5) The term "parent" means (except for purposes of chapter 19 of

this title) a father, a mother, a father through adoption, a mother

through adoption, or an individual who for a period of not less

than one year stood in the relationship of a parent to a veteran at

any time before the veteran's entry into active military, naval, or

air service or if two persons stood in the relationship of a father

or a mother for one year or more, the person who last stood in the

relationship of father or mother before the veteran's last entry

into active military, naval, or air service.

(6) The term "Spanish-American War" (A) means the period

beginning on April 21, 1898, and ending on July 4, 1902, (B)

includes the Philippine Insurrection and the Boxer Rebellion, and

(C) in the case of a veteran who served with the United States

military forces engaged in hostilities in the Moro Province, means

the period beginning on April 21, 1898, and ending on July 15,

1903.

(7) The term "World War I" (A) means the period beginning on

April 6, 1917, and ending on November 11, 1918, and (B) in the case

of a veteran who served with the United States military forces in

Russia, means the period beginning on April 6, 1917, and ending on

April 1, 1920.

(8) The term "World War II" means (except for purposes of

chapters 31 and 37 of this title) the period beginning on December

7, 1941, and ending on December 31, 1946.

(9) The term "Korean conflict" means the period beginning on June

27, 1950, and ending on January 31, 1955.

(10) The term "Armed Forces" means the United States Army, Navy,

Marine Corps, Air Force, and Coast Guard, including the reserve

components thereof.

(11) The term "period of war" means the Spanish-American War, the

Mexican border period, World War I, World War II, the Korean

conflict, the Vietnam era, the Persian Gulf War, and the period

beginning on the date of any future declaration of war by the

Congress and ending on the date prescribed by Presidential

proclamation or concurrent resolution of the Congress.

(12) The term "veteran of any war" means any veteran who served

in the active military, naval, or air service during a period of

war.

(13) The term "compensation" means a monthly payment made by the

Secretary to a veteran because of service-connected disability, or

to a surviving spouse, child, or parent of a veteran because of the

service-connected death of the veteran occurring before January 1,

1957.

(14) The term "dependency and indemnity compensation" means a

monthly payment made by the Secretary to a surviving spouse, child,

or parent (A) because of a service-connected death occurring after

December 31, 1956, or (B) pursuant to the election of a surviving

spouse, child, or parent, in the case of such a death occurring

before January 1, 1957.

(15) The term "pension" means a monthly or other periodic payment

made by the Secretary to a veteran because of service, age, or

non-service-connected disability, or to a surviving spouse or child

of a veteran because of the non-service-connected death of the

veteran.

(16) The term "service-connected" means, with respect to

disability or death, that such disability was incurred or

aggravated, or that the death resulted from a disability incurred

or aggravated, in line of duty in the active military, naval, or

air service.

(17) The term "non-service-connected" means, with respect to

disability or death, that such disability was not incurred or

aggravated, or that the death did not result from a disability

incurred or aggravated, in line of duty in the active military,

naval, or air service.

(18) The term "discharge or release" includes (A) retirement from

the active military, naval, or air service, and (B) the

satisfactory completion of the period of active military, naval, or

air service for which a person was obligated at the time of entry

into such service in the case of a person who, due to enlistment or

reenlistment, was not awarded a discharge or release from such

period of service at the time of such completion thereof and who,

at such time, would otherwise have been eligible for the award of a

discharge or release under conditions other than dishonorable.

(19) The term "State home" means a home established by a State

(other than a possession) for veterans disabled by age, disease, or

otherwise who by reason of such disability are incapable of earning

a living. Such term also includes such a home which furnishes

nursing home care for veterans.

(20) The term "State" means each of the several States,

Territories, and possessions of the United States, the District of

Columbia, and the Commonwealth of Puerto Rico. For the purpose of

section 2303 and chapters 34 and 35 of this title, such term also

includes the Canal Zone.

(21) The term "active duty" means -

(A) full-time duty in the Armed Forces, other than active duty

for training;

(B) full-time duty (other than for training purposes) as a

commissioned officer of the Regular or Reserve Corps of the

Public Health Service (i) on or after July 29, 1945, or (ii)

before that date under circumstances affording entitlement to

"full military benefits" or (iii) at any time, for the purposes

of chapter 13 of this title;

(C) full-time duty as a commissioned officer of the National

Oceanic and Atmospheric Administration or its predecessor

organization the Coast and Geodetic Survey (i) on or after July

29, 1945, or (ii) before that date (I) while on transfer to one

of the Armed Forces, or (II) while, in time of war or national

emergency declared by the President, assigned to duty on a

project for one of the Armed Forces in an area determined by the

Secretary of Defense to be of immediate military hazard, or (III)

in the Philippine Islands on December 7, 1941, and continuously

in such islands thereafter, or (iii) at any time, for the

purposes of chapter 13 of this title;

(D) service as a cadet at the United States Military, Air

Force, or Coast Guard Academy, or as a midshipman at the United

States Naval Academy; and

(E) authorized travel to or from such duty or service.

(22) The term "active duty for training" means -

(A) full-time duty in the Armed Forces performed by Reserves

for training purposes;

(B) full-time duty for training purposes performed as a

commissioned officer of the Reserve Corps of the Public Health

Service (i) on or after July 29, 1945, or (ii) before that date

under circumstances affording entitlement to "full military

benefits", or (iii) at any time, for the purposes of chapter 13

of this title;

(C) in the case of members of the Army National Guard or Air

National Guard of any State, full-time duty under section 316,

502, 503, 504, or 505 of title 32, or the prior corresponding

provisions of law;

(D) duty performed by a member of a Senior Reserve Officers'

Training Corps program when ordered to such duty for the purpose

of training or a practice cruise under chapter 103 of title 10

for a period of not less than four weeks and which must be

completed by the member before the member is commissioned; and

(E) authorized travel to or from such duty.

The term does not include duty performed as a temporary member of

the Coast Guard Reserve.

(23) The term "inactive duty training" means -

(A) duty (other than full-time duty) prescribed for Reserves

(including commissioned officers of the Reserve Corps of the

Public Health Service) by the Secretary concerned under section

206 of title 37 or any other provision of law;

(B) special additional duties authorized for Reserves

(including commissioned officers of the Reserve Corps of the

Public Health Service) by an authority designated by the

Secretary concerned and performed by them on a voluntary basis in

connection with the prescribed training or maintenance activities

of the units to which they are assigned; and

(C) training (other than active duty for training) by a member

of, or applicant for membership (as defined in section 8140(g) of

title 5) in, the Senior Reserve Officers' Training Corps

prescribed under chapter 103 of title 10.

In the case of a member of the Army National Guard or Air National

Guard of any State, such term means duty (other than full-time

duty) under sections 316, 502, 503, 504, or 505 of title 32, or the

prior corresponding provisions of law. Such term does not include

(i) work or study performed in connection with correspondence

courses, (ii) attendance at an educational institution in an

inactive status, or (iii) duty performed as a temporary member of

the Coast Guard Reserve.

(24) The term "active military, naval, or air service" includes -

(A) active duty;

(B) any period of active duty for training during which the

individual concerned was disabled or died from a disease or

injury incurred or aggravated in line of duty; and

(C) any period of inactive duty training during which the

individual concerned was disabled or died -

(i) from an injury incurred or aggravated in line of duty; or

(ii) from an acute myocardial infarction, a cardiac arrest,

or a cerebrovascular accident occurring during such training.

(25) The term "Secretary concerned" means -

(A) the Secretary of the Army, with respect to matters

concerning the Army;

(B) the Secretary of the Navy, with respect to matters

concerning the Navy or the Marine Corps;

(C) the Secretary of the Air Force, with respect to matters

concerning the Air Force;

(D) the Secretary of Homeland Security, with respect to matters

concerning the Coast Guard;

(E) the Secretary of Health and Human Services, with respect to

matters concerning the Public Health Service; and

(F) the Secretary of Commerce, with respect to matters

concerning the National Oceanic and Atmospheric Administration or

its predecessor organization the Coast and Geodetic Survey.

(26) The term "Reserve" means a member of a reserve component of

one of the Armed Forces.

(27) The term "reserve component" means, with respect to the

Armed Forces -

(A) the Army Reserve;

(B) the Naval Reserve;

(C) the Marine Corps Reserve;

(D) the Air Force Reserve;

(E) the Coast Guard Reserve;

(F) the Army National Guard of the United States; and

(G) the Air National Guard of the United States.

(28) The term "nursing home care" means the accommodation of

convalescents or other persons who are not acutely ill and not in

need of hospital care, but who require nursing care and related

medical services, if such nursing care and medical services are

prescribed by, or are performed under the general direction of,

persons duly licensed to provide such care. Such term includes

services furnished in skilled nursing care facilities, in

intermediate care facilities, and in combined facilities. It does

not include domiciliary care.

(29) The term "Vietnam era" means the following:

(A) The period beginning on February 28, 1961, and ending on

May 7, 1975, in the case of a veteran who served in the Republic

of Vietnam during that period.

(B) The period beginning on August 5, 1964, and ending on May

7, 1975, in all other cases.

(30) The term "Mexican border period" means the period beginning

on May 9, 1916, and ending on April 5, 1917, in the case of a

veteran who during such period served in Mexico, on the borders

thereof, or in the waters adjacent thereto.

(31) The term "spouse" means a person of the opposite sex who is

a wife or husband.

(32) The term "former prisoner of war" means a person who, while

serving in the active military, naval or air service, was forcibly

detained or interned in line of duty -

(A) by an enemy government or its agents, or a hostile force,

during a period of war; or

(B) by a foreign government or its agents, or a hostile force,

under circumstances which the Secretary finds to have been

comparable to the circumstances under which persons have

generally been forcibly detained or interned by enemy governments

during periods of war.

(33) The term "Persian Gulf War" means the period beginning on

August 2, 1990, and ending on the date thereafter prescribed by

Presidential proclamation or by law.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1106; Pub. L. 86-195, Aug.

25, 1959, 73 Stat. 424; Pub. L. 87-674, Sec. 1, Sept. 19, 1962, 76

Stat. 558; Pub. L. 87-815, Sec. 3, Oct. 15, 1962, 76 Stat. 927;

Pub. L. 88-450, Sec. 4(c), (d), Aug. 19, 1964, 78 Stat. 504; Pub.

L. 89-311, Sec. 2(c)(1), Oct. 31, 1965, 79 Stat. 1155; Pub. L.

89-358, Sec. 4(d), Mar. 3, 1966, 80 Stat. 24; Pub. L. 90-77, title

II, Sec. 201, Aug. 31, 1967, 81 Stat. 181; Pub. L. 91-24, Secs.

1(a), (b), 16, June 11, 1969, 83 Stat. 33, 35; Pub. L. 91-262, Sec.

1, May 21, 1970, 84 Stat. 256; Pub. L. 91-588, Sec. 9(a), (b), Dec.

24, 1970, 84 Stat. 1584; Pub. L. 91-621, Sec. 6(a)(1), (2), Dec.

31, 1970, 84 Stat. 1864; Pub. L. 92-198, Sec. 5(a), Dec. 15, 1971,

85 Stat. 664; Pub. L. 92-540, title IV, Sec. 407, Oct. 24, 1972, 86

Stat. 1092; Pub. L. 94-169, title I, Sec. 101(1), Dec. 23, 1975, 89

Stat. 1013; Pub. L. 94-417, Sec. 1(b), Sept. 21, 1976, 90 Stat.

1277; Pub. L. 95-126, Sec. 3, Oct. 8, 1977, 91 Stat. 1108; Pub. L.

95-202, title III, Sec. 309(a), Nov. 23, 1977, 91 Stat. 1446; Pub.

L. 95-588, title III, Sec. 301, Nov. 4, 1978, 92 Stat. 2506; Pub.

L. 96-22, title IV, Sec. 401, June 13, 1979, 93 Stat. 62; Pub. L.

97-37, Sec. 3(a), Aug. 14, 1981, 95 Stat. 936; Pub. L. 97-295, Sec.

4(2), (95)(A), Oct. 12, 1982, 96 Stat. 1304, 1313; Pub. L. 97-306,

title I, Sec. 113(a), Oct. 14, 1982, 96 Stat. 1432; Pub. L. 98-223,

title II, Sec. 201, Mar. 2, 1984, 98 Stat. 41; Pub. L. 99-576,

title VII, Sec. 702(1), Oct. 28, 1986, 100 Stat. 3301; Pub. L.

100-322, title I, Sec. 103(a), title III, Sec. 311, May 20, 1988,

102 Stat. 493, 534; Pub. L. 100-456, div. A, title VI, Sec. 633(c),

Sept. 29, 1988, 102 Stat. 1987; Pub. L. 101-237, Sec. 2(a), Dec.

18, 1989, 103 Stat. 2062; Pub. L. 102-25, title III, Sec. 332, Apr.

6, 1991, 105 Stat. 88; Pub. L. 102-40, title IV, Sec. 402(d)(1),

May 7, 1991, 105 Stat. 239; Pub. L. 102-54, Sec. 14(a)(1), June 13,

1991, 105 Stat. 282; Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1),

(2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 103-446,

title XII, Sec. 1201(a)(1), Nov. 2, 1994, 108 Stat. 4682; Pub. L.

104-275, title V, Sec. 505(a), Oct. 9, 1996, 110 Stat. 3342; Pub.

L. 106-419, title III, Sec. 301(a), Nov. 1, 2000, 114 Stat. 1852;

Pub. L. 107-14, Sec. 4(a)(2), June 5, 2001, 115 Stat. 26; Pub. L.

107-296, title XVII, Sec. 1704(d), Nov. 25, 2002, 116 Stat. 2315.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in par. (20), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

-MISC1-

AMENDMENTS

2002 - Par. (25)(D). Pub. L. 107-296, Sec. 1704(d), which

directed that section "101(25)(d)" be amended by substituting "of

Homeland Security" for "of Transportation", was executed to subpar.

(D) to reflect the probable intent of Congress.

2001 - Par. (4)(A). Pub. L. 107-14 inserted "(other than with

respect to a child who is an insurable dependent under section

1965(10)(B) of such chapter)" after "except for purposes of chapter

19 of this title" in introductory provisions.

2000 - Par. (24). Pub. L. 106-419 amended par. (24) generally.

Prior to amendment, par. (24) read as follows: "The term 'active

military, naval, or air service' includes active duty, any period

of active duty for training during which the individual concerned

was disabled or died from a disease or injury incurred or

aggravated in line of duty, and any period of inactive duty

training during which the individual concerned was disabled or died

from an injury incurred or aggravated in line of duty."

1996 - Par. (29). Pub. L. 104-275 amended par. (29) generally.

Prior to amendment, par. (29) read as follows: "The term 'Vietnam

era' means the period beginning August 5, 1964, and ending on May

7, 1975."

1994 - Par. (1). Pub. L. 103-446 amended par. (1) generally.

Prior to amendment, par. (1) read as follows: "The terms

'Secretary' and 'Administrator' mean the Secretary of Veterans

Affairs, and the terms 'Department' and 'Department' mean the

Department of Veterans Affairs."

1991 - Par. (1). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration".

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

"Secretary" for "Administrator" in concluding provisions.

Pub. L. 102-40 substituted "8502(b)" for "5202(b)" in

introductory provisions.

Par. (4)(B)(i). Pub. L. 102-83, Sec. 5(c)(1), substituted "3566"

for "1766" in introductory provisions.

Par. (11). Pub. L. 102-25, Sec. 332(1), inserted "the Persian

Gulf War," after "the Vietnam era,".

Pars. (13) to (15). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator".

Par. (20). Pub. L. 102-83, Sec. 5(c)(1), substituted "2303" for

"903".

Par. (21)(C)(ii). Pub. L. 102-54 redesignated subcls. (a), (b),

and (c) as (I), (II), and (III), respectively.

Par. (32)(B). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Par. (33). Pub. L. 102-25, Sec. 332(2), added par. (33).

1989 - Par. (1). Pub. L. 101-237 amended par. (1) generally.

Prior to amendment, par. (1) read as follows: "The term

'Administrator' means the Administrator of Veterans' Affairs."

1988 - Par. (22)(D). Pub. L. 100-456, Sec. 633(c)(1), substituted

"training or a practice cruise under chapter 103 of title 10 for a

period of not less than four weeks and which must be completed by

the member before the member is commissioned" for "field training

or a practice cruise under chapter 103 of title 10".

Par. (23)(C). Pub. L. 100-456, Sec. 633(c)(2), added subpar. (C).

Par. (28). Pub. L. 100-322, Sec. 103(a), substituted "who require

nursing care" for "who require skilled nursing care" and "Such term

includes services furnished in skilled nursing care facilities, in

intermediate care facilities, and in combined facilities. It does

not include domiciliary care." for "The term includes intensive

care where the nursing service is under the supervision of a

registered professional nurse."

Par. (32)(B). Pub. L. 100-322, Sec. 311, struck out "during a

period other than a period of war in which such person was held"

before "under circumstances which".

1986 - Pars. (22)(C), (23), (27)(F). Pub. L. 99-576, Sec.

702(1)(A), inserted "Army" before "National Guard".

Par. (31). Pub. L. 99-576, Sec. 702(1)(B), struck out "and the

term 'surviving spouse' means a person of the opposite sex who is a

widow or widower" after "husband".

1984 - Par. (4)(A). Pub. L. 98-223 inserted provision that a

person described in cl. (ii) of first sentence of subpar. (A) who

was a member of a veteran's household at the time the person became

18 years of age and who is adopted by the veteran be recognized as

a legally adopted child of the veteran regardless of the age of

such person at the time of the adoption.

1982 - Par. (4)(A). Pub. L. 97-295, Sec. 4(2), substituted

"before August 26, 1961, or within two years after the veteran's

death" for "within two years after the veteran's death or the date

of enactment of this sentence".

Par. (22)(C). Pub. L. 97-306, Sec. 113(a)(1), struck out "and"

after "of law;".

Par. (22)(D), (E). Pub. L. 97-306, Sec. 113(a)(2), (3), added

subpar. (D) and redesignated former subpar. (D) as (E).

Par. (25)(E). Pub. L. 97-295, Sec. 4(95)(A), substituted "Health

and Human Services" for "Health, Education, and Welfare".

1981 - Par. (32). Pub. L. 97-37 added par. (32).

1979 - Par. (4). Pub. L. 96-22 designated existing provisions as

subpar. (A) and existing subpars. (A), (B), and (C) thereof as cls.

(i), (ii), and (iii), respectively, and added subpar. (B).

1978 - Par. (15). Pub. L. 95-588 inserted "or other periodic"

after "monthly".

1977 - Par. (18). Pub. L. 95-126 designated existing provisions

as cl. (A) and added cl. (B).

Par. (29). Pub. L. 95-202 substituted "May 7, 1975" for "such

date as shall thereafter be determined by Presidential proclamation

or concurrent resolution of the Congress."

1976 - Par. (19). Pub. L. 94-417 struck out "of any war

(including the Indian Wars)" before "disabled" and "of any war"

after "care for veterans".

1975 - Par. (3). Pub. L. 94-169, Sec. 101(1)(A), substituted

"surviving spouse" for "widow", "person of the opposite sex" for

"woman", "spouse" for "wife" wherever appearing, "the veteran's"

for "his" wherever appearing, "with the veteran" for "with him",

"person" for "man" wherever appearing and "himself or herself" for

"herself".

Par. (4). Pub. L. 94-169, Sec. 101(1)(B), substituted "regular

contributions toward the person's support from some individual

other than the veteran or the veteran's spouse" for "regular

contribution toward his support from some individual other than the

veteran or his spouse".

Par. (5). Pub. L. 94-169, Sec. 101(1)(C), substituted "before the

veteran's entry" for "before his entry".

Pars. (13) to (15). Pub. L. 94-169, Sec. 101(1)(D)-(F),

substituted "surviving spouse" for "widow" wherever appearing.

Par. (31). Pub. L. 94-169, Sec. 101(1)(G), added par. (31).

1972 - Par. (4). Pub. L. 92-540 inserted provision recognizing as

a legally adopted child a person who has been placed for adoption

under an agreement entered into by the adopting parent or parents

with an agency authorized by law to so act.

1971 - Par. (30). Pub. L. 92-198 struck out service requirement

of 90 days or more.

1970 - Par. (4). Pub. L. 91-262 inserted provision recognizing an

adopted child of a veteran as a dependent from the date of issuance

of an interlocutory decree.

Par. (11). Pub. L. 91-588, Sec. 9(a), inserted reference to the

Mexican border period.

Par. (21)(C). Pub. L. 91-621, Sec. 6(a)(1), included within

"active duty" duty as a commissioned officer of the National

Oceanic and Atmospheric Administration or its predecessor

organization.

Par. (25)(F). Pub. L. 91-621, Sec. 6(a)(2), inserted "the

National Oceanic and Atmospheric Administration or its predecessor

organization" before "the Coast and Geodetic Survey".

Par. (30). Pub. L. 91-588, Sec. 9(b), added par. (30).

1969 - Par. (3). Pub. L. 91-24, Sec. 16, substituted "September

16, 1962" for "enactment of the 1962 amendment to this paragraph".

Par. (23)(A). Pub. L. 91-24, Sec. 1(a), substituted "section 206

of title 37" for "section 301 of title 37".

Par. (25)(D). Pub. L. 91-24, Sec. 1(b), substituted "Secretary of

Transportation" for "Secretary of the Treasury".

1967 - Par. (11). Pub. L. 90-77, Sec. 201(a), included Vietnam

era within definition of "period of war" and substituted "the date"

for "a date".

Par. (29). Pub. L. 90-77, Sec. 201(b), added par. (29).

1966 - Par. (20). Pub. L. 89-358 defined "State" to include the

Canal Zone for the purpose of section 903 and chapters 34 and 35 of

this title.

1965 - Par. (4)(C). Pub. L. 89-311 substituted "twenty-three

years" for "twenty-one years".

1964 - Par. (19). Pub. L. 88-450, Sec. 4(c), included within

"State home" a home which furnishes nursing home care for veterans

of any war.

Par. (28). Pub. L. 88-450, Sec. 4(d), added par. (28).

1962 - Par. (3). Pub. L. 87-674 inserted requirement that a

widow, in cases not involving remarriage, must not, since the death

of the veteran and after the enactment of this amendment, have

lived with another man and held herself out openly to the public to

be the wife of such other man, and struck out "(unless the

purported remarriage is void)" after "who has not remarried".

Par. (26). Pub. L. 87-815 substituted " 'Reserve' means a member"

for " 'Reserves' means members".

1959 - Par. (4). Pub. L. 86-195 provided that a person shall be

deemed, as of the date of death of a veteran, to be the legally

adopted child of the veteran if such person was at the time of the

veteran's death living in the veteran's household and was legally

adopted by the surviving spouse of the veteran within two years

after the veteran's death or Aug. 25, 1959, the date of enactment

of Pub. L. 86-195, provided that such person was not receiving

regular contributions toward his support from some individual other

than the veteran or his spouse, or from any public or private

welfare organization.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-14, Sec. 4(g), June 5, 2001, 115 Stat. 30, provided

that:

"(1) The amendments made by this section [amending this section

and sections 1965 and 1967 to 1970 of this title] shall take effect

on the first day of the first month that begins more than 120 days

after the date of the enactment of this Act [June 5, 2001].

"(2) Each Secretary concerned, acting in consultation with the

Secretary of Veterans Affairs, shall take such action as is

necessary to ensure that during the period between the date of the

enactment of this Act and the effective date determined under

paragraph (1) each eligible member -

"(A) is furnished an explanation of the insurance benefits

available for dependents under the amendments made by this

section; and

"(B) is afforded an opportunity before such effective date to

make elections that are authorized under those amendments to be

made with respect to dependents.

"(3) For purposes of paragraph (2):

"(A) The term 'Secretary concerned' has the meaning given that

term in section 101 of title 38, United States Code.

"(B) The term 'eligible member' means a member of the uniformed

services described in subparagraph (A) or (C) of section

1967(a)(1) of title 38, United States Code, as amended by

subsection (b)(1)."

EFFECTIVE DATE OF 1996 AMENDMENT

Section 505(d) of Pub. L. 104-275 provided that: "The amendments

made by this section [amending this section and sections 1116 and

1710 of this title] shall take effect on January 1, 1997. No

benefit may be paid or provided by reason of such amendments for

any period before such date."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-456 applicable only with respect to

training performed after Sept. 30, 1988, see section 633(e) of Pub.

L. 100-456, set out as a note under section 2109 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 113(d) of Pub. L. 97-306, as amended by Pub. L. 98-223,

title II, Sec. 210, Mar. 2, 1984, 98 Stat. 45, provided that: "The

amendments made by subsections (a) [amending this section] and (b)

[repealing former section 403 of this title] and the provisions of

subsection (c) [set out as a note under section 8140 of Title 5,

Government Organization and Employees] -

"(1) with respect to deaths and disabilities resulting from

diseases or injuries incurred or aggravated after September 30,

1982, shall take effect as of October 1, 1982; and

"(2) with respect to deaths and disabilities resulting from

diseases or injuries incurred or aggravated before October 1,

1982, shall take effect as of October 1, 1983."

EFFECTIVE DATE OF 1978 AMENDMENT

Section 401 of Pub. L. 95-588 provided that: "The amendments made

by this Act [see Tables for classification] to title 38, United

States Code, shall become effective on January 1, 1979."

EFFECTIVE DATE OF 1977 AMENDMENTS

Section 501 of Pub. L. 95-202 provided that: "The provisions of

this Act [see Tables for classification] shall become effective on

the first day of the first month beginning 60 days after the date

of enactment of this Act [Nov. 23, 1977], except that the

provisions of title I and section 304(a)(1)(A) shall be effective

retroactively to October 1, 1977, the provisions of sections 201

and 202 shall become effective on January 1, 1978, the provisions

of section 203 shall be effective retroactively to May 31, 1976,

and the provisions of sections 301, 302(2), 304(a)(1)(B),

304(a)(2), 305(a)(3), 305(b)(2), 305(b)(3), 305(b)(4), 305(c), 306,

307, 308, 309, and 310 and of title IV shall be effective upon

enactment [Nov. 23, 1977]."

Amendment by Pub. L. 95-126 effective Oct. 8, 1977, see section 5

of Pub. L. 95-126, set out as a note under section 5303 of this

title.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 101 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6

of Pub. L. 92-198, set out as a note under section 1521 of this

title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section

10(a) of Pub. L. 91-588, set out as a note under section 1521 of

this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Section 405 of Pub. L. 90-77 provided that:

"(a) Except as provided in subsections (b) and (c) of this

section, this Act [see Tables for classification] shall become

effective on the first day of the first calendar month which begins

more than ten days after the date of enactment of this Act [Aug.

31, 1967].

"(b) The amendments made by section 203 of this Act [amending

sections 602 and 612 [now 1702 and 1712 of this title] shall become

effective upon enactment [Aug. 31, 1967].

"(c) The amendments made by title II [Secs. 201-204] of this Act

[amending this section] relating to the payment of burial benefits

in the case of veterans of the Vietnam era shall become effective

on the date of enactment of this Act [Aug. 31, 1967]. If the burial

allowance authorized by section 902 [now 2302] of title 38, United

States Code is payable solely by virtue of the enactment of this

Act, the two-year period for filing applications, referred to in

section 904 [now 2304] of such title 38, shall not end, with

respect to an individual whose death occurred prior to the

enactment of this Act; before the expiration of the two-year period

which begins on the date of enactment of this Act; or in any case

involving the correction of a discharge after the date of enactment

of this Act; before the expiration of two years from the date of

such correction."

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-311 effective first day of second

calendar month following Oct. 31, 1965, see section 9 of Pub. L.

89-311, set out as a note under section 1114 of this title.

SHORT TITLE OF 2002 AMENDMENTS

Pub. L. 107-330, Sec. 1(a), Dec. 6, 2002, 116 Stat. 2820,

provided that: "This Act [enacting section 3707A of this title,

amending sections 103, 107, 112, 1114, 1115, 1160, 1162, 1311,

1313, 1314, 1562, 1701, 1705, 1707, 1710, 1729B, 1781, 2106, 2301,

2306, 2411, 3011, 3014A, 3018C, 3031, 3035, 3103, 3485, 3512, 3674,

3689, 3703, 3734, 7261, 7292, and 7315 of this title, section 6103

of Title 26, Internal Revenue Code, and section 511 of Title 50,

Appendix, War and National Defense, enacting provisions set out as

notes under sections 103, 112, 1562, 2306, 2409, 3035, 3103, 3512,

3703, 3729, 7261, and 7292 of this title and section 2412 of Title

28, Judiciary and Judicial Procedure, and amending provisions set

out as notes under sections 2306 and 2400 of this title] may be

cited as the 'Veterans Benefits Act of 2002'."

Pub. L. 107-288, Sec. 1(a), Nov. 7, 2002, 116 Stat. 2033,

provided that: "This Act [enacting sections 4112 and 4215 of this

title, amending sections 3117, 4101 to 4104, 4106, 4107, 4109,

4211, 4212, and 4214 of this title, repealing section 4104A of this

title, and enacting provisions set out as notes under sections

4100, 4101, 4102, 4102A, 4103A, 4106, 4107, 4211, 4214, and 4215 of

this title] may be cited as the 'Jobs for Veterans Act'."

Pub. L. 107-287, Sec. 1, Nov. 7, 2002, 116 Stat. 2024, provided

that: "This Act [enacting sections 1785, 7325, 7326, and 8117 of

this title, amending sections 308 and 8111A of this title and

section 5315 of Title 5, Government Organization and Employees,

enacting provisions set out as notes under sections 7325 and 7326

of this title, and amending provisions set out as a note preceding

section 8117 of this title] may be cited as the 'Department of

Veterans Affairs Emergency Preparedness Act of 2002'."

Pub. L. 107-247, Sec. 1, Oct. 23, 2002, 116 Stat. 1517, provided

that: "This Act [enacting provisions set out as notes under section

1114 of this title] may be cited as the 'Veterans' Compensation

Cost-of-Living Adjustment Act of 2002'."

Pub. L. 107-135, Sec. 1(a), Jan. 23, 2002, 115 Stat. 2446,

provided that: "This Act [enacting sections 1782 to 1784 and 7324

of this title, amending sections 103, 1701, 1705 to 1707, 1710,

1711, 1712A, 1714, 1729, 1729A, 1781, 7303, 7306, 7426, 7451, 7454,

7631, 7672, 7673, 7682, 7683, 8110 to 8111A, 8152, 8502, 8520, and

8521 of this title and sections 8415 and 8422 of Title 5,

Government Organization and Employees, renumbering section 1713 of

this title as section 1781 of this title, repealing sections 7676

and 7684 of this title, and enacting provisions set out as notes

under sections 1705, 1710, 7303, 7311, 7324, 7451, 7454, 7631, and

7682 of this title and section 8415 of Title 5] may be cited as the

'Department of Veterans Affairs Health Care Programs Enhancement

Act of 2001'."

SHORT TITLE OF 2001 AMENDMENTS

Pub. L. 107-103, Sec. 1(a), Dec. 27, 2001, 115 Stat. 976,

provided that: "This Act [see Tables for classification] may be

cited as the 'Veterans Education and Benefits Expansion Act of

2001'."

Pub. L. 107-95, Sec. 1(a), Dec. 21, 2001, 115 Stat. 903, provided

that: "This Act [enacting chapter 20 of this title, amending

sections 1706, 1720A, 2031, 2033, 2034, 2051, 2052, 4103A, 4104,

8122, and 8162 of this title and sections 1437f and 11312 of Title

42, The Public Health and Welfare, renumbering sections 1771 to

1774 of this title as sections 2031 to 2034 of this title,

respectively, section 3735 of this title as section 2041 of this

title, and sections 3772 to 3775 of this title as sections 2051 to

2054 of this title, respectively, repealing sections 3771 and 4111

of this title and section 11448 of Title 42, enacting provisions

set out as notes under sections 2001, 2061, and 8162 of this title,

and repealing provisions set out as notes under section 7721 of

this title] may be cited as the 'Homeless Veterans Comprehensive

Assistance Act of 2001'."

Pub. L. 107-94, Sec. 1(a), Dec. 21, 2001, 115 Stat. 900, provided

that: "This Act [amending sections 1114, 1115, 1162, 1311, 1313,

and 1314 of this title and enacting provisions set out as notes

under section 1114 of this title] may be cited as the 'Veterans'

Compensation Rate Amendments of 2001'."

Pub. L. 107-14, Sec. 1(a), June 5, 2001, 115 Stat. 25, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Survivor Benefits Improvements Act of 2001'."

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106-475, Sec. 1, Nov. 9, 2000, 114 Stat. 2096, provided

that: "This Act [enacting sections 5100, 5102 to 5103A, and 5126 of

this title, amending sections 5106 and 5107 of this title,

repealing former sections 5102 and 5103 of this title, and enacting

provisions set out as a note under section 5107 of this title] may

be cited as the 'Veterans Claims Assistance Act of 2000'."

Pub. L. 106-419, Sec. 1(a), Nov. 1, 2000, 114 Stat. 1822,

provided that: "This Act [see Tables for classification] may be

cited as the 'Veterans Benefits and Health Care Improvement Act of

2000'."

Pub. L. 106-413, Sec. 1, Nov. 1, 2000, 114 Stat. 1798, provided

that: "This Act [enacting provisions set out as notes under section

1114 of this title] may be cited as the 'Veterans' Compensation

Cost-of-Living Adjustment Act of 2000'."

SHORT TITLE OF 1999 AMENDMENTS

Pub. L. 106-118, Sec. 1(a), Nov. 30, 1999, 113 Stat. 1601,

provided that: "This Act [amending sections 1114, 1115, 1162, 1311,

1313, and 1314 of this title and enacting provisions set out as

notes under section 1114 of this title] may be cited as the

'Veterans' Compensation Cost-of-Living Adjustment Act of 1999'."

Pub. L. 106-117, Sec. 1(a), Nov. 30, 1999, 113 Stat. 1545,

provided that: "This Act [see Tables for classification] may be

cited as the 'Veterans Millennium Health Care and Benefits Act'."

Pub. L. 106-117, title V, Sec. 501(a), Nov. 30, 1999, 113 Stat.

1573, provided that: "This section [amending section 1318 of this

title] may be cited as the 'John William Rolen Act'."

Pub. L. 106-117, title X, Sec. 1001, Nov. 30, 1999, 113 Stat.

1587, provided that: "This title [enacting sections 7257 and 7299

of this title, amending sections 7253, 7254, 7281, and 7296 to 7298

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

sections 7253 and 7296 of this title] may be cited as the 'Court of

Appeals for Veterans Claims Amendments of 1999'."

SHORT TITLE OF 1998 AMENDMENTS

Pub. L. 105-368, Sec. 1(a), Nov. 11, 1998, 112 Stat. 3315,

provided that: "This Act [see Tables for classification] may be

cited as the 'Veterans Programs Enhancement Act of 1998'."

Pub. L. 105-368, title VIII, Sec. 801, Nov. 11, 1998, 112 Stat.

3352, provided that: "This title [enacting sections 7671 to 7676

and 7681 to 7684 of this title, amending sections 7601 to 7604,

7632, and 7636 of this title, and repealing provisions set out as a

note under section 7601 of this title] may be cited as the

'Department of Veterans Affairs Health Care Personnel Incentive Act

of 1998'."

Pub. L. 105-277, div. C, title XVI, Sec. 1601, Oct. 21, 1998, 112

Stat. 2681-742, provided that: "This title [enacting section 1118

of this title, amending sections 1113 and 1117 of this title, and

enacting provisions set out as a note under section 1117 of this

title] may be cited as the 'Persian Gulf War Veterans Act of

1998'."

Pub. L. 105-178, title VIII, Sec. 8201, June 9, 1998, 112 Stat.

492, provided that: "This subtitle [subtitle B (Secs. 8201-8209) of

title VIII of Pub. L. 105-178, amending sections 1110, 1131, 1311,

2102, 3015, and 3902 of this title and section 16131 of Title 10,

Armed Forces, and enacting provisions set out as notes under

sections 1311, 1521, 2102, 3015, and 3902 of this title and

sections 1174 and 16131 of Title 10] may be cited as the 'Veterans

Benefits Act of 1998'."

SHORT TITLE OF 1997 AMENDMENTS

Pub. L. 105-114, Sec. 1(a), Nov. 21, 1997, 111 Stat. 2277,

provided that: "This Act [enacting sections 319, 516, 1771 to 1774,

and 7322 of this title, amending sections 1710, 1717, 1720, 1720A,

1720C, 1801, 1804, 1806, 2303, 3015, 3018C, 3680A, 3735, 3761,

3762, 5310, 7618, 8153, and 8169 of this title and sections 11448

and 11450 of Title 42, The Public Health and Welfare, repealing

section 8168 of this title, enacting provisions set out as notes

under sections 319, 516, 1710, 1801, 7322, and 7611 of this title,

amending provisions set out as a note under section 7721 of this

title, and repealing provisions set out as notes under sections

527, 1712, 1718, and 7721 of this title] may be cited as the

'Veterans' Benefits Act of 1997'."

Pub. L. 105-98, Sec. 1(a), Nov. 19, 1997, 111 Stat. 2155,

provided that: "This Act [amending sections 1114, 1115, 1162, 1311,

1313, and 1314 of this title and enacting provisions set out as

notes under section 1114 of this title] may be cited as the

'Veterans' Compensation Rate Amendments of 1997'."

Pub. L. 105-33, title VIII, Sec. 8001(a), Aug. 5, 1997, 111 Stat.

663, provided that: "This title [enacting sections 1103, 1303, and

1729A of this title, amending sections 712, 1710, 1722A, 1729,

3720, 3726, 3729, 3732, 5302, 5317, and 5503 of this title,

enacting provisions set out as notes under sections 712, 1729,

1729A, and 3726 of this title, and amending provisions set out as a

note under section 1710 of this title] may be cited as the

'Veterans Reconciliation Act of 1997'."

SHORT TITLE OF 1996 AMENDMENTS

Section 1(a) of Pub. L. 104-275 provided that: "This Act [see

Tables for classification] may be cited as the 'Veterans' Benefits

Improvements Act of 1996'."

Section 401 of title IV of Pub. L. 104-275 provided that: "This

title [amending sections 1315, 1965, 1967 to 1971, 1973, 1974,

1977, 3017, and 3224 of this title and enacting provisions set out

as notes under sections 1965 and 1968 of this title] may be cited

as the 'Veterans' Insurance Reform Act of 1996'."

Pub. L. 104-263, Sec. 1, Oct. 9, 1996, 110 Stat. 3212, provided

that: "This Act [enacting provisions set out as a note under

section 1114 of this title] may be cited as the 'Veterans'

Compensation Cost-of-Living Adjustment Act of 1996'."

Pub. L. 104-262, Sec. 1(a), Oct. 9, 1996, 110 Stat. 3177,

provided that: "This Act [see Tables for classification] may be

cited as the 'Veterans' Health Care Eligibility Reform Act of

1996'."

Pub. L. 104-106, div. B, title XXVIII, Sec. 2822(a), Feb. 10,

1996, 110 Stat. 556, provided that: "This section [enacting section

3708 of this title and provisions set out as a note under section

3708 of this title] may be cited as the 'Military Housing

Assistance Act of 1995'."

SHORT TITLE OF 1995 AMENDMENT

Pub. L. 104-57, Sec. 1, Nov. 22, 1995, 109 Stat. 555, provided

that: "This Act [enacting provisions set out as notes under section

1114 of this title] may be cited as the 'Veterans' Compensation

Cost-of-Living Adjustment Act of 1995'."

SHORT TITLE OF 1994 AMENDMENTS

Pub. L. 103-452, Sec. 1(a), Nov. 2, 1994, 108 Stat. 4783,

provided that: "This Act [see Tables for classification] may be

cited as the 'Veterans Health Programs Extension Act of 1994'."

Section 1(a) of Pub. L. 103-446 provided that: "This Act [see

Tables for classification] may be cited as the 'Veterans' Benefits

Improvements Act of 1994'."

Section 101 of title I of Pub. L. 103-446 provided that: "This

Act [probably means title I of Pub. L. 103-446, see Tables for

classification] may be cited as the 'Persian Gulf War Veterans'

Benefits Act'."

Pub. L. 103-418, Sec. 1, Oct. 25, 1994, 108 Stat. 4336, provided

that: "This Act [enacting provisions set out as notes under section

1114 of this title] may be cited as the 'Veterans' Compensation

Cost-of-Living Adjustment Act of 1994'."

Pub. L. 103-353, Sec. 1, Oct. 13, 1994, 108 Stat. 3149, provided

that: "This Act [see Tables for classification] may be cited as the

'Uniformed Services Employment and Reemployment Rights Act of

1994'."

Pub. L. 103-271, Sec. 1, July 1, 1994, 108 Stat. 740, provided

that: "This Act [see Tables for classification] may be cited as the

'Board of Veterans' Appeals Administrative Procedures Improvement

Act of 1994'."

SHORT TITLE OF 1993 AMENDMENTS

Pub. L. 103-140, Sec. 1(a), Nov. 11, 1993, 107 Stat. 1485,

provided that: "This Act [see Tables for classification] may be

cited as the 'Veterans' Compensation Rates Amendments of 1993'."

Pub. L. 103-66, title XII, Sec. 12001, Aug. 10, 1993, 107 Stat.

413, provided that: "This title [see Tables for classification] may

be cited as the 'Veterans Reconciliation Act of 1993'."

SHORT TITLE OF 1992 AMENDMENTS

Pub. L. 102-590, Sec. 1, Nov. 10, 1992, 106 Stat. 5136, provided

that: "This Act [see Tables for classification] may be cited as the

'Homeless Veterans Comprehensive Service Programs Act of 1992'."

Pub. L. 102-585, Sec. 1(a), Nov. 4, 1992, 106 Stat. 4943,

provided that: "This Act [see Tables for classification] may be

cited as the 'Veterans Health Care Act of 1992'."

Pub. L. 102-585, title I, Sec. 101, Nov. 4, 1992, 106 Stat. 4944,

provided that: "This title [see Tables for classification] may be

cited as the 'Women Veterans Health Programs Act of 1992'."

Pub. L. 102-578, Sec. 1, Oct. 30, 1992, 106 Stat. 4774, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Radiation Exposure Amendments of 1992'."

Pub. L. 102-568, Sec. 1(a), Oct. 29, 1992, 106 Stat. 4320,

provided that: "This Act [see Tables for classification] may be

cited as the 'Veterans' Benefits Act of 1992'."

Pub. L. 102-568, title I, Sec. 101, Oct. 29, 1992, 106 Stat.

4321, provided that: "This title [see Tables for classification]

may be cited as the 'Dependency and Indemnity Compensation Reform

Act of 1992'."

Pub. L. 102-547, Sec. 1, Oct. 28, 1992, 106 Stat. 3633, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans Home Loan Program Amendments of 1992'."

Pub. L. 102-510, Sec. 1, Oct. 24, 1992, 106 Stat. 3318, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Compensation Cost-of-Living Adjustment Act of 1992'."

Pub. L. 102-405, Sec. 1(a), Oct. 9, 1992, 106 Stat. 1972,

provided that: "This Act [see Tables for classification] may be

cited as the 'Veterans' Medical Programs Amendments of 1992'."

SHORT TITLE OF 1991 AMENDMENTS

Pub. L. 102-152, Sec. 1(a), Nov. 12, 1991, 105 Stat. 985,

provided that: "This Act [see Tables for classification] may be

cited as the 'Veterans' Compensation Rate Amendments of 1991'."

Pub. L. 102-127, Sec. 1, Oct. 10, 1991, 105 Stat. 619, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Educational Assistance Amendments of 1991'."

Section 1(a) of Pub. L. 102-86 provided that: "This Act [see

Tables for classification] may be cited as the 'Veterans' Benefits

Programs Improvement Act of 1991'."

Section 1(a) of Pub. L. 102-83 provided that: "This Act [see

Tables for classification] may be cited as the 'Department of

Veterans Affairs Codification Act'."

Section 1(a) of Pub. L. 102-40 provided that: "This Act [see

Tables for classification] may be cited as the 'Department of

Veterans Affairs Health-Care Personnel Act of 1991'."

Section 101 of title I of Pub. L. 102-40 provided that: "This

title [see Tables for classification] may be cited as the

'Department of Veterans Affairs Physician and Dentist Recruitment

and Retention Act of 1991'."

Section 201 of title II of Pub. L. 102-40 provided that: "This

title [see Tables for classification] may be cited as the

'Department of Veterans Affairs Labor Relations Improvement Act of

1991'."

Section 331 of Pub. L. 102-25 provided that: "This part [part C

(Secs. 331-341) of title III of Pub. L. 102-25, see Tables for

classification] may be cited as the 'Persian Gulf War Veterans'

Benefits Act of 1991'."

Pub. L. 102-4, Sec. 1, Feb. 6, 1991, 105 Stat. 11, provided that:

"This Act [see Tables for classification] may be cited as the

'Agent Orange Act of 1991'."

Pub. L. 102-3, Sec. 1(a), Feb. 6, 1991, 105 Stat. 7, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Compensation Amendments of 1991'."

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-366, Sec. 1, Aug. 15, 1990, 104 Stat. 430, provided

that: "This Act [see Tables for classification] may be cited as the

'Department of Veterans Affairs Nurse Pay Act of 1990'."

SHORT TITLE OF 1989 AMENDMENTS

Section 1(a) of Pub. L. 101-237 provided that: "This Act [see

Tables for classification] may be cited as the 'Veterans' Benefits

Amendments of 1989'."

Section 301 of title III of Pub. L. 101-237 provided that: "This

title [see Tables for classification] may be cited as the 'Veterans

Home Loan Indemnity and Restructuring Act of 1989'."

Section 401 of title IV of Pub. L. 101-237 provided that: "This

title [see Tables for classification] may be cited as the 'Veterans

Education and Employment Amendments of 1989'."

Pub. L. 101-94, Sec. 1, Aug. 16, 1989, 103 Stat. 617, provided

that: "This Act [see Tables for classification] may be cited as the

'Court of Veterans Appeals Judges Retirement Act'."

SHORT TITLE OF 1988 AMENDMENTS

Pub. L. 100-689, Sec. 1, Nov. 18, 1988, 102 Stat. 4161, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Benefits and Programs Improvement Act of 1988'."

Pub. L. 100-687, div. A, Sec. 1(a), Nov. 18, 1988, 102 Stat.

4105, provided that: "This division [see Tables for classification]

may be cited as the 'Veterans' Judicial Review Act'."

Pub. L. 100-687, div. B, Sec. 1001(a), Nov. 18, 1988, 102 Stat.

4122, provided that: "This division [see Tables for classification]

may be cited as the 'Veterans' Benefits Improvement Act of 1988'."

For short title of Pub. L. 100-527 as the "Department of Veterans

Affairs Act", see section 1 of Pub. L. 100-527, set out as a note

under section 301 of this title.

Pub. L. 100-323, Sec. 1(a), May 20, 1988, 102 Stat. 556, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Employment, Training, and Counseling Amendments of

1988'."

Section 1(a) of Pub. L. 100-322 provided that: "This Act [see

Tables for classification] may be cited as the 'Veterans' Benefits

and Services Act of 1988'."

Pub. L. 100-321, Sec. 1, May 20, 1988, 102 Stat. 485, provided

that: "This Act [see Tables for classification] may be cited as the

'Radiation-Exposed Veterans Compensation Act of 1988'."

Pub. L. 100-253, Sec. 1, Feb. 29, 1988, 102 Stat. 20, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Home Loan Program Emergency Amendments of 1988'."

SHORT TITLE OF 1987 AMENDMENTS

Pub. L. 100-227, Sec. 1(a), Dec. 31, 1987, 101 Stat. 1552,

provided that: "This Act [see Tables for classification] may be

cited as the 'Veterans' Compensation Cost-of-Living Adjustment Act

of 1987'."

Pub. L. 100-198, Sec. 1(a), Dec. 21, 1987, 101 Stat. 1315,

provided that: "This Act [see Tables for classification] may be

cited as the 'Veterans' Home Loan Program Improvements and Property

Rehabilitation Act of 1987'."

Pub. L. 100-48, Sec. 1, June 1, 1987, 101 Stat. 331, provided

that: "This Act [see Tables for classification] may be cited as the

'New GI Bill Continuation Act'."

SHORT TITLE OF 1986 AMENDMENTS

Section 1(a) of Pub. L. 99-576 provided that: "This Act [see

Tables for classification] may be cited as the 'Veterans' Benefits

Improvement and Health-Care Authorization Act of 1986'."

Pub. L. 99-272, title XIX, Sec. 19001(a), Apr. 7, 1986, 100 Stat.

372, provided that: "This title [see Tables for classification] may

be cited as the 'Veterans' Health-Care Amendments of 1986'."

Pub. L. 99-238, Sec. 1, Jan. 13, 1986, 99 Stat. 1765, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Compensation Rate Increase and Job Training Amendments

of 1985'."

SHORT TITLE OF 1985 AMENDMENT

Pub. L. 99-166, Sec. 1(a), Dec. 3, 1985, 99 Stat. 941, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Administration Health-Care Amendments of 1985'."

SHORT TITLE OF 1984 AMENDMENTS

Pub. L. 98-543, Sec. 1(a), Oct. 24, 1984, 98 Stat. 2735, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Benefits Improvement Act of 1984'."

For short title of Pub. L. 98-542 as the "Veterans' Dioxin and

Radiation Exposure Compensation Standards Act", see section 1 of

Pub. L. 98-542, set out as a note under section 1154 of this title.

Pub. L. 98-528, Sec. 1(a), Oct. 19, 1984, 98 Stat. 2686, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Health Care Act of 1984'."

Pub. L. 98-525, title VII, Sec. 701, Oct. 19, 1984, 98 Stat.

2553, as amended by Pub. L. 100-48, Sec. 2, June 1, 1987, 101 Stat.

331, provided that: "This title [see Tables for classification] may

be cited as the 'Montgomery GI Bill Act of 1984'."

Section 1 of Pub. L. 98-223 provided in part: "That (a) this Act

[see Tables for classification] may be cited as the 'Veterans'

Compensation and Program Improvements Amendments of 1984'."

SHORT TITLE OF 1983 AMENDMENT

Pub. L. 98-160, Sec. 1(a), Nov. 21, 1983, 97 Stat. 993, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Health Care Amendments of 1983'."

SHORT TITLE OF 1982 AMENDMENTS

Section 1(a) of Pub. L. 97-306 provided that: "This Act [see

Tables for classification] may be cited as the 'Veterans'

Compensation, Education, and Employment Amendments of 1982'."

Pub. L. 97-251, Sec. 1(a), Sept. 8, 1982, 96 Stat. 711, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Administration Health-Care Programs Improvement and

Extension Act of 1982'."

Pub. L. 97-174, Sec. 1, May 4, 1982, 96 Stat. 70, provided: "That

this Act [see Tables for classification] may be cited as the

'Veterans' Administration and Department of Defense Health

Resources Sharing and Emergency Operations Act'."

SHORT TITLE OF 1981 AMENDMENTS

Pub. L. 97-72, Sec. 1(a), Nov. 3, 1981, 95 Stat. 1047, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Health Care, Training, and Small Business Loan Act of

1981'."

Pub. L. 97-72, title III, Sec. 301, Nov. 3, 1981, 95 Stat. 1055,

provided that: "This title [see Tables for classification] may be

cited as the 'Veterans' Small Business Loan Act of 1981'."

Pub. L. 97-66, Sec. 1(a), Oct. 17, 1981, 95 Stat. 1026, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Disability Compensation, Housing, and Memorial Benefits

Amendments of 1981'."

Pub. L. 97-37, Sec. 1(a), Aug. 14, 1981, 95 Stat. 935, provided

that: "this Act [see Tables for classification] may be cited as the

'Former Prisoner of War Benefits Act of 1981'."

SHORT TITLE OF 1980 AMENDMENTS

Pub. L. 96-466, Sec. 1(a), Oct. 17, 1980, 94 Stat. 2171, provided

that: "this Act [see Tables for classification] may be cited as the

'Veterans' Rehabilitation and Education Amendments of 1980'."

Pub. L. 96-385, Sec. 1(a), Oct. 7, 1980, 94 Stat. 1528, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Disability Compensation and Housing Benefits Amendments

of 1980'."

Pub. L. 96-330, Sec. 1(a), Aug. 26, 1980, 94 Stat. 1030, provided

that: "this Act [see Tables for classification] may be cited as the

'Veterans' Administration Health-Care Amendments of 1980'."

SHORT TITLE OF 1979 AMENDMENTS

Pub. L. 96-151, Sec. 1(a), Dec. 20, 1979, 93 Stat. 1092, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans Health Programs Extension and Improvement Act of 1979'."

Pub. L. 96-128, Sec. 1, Nov. 28, 1979, 93 Stat. 982, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans' Disability Compensation and Survivors' Benefits

Amendments of 1979'."

Section 1(a) of Pub. L. 96-22 provided that: "This Act [see

Tables for classification] may be cited as the 'Veterans' Health

Care Amendments of 1979'."

SHORT TITLE OF 1978 AMENDMENTS

Section 1 of Pub. L. 95-588 provided: "That this Act [see Tables

for classification] may be cited as the 'Veterans' and Survivors'

Pension Improvement Act of 1978'."

Pub. L. 95-520, Sec. 1, Oct. 26, 1978, 92 Stat. 1820, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans' Administration Programs Extension Act of 1978'."

Pub. L. 95-479, Sec. 1(a), Oct. 18, 1978, 92 Stat. 1560, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Disability Compensation and Survivors' Benefits Act of

1978'."

Pub. L. 95-476, Sec. 1(a), Oct. 18, 1978, 92 Stat. 1497, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Housing Benefits Act of 1978'."

SHORT TITLE OF 1977 AMENDMENTS

Pub. L. 95-204, Sec. 1, Dec. 2, 1977, 91 Stat. 1455, provided:

"That this Act [see Tables for classification] be cited as the

'Veterans and Survivors Pension Adjustment Act of 1977'."

Section 1 of Pub. L. 95-202 provided: "That this Act [see Tables

for classification] may be cited as the 'GI Bill Improvement Act of

1977'."

Pub. L. 95-201, Sec. 1, Nov. 23, 1977, 91 Stat. 1429, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans' Administration Physician and Dentist Pay Comparability

Amendments of 1977'."

Pub. L. 95-117, Sec. 1, Oct. 3, 1977, 91 Stat. 1063, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans Disability Compensation and Survivor Benefits Act of

1977'."

Pub. L. 95-62, Sec. 1, July 5, 1977, 91 Stat. 262, provided:

"That this Act [see Tables for classification] may be cited as the

'State Veterans' Home Assistance Improvement Act of 1977'."

SHORT TITLE OF 1976 AMENDMENTS

Pub. L. 94-581, Sec. 1, Oct. 21, 1976, 90 Stat. 2842, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans Omnibus Health Care Act of 1976'."

Pub. L. 94-581, title II, Sec. 201, Oct. 21, 1976, 90 Stat. 2855,

provided that: "This title [see Tables for classification] may be

cited as the 'Veterans Medical Technical and Conforming Amendments

of 1976'."

Pub. L. 94-502, Sec. 1, Oct. 15, 1976, 90 Stat. 2383, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans' Education and Employment Assistance Act of 1976'."

Pub. L. 94-502, Sec. 401, Oct. 15, 1976, 90 Stat. 2392, provided

that: "This title [see Tables for classification] may be cited as

the 'Post-Vietnam Era Veterans' Educational Assistance Act of

1977'."

Pub. L. 94-433, Sec. 1, Sept. 30, 1976, 90 Stat. 1374, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans Disability Compensation and Survivor Benefits Act of

1976'."

Pub. L. 94-432, Sec. 1, Sept. 30, 1976, 90 Stat. 1369, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans and Survivors Pension Adjustment Act of 1976'."

Pub. L. 94-324, Sec. 1, June 30, 1976, 90 Stat. 720, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans Housing Amendments Act of 1976'."

SHORT TITLE OF 1975 AMENDMENTS

Section 1 of Pub. L. 94-169 provided: "That this Act [see Tables

for classification] may be cited as the 'Veterans and Survivors

Pension Interim Adjustment Act of 1975'."

Pub. L. 94-123, Sec. 1, Oct. 22, 1975, 89 Stat. 669, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans' Administration Physician and Dentist Pay Comparability

Act of 1975'."

Pub. L. 94-71, Sec. 1, Aug. 5, 1975, 89 Stat. 395, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans Disability Compensation and Survivor Benefits Act of

1975'."

SHORT TITLE OF 1974 AMENDMENTS

Pub. L. 93-602, title II, Sec. 201, Jan. 2, 1975, 88 Stat. 1958,

provided that: "This title [see Tables for classification] may be

cited as the 'Veterans' Education and Rehabilitation Equalization

Amendments Act of 1974'."

Pub. L. 93-569, Sec. 1, Dec. 31, 1974, 88 Stat. 1863, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans Housing Act of 1974'."

Pub. L. 93-538, Sec. 1, Dec. 22, 1974, 88 Stat. 1736, provided:

"That this Act [see Tables for classification] may be cited as the

'Disabled Veterans' and Servicemen's Automobile and Adaptive

Equipment Amendments of 1974'."

Pub. L. 93-527, Sec. 1, Dec. 21, 1974, 88 Stat. 1702, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans and Survivors Pension Adjustment Act of 1974'."

Pub. L. 93-508, Sec. 1, Dec. 3, 1974, 88 Stat. 1578, provided:

"That this Act [see Tables for classification] may be cited as the

'Vietnam Era Veterans' Readjustment Assistance Act of 1974'."

Pub. L. 93-295, Sec. 1, May 31, 1974, 88 Stat. 180, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans Disability Compensation and Survivor Benefits Act of

1974'."

Pub. L. 93-289, Sec. 1, May 24, 1974, 88 Stat. 165, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans' Insurance Act of 1974'."

SHORT TITLE OF 1973 AMENDMENTS

Pub. L. 93-82, Sec. 1, Aug. 2, 1973, 87 Stat. 179, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans Health Care Expansion Act of 1973'."

Pub. L. 93-43, Sec. 1, June 18, 1973, 87 Stat. 75, provided:

"That this Act [see Tables for classification] may be cited as the

'National Cemeteries Act of 1973'."

SHORT TITLE OF 1972 AMENDMENTS

Pub. L. 92-541, Sec. 1, Oct. 24, 1972, 86 Stat. 1100, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans' Administration Medical School Assistance and Health

Manpower Training Act of 1972'."

Section 1 of Pub. L. 92-540 provided: "That this Act [see Tables

for classification] may be cited as the 'Vietnam Era Veterans'

Readjustment Assistance Act of 1972'."

Section 501 of title V of Pub. L. 92-540 provided that: "This

title [see Tables for classification] may be cited as the

'Veterans' Employment and Readjustment Act of 1972'."

Pub. L. 92-328, Sec. 1, June 30, 1972, 86 Stat. 393, provided

that: "This Act [see Tables for classification] may be cited as the

'Veterans' Compensation and Relief Act of 1972'."

SHORT TITLE OF 1971 AMENDMENT

Pub. L. 91-666, Sec. 1, Jan. 11, 1971, 84 Stat. 1998, provided:

"That this Act [see Tables for classification] may be cited as the

'Disabled Veterans' and Servicemen's Automobile Assistance Act of

1970'."

SHORT TITLE OF 1970 AMENDMENTS

Pub. L. 91-506, Sec. 1, Oct. 23, 1970, 84 Stat. 1108, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans' Housing Act of 1970'."

Pub. L. 91-219, Sec. 1, Mar. 26, 1970, 84 Stat. 76, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans Education and Training Amendments Act of 1970'."

SHORT TITLE OF 1967 AMENDMENT

Section 1 of Pub. L. 90-77 provided that: "This Act [see Tables

for classification] may be cited as the 'Veterans' Pension and

Readjustment Assistance Act of 1967'."

SHORT TITLE OF 1966 AMENDMENTS

Pub. L. 89-785, Sec. 1, Nov. 7, 1966, 80 Stat. 1368, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans Hospitalization and Medical Services Modernization

Amendments of 1966'."

Section 1 of Pub. L. 89-358 provided that: "This Act [see Tables

for classification] may be cited as the 'Veterans' Readjustment

Benefits Act of 1966'."

SHORT TITLE OF 1959 AMENDMENT

Pub. L. 86-211, Sec. 1, Aug. 29, 1959, 73 Stat. 432, provided:

"That this Act [see Tables for classification] may be cited as the

'Veterans' Pension Act of 1959'."

-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-

REDESIGNATION OF SECTIONS; COORDINATION OF REDESIGNATIONS WITH

OTHER AMENDMENTS BY PUB. L. 102-83

Section 5 of Pub. L. 102-83 provided that:

"(a) Redesignation of Sections To Conform To Chapter Numbers. -

Each section contained in any of chapters 11 through 23 is

redesignated by replacing the first digit of the section number

with the number of the chapter containing that section. Each

section contained in any of chapters 24 through 42 is redesignated

so that the first two digits of the section number of that section

are the same as the chapter number of the chapter containing that

section.

"(b) Tables of Sections and Chapters. - (1) The tables of

sections at the beginning of the chapters referred to in subsection

(a) are revised so as to conform the section references in those

tables to the redesignations made by that subsection.

"(2) The table of chapters before part I and the tables of

chapters at the beginning of parts I, II, and III are revised so as

to conform the section references in those tables to the

redesignations made by subsection (a).

"(c) Cross-References. - (1) Each provision of title 38, United

States Code, that contains a reference to a section redesignated by

subsection (a) is amended so that the reference refers to the

section as redesignated.

"(2) Any reference in a provision of law other than title 38,

United States Code, to a section redesignated by subsection (a)

shall be deemed to refer to the section as so redesignated.

"(d) Rule for Execution. - The redesignations made by subsection

(a) and the amendments made by subsections (b) and (c) shall be

executed after any other amendments made by this Act [see Tables

for classification]."

STUDY OF BENEFITS PAYABLE TO PERSONS RESIDING OUTSIDE THE UNITED

STATES; REPORT AND RECOMMENDATIONS NOT LATER THAN FEBRUARY 1, 1980

Pub. L. 96-22, title IV, Sec. 402, June 13, 1979, 93 Stat. 63,

authorized Administrator of Veterans' Affairs, in consultation with

Secretary of State, to carry out a comprehensive study of benefits

payable under this title to persons residing outside the fifty

States and the District of Columbia and required submission of a

report to Congress and to President on results of such study not

later than Feb. 1, 1980.

DISABILITY COMPENSATION OR DEPENDENCY AND INDEMNITY COMPENSATION

AWARD; EFFECTIVE DATE

Section 6(b) of Pub. L. 91-621 provided effective date for an

award by Veteran's Administration arising from injury or death

occurring prior to Dec. 31, 1970, and based on a claim arising from

amendments made to pars. (21)(C) and (25)(F) of this section and

section 5305 of this title, prior to repeal by Pub. L. 107-372,

title II, Sec. 271(3), Dec. 19, 2002, 116 Stat. 3094.

-EXEC-

PROC. NO. 4373. TERMINAL DATE RESPECTING SERVICE DURING VIETNAM ERA

Proc. No. 4373, May 7, 1975, 40 F.R. 20257, provided:

The Congress has provided that entitlement to certain veterans

benefits be limited to persons serving in the Armed Forces during

the period, beginning August 5, 1964, referred to as the Vietnam

era. The President is authorized to determine the last day on which

a person must have entered the active military, naval, or air

service during that period.

The signing of the cease-fire agreements and implementing

protocols on January 27, 1973, between the United States of America

and the Republic of Vietnam, on the one hand, and the Democratic

Republic of Vietnam and the Provisional Revolutionary Government of

the Republic of South Vietnam on the other hand, has terminated

active participation by the Armed Forces of the United States in

the Vietnam conflict.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States

of America, by virtue of the authority vested in me by Section

101(29) of Title 38 of the United States Code, do hereby proclaim,

for the purposes of said Section 101(29), that May 7, 1975, is

designated as the last day of the "Vietnam era."

IN WITNESS WHEREOF, I have hereunto set my hand this seventh day

of May in the year of our Lord nineteen hundred seventy-five, and

of the Independence of the United States of America the one hundred

ninety-ninth.

Gerald R. Ford.

-CROSS-

SECRETARY AND DEPARTMENT DEFINED

Pub. L. 106-117, Sec. 3, Nov. 30, 1999, 113 Stat. 1547, provided

that: "For purposes of this Act [see Tables for classification] -

"(1) the term 'Secretary' means the Secretary of Veterans

Affairs; and

"(2) the term 'Department' means the Department of Veterans

Affairs."

DEFINITION OF ADMINISTRATOR FOR 1988 AMENDMENTS

Pub. L. 100-687, div. B, Sec. 1002, Nov. 18, 1988, 102 Stat.

4122, provided that: "For purposes of this division [see Tables for

classification], the term 'Administrator' means the Administrator

of Veterans' Affairs."

Section 3 of Pub. L. 100-322 provided that: "For purposes of this

Act [see Tables for classification], the term 'Administrator' means

the Administrator of Veterans' Affairs."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1965, 2301, 3020, 3729,

4303, 5302, 8111A of this title; title 5 sections 2108, 3501, 6303;

title 7 section 1983; title 8 sections 1612, 1613, 1622; title 10

sections 1413, 1413a, 1414, 1491, 2641; title 15 section 632; title

26 sections 3121, 6334; title 42 sections 410, 1477; title 43

section 1629g; title 49 section 47112; title 50 App. section 591.

-End-

-CITE-

38 USC Sec. 102 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 1 - GENERAL

-HEAD-

Sec. 102. Dependent parents

-STATUTE-

(a) Dependency of a parent, which may arise before or after the

death of a veteran, shall be determined in accordance with

regulations prescribed by the Secretary.

(b) Dependency of a parent shall not be denied (1) solely because

of remarriage, or (2) in any case in any State where the monthly

income for a mother or father does not exceed minimum levels which

the Secretary shall prescribe by regulation, giving due regard to

the marital status of the mother or father and additional members

of the family whom the mother or father is under a moral or legal

obligation to support.

(c) For the purposes of this section, in determining monthly

income the Secretary shall not consider any payments under laws

administered by the Secretary because of disability or death or

payments of bonus or similar cash gratuity by any State based upon

service in the Armed Forces.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 89-358, Sec.

4(e), (f), Mar. 3, 1966, 80 Stat. 24; Pub. L. 92-540, title IV,

Sec. 408, Oct. 24, 1972, 86 Stat. 1092; Pub. L. 94-432, title IV,

Sec. 402, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 99-576, title VII,

Sec. 701(1), Oct. 28, 1986, 100 Stat. 3289; Pub. L. 102-54, Sec.

14(a)(2), June 13, 1991, 105 Stat. 282; Pub. L. 102-83, Sec.

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

-MISC1-

AMENDMENTS

1991 - Subsecs. (a), (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator".

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

"Secretary shall" for "Administrator shall".

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

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

Pub. L. 102-54 substituted "(c)" for "(C)" as subsec.

designation.

1986 - Pub. L. 99-576, Sec. 701(1)(B), substituted "Dependent

parents" for "Dependent parents; husbands" in section catchline.

Subsec. (a). Pub. L. 99-576, Sec. 701(1)(A)(ii), (iii), (v),

struck out par. (1) designation and redesignated par. (2) of

subsec. (a) as subsec. (b) and par. (3) of subsec. (a) as subsec.

(C).

Subsec. (b). Pub. L. 99-576, Sec. 701(1)(A)(i), (iii), (iv),

redesignated former subsec. (a)(2) as subsec. (b) and substituted

"(1)" and "(2)" for "(A)" and "(B)", respectively. Former subsec.

(b), which read "For the purposes of this title, (1) the term

'wife' includes the husband of any female veteran; and (2) the term

'widow' includes the widower of any female veteran", was struck

out.

Subsec. (c). Pub. L. 99-576, Sec. 701(1)(A)(v), redesignated

former subsec. (a)(3) as subsec. (C) and substituted "For the

purposes of this section," for "For the purposes of this

subsection".

1976 - Subsec. (a)(2). Pub. L. 94-432 substituted prohibition

against denial of dependency of a parent "(B) in any case in any

State where the monthly income for a mother or father does not

exceed minimum levels which the Administrator shall prescribe by

regulation, giving due regard to the marital status of the mother

or father and additional members of the family whom the mother or

father is under a moral or legal obligation to support" for such

prohibition "(B) in any case in any State where the monthly income

for a mother or father, not living together, is not more than $105,

or where the monthly income for a mother and father living

together, is not more than $175, plus, in either case, $45, for

each additional member of the family whom the father or mother is

under a moral or legal obligation to support, as determined by the

Administrator".

1972 - Pub. L. 92-540, Sec. 408(2), substituted "Dependent

parents; husbands" for "Dependent parents and dependent husbands"

in section catchline.

Subsec. (b). Pub. L. 92-540, Sec. 408(1), struck out exception

which made definition of terms inapplicable to chapter 19 of this

title and struck out from definitions of "wife" and "widow"

provisions relating to the ability of such persons to maintain and

support themselves.

1966 - Subsec. (a)(2). Pub. L. 89-358, Sec. 4(e), substituted

"Dependency" for "Except for the purposes of chapter 33 of this

title, dependency".

Subsec. (b). Pub. L. 89-358, Sec. 4(f), struck out from

introductory parenthetical phrase reference to chapter 33 of this

title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-432 effective Sept. 30, 1976, see section

405(a) of Pub. L. 94-432, set out as a note under section 1521 of

this title.

-End-

-CITE-

38 USC Sec. 103 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 1 - GENERAL

-HEAD-

Sec. 103. Special provisions relating to marriages

-STATUTE-

(a) Whenever, in the consideration of any claim filed by a person

as the widow or widower of a veteran for gratuitous death benefits

under laws administered by the Secretary, it is established by

evidence satisfactory to the Secretary that such person, without

knowledge of any legal impediment, entered into a marriage with

such veteran which, but for a legal impediment, would have been

valid, and thereafter cohabited with the veteran for one year or

more immediately before the veteran's death, or for any period of

time if a child was born of the purported marriage or was born to

them before such marriage, the purported marriage shall be deemed

to be a valid marriage, but only if no claim has been filed by a

legal widow or widower of such veteran who is found to be entitled

to such benefits. No duplicate payments shall be made by virtue of

this subsection.

(b) Where a surviving spouse has been legally married to a

veteran more than once, the date of original marriage will be used

in determining whether the statutory requirement as to date of

marriage has been met.

(c) In determining whether or not a person is or was the spouse

of a veteran, their marriage shall be proven as valid for the

purposes of all laws administered by the Secretary according to the

law of the place where the parties resided at the time of the

marriage or the law of the place where the parties resided when the

right to benefits accrued.

(d)(1) The remarriage of the surviving spouse of a veteran shall

not bar the furnishing of benefits to such person as the surviving

spouse of the veteran if the remarriage is void, or has been

annulled by a court with basic authority to render annulment

decrees unless the Secretary determines that the annulment was

secured through fraud by either party or collusion.

(2)(A) The remarriage of the surviving spouse of a veteran shall

not bar the furnishing of benefits specified in paragraph (5) to

such person as the surviving spouse of the veteran if the

remarriage has been terminated by death or divorce unless the

Secretary determines that the divorce was secured through fraud or

collusion.

(B) The remarriage after age 55 of the surviving spouse of a

veteran shall not bar the furnishing of benefits under section 1781

of this title to such person as the surviving spouse of the

veteran.

(3) If the surviving spouse of a veteran ceases living with

another person and holding himself or herself out openly to the

public as that person's spouse, the bar to granting that person

benefits as the surviving spouse of the veteran shall not apply in

the case of the benefits specified in paragraph (5).

(4) The first month of eligibility for benefits for a surviving

spouse by reason of this subsection shall be the month after -

(A) the month of the termination of such remarriage, in the

case of a surviving spouse described in paragraph (2); or

(B) the month of the cessation described in paragraph (3), in

the case of a surviving spouse described in that paragraph.

(5) Paragraphs (2) and (3) apply with respect to benefits under

the following provisions of this title:

(A) Section 1311, relating to dependency and indemnity

compensation.

(B) Section 1781, relating to medical care for survivors and

dependents of certain veterans.

(C) Chapter 35, relating to educational assistance.

(D) Chapter 37, relating to housing loans.

(e) The marriage of a child of a veteran shall not bar

recognition of such child as the child of the veteran for benefit

purposes if the marriage is void, or has been annulled by a court

with basic authority to render annulment decrees unless the

Secretary determines that the annulment was secured through fraud

by either party or collusion.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 87-674, Sec.

2, Sept. 19, 1962, 76 Stat. 558; Pub. L. 90-77, title I, Sec.

101(b), Aug. 31, 1967, 81 Stat. 178; Pub. L. 91-376, Sec. 4, Aug.

12, 1970, 84 Stat. 789; Pub. L. 93-527, Sec. 9(a), Dec. 21, 1974,

88 Stat. 1705; Pub. L. 99-576, title VII, Sec. 701(2), Oct. 28,

1986, 100 Stat. 3290; Pub. L. 101-508, title VIII, Sec. 8004(a),

Nov. 5, 1990, 104 Stat. 1388-343; Pub. L. 102-83, Sec. 4(a)(1),

(2)(A)(i), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405; Pub. L.

106-117, title V, Sec. 502(a), Nov. 30, 1999, 113 Stat. 1574; Pub.

L. 107-135, title II, Sec. 208(e)(1), Jan. 23, 2002, 115 Stat.

2463; Pub. L. 107-330, title I, Sec. 101(a), Dec. 6, 2002, 116

Stat. 2821.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d)(2). Pub. L. 107-330 designated existing

provisions as subpar. (A) and added subpar. (B).

Subsec. (d)(5)(B). Pub. L. 107-135 substituted "1781" for "1713".

1999 - Subsec. (d). Pub. L. 106-117 designated existing

provisions as par. (1) and added pars. (2) to (5).

1991 - Subsec. (a). Pub. L. 102-83, Sec. 4(a)(1), (b)(1), (2)(E),

substituted "administered by the Secretary" for "administered by

the Veterans' Administration" and "Secretary" for "Administrator".

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

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

Administration".

Subsecs. (d), (e). Pub. L. 102-83, Sec. 4(a)(2)(A)(i),

substituted "Secretary" for "Veterans' Administration".

1990 - Subsec. (d). Pub. L. 101-508, Sec. 8004(a)(1), designated

par. (1) as entire subsec. (d) and struck out pars. (2) and (3)

which read as follows:

"(2) The remarriage of the surviving spouse of a veteran shall

not bar the furnishing of benefits to such person as the surviving

spouse of the veteran if the remarriage has been terminated by

death or has been dissolved by a court with basic authority to

render divorce decrees unless the Veterans' Administration

determines that the divorce was secured through fraud by the

surviving spouse or collusion.

"(3) If a surviving spouse ceases living with another person and

holding himself or herself out openly to the public as that

person's spouse, the bar to granting that person benefits as the

surviving spouse of the veteran shall not apply."

Subsec. (e). Pub. L. 101-508, Sec. 8004(a)(2), designated par.

(1) as entire subsec. (e) and struck out par. (2) which read as

follows: "The marriage of a child of a veteran shall not bar the

recognition of such child as the child of the veteran for benefit

purposes if the marriage has been terminated by death or has been

dissolved by a court, with basic authority to render divorce

decrees unless the Veterans' Administration determines that the

divorce was secured through fraud by either party or collusion."

1986 - Subsec. (a). Pub. L. 99-576, Sec. 701(2)(A), substituted

"person as the widow or widower" for "woman as the widow", "such

person" for "she", "the veteran" for "him", "the veteran's" for

"his", and "legal widow or widower" for "legal widow".

Subsec. (b). Pub. L. 99-576, Sec. 701(2)(B), substituted

"surviving spouse" for "widow".

Subsec. (c). Pub. L. 99-576, Sec. 701(2)(C), substituted "person

is or was the spouse" for "woman is or was the wife".

Subsec. (d)(1). Pub. L. 99-576, Sec. 701(2)(D), substituted

"surviving spouse of a veteran shall not bar the furnishing of

benefits to such person as the surviving spouse" for "widow of a

veteran shall not bar the furnishing of benefits to her as the

widow".

Subsec. (d)(2). Pub. L. 99-576, Sec. 701(2)(E), substituted

"surviving spouse" for "widow" wherever appearing, and "such

person" for "her".

Subsec. (d)(3). Pub. L. 99-576, Sec. 701(2)(F), substituted

"surviving spouse" for "widow" wherever appearing, "person" for

"man", "himself or herself" for "herself", "that person's spouse"

for "his wife", and "that person" for "her".

1974 - Subsec. (e). Pub. L. 93-527 designated existing provisions

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

1970 - Subsec. (d). Pub. L. 91-376 designated existing provisions

as par. (1) and added pars. (2) and (3).

1967 - Subsec. (a). Pub. L. 90-77 reduced cohabitation period

from five years to one year for purposes of deeming a purported

marriage valid and provided for cohabitation for any period of time

if a child was born of the purported marriage or was born before

the marriage.

1962 - Subsecs. (d), (e). Pub. L. 87-674 added subsecs. (d) and

(e).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-330, title I, Sec. 101(c), Dec. 6, 2002, 116 Stat.

2821, provided that: "The amendments made by this section [amending

this section] shall take effect on the date that is 60 days after

the date of the enactment of this Act [Dec. 6, 2002]."

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-117, title V, Sec. 502(c), Nov. 30, 1999, 113 Stat.

1574, provided that: "The amendments made by subsections (a) and

(b) [amending this section and section 1311 of this title] shall

take effect on the first day of the first month beginning after the

month in which this Act is enacted [November 1999]."

EFFECTIVE DATE OF 1990 AMENDMENT

Section 8004(b) of Pub. L. 101-508 provided that: "The amendments

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

respect to claims filed after October 31, 1990, and shall not

operate to reduce or terminate benefits to any individual whose

benefits were predicated on section 103(d)(2), 103(d)(3), or

103(e)(2) before the effective date of those amendments."

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section

10 of Pub. L. 93-527, set out as a note under section 1521 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 1967 AMENDMENT

Amendment by Pub. L. 90-77 effective first day of first calendar

month which begins more than ten days after Aug. 31, 1967, see

section 405 of Pub. L. 90-77, set out as a note under section 101

of this title.

APPLICATION FOR BENEFITS

Pub. L. 107-330, title I, Sec. 101(b), Dec. 6, 2002, 116 Stat.

2821, provided that: "In the case of an individual who but for

having remarried would be eligible for medical care under section

1781 of title 38, United States Code, and whose remarriage was

before the date of the enactment of this Act [Dec. 6, 2002] and

after the individual had attained age 55, the individual shall be

eligible for such medical care by reason of the amendments made by

subsection (a) [amending this section] only if an application for

such medical care is received by the Secretary of Veterans Affairs

during the 1-year period ending on the effective date specified in

subsection (c) [set out as an Effective Date of 2002 Amendment note

above]."

LIMITATION ON PAYMENTS

Pub. L. 106-117, title V, Sec. 502(d), Nov. 30, 1999, 113 Stat.

1574, provided that: "No payment may be made to a person by reason

of paragraphs (2) and (3) of section 103(d) of title 38, United

States Code, as added by subsection (a), for any period before the

effective date specified in subsection (c) [set out as an Effective

Date of 1999 Amendment note above]."

APPLICABILITY OF AMENDMENTS

Pub. L. 102-568, title I, Sec. 103, Oct. 29, 1992, 106 Stat.

4322, provided that:

"(a) Exception. - The amendments made by section 8004 of the

Omnibus Budget Reconciliation Act of 1990 (105 Stat. 424) [Pub. L.

101-508, 104 Stat. 1388-343, amending this section] shall not apply

to any case in which a legal proceeding to terminate an existing

marital relationship was commenced before November 1, 1990, by an

individual described in subsection (b) if that proceeding directly

resulted in the termination of such marriage.

"(b) Covered Individuals. - An individual referred to in

subsection (a) is an individual who, but for the marital

relationship referred to in subsection (a), would be considered to

be the surviving spouse of a veteran."

Pub. L. 102-86, title V, Sec. 502, Aug. 14, 1991, 105 Stat. 424,

provided that: "The amendments made by section 8004 of the Omnibus

Budget Reconciliation Act of 1990 (Public Law 101-508) [amending

this section] shall not apply with respect to any individual who on

October 31, 1990, was a surviving spouse or child within the

meaning of title 38, United States Code, unless after that date

that individual (1) marries, or (2) in the case of a surviving

spouse, begins to live with another person while holding himself or

herself out openly to the public as that person's spouse."

REINSTATEMENT OF BENEFITS SUBSEQUENT TO TERMINATION OF RELATIONSHIP

OR CONDUCT RESTRICTING PAYMENT OF BENEFITS; EFFECTIVE DATE OF AWARD

Section 5 of Pub. L. 91-376, effective January 1, 1971, provided

that:

"(a) If a widow terminates a relationship or conduct which

resulted in imposition of a prior restriction on payment of

benefits, in the nature of inference or presumption of remarriage,

or relating to open and notorious adulterous cohabitation or

similar conduct, she shall not be denied any benefits by the

Veterans' Administration, other than insurance, solely because of

such prior relationship or conduct.

"(b) The effective date of an award of benefits resulting from

enactment of subsection (a) of this section shall not be earlier

than the date of receipt of application therefor, filed after

termination of the particular relationship or conduct and after

December 31, 1970."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5110 of this title.

-End-

-CITE-

38 USC Sec. 104 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 1 - GENERAL

-HEAD-

Sec. 104. Approval of educational institutions

-STATUTE-

(a) For the purpose of determining whether or not benefits are

payable under this title (except chapter 35 of this title) for a

child over the age of eighteen years and under the age of

twenty-three years who is attending a school, college, academy,

seminary, technical institute, university, or other educational

institution, the Secretary may approve or disapprove such

educational institutions.

(b) The Secretary may not approve an educational institution

under this section unless such institution has agreed to report to

the Secretary the termination of attendance of any child. If any

educational institution fails to report any such termination

promptly, the approval of the Secretary shall be withdrawn.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 91-24, Sec.

1(c), June 11, 1969, 83 Stat. 33; Pub. L. 99-576, title VII, Sec.

701(3), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 102-83, Sec.

4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 substituted "Secretary" for "Administrator"

wherever appearing.

1986 - Subsec. (b). Pub. L. 99-576 substituted "report to the

Administrator" for "report to him".

1969 - Subsec. (a). Pub. L. 91-24 substituted "the age of

twenty-three years" for "the age of twenty-one years".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1314 of this title.

-End-

-CITE-

38 USC Sec. 105 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 1 - GENERAL

-HEAD-

Sec. 105. Line of duty and misconduct

-STATUTE-

(a) An injury or disease incurred during active military, naval,

or air service will be deemed to have been incurred in line of duty

and not the result of the veteran's own misconduct when the person

on whose account benefits are claimed was, at the time the injury

was suffered or disease contracted, in active military, naval, or

air service, whether on active duty or on authorized leave, unless

such injury or disease was a result of the person's own willful

misconduct or abuse of alcohol or drugs. Venereal disease shall not

be presumed to be due to willful misconduct if the person in

service complies with the regulations of the appropriate service

department requiring the person to report and receive treatment for

such disease.

(b) The requirement for line of duty will not be met if it

appears that at the time the injury was suffered or disease

contracted the person on whose account benefits are claimed (1) was

avoiding duty by deserting the service or by absenting himself or

herself without leave materially interfering with the performance

of military duties; (2) was confined under sentence of

court-martial involving an unremitted dishonorable discharge; or

(3) was confined under sentence of a civil court for a felony (as

determined under the laws of the jurisdiction where the person was

convicted by such court).

(c) For the purposes of any provision relating to the extension

of a delimiting period under any education-benefit or

rehabilitation program administered by the Secretary, the disabling

effects of chronic alcoholism shall not be considered to be the

result of willful misconduct.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 99-576,

title VII, Sec. 701(4), Oct. 28, 1986, 100 Stat. 3290; Pub. L.

100-689, title I, Sec. 109, Nov. 18, 1988, 102 Stat. 4170; Pub. L.

101-508, title VIII, Sec. 8052(a)(1), Nov. 5, 1990, 104 Stat.

1388-351; Pub. L. 102-83, Sec. 4(a)(1), Aug. 6, 1991, 105 Stat.

403.)

-MISC1-

AMENDMENTS

1991 - Subsec. (c). Pub. L. 102-83 substituted "administered by

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

1990 - Subsec. (a). Pub. L. 101-508 substituted "a result of the

person's own willful misconduct or abuse of alcohol or drugs" for

"the result of the person's own willful misconduct".

1988 - Subsec. (c). Pub. L. 100-689 added subsec. (c).

1986 - Subsec. (a). Pub. L. 99-576, Sec. 701(4)(A), substituted

"result of the person's" for "result of his" and "requiring the

person" for "requiring him".

Subsec. (b)(1). Pub. L. 99-576, Sec. 701(4)(B), substituted

"service or by absenting himself or herself" for "service, or by

absenting himself".

EFFECTIVE DATE OF 1990 AMENDMENT

Section 8052(b) of Pub. L. 101-508 provided that: "The amendments

made by subsection (a) [amending this section and sections 310 and

331 [now 1110 and 1131] of this title] shall take effect with

respect to claims filed after October 31, 1990."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 App. section 593.

-End-

-CITE-

38 USC Sec. 106 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 1 - GENERAL

-HEAD-

Sec. 106. Certain service deemed to be active service

-STATUTE-

(a)(1) Service as a member of the Women's Army Auxiliary Corps

for ninety days or more by any woman who before October 1, 1943,

was honorably discharged for disability incurred or aggravated in

line of duty which rendered her physically unfit to perform further

service in the Women's Army Auxiliary Corps or the Women's Army

Corps shall be considered active duty for the purposes of all laws

administered by the Secretary.

(2) Any person entitled to compensation or pension by reason of

this subsection and to employees' compensation based upon the same

service under subchapter I of chapter 81 of title 5 must elect

which benefit she will receive.

(b) Any person -

(1) who has applied for enlistment or enrollment in the active

military, naval, or air service and has been provisionally

accepted and directed or ordered to report to a place for final

acceptance into such service; or

(2) who has been selected or drafted for service in the Armed

Forces and has reported pursuant to the call of the person's

local draft board and before rejection; or

(3) who has been called into the Federal service as a member of

the National Guard, but has not been enrolled for the Federal

service; and

who has suffered an injury or contracted a disease in line of duty

while en route to or from, or at, a place for final acceptance or

entry upon active duty, will, for the purposes of chapters 11, 13,

19, 21, 31, and 39 of this title, and for purposes of determining

service-connection of a disability under chapter 17 of this title,

be considered to have been on active duty and to have incurred such

disability in the active military, naval, or air service.

(c) For the purposes of this title, an individual discharged or

released from a period of active duty shall be deemed to have

continued on active duty during the period of time immediately

following the date of such discharge or release from such duty

determined by the Secretary concerned to have been required for

that individual to proceed to that individual's home by the most

direct route, and in any event that individual shall be deemed to

have continued on active duty until midnight of the date of such

discharge or release.

(d)(1) For the purposes of this title, any individual -

(A) who, when authorized or required by competent authority,

assumes an obligation to perform active duty for training or

inactive duty training; and

(B) who is disabled or dies from an injury or covered disease

incurred while proceeding directly to or returning directly from

such active duty for training or inactive duty training, as the

case may be;

shall be deemed to have been on active duty for training or

inactive duty training, as the case may be, at the time such injury

or covered disease was incurred.

(2) In determining whether or not such individual was so

authorized or required to perform such duty, and whether or not

such individual was disabled or died from injury or covered disease

so incurred, the Secretary shall take into account the hour on

which such individual began so to proceed or to return; the hour on

which such individual was scheduled to arrive for, or on which such

individual ceased to perform, such duty; the method of travel

employed; the itinerary; the manner in which the travel was

performed; and the immediate cause of disability or death.

(3) Whenever any claim is filed alleging that the claimant is

entitled to benefits by reason of this subsection, the burden of

proof shall be on the claimant.

(4) For purposes of this subsection, the term "covered disease"

means any of the following:

(A) Acute myocardial infarction.

(B) A cardiac arrest.

(C) A cerebrovascular accident.

(e) Each person who has incurred a disability as a result of an

injury or disease described in subsection (b) shall be entitled to

the same rights, privileges, and benefits under title 5 as a

preference eligible described in section 2108(3)(C) of title 5.

(f) Service as a member of the Alaska Territorial Guard during

World War II of any individual who was honorably discharged

therefrom under section 8147 of the Department of Defense

Appropriations Act, 2001, shall be considered active duty for

purposes of all laws administered by the Secretary.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 87-102, Sec.

1, July 21, 1961, 75 Stat. 219; Pub. L. 88-616, Oct. 2, 1964, 78

Stat. 994; Pub. L. 89-311, Sec. 5, Oct. 31, 1965, 79 Stat. 1156;

Pub. L. 97-295, Sec. 4(3), Oct. 12, 1982, 96 Stat. 1305; Pub. L.

99-576, title VII, Sec. 701(5), Oct. 28, 1986, 100 Stat. 3291; Pub.

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

403-405; Pub. L. 106-259, title VIII, Sec. 8147(a), Aug. 9, 2000,

114 Stat. 705; Pub. L. 106-419, title III, Sec. 301(b), Nov. 1,

2000, 114 Stat. 1852.)

-REFTEXT-

REFERENCES IN TEXT

Section 8147 of the Department of Defense Appropriations Act,

2001, referred to in subsec. (f), is section 8147 of Pub. L.

106-259, which amended this section and enacted provisions set out

as a note below.

-MISC1-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-419 designated first sentence as

par. (1), redesignated former pars. (1) and (2) as subpars. (A) and

(B), respectively, of par. (1), and inserted "or covered disease"

after "injury" in subpar. (B) and in concluding provisions,

designated second sentence as par. (2) and inserted "or covered

disease" after "injury", designated third sentence as par. (3), and

added par. (4).

Subsec. (f). Pub. L. 106-259 added subsec. (f).

1991 - Subsec. (a)(1). Pub. L. 102-83, Sec. 4(a)(1), substituted

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

Administration".

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

"Secretary" for "Administrator" in concluding provisions.

1986 - Subsec. (b)(2). Pub. L. 99-576, Sec. 701(5)(A),

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

Subsec. (c). Pub. L. 99-576, Sec. 701(5)(B), substituted

"required for that individual" for "required for him", "proceed to

that individual's home" for "proceed to his home", and "in any

event that individual" for "in any event he".

Subsec. (d). Pub. L. 99-576, Sec. 701(5)(C), struck out "by him"

after "injury incurred" in cl. (2), and in closing provisions,

substituted "such individual was disabled" for "he was disabled",

"on which such individual began" for "on which he began", "such

individual was scheduled" for "he was scheduled", "such individual

ceased" for "he ceased", and "the itinerary" for "his itinerary".

1982 - Subsec. (a)(2). Pub. L. 97-295, Sec. 4(3)(A), substituted

"subchapter I of chapter 81 of title 5" for "the Federal Employees'

Compensation Act".

Subsec. (e). Pub. L. 97-295, Sec. 4(3)(B), substituted "title 5

as a preference eligible described in section 2108(3)(C) of title

5" for "the Act of June 27, 1944, (58 Stat. 387-391), as a person

described in section 2(1) of such Act".

1965 - Subsec. (e). Pub. L. 89-311 added subsec. (e).

1964 - Subsec. (d)(2). Pub. L. 88-616 struck out "after December

31, 1956," after "injury incurred".

1961 - Subsec. (c). Pub. L. 87-102 extended provisions for

benefits based on limited periods immediately following discharge

from active duty after December 31, 1956 to veterans discharged

before such date.

EFFECTIVE DATE OF 1961 AMENDMENT

Section 2 of Pub. L. 87-102 provided that: "No monetary benefits

shall accrue by reason of the amendments made by this Act [amending

this section] for any period prior to the date of enactment [July

21, 1961]."

SERVICE IN ALASKA TERRITORIAL GUARD

Pub. L. 106-259, title VIII, Sec. 8147(b), (c), Aug. 9, 2000, 114

Stat. 705, provided that:

"(b) Discharge. - (1) The Secretary of Defense shall issue to

each individual who served as a member of the Alaska Territorial

Guard during World War II a discharge from such service under

honorable conditions if the Secretary determines that the nature

and duration of the service of the individual so warrants.

"(2) A discharge under paragraph (1) shall designate the date of

discharge. The date of discharge shall be the date, as determined

by the Secretary, of the termination of service of the individual

concerned as described in that paragraph.

"(c) Prohibition on Retroactive Benefits. - No benefits shall be

paid to any individual for any period before the date of the

enactment of this Act [Aug. 9, 2000] by reason of the enactment of

this section [amending this section and enacting this note]."

WOMEN'S AIR FORCES SERVICE PILOTS

Pub. L. 95-202, title IV, Sec. 401, Nov. 23, 1977, 91 Stat. 1449,

as amended by Pub. L. 96-466, title VIII, Sec. 801(m)(3), Oct. 17,

1980, 94 Stat. 2217; Pub. L. 98-94, title XII, Sec. 1263(a), Sept.

24, 1983, 97 Stat. 703; Pub. L. 102-83, Sec. 6(b), Aug. 6, 1991,

105 Stat. 407, provided that:

"(a)(1) Notwithstanding any other provision of law, the service

of any person as a member of the Women's Air Forces Service Pilots

(a group of Federal civilian employees attached to the United

States Army Air Force during World War II), or the service of any

person in any other similarly situated group the members of which

rendered service to the Armed Forces of the United States in a

capacity considered civilian employment or contractual service at

the time such service was rendered, shall be considered active duty

for the purposes of all laws administered by the Secretary of

Veterans Affairs if the Secretary of Defense, pursuant to

regulations which the Secretary shall prescribe -

"(A) after a full review of the historical records and all

other available evidence pertaining to the service of any such

group, determines, on the basis of judicial and other appropriate

precedent, that the service of such group constituted active

military service, and

"(B) in the case of any such group with respect to which such

Secretary has made an affirmative determination that the service

of such group constituted active military service, issues to each

member of such group a discharge from such service under

honorable conditions where the nature and duration of the service

of such member so warrants.

Discharges issued pursuant to the provisions of the first sentence

of this paragraph shall designate as the date of discharge that

date, as determined by the Secretary of Defense, on which such

service by the person concerned was terminated.

"(2) In making a determination under clause (A) of paragraph (1)

of this subsection with respect to any group described in such

paragraph, the Secretary of Defense may take into consideration the

extent to which -

"(A) such group received military training and acquired a

military capability or the service performed by such group was

critical to the success of a military mission,

"(B) the members of such group were subject to military

justice, discipline, and control,

"(C) the members of such group were permitted to resign,

"(D) the members of such group were susceptible to assignment

for duty in a combat zone, and

"(E) the members of such group had reasonable expectations that

their service would be considered to be active military service.

"(b)(1) No benefits shall be paid to any person for any period

prior to the date of enactment of this title [Nov. 23, 1977] as a

result of the enactment of subsection (a) of this section.

"(2) The provisions of section 106(a)(2) of title 38, United

States Code, relating to election of benefits, shall be applicable

to persons made eligible for benefits, under laws administered by

the Secretary of Veterans Affairs, as a result of implementation of

the provisions of subsection (a) of this section.

"(c) Under regulations prescribed by the Secretary of Defense,

any person who is issued a discharge under honorable conditions

pursuant to the implementation of subsection (a) of this section

may be awarded any campaign or service medal warranted by such

person's service."

[Section 1263(b) of Pub. L. 98-94 provided that: "The amendment

made by subsection (a) [enacting subsec. (c) set out above] shall

apply to all persons issued discharges under honorable conditions

pursuant to section 401 of the GI Bill Improvements Act of 1977

[Pub. L. 95-202, set out above] whether such discharges are awarded

before, on, or after the date of the enactment of this Act [Sept.

24, 1983]."]

[Amendment of subsec. (a)(1)(B), set out above, by Pub. L.

96-466, effective Oct. 1, 1980, see section 802(h) of Pub. L.

96-466, set out as an Effective Date of 1980 Amendment note under

section 3452 of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1302, 2302 of this title;

title 5 section 2302.

-End-

-CITE-

38 USC Sec. 107 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 1 - GENERAL

-HEAD-

Sec. 107. Certain service deemed not to be active service

-STATUTE-

(a) Service before July 1, 1946, in the organized military forces

of the Government of the Commonwealth of the Philippines, while

such forces were in the service of the Armed Forces of the United

States pursuant to the military order of the President dated July

26, 1941, including among such military forces organized guerrilla

forces under commanders appointed, designated, or subsequently

recognized by the Commander in Chief, Southwest Pacific Area, or

other competent authority in the Army of the United States, shall

not be deemed to have been active military, naval, or air service

for the purposes of any law of the United States conferring rights,

privileges, or benefits upon any person by reason of the service of

such person or the service of any other person in the Armed Forces,

except benefits under -

(1) contracts of National Service Life Insurance entered into

before February 18, 1946;

(2) chapter 10 of title 37; and

(3) chapters 11, 13 (except section 1312(a)), 23, and 24 (to

the extent provided for in section 2402(8)) of this title.

Except as provided in subsection (c) or (d), payments under such

chapters shall be made at a rate of $0.50 for each dollar

authorized, and where annual income is a factor in entitlement to

benefits, the dollar limitations in the law specifying such annual

income shall apply at a rate of $0.50 for each dollar. Any payments

made before February 18, 1946, to any such member under such laws

conferring rights, benefits, or privileges shall not be deemed to

have been invalid by reason of the circumstance that such member's

service was not service in the Armed Forces or any component

thereof within the meaning of any such law.

(b) Service in the Philippine Scouts under section 14 of the

Armed Forces Voluntary Recruitment Act of 1945 shall not be deemed

to have been active military, naval, or air service for the

purposes of any of the laws administered by the Secretary except -

(1) with respect to contracts of National Service Life

Insurance entered into (A) before May 27, 1946, (B) under section

620 or 621 of the National Service Life Insurance Act of 1940, or

(C) under section 1922 of this title; and

(2) chapters 11 and 13 (except section 1312(a)) of this title.

Payments under such chapters shall be made at a rate of $0.50 for

each dollar authorized, and where annual income is a factor in

entitlement to benefits, the dollar limitations in the law

specifying such annual income shall apply at a rate of $0.50 for

each dollar.

(c) In the case of benefits under subchapters II and IV of

chapter 11 of this title paid by reason of service described in

subsection (a) to an individual residing in the United States who

is a citizen of, or an alien lawfully admitted for permanent

residence in, the United States, the second sentence of subsection

(a) shall not apply.

(d)(1) With respect to benefits under chapter 23 of this title,

in the case of an individual described in paragraph (2), the second

sentence of subsection (a) shall not apply.

(2) Paragraph (1) applies to any individual whose service is

described in subsection (a) and who dies after November 1, 2000, if

the individual, on the individual's date of death -

(A) is a citizen of, or an alien lawfully admitted for

permanent residence in, the United States;

(B) is residing in the United States; and

(C) either -

(i) is receiving compensation under chapter 11 of this title;

or

(ii) if the individual's service had been deemed to be active

military, naval, or air service, would have been paid pension

under section 1521 of this title without denial or

discontinuance by reason of section 1522 of this title.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1111; Pub. L. 87-268, Sec.

1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 89-641, Sec. 2(a), Oct.

11, 1966, 80 Stat. 885; Pub. L. 97-295, Sec. 4(4), Oct. 12, 1982,

96 Stat. 1305; Pub. L. 99-576, title VII, Sec. 701(6), Oct. 28,

1986, 100 Stat. 3291; Pub. L. 102-83, Secs. 4(a)(1), 5(c)(1), Aug.

6, 1991, 105 Stat. 403, 406; Pub. L. 103-446, title V, Sec. 507(a),

Nov. 2, 1994, 108 Stat. 4664; Pub. L. 106-377, Sec. 1(a)(1) [title

V, Sec. 501(a)(1)], Oct. 27, 2000, 114 Stat. 1441, 1441A-57; Pub.

L. 106-419, title III, Secs. 331(b), 332(a), Nov. 1, 2000, 114

Stat. 1856; Pub. L. 107-14, Sec. 8(a)(1), June 5, 2001, 115 Stat.

34; Pub. L. 107-330, title III, Sec. 308(g)(2), Dec. 6, 2002, 116

Stat. 2828.)

-REFTEXT-

REFERENCES IN TEXT

Section 14 of the Armed Forces Voluntary Recruitment Act of 1945,

referred to in subsec. (b), is section 14 of act Oct. 6, 1945, ch.

393, 59 Stat. 543, which enacted section 637 of former Title 10,

Army and Air Force, and was omitted from the Code in the revision

and reenactment of Title 10, Armed Forces, by act Aug. 10, 1956,

ch. 1041, 70A Stat. 1.

Sections 620 and 621 of the National Service Life Insurance Act

of 1940, referred to in subsec. (b)(1), are sections 620 and 621 of

act Oct. 8, 1940, ch. 757, title VI, pt. I, as added Apr. 25, 1951,

ch. 39, pt. II, Sec. 10, 65 Stat. 36, which enacted sections 820

and 821 of former Title 38, Pensions, Bonuses, and Veterans'

Relief, which were repealed and the provisions thereof reenacted as

sections 722(a) and 723 [now 1922(a) and 1923] of this title by

Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1105.

-MISC1-

AMENDMENTS

2002 - Subsec. (d)(2). Pub. L. 107-330 substituted "November 1,

2000," for "the date of the enactment of this subsection" in

introductory provisions.

2001 - Subsec. (a). Pub. L. 107-14, Sec. 8(a)(1)(A), inserted "or

(d)" after "subsection (c)" in concluding provisions.

Subsecs. (c), (d). Pub. L. 107-14, Sec. 8(a)(1)(B), (C),

redesignated subsec. (c) relating to the inapplicability of the

second sentence of subsec. (a) to an individual described in

paragraph (2) as (d) and substituted "With respect to benefits

under chapter 23 of this title, in" for "In" in par. (1).

2000 - Subsec. (a). Pub. L. 106-419, Sec. 332(a)(1), which

directed substitution of "Subject to subsection (c), payments" for

"Payments", could not be executed because "Payments" did not appear

subsequent to the amendment by Pub. L. 106-377, Sec. 1(a)(1) [title

V, Sec. 501(a)(1)(A)]. See below.

Pub. L. 106-377, Sec. 1(a)(1) [title V, Sec. 501(a)(1)(A)],

substituted "Except as provided in subsection (c), payments" for

"Payments" in concluding provisions.

Subsec. (a)(3). Pub. L. 106-419, Sec. 331(b), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "chapters

11, 13 (except section 1312(a)), and 23 of this title."

Subsec. (c). Pub. L. 106-419, Sec. 332(a)(2), added subsec. (c)

relating to the inapplicability of the second sentence of subsec.

(a) to an individual described in paragraph (2).

Pub. L. 106-377, Sec. 1(a)(1) [title V, Sec. 501(a)(1)(B)], added

subsec. (c) relating to the inapplicability of the second sentence

of subsec. (a) to cases of benefits under subchapters II and IV of

chapter 11 of this title paid to United States citizens or to

permanent resident aliens.

1994 - Subsecs. (a), (b). Pub. L. 103-446 substituted "rate of"

for "rate in pesos as is equivalent to" and for "rate in Philippine

pesos as is equivalent to" in second sentence.

1991 - Subsec. (a)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1312(a)" for "412(a)".

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1922" for

"722" in par. (1)(C) and "1312(a)" for "412(a)" in par. (2).

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

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

1986 - Subsec. (a). Pub. L. 99-576 substituted "that such

member's" for "that his" in last sentence.

1982 - Subsec. (a)(2). Pub. L. 97-295 substituted "chapter 10 of

title 37" for "the Missing Persons Act".

1966 - Pub. L. 89-641 increased the specified dollar/peso rate

for payments from one peso for each dollar otherwise authorized to

a rate in Philippine pesos equivalent to $0.50 for each dollar.

1961 - Pub. L. 87-268 substituted "section 412(a)" for "sections

412" wherever appearing.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-14, Sec. 8(a)(1), June 5, 2001, 115 Stat. 34,

provided that the amendment made by section 8(a)(1) is effective

Nov. 1, 2000.

EFFECTIVE DATE OF 2000 AMENDMENTS

Pub. L. 106-419, title III, Sec. 331(c), Nov. 1, 2000, 114 Stat.

1856, provided that: "The amendments made by this section [amending

this section and section 2402 of this title] shall apply with

respect to deaths occurring on or after the date of the enactment

of this Act [Nov. 1, 2000]."

Pub. L. 106-419, title III, Sec. 332(b), Nov. 1, 2000, 114 Stat.

1856, provided that: "No benefits shall accrue to any person for

any period before the date of the enactment of this Act [Nov. 1,

2000] by reason of the amendments made by subsection (a) [amending

this section]."

Pub. L. 106-377, Sec. 1(a)(1) [title V, Sec. 501(a)(2)], Oct. 27,

2000, 114 Stat. 1441, 1441A-57, provided that: "The amendments made

by paragraph (1) [amending this section] shall take effect on the

date of the enactment of this Act [Oct. 27, 2000] and shall apply

to benefits paid for months beginning on or after that date."

EFFECTIVE DATE OF 1994 AMENDMENT

Section 507(c) of Pub. L. 103-446 provided that: "The amendments

made by this section [amending this section and sections 3532 and

3565 of this title] shall apply with respect to payments made after

December 31, 1994."

EFFECTIVE DATE OF 1966 AMENDMENT

Section 2(b) of Pub. L. 89-641 provided that: "The amendments

made by subsection (a) of this section [amending this section]

shall take effect on the first day of the second calendar month

which begins after the date of enactment of this Act [Oct. 11,

1966]."

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3

of Pub. L. 87-268, set out as a note under section 1312 of this

title.

REFUND OF ERRONEOUSLY DEDUCTED NSLI PREMIUM TO PHILIPPINE VETERANS

ON PROPER APPLICATION

Section 1 of Pub. L. 89-641 provided for refund of erroneously

deducted insurance premiums to Philippine armed forces members in

service of the United States Armed Forces, such refund to be made

upon receipt of an application within two years after Oct. 11,

1966. In event of death of such member, refund was to be made only

to widow or widower, children or parents of such member, in that

order, with no refunds to heirs or legal representatives.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1734, 1925, 2402 of this

title; title 8 sections 1612, 1613, 1622.

-End-

-CITE-

38 USC Sec. 108 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 1 - GENERAL

-HEAD-

Sec. 108. Seven-year absence presumption of death

-STATUTE-

(a) No State law providing for presumption of death shall be

applicable to claims for benefits under laws administered by the

Secretary.

(b) If evidence satisfactory to the Secretary is submitted

establishing the continued and unexplained absence of any

individual from that individual's home and family for seven or more

years, and establishing that after diligent search no evidence of

that individual's existence after the date of disappearance has

been found or received, the death of such individual as of the date

of the expiration of such period shall be considered as

sufficiently proved.

(c) Except in a suit brought pursuant to section 1984 of this

title, the finding of death made by the Secretary shall be final

and conclusive.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 99-576,

title VII, Sec. 701(7), Oct. 28, 1986, 100 Stat. 3291; 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 - 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".

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1984" for

"784".

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

"Administrator".

1986 - Subsec. (b). Pub. L. 99-576 substituted "that

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

-End-

-CITE-

38 USC Sec. 109 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 1 - GENERAL

-HEAD-

Sec. 109. Benefits for discharged members of allied forces

-STATUTE-

(a)(1) In consideration of reciprocal services extended to the

United States, the Secretary, upon request of the proper officials

of the government of any nation allied or associated with the

United States in World War I (except any nation which was an enemy

of the United States during World War II), or in World War II, may

furnish to discharged members of the armed forces of such

government, under agreements requiring reimbursement in cash of

expenses so incurred, at such rates and under such regulations as

the Secretary may prescribe, medical, surgical, and dental

treatment, hospital care, transportation and traveling expenses,

prosthetic appliances, education, training, or similar benefits

authorized by the laws of such nation for its veterans, and

services required in extending such benefits. Hospitalization in a

Department facility shall not be afforded under this section,

except in emergencies, unless there are available beds surplus to

the needs of veterans of this country. The Secretary may also pay

the court costs and other expenses incident to the proceedings

taken for the commitment of such discharged members who are

mentally incompetent to institutions for the care or treatment of

the insane.

(2) The Secretary, in carrying out the provisions of this

subsection, may contract for necessary services in private, State,

and other Government hospitals.

(3) All amounts received by the Department as reimbursement for

such services shall be credited to the current appropriation of the

Department from which expenditures were made under this subsection.

(b) Persons who served in the active service in the armed forces

of any government allied with the United States in World War II and

who at time of entrance into such active service were citizens of

the United States shall, by virtue of such service, and if

otherwise qualified, be entitled to the benefits of chapters 31 and

37 of this title in the same manner and to the same extent as

veterans of World War II are entitled. No such benefit shall be

extended to any person who is not a resident of the United States

at the time of filing claim, or to any person who has applied for

and received the same or any similar benefit from the government in

whose armed forces such person served.

(c)(1) Any person who served during World War I or World War II

as a member of any armed force of the Government of Czechoslovakia

or Poland and participated while so serving in armed conflict with

an enemy of the United States and has been a citizen of the United

States for at least ten years shall, by virtue of such service, and

upon satisfactory evidence thereof, be entitled to hospital and

domiciliary care and medical services within the United States

under chapter 17 of this title to the same extent as if such

service had been performed in the Armed Forces of the United States

unless such person is entitled to, or would, upon application

thereof, be entitled to, payment for equivalent care and services

under a program established by the foreign government concerned for

persons who served in its armed forces in World War I or World War

II.

(2) In order to assist the Secretary in making a determination of

proper service eligibility under this subsection, each applicant

for the benefits thereof shall furnish an authenticated

certification from the French Ministry of Defense or the British

War Office as to records in either such Office which clearly

indicate military service of the applicant in the Czechoslovakian

or Polish armed forces and subsequent service in or with the armed

forces of France or Great Britain during the period of World War I

or World War II.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 94-491, Oct.

14, 1976, 90 Stat. 2363; Pub. L. 99-576, title VII, Sec. 701(8),

Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102-83, Sec. 4(a)(3), (4),

(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Subsec. (a)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" wherever appearing.

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

"Veterans' Administration".

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

"Secretary" for "Administrator".

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

"Department" for "Veterans' Administration" in two places.

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

"Secretary" for "Administrator".

1986 - Subsec. (b). Pub. L. 99-576 substituted "such person" for

"he".

1976 - Subsec. (c). Pub. L. 94-491 added subsec. (c).

-End-

-CITE-

38 USC Sec. 110 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 1 - GENERAL

-HEAD-

Sec. 110. Preservation of disability ratings

-STATUTE-

A rating of total disability or permanent total disability which

has been made for compensation, pension, or insurance purposes

under laws administered by the Secretary, and which has been

continuously in force for twenty or more years, shall not be

reduced thereafter, except upon a showing that such rating was

based on fraud. A disability which has been continuously rated at

or above evaluation for twenty or more years for compensation

purposes under laws administered by the Secretary shall not

thereafter be rated at less than such evaluation, except upon a

showing that such rating was based on fraud. The mentioned period

shall be computed from the date determined by the Secretary as the

date on which the status commenced for rating purposes.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 87-825, Sec.

6, Oct. 15, 1962, 76 Stat. 950; Pub. L. 88-445, Sec. 1(a), (b),

Aug. 19, 1964, 78 Stat. 464; Pub. L. 91-32, June 23, 1969, 83 Stat.

38; Pub. L. 102-83, Sec. 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105

Stat. 403-405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 substituted "Secretary" for "Administrator"

and substituted "administered by the Secretary" for "administered

by the Veterans' Administration" in two places.

1969 - Pub. L. 91-32 substituted "evaluation" for "percentage"

wherever appearing.

1964 - Pub. L. 88-445 substituted "Preservation of disability

ratings" for "Preservation of total disability ratings" in section

catchline, and inserted sentence directing that a disability which

has been continuously rated at or above any percentage for twenty

or more years for compensation purposes shall not thereafter be

rated at less than such percentage, except upon a showing that such

rating was based on fraud.

1962 - Pub. L. 87-825 provided for computation of the period from

the date the Administrator determines as the date the status

commenced for rating purposes.

EFFECTIVE DATE OF 1969 AMENDMENT

Section 1 of Pub. L. 91-32 provided that the amendment made by

that section is effective Aug. 19, 1964.

EFFECTIVE DATE OF 1962 AMENDMENT

Section 7 of Pub. L. 87-825 provided that: "This Act [see Tables

for classification] shall take effect on the first day of the

second calendar month which begins after the date of enactment of

this Act [Oct. 15, 1962], but no payments shall be made by reason

of this Act for any period before such effective date. Payments for

any period before such effective date shall be made under prior

laws and regulations. The provisions of this Act with respect to

reductions and discontinuances shall be applicable only where the

event requiring such reduction or discontinuance occurs on or after

such effective date. If such event occurred before such effective

date, action shall be taken pursuant to the prior laws and

regulations."

-End-

-CITE-

38 USC Sec. 111 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 1 - GENERAL

-HEAD-

Sec. 111. Payments or allowances for beneficiary travel

-STATUTE-

(a) Under regulations prescribed by the President pursuant to the

provisions of this section, the Secretary may pay the actual

necessary expense of travel (including lodging and subsistence), or

in lieu thereof an allowance based upon mileage traveled, of any

person to or from a Department facility or other place in

connection with vocational rehabilitation, counseling required by

the Secretary pursuant to chapter 34 or 35 of this title, or for

the purpose of examination, treatment, or care. In addition to the

mileage allowance authorized by this section, there may be allowed

reimbursement for the actual cost of ferry fares, and bridge, road,

and tunnel tolls.

(b)(1) Except as provided in subsection (c) of this section and

notwithstanding subsection (g)(2)(A) of this section or any other

provision of law, if, with respect to any fiscal year, the

Secretary exercises the authority under this section to make any

payments, the Secretary shall make the payments provided for in

this section to or for the following persons for travel during such

fiscal year for examination, treatment, or care for which the

person is eligible:

(A) A veteran or other person whose travel is in connection

with treatment or care for a service-connected disability.

(B) A veteran with a service-connected disability rated at 30

percent or more.

(C) A veteran receiving pension under section 1521 of this

title.

(D) A veteran (i) whose annual income (as determined under

section 1503 of this title) does not exceed the maximum annual

rate of pension which would be payable to such veteran if such

veteran were eligible for pension under section 1521 of this

title, or (ii) who is determined, under regulations prescribed by

the Secretary, to be unable to defray the expenses of the travel

for which payment under this section is claimed.

(E) Subject to paragraph (3) of this subsection, a veteran or

other person whose travel to or from a Department facility is

medically required to be performed by a special mode of travel

and who is determined under such regulations to be unable to

defray the expenses of the travel for which payment under this

section is claimed.

(F) A veteran whose travel to a Department facility is incident

to a scheduled compensation and pension examination.

(2) The Secretary may make payments provided for in this section

to or for any person not covered by paragraph (1) of this

subsection for travel by such person for examination, treatment, or

care. Such payments shall be made in accordance with regulations

which the Secretary shall prescribe.

(3)(A) Except as provided in subparagraph (B) of this paragraph,

the Secretary shall not make payments under this section for travel

performed by a special mode of travel unless (i) the travel by such

mode is medically required and is authorized by the Secretary

before the travel begins, or (ii) the travel by such mode is in

connection with a medical emergency of such a nature that the delay

incident to obtaining authorization from the Secretary to use that

mode of travel would have been hazardous to the person's life or

health.

(B) In the case of travel by a person to or from a Department

facility by special mode of travel, the Secretary may provide

payment under this section to the provider of the transportation by

special mode before determining the eligibility of such person for

such payment if the Secretary determines that providing such

payment is in the best interest of furnishing care and services.

Such a payment shall be made subject to subsequently recovering

from such person the amount of the payment if such person is

determined to have been ineligible for payment for such travel.

(c)(1) Except as otherwise provided in this subsection, the

Secretary, in making a payment under this section to or for a

person described in subparagraph (A), (B), (C), or (D) of

subsection (b)(1) of this section for travel for examination,

treatment, or care, shall deduct from the amount otherwise payable

an amount equal to $3 for each one-way trip.

(2) In the case of a person who is determined by the Secretary to

be a person who is required to make six or more one-way trips for

needed examination, treatment, or care during the remainder of the

calendar month in which the determination is made or during any

subsequent calendar month during the one-year period following the

last day of the month in which the determination is made, the

amount deducted by the Secretary pursuant to paragraph (1) of this

subsection from payments for trips made to or from such facility

during any such month shall not, except as provided in paragraph

(5) of this subsection, exceed $18.

(3) No deduction shall be made pursuant to paragraph (1) of this

subsection in the case of a person whose travel to or from a

Department facility is performed by a special mode of travel for

which payment under this section is authorized under subsection

(b)(3) of this section.

(4) The Secretary may waive the deduction requirement of

paragraph (1) of this subsection in the case of the travel of any

veteran for whom the imposition of the deduction would cause severe

financial hardship. The Secretary shall prescribe in regulations

the conditions under which a finding of severe financial hardship

is warranted for purposes of this paragraph.

(5) Whenever the Secretary increases or decreases the rates of

allowances or reimbursement to be paid under this section, the

Secretary shall, effective on the date on which such increase or

decrease takes effect, adjust proportionately the dollar amounts

specified in paragraphs (1) and (2) of this subsection as such

amounts may have been increased or decreased pursuant to this

paragraph before such date.

(d) Payment of the following expenses or allowances in connection

with vocational rehabilitation, counseling, or upon termination of

examination, treatment, or care, may be made before the completion

of travel:

(1) The mileage allowance authorized by subsection (a) of this

section.

(2) Actual local travel expenses.

(3) The expense of hiring an automobile or ambulance, or the

fee authorized for the services of a nonemployee attendant.

(e) When any person entitled to mileage under this section

requires an attendant (other than an employee of the Department) in

order to perform such travel, the attendant may be allowed expenses

of travel upon the same basis as such person.

(f) The Secretary may provide for the purchase of printed

reduced-fare requests for use by veterans and their authorized

attendants when traveling at their own expense to or from any

Department facility.

(g)(1) In carrying out the purposes of this section, the

Secretary, in consultation with the Administrator of General

Services, the Secretary of Transportation, the Comptroller General

of the United States, and representatives of organizations of

veterans, shall conduct periodic investigations of the actual cost

of travel (including lodging and subsistence) to beneficiaries

while traveling to or from a Department facility or other place

pursuant to the provisions of this section, and the estimated cost

of alternative modes of travel, including public transportation and

the operation of privately owned vehicles. The Secretary shall

conduct such investigations immediately following any alteration in

the rates described in paragraph (3)(C) of this subsection, and, in

any event, immediately following the enactment of this subsection

and not less often than annually thereafter, and based thereon,

shall determine rates of allowances or reimbursement to be paid

under this section.

(2) In no event shall payment be provided under this section -

(A) unless the person claiming reimbursement has been

determined, pursuant to regulations which the Secretary shall

prescribe, to be unable to defray the expenses of such travel

(except with respect to a person receiving benefits for or in

connection with a service-connected disability under this title,

a veteran receiving or eligible to receive pension under section

1521 of this title, or a person whose annual income, determined

in accordance with section 1503 of this title, does not exceed

the maximum annual rate of pension which would be payable to such

person if such person were eligible for pension under section

1521 of this title);

(B) to reimburse for the cost of travel by privately owned

vehicle in any amount in excess of the cost of such travel by

public transportation unless (i) public transportation is not

reasonably accessible or would be medically inadvisable, or (ii)

the cost of such travel is not greater than the cost of public

transportation; and

(C) in excess of the actual expense incurred by such person as

certified in writing by such person.

(3) In conducting investigations and determining rates under this

section, the Secretary shall review and analyze, among other

factors, the following factors:

(A)(i) Depreciation of original vehicle costs;

(ii) gasoline and oil costs;

(iii) maintenance, accessories, parts, and tire costs;

(iv) insurance costs; and

(v) State and Federal taxes.

(B) The availability of and time required for public

transportation.

(C) The per diem rates, mileage allowances, and expenses of

travel authorized under sections 5702 and 5704 of title 5 for

employees of the United States.

(4) Before determining rates or adjusting amounts under this

section and not later than sixty days after any alteration in the

rates described in paragraph (3)(C) of this subsection, the

Secretary shall submit to the Committees on Veterans' Affairs of

the House of Representatives and the Senate a report containing the

rates and amounts the Secretary proposes to establish or continue

with a full justification therefor in terms of each of the

limitations and factors set forth in this section.

(h) The Secretary, in consultation and coordination with the

Secretary of Transportation and appropriate representatives of

veterans' service organizations, shall take all appropriate steps

to facilitate the establishment and maintenance of a program under

which such organizations, or individuals who are volunteering their

services to the Department, would take responsibility for the

transportation, without reimbursement from the Department, to

Department facilities of veterans (primarily those residing in

areas which are geographically accessible to such facilities) who

seek services or benefits from the Department under chapter 17 or

other provisions of this title.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 86-590, July

5, 1960, 74 Stat. 329; Pub. L. 89-358, Sec. 4(g), Mar. 3, 1966, 80

Stat. 24; Pub. L. 89-455, June 18, 1966, 80 Stat. 208; Pub. L.

94-581, title I, Sec. 101, Oct. 21, 1976, 90 Stat. 2842; Pub. L.

96-151, title II, Sec. 201(a), Dec. 20, 1979, 93 Stat. 1093; Pub.

L. 97-295, Sec. 4(5), Oct. 12, 1982, 96 Stat. 1305; Pub. L.

100-322, title I, Sec. 108(a), (b)(1), (c)-(e)(1), May 20, 1988,

102 Stat. 496-498; Pub. L. 102-83, Secs. 4(a)(3), (4), (6), (b)(1),

(2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 103-446,

title XII, Sec. 1201(e)(1), Nov. 2, 1994, 108 Stat. 4685.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(3)(B). Pub. L. 103-446 substituted "a

Department facility" for "the Department facility".

1991 - Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" in two places.

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

"Veterans' Administration".

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

"Secretary" for "Administrator" wherever appearing.

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

"1521" for "521" in subpar. (C) and "1503" for "503" and "1521" for

"521" in subpar. (D).

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

substituted "Department" for "Veterans' Administration".

Subsec. (b)(3)(B). Pub. L. 102-83, Sec. 4(a)(6), substituted

"Department facility" for "Veteran's Administration facility".

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

substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (c)(3). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration".

Subsec. (c)(4), (5). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (e). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration".

Subsec. (f). 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".

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

"Secretary" for first and third references to "Administrator".

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

"Veterans' Administration".

Subsec. (g)(2)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1521" for "521" in two places and "1503" for "503".

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

"Administrator".

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

substituted "Secretary" for "Administrator" wherever appearing.

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

"Secretary" for first reference to "Administrator".

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

"Veterans' Administration" wherever appearing.

1988 - Pub. L. 100-322, Sec. 108(e)(1), substituted "Payments or

allowances for beneficiary travel" for "Travel expenses" in section

catchline.

Subsecs. (b), (c). Pub. L. 100-322, Sec. 108(a)(2), added

subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d)

and (e), respectively.

Subsec. (d). Pub. L. 100-322, Sec. 108(a)(1), (d), redesignated

subsec. (b) as (d), and in par. (1) substituted "The mileage" for

"the mileage" and "of this section." for "hereof;", in par. (2)

substituted "Actual" for "actual" and a period for a semicolon, and

in par. (3) substituted "The expense" for "the expense". Former

subsec. (d) redesignated (f).

Subsecs. (e), (f). Pub. L. 100-322, Sec. 108(a)(1), redesignated

subsecs. (c) and (d) as (e) and (f), respectively. Former subsec.

(e) redesignated (g).

Subsec. (g). Pub. L. 100-322, Sec. 108(a)(1), (c), redesignated

subsec. (e) as (g), and in par. (4) substituted "Before determining

rates or adjusting amounts" for "Before determining rates" and

"containing the rates and amounts" for "containing the rates".

Subsec. (h). Pub. L. 100-322, Sec. 108(b)(1), added subsec. (h).

1982 - Subsec. (e)(4). Pub. L. 97-295 substituted "and" for ",

and not later than sixty days after the effective date of this

subsection, and thereafter" after "under this section".

1979 - Subsec. (e)(2)(A). Pub. L. 96-151 substituted provisions

respecting determinations pursuant to regulations prescribed by the

Administrator, subject to applicable exceptions, for provisions

respecting determinations based on annual declarations and

certifications by persons claiming reimbursements, subject to

applicable exceptions.

1976 - Subsec. (a). Pub. L. 94-581, Sec. 101(1), inserted

"pursuant to the provisions of this section" after "President".

Subsec. (e). Pub. L. 94-581, Sec. 101(2), added subsec. (e).

1966 - Subsec. (a). Pub. L. 89-358 substituted reference to

chapter 34 for 33.

Subsec. (b). Pub. L. 89-455 authorized the prepayment of actual

local travel expenses and the expense of hiring an automobile or

ambulance, or the fee authorized for the services of a nonemployee

attendant.

1960 - Subsec. (a). Pub. L. 86-590 allowed reimbursement for

actual cost of ferry fares, and bridge, road, and tunnel tolls.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 108(g) of Pub. L. 100-322 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect

with respect to travel performed after June 30, 1988."

EFFECTIVE DATE OF 1979 AMENDMENT

Section 206 of title II of Pub. L. 96-151 provided that: "Except

as otherwise provided in section 205(b), the amendments made by

this title [amending this section and sections 601, 614, and 628

[now 1701, 1714, and 1728] of this title] shall take effect on

January 1, 1980."

EFFECTIVE DATE OF 1976 AMENDMENT

Section 211 of Pub. L. 94-581 provided that: "Except as otherwise

provided in this Act, the amendments made by this Act [see Tables

for classification] to title 38, United States Code, shall take

effect on October 1, 1976, or on the date of enactment [Oct. 21,

1976], whichever is later."

TRANSITION PROVISION FOR 1988 AMENDMENT

Section 108(f) of Pub. L. 100-322 provided that: "In determining

for the purposes of subsection (b)(1) of section 111 of title 38,

United States Code, as amended by subsection (a), whether during

fiscal year 1988 the Administrator has exercised the authority

under that section to make payments there shall be disregarded any

exercise of authority under that section before the date of the

enactment of this Act [May 20, 1988]."

INTERIM GUIDELINES FOR BENEFICIARY TRAVEL BETWEEN JANUARY 1, 1984,

AND THE PROMULGATION OF REGULATIONS BY ADMINISTRATOR OF VETERANS'

AFFAIRS

Pub. L. 98-160, title I, Sec. 108, Nov. 21, 1983, 97 Stat. 999,

provided that promulgation of guidelines pending issuance of

regulations covering the travel of beneficiaries during an interim

period beginning Jan. 1, 1984, and directed that a report be made

to Congress not later than Apr. 1, 1984, regarding travel payments.

AVAILABILITY OF FUNDS FOR TRAVEL OF ELIGIBLE VETERANS, DEPENDENTS,

OR SURVIVORS

Pub. L. 96-330, title IV, Sec. 406, Aug. 26, 1980, 94 Stat. 1052,

provided that: "No provision of law enacted after the date of the

enactment of this Act [Aug. 26, 1980] which imposes any restriction

or limitation on the availability of funds for the travel and

transportation of officers and employees of the executive branch of

the Government and their dependents, or on the transportation of

things of such officers and employees and their dependents, shall

be applicable to the travel of eligible veterans, dependents, or

survivors, for which reimbursement is authorized under title 38,

United States Code, pursuant to the terms and conditions of section

111 of such title, unless such provision is expressly made

applicable to the travel of such veterans, dependents, or

survivors."

-EXEC-

EXECUTIVE ORDER NO. 10810

Ex. Ord. No. 10810, Apr. 22, 1959, 24 F.R. 3179, as amended by

Ex. Ord. No. 10881, July 6, 1960, 25 F.R. 6414, which prescribed

regulations governing allowances, was superseded by Ex. Ord. No.

11142, Feb. 12, 1964, 29 F.R. 2479.

EXECUTIVE ORDER NO. 11142

Ex. Ord. No. 11142, Feb. 12, 1964, 29 F.R. 2479, which prescribed

regulations governing allowances, was superseded by Ex. Ord. No.

11302, Sept. 6, 1966, 31 F.R. 11741, set out below.

EX. ORD. NO. 11302. REGULATIONS GOVERNING ALLOWANCES

Ex. Ord. No. 11302, Sept. 6, 1966, 31 F.R. 11741, as amended Ex.

Ord. No. 11429, Sept. 9, 1968, 33 F.R. 12817; Ex. Ord. No. 11609,

July 22, 1971, 36 F.R. 13747, provided:

By virtue of the authority vested in me by Section 111 of Title

38 of the United States Code, as amended by the Act of June 18,

1966 (Public Law 89-455), it is hereby ordered as follows:

Section 1. The Administrator of Veterans' Affairs may authorize

or approve the payment of the actual necessary expenses of travel,

including lodging and subsistence, of any claimant or beneficiary

of the Veterans' Administration traveling to or from a Veterans'

Administration facility, or other place, in connection with

vocational rehabilitation or counseling, or for the purpose of

examination, treatment, or care. The Administrator may authorize or

approve such payment to the claimant or beneficiary, or, in his

discretion, to the person who or the organization which has

actually paid the expenses of such travel, including lodging and

subsistence.

Sec. 2. The Administrator of Veterans' Affairs may authorize or

approve in lieu of actual necessary expenses of travel, including

lodging and subsistence, payment of an allowance, in such amount

per mile as the Administrator shall from time to time fix pursuant

to 38 U.S.C. 111 as affected by this order, to any claimant or

beneficiary of the Veterans' Administration traveling to or from a

Veterans' Administration facility, or other place, in connection

with vocational rehabilitation or counseling, or for the purpose of

examination, treatment, or care. In addition to such mileage

allowance, the Administrator may allow reimbursement for the actual

cost of ferry fares, and bridge, road, and tunnel tolls. In his

discretion, the Administrator may authorize or approve such payment

and such reimbursement to the person who or the organization which

has actually paid the expenses of such travel, including lodging

and subsistence.

Sec. 3. Whenever a claimant or beneficiary requires an attendant

other than an employee of the Veterans' Administration for the

performance of travel specified in Section 1 and 2 hereof, the

travel expenses of such attendant may be allowed in the same manner

and to the same extent that travel expenses are allowed to such

claimant or beneficiary.

Sec. 4. Payment of the following expenses or allowances in

connection with vocational rehabilitation, counseling, or upon

termination of examination, treatment, or care, may be made before

the completion of travel:

a. The mileage allowance and fare and tolls authorized by Section

2 hereof.

b. Actual local travel expenses.

c. The expense of hiring an automobile or ambulance, or the fee

authorized for services of a non-employee attendant.

Sec. 5. The Administrator of Veterans' Affairs may prescribe such

rules and regulations not inconsistent herewith as may be necessary

to effectuate the provisions of this order.

Sec. 6. Executive Order No. 11142 of February 12, 1964, is hereby

superseded.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1701, 1714, 1720, 1728,

1782, 3104 of this title.

-End-

-CITE-

38 USC Sec. 112 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 1 - GENERAL

-HEAD-

Sec. 112. Presidential memorial certificate program

-STATUTE-

(a) At the request of the President the Secretary may conduct a

program for honoring the memory of deceased veterans, discharged

under honorable conditions, by preparing and sending to eligible

recipients a certificate bearing the signature of the President and

expressing the country's grateful recognition of the veteran's

service in the Armed Forces. The award of a certificate to one

eligible recipient will not preclude authorization of another

certificate if a request is received from some other eligible

recipient.

(b) For the purpose of this section an "eligible recipient" means

the next of kin, a relative or friend upon request, or an

authorized service representative acting on behalf of such relative

or friend.

(c) A certificate may not be furnished under the program under

subsection (a) on behalf of a deceased person described in section

2411(b) of this title.

-SOURCE-

(Added Pub. L. 89-88, Sec. 1(a), July 24, 1965, 79 Stat. 264;

amended Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105

Stat. 404, 405; Pub. L. 107-330, title II, Sec. 201(a), Dec. 6,

2002, 116 Stat. 2823.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-330 added subsec. (c).

1991 - Subsec. (a). Pub. L. 102-83 substituted "Secretary" for

"Administrator".

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-330, title II, Sec. 201(d), Dec. 6, 2002, 116 Stat.

2823, provided that: "The amendments made by this section [amending

this section and sections 2301 and 2306 of this title] shall apply

with respect to deaths occurring on or after the date of the

enactment of this Act [Dec. 6, 2002]."

-End-

-CITE-

38 USC Sec. 113 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 1 - GENERAL

-HEAD-

Sec. 113. Treatment of certain programs under sequestration

procedures

-STATUTE-

(a) The following programs shall be exempt from sequestration or

reduction under part C of the Balanced Budget and Emergency Deficit

Control Act of 1985 (2 U.S.C. 901 et seq.) or any other

sequestration law and shall not be included in any report

specifying reductions in Federal spending:

(1) Benefits under chapter 21 of this title, relating to

specially adapted housing and mortgage-protection life insurance

for certain veterans with service-connected disabilities.

(2) Benefits under section 2307 of this title, relating to

burial benefits for veterans who die as the result of a

service-connected disability.

(3) Benefits under chapter 39 of this title, relating to

automobiles and adaptive equipment for certain disabled veterans

and members of the Armed Forces.

(4) Assistance and services under chapter 31 of this title,

relating to training and rehabilitation for certain veterans with

service-connected disabilities.

(5) Benefits under chapter 35 of this title, relating to

educational assistance for survivors and dependents of certain

veterans with service-connected disabilities.

(6) Benefits under subchapters I, II, and III of chapter 37 of

this title, relating to housing loans for certain veterans and

for the spouses and surviving spouses of certain veterans.

(b) The following accounts of the Department shall be exempt from

sequestration or reduction under part C of the Balanced Budget and

Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any

other sequestration law and shall not be included in any report

specifying reductions in Federal spending:

(1) The following life insurance accounts:

(A) The National Service Life Insurance Fund authorized by

section 1920 of this title.

(B) The Service-Disabled Veterans Insurance Fund authorized

by section 1922 of this title.

(C) The Veterans Special Life Insurance Fund authorized by

section 1923 of this title.

(D) The Veterans Reopened Insurance Fund authorized by

section 1925 of this title.

(E) The United States Government Life Insurance Fund

authorized by section 1955 of this title.

(F) The Veterans Insurance and Indemnity appropriation

authorized by section 1919 of this title.

(2) The following revolving fund accounts:

(A) The Department of Veterans Affairs Special Therapeutic

and Rehabilitation Activities Fund established by section

1718(c) of this title.

(B) The Veterans' Canteen Service revolving fund authorized

by section 7804 of this title.

(c)(1) A benefit under section 2301, 2302, 2303, 2306, or 2308 of

this title that is subject to reduction under a sequestration order

or sequestration law shall be paid in accordance with the rates

determined under the sequestration order or law (if any) in effect

on the date of the death of the veteran concerned.

(2) A benefit paid to, or on behalf of, an eligible veteran for

pursuit of a program of education or training under chapter 30, 31,

34, 35, or 36 of this title that is subject to a sequestration

order or a sequestration law shall be paid in accordance with the

rates determined under the sequestration order or law (if any) in

effect during the period of education or training for which the

benefit is paid.

(3) In implementation of a sequestration order or law with

respect to each account from which a benefit described in paragraph

(1) or (2) of this subsection is paid (including the making of

determinations of the amounts by which such benefits are to be

reduced), the total of the amounts (as estimated by the Secretary

after consultation with the Director of the Congressional Budget

Office) by which payments of such benefit will be reduced by reason

of such paragraph after the last day of the period during which

such order or law is in effect shall be deemed to be additional

reductions in the payments of such benefit made, and in new budget

authority for such payments, during such period.

(d) In computing the amount of new budget authority by which a

budget account of the Department is to be reduced for a fiscal year

under a report of the Director of the Office of Management and

Budget, or under an order of the President under part C of the

Balanced Budget and Emergency Deficit Control Act of 1985, the base

from which the amount of the reduction for such account is

determined shall be established without regard to any amount of new

budget authority in such account (determined under section

251(a)(6) (!1) of such Act) for any of the programs listed in

subsection (a) of this section.

(e) This section applies without regard to any other provision of

law (whether enacted before, on, or after the date of the enactment

of this section) unless such Act expressly provides that it is

enacted as a limitation to this section.

(f) For the purposes of this section:

(1) The term "sequestration" means a reduction in spending

authority and loan guarantee commitments generally throughout the

Government under the Balanced Budget and Emergency Deficit

Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law.

(2) The term "sequestration law" means a law enacted with

respect to a sequestration under the Balanced Budget and

Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or

any other law (under the procedures specified in that Act or

otherwise).

(3) The term "sequestration order" means an order of the

President issued under part C of such Act.

-SOURCE-

(Added Pub. L. 99-576, title VI, Sec. 601(a)(1), Oct. 28, 1986, 100

Stat. 3287; amended Pub. L. 100-198, Sec. 12(a), Dec. 21, 1987, 101

Stat. 1325; Pub. L. 100-322, title IV, Sec. 411(b), (c), May 20,

1988, 102 Stat. 547; Pub. L. 102-40, title IV, Sec. 402(d)(1), May

7, 1991, 105 Stat. 239; Pub. L. 102-83, Secs. 4(a)(2)(B)(i), (3),

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

-REFTEXT-

REFERENCES IN TEXT

The Balanced Budget and Emergency Deficit Control Act of 1985,

referred to in subsecs. (a), (b), (d), and (f), is title II of Pub.

L. 99-177, Dec. 12, 1985, 99 Stat. 1038, as amended. Part C of the

Act is classified generally to subchapter I (Sec. 900 et seq.) of

chapter 20 of Title 2, The Congress. Section 251 of the Act is

classified to section 901 of Title 2, and was amended generally by

Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat.

1388-577. For complete classification of this Act to the Code, see

Short Title note set out under section 900 of Title 2 and Tables.

The date of the enactment of this section, referred to in subsec.

(e), is the date of enactment of Pub. L. 99-576, which was approved

Oct. 28, 1986.

-MISC1-

AMENDMENTS

1991 - Subsec. (a)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted

"2307" for "907".

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

"Department" for "Veterans' Administration" in introductory

provisions.

Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "1920"

for "720" in subpar. (A), "1922" for "722" in subpar. (B), "1923"

for "723" in subpar. (C), "1925" for "725" in subpar. (D), "1955"

for "755" in subpar. (E), and "1919" for "719" in subpar. (F).

Subsec. (b)(2)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1718(c)" for "618(c)".

Pub. L. 102-83, Sec. 4(a)(2)(B)(i), substituted "Department of

Veterans Affairs" for "Veterans' Administration".

Subsec. (b)(2)(B). Pub. L. 102-40 substituted "7804" for "4204".

Subsec. (c)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "2301,

2302, 2303, 2306, or 2308" for "901, 902, 903, 906, or 908".

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

"Secretary" for "Administrator".

Subsec. (d). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration".

1988 - Subsec. (a)(4), (5). Pub. L. 100-322, Sec. 411(b), struck

out "(but only with respect to fiscal year 1987)" before period at

end.

Subsec. (d). Pub. L. 100-322, Sec. 411(c), substituted "a report

of the Director of the Office of Management and Budget" for "a

joint report of the Directors of the Office of Management and

Budget and the Congressional Budget Office".

1987 - Subsec. (a)(6). Pub. L. 100-198, Sec. 12(a)(1), added par.

(6).

Subsec. (c)(2). Pub. L. 100-198, Sec. 12(a)(3), substituted "31,

34, 35, or 36" for "34, or 36".

Subsecs. (e) to (g). Pub. L. 100-198, Sec. 12(a)(2), redesignated

subsecs. (f) and (g) as (e) and (f), respectively, and struck out

former subsec. (e) which read as follows: "If a final order issued

by the President pursuant to a law providing for the cancellation

of loan guarantee commitments imposes a limitation on the total

amount of loans that may be guaranteed under chapter 37 of this

title in any fiscal year, the Administrator shall submit to the

Committees on Veterans' Affairs of the Senate and the House of

Representatives a monthly report (not later than the 10th day of

each month during the remainder of such fiscal year following the

issuance of such final order) providing the following information:

"(1) The total amount of the loans for which commitments of

guarantees were made under such chapter during the preceding

month.

"(2) The total amount of the loans for which commitments were

made during the fiscal year through the end of such preceding

month.

"(3) The Administrator's estimates as to the total amounts of

the loans for which commitments would, in the absence of any

limits on such commitments or guarantees, be made during (A) the

month in which the report is required to be submitted, and (B)

the succeeding months of the fiscal year."

EFFECTIVE DATE OF 1987 AMENDMENT

Section 12(b) of Pub. L. 100-198 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect on

November 19, 1987."

EFFECTIVE DATE

Section 601(b) of Pub. L. 99-576 provided that: "Section 113 of

title 38, United States Code (as added by subsection (a)), shall

apply with respect to a sequestration order issued, or a

sequestration law enacted, for a fiscal year after fiscal year

1986."

RESTORATION OF CERTAIN REVOLVING FUNDS

Section 411(a) of Pub. L. 100-322 provided that:

"(1) Notwithstanding section 601(b) of the Veterans' Benefits

Improvement and Health-Care Authorization Act of 1986 (Public Law

99-576) [set out as a note above], section 113(b)(2) of title 38,

United States Code, shall apply with respect to a sequestration

order issued, or a sequestration law enacted, for any fiscal year

after fiscal year 1985.

"(2) The Secretary of the Treasury shall take such action as is

necessary to implement paragraph (1). Not later than 60 days after

the date of the enactment of this Act [May 20, 1988], the Secretary

shall submit to the Committees on Veterans' Affairs of the Senate

and House of Representatives a report on the action taken by the

Secretary pursuant to that paragraph."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

38 USC Sec. 114 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 1 - GENERAL

-HEAD-

Sec. 114. Multiyear procurement

-STATUTE-

(a) The Secretary may enter into a multiyear contract for the

procurement of supplies or services if the Secretary makes each of

the following determinations:

(1) Appropriations are available for obligations that are

necessary for total payments that would be required during the

fiscal year in which the contract is entered into, plus the

estimated amount of any cancellation charge payable under the

contract.

(2) The contract is in the best interest of the United States

by reason of the effect that use of a multiyear, rather than

one-year, contract would have in -

(A) reducing costs;

(B) achieving economies in contract administration or in any

other Department activities;

(C) increasing quality of performance by or service from the

contractors; or

(D) encouraging effective competition.

(3) During the proposed contract period -

(A) there will be a continuing or recurring need for the

supplies or services being procured;

(B) there is not a substantial likelihood of substantial

changes in the need for such supplies or services in terms of

the total quantity of such supplies or services or of the rate

of delivery of such supplies or services; and

(C) the specifications for the supplies or services are

expected to be reasonably stable.

(4) The risks relating to the prospective contractor's ability

to perform in accordance with the specifications and other terms

of the contract are not excessive.

(5) The use of a multiyear contract will not inhibit small

business concerns in competing for the contract.

(6) In the case of the procurement of a pharmaceutical item for

which a patent has expired less than four years before the date

on which the solicitation of offers is issued, there is no

substantial likelihood that increased competition among potential

contractors would occur during the term of the contract as the

result of the availability of generic equivalents increasing

during the term of the contract.

(b)(1) A multiyear contract authorized by this section shall

contain -

(A) a provision that the obligation of the United States under

the contract during any fiscal year which is included in the

contract period and is subsequent to the fiscal year during which

the contract is entered into is contingent on the availability of

sufficient appropriations (as determined by the Secretary

pursuant to paragraph (2)(A) of this subsection) if, at the time

the contract is entered into, appropriations are not available to

cover the total estimated payments that will be required during

the full term of the contract; and

(B) notwithstanding section 1502(a) of title 31, a provision

for the payment of reasonable cancellation charges to compensate

the contractor for nonrecurring, unrecovered costs, if any, if

the performance is cancelled pursuant to the provision required

by subparagraph (A) of this paragraph.

(2)(A) If, during a fiscal year after the fiscal year during

which a multiyear contract is entered into under this section, the

Secretary determines that, in light of other funding needs involved

in the operation of Department programs, the amount of funds

appropriated for such subsequent fiscal year is not sufficient for

such contract, the Secretary shall cancel such contract pursuant to

the provisions required by paragraph (1)(A) of this subsection.

(B) Cancellation charges under a multiyear contract shall be paid

from the appropriated funds which were originally available for

performance of the contract or the payment of cancellation costs

unless such funds are not available in an amount sufficient to pay

the entire amount of the cancellation charges payable under the

contract. In a case in which such funds are not available in such

amount, funds available for the procurement of supplies and

services for use for the same purposes as the supplies or services

procured through such contract shall be used to the extent

necessary to pay such cost.

(c) Nothing in this section shall be construed so as to restrict

the Secretary's exercise of the right to terminate for convenience

a contract under any other provision of law which authorizes

multiyear contracting.

(d) The Secretary shall prescribe regulations for the

implementation of this section.

(e) For the purposes of this section:

(1) The term "appropriations" has the meaning given that term

in section 1511 of title 31.

(2) The term "multiyear contract" means a contract which by its

terms is to remain in effect for a period which extends beyond

the end of the fiscal year during which the contract is entered

into but not beyond the end of the fourth fiscal year following

such fiscal year. Such term does not include a contract for

construction or for a lease of real property.

(3) The term "nonrecurring, unrecovered costs" means those

costs reasonably incurred by the contractor in performing a

multiyear contract which (as determined under regulations

prescribed under subsection (d) of this section) are generally

incurred on a one-time basis.

-SOURCE-

(Added Pub. L. 100-322, title IV, Sec. 404(a), May 20, 1988, 102

Stat. 545; amended Pub. L. 101-237, title VI, Sec. 601(a), (b)(1),

Dec. 18, 1989, 103 Stat. 2094; Pub. L. 102-83, Sec. 4(a)(3), (4),

(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" in two places in

introductory provisions.

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

"Department" for "Veterans' Administration".

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

substituted "Secretary" for "Administrator".

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

substituted "Secretary" for "Administrator" in two places.

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

"Veterans' Administration".

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

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

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

"Secretary" for "Administrator".

1989 - Pub. L. 101-237, Sec. 601(b)(1), struck out "for certain

medical items" after "Multiyear procurement" in section catchline.

Subsec. (a). Pub. L. 101-237, Sec. 601(a)(1), struck out "for use

in Veterans' Administration health-care facilities" after "supplies

or services".

Subsec. (b)(2)(A). Pub. L. 101-237, Sec. 601(a)(2), struck out

"health-care" before "programs, the amount".

Subsec. (e)(2) to (4). Pub. L. 101-237, Sec. 601(a)(3),

redesignated pars. (3) and (4) as (2) and (3), respectively, and

struck out former par. (2) which read as follows: "The term

'cancel' or 'cancellation' refers to the termination of a contract

by the Administrator as required under paragraph (2)(B)(i) of this

subsection."

-End-

-CITE-

38 USC Sec. 115 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 1 - GENERAL

-HEAD-

Sec. 115. Acquisition of real property

-STATUTE-

For the purposes of sections 314, 315, 316, and 2406 of this

title and subchapter I of chapter 81 of this title, the Secretary

may acquire and use real property -

(1) before title to the property is approved under section 3111

of title 40; and

(2) even though the property will be held in other than a fee

simple interest in a case in which the Secretary determines that

the interest to be acquired is sufficient for the purposes of the

intended use.

-SOURCE-

(Added Pub. L. 102-86, title IV, Sec. 402(a), Aug. 14, 1991, 105

Stat. 422; amended Pub. L. 102-83, Sec. 5(c)(1), Aug. 6, 1991, 105

Stat. 406; Pub. L. 103-446, title XII, Sec. 1201(d)(1), Nov. 2,

1994, 108 Stat. 4684; Pub. L. 107-217, Sec. 3(j)(1), Aug. 21, 2002,

116 Stat. 1300.)

-MISC1-

AMENDMENTS

2002 - Par. (1). Pub. L. 107-217 substituted "section 3111 of

title 40" for "section 355 of the Revised Statutes (40 U.S.C.

255)".

1994 - Pub. L. 103-446 substituted "sections 314, 315, 316," for

"sections 230" in introductory provisions.

1991 - Pub. L. 102-83 substituted "2406" for "1006" in

introductory provisions.

-End-

-CITE-

38 USC Sec. 116 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 1 - GENERAL

-HEAD-

Sec. 116. Reports to Congress: cost information

-STATUTE-

Whenever the Secretary submits to Congress, or any committee of

Congress, a report that is required by law or by a joint

explanatory statement of a committee of conference of the Congress,

the Secretary shall include with the report -

(1) a statement of the cost of preparing the report; and

(2) a brief explanation of the methodology used in preparing

that cost statement.

-SOURCE-

(Added Pub. L. 106-419, title IV, Sec. 403(d)(1)(A), Nov. 1, 2000,

114 Stat. 1864.)

-MISC1-

EFFECTIVE DATE

Pub. L. 106-419, title IV, Sec. 403(d)(2), Nov. 1, 2000, 114

Stat. 1864, provided that: "Section 116 of title 38, United States

Code, as added by paragraph (1) of this subsection, shall apply

with respect to any report submitted by the Secretary of Veterans

Affairs after the end of the 90-day period beginning on the date of

the enactment of this Act [Nov. 1, 2000]."

-End-